Terms and Conditions of the lena-hracky.cz online shop
I. General provisions
1.1. The operator of the internet shop lena-hracky.cz, dardadrahy.cz, lena-toys.cz is the business company LENA - toys, s.r.o., Business ID: 25375687, with registered office at Opavská 626, 747 22 Dolní Benešov, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 16451, tel: 597582421, email: eshop@lena-hracky.cz (Seller). Address of the business establishment: Opavská 626, Dolní Benešov, 747 22. Address for claims and warranty service: Opavská 626, Dolní Benešov, 747 22.
1.2. The buyer is a natural or legal person who places an order for goods through the online shop, operated on the website, located at www.lena-hracky.cz, via the website (Buyer).
1.3. The relations and mutual rights and obligations of the Seller and the Buyer, who does not act within the scope of his/her trade or other business activity when ordering goods, are governed by these Purchase Terms and Conditions, which are also binding on both parties (Terms and Conditions), as well as the relevant legislation, in particular in accordance with the provisions of Act No. 89/2012 Sb., the Civil Code and Act No. 634/1992 Sb., on Consumer Protection, as amended.
1.4. If a purchase agreement is concluded through the lena-hracky.cz online shop between the seller and the buyer - another legal or natural person who acts in this regard within the framework of his/her trade or other business activity (Buyer - entrepreneur), their mutual relations are governed by the Business Corporations Act, as amended, and these Terms and Conditions, as applicable. In this case, however, the buyer is not considered a consumer and thus does not have the right to withdraw from the purchase agreement without giving a reason under Article IX, paragraph 9.1 herein.
1.5. By sending or making a binding order, the buyer confirms that these Terms and Conditions are part of the purchase agreement concluded between him and the seller, and that he is duly acquainted with them, they are clear, understandable and undertakes to comply with them. At the same time, the buyer confirms that he/she accepts the price for the ordered goods including any shipping and transport costs and all Terms and Conditions in the wording in force at the time of making or sending the order.
1.6. Provisions deviating from the Terms and Conditions may be agreed in the purchase agreement. Any deviating provisions in the purchase agreement shall prevail over the provisions of the Terms and Conditions.
1.7. The provisions of the Terms and Conditions are an integral part of the purchase agreement. The purchase agreement and the Terms and Conditions are in Czech language. The purchase agreement can be concluded in Czech.
1.8. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising from the effectiveness of the previous version of the Terms and Conditions.
II. Subject-Matter of the Agreement
2.1. By concluding the purchase agreement in accordance with these Terms and Conditions, the seller is obliged to hand over the ordered goods to the buyer and the buyer is obliged to accept the goods and pay the purchase price.
2.2. The subject of the buyer's order can only be the goods listed on the website of the lena-hracky.cz online store.
2.3. The seller continuously updates the website of the lena-hracky.cz online store so that the goods listed here correspond to its actual offer. Nevertheless, if the subject of the buyer's order is goods that are no longer part of the seller's range at the time of the order, the seller is obliged to notify the buyer of this fact, with an offer to resolve the situation (termination of the agreement or its modification).
2.4. The subject of the purchase agreement concluded between the seller and the buyer is only the delivery of the goods specified in the order confirmation duly and timely delivered to the buyer.
2.5. The subject of the seller's obligation under the purchase agreement is not the demonstration, installation, assembly or assembly of the delivered goods.
2.6. The characteristics of the goods listed on the lena-hracky.cz website, their description, functions, technical data, parameters, dimensions, weight, performance, capacity and other data and information listed here are based on the data of the manufacturers and suppliers of the goods. All information is provided according to the latest available data from manufacturers, suppliers or other contractors and is continuously checked. Nevertheless, their inaccuracy cannot be completely excluded and the seller reserves the right to change them in such a case. The seller is obliged to correct any inaccuracy of the information as soon as it becomes aware of it.
III. Buyer registration
3.1. Based on the buyer's registration made on the website, the buyer can access their user interface. The buyer can order goods from their user interface (user account). If the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.
3.2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the data provided in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
3.3. Access to the user account is secured with a username and password. The buyer is obliged to maintain the confidentiality of the information necessary to access their user account.
3.4. The buyer is not entitled to allow third parties to use the user account.
3.5. The seller may cancel the user account, especially if the buyer does not use their user account for more than 2 years or if the buyer violates their obligations under the purchase agreement (including the Terms and Conditions).
3.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
3.7. Registering and creating own customer account allows the buyer to simplify the order process (i.e., without re-entering personal data).
3.8. The buyer is entitled to cancel their registration at any time by writing to eshop@lena-hracky.cz or by telephone.
IV. Order of goods, order cancellation
4.1. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail to the buyer's electronic mail address.
4.2. The order must contain in particular the exact name of the buyer, the address of the permanent residence or registered office, the delivery address, email and telephone contact or other contact details of the buyer, the exact type and number of pieces of goods ordered, the method of shipment and the method of payment of the price of the goods.
4.3. The buyer is entitled to place an order for goods in the following ways:
a) Through the website of the lena-hracky.cz online store, as a non-logged-in customer or after registering and logging in with the name and password as a registered customer.
b. By phone on the phone number: 597582421, weekdays from 8:00 a.m. to 4:00 p.m. or by e-mail at: eshop@lena-hracky.cz
4.4. The buyer is entitled to cancel the submitted order within 14 days after it is sent to the seller, in the same way as the order can be made, preferably in writing to the e-mail address: eshop@lena-hracky.cz
4.5. The purchase agreement is considered concluded only at the moment of confirmation of the order by the seller.
4.6. The seller confirms the order electronically to the email address provided in the order.
4.7. Confirmation of the order by the seller must include in particular the following data: identification of the buyer, type of goods, number of pieces, price for the goods, method of delivery, price for delivery of the goods by the carrier and delivery address.
4.8. The seller undertakes to confirm the order to the buyer without undue delay after its receipt. The order shall be deemed confirmed at the moment of delivery of the expression of intent to confirm the order to the buyer.
4.9. If the order is cancelled by the buyer (also applies to withdrawal from a purchase agreement concluded by means of distance communication) or if the order is cancelled for any other reason at a time when the buyer has already paid the purchase price of the goods or has taken the necessary actions, the seller undertakes to send the relevant amount back to the account or by postal order (as agreed by the parties) to the buyer within 30 (thirty) days of the withdrawal from the order. In order to preserve this time limit for the return of the monetary means already provided, it is sufficient if the seller takes the necessary actions (e.g., makes a payment order or invites the buyer to pick it up) within this time limit to return the amount back.
4.10. The buyer agrees to the use of remote communication means in concluding the purchase agreement. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls, etc.) are be borne by the buyer.
4.11. The seller reserves the right to cancel the order (before the conclusion of the purchase agreement, in agreement with the buyer) in the event that: the goods are no longer produced or delivered or the supplier's price has changed significantly. If the buyer has already paid the purchase price, this amount will be returned to the account and the purchase agreement will not be concluded.
V. Place of Performance
5.1. The place of performance of the seller's obligation is the seller's shop/warehouse at the seller's business establishment, where the seller hands over the goods to the carrier of the transport company for transport to the buyer, or where the buyer personally collects the ordered goods.
5.2. The seller's obligation to hand over the ordered goods to the buyer is fulfilled at the moment of their handover and acceptance by the buyer.
VI. Price and Payment
6.1. The price of the goods ordered by the client is governed by the prices listed for the ordered goods on the website of the lena-hracky.cz online store at the time of sending the order by the buyer. The prices of goods and services listed on the website include VAT at the legal rate, unless the specific goods are explicitly stated to be exclusive of VAT.
6.2. The seller will add to the price of the goods the transportation of the goods to the place specified by the buyer. The buyer agrees to pay this price to the seller under the terms of Article VII and VIII of these Terms and Conditions.
6.3. The purchase price for the delivered goods and any transport costs will be paid by the buyer by the selected payment methods.
6.4. The purchase price shall be deemed to be duly paid only by crediting the full amount of the purchase price for a separate part of the delivery to the seller's account or by paying it in full in cash at the seller's shop or to an employee of the shipping company. The buyer may accept the goods only after full payment of the purchase price, unless otherwise agreed in writing by the parties.
6.5. The invoice issued by the seller to the buyer on the basis of the purchase agreement between the seller and the buyer also serves as a tax document and a delivery note (warranty sheet)
6.6. If the prices listed for individual types of goods on the website lena-hracky.cz are marked as special, then they are valid until the stock is sold out or until the next update of the offer.
VII. Delivery Time
7.1. In the event that the seller has the goods in stock (item marked on the website WAREHOUSE), the seller undertakes to ship them out, hand them over to the carrier without undue delay after the conclusion of the purchase agreement. If the seller does not have the goods in stock, it is obliged to inform the customer of this fact. Delivery times are governed by the carrier's shipping conditions according to the buyer's chosen method of shipment (approximately two days for the Czech Republic).
7.2. If the buyer chooses personal pick-up as the method of delivery of the delivered goods, then if the seller has these goods in stock, it undertakes to prepare them for pick-up without undue delay. If the seller does not have the goods in stock, it undertakes to notify the buyer of the date of pick-up.
7.3. In the event that the ordered goods are not in stock by the seller or cannot be handed over to the carrier or prepared for personal pick-up within the time limits according to the previous two paragraphs, the seller shall notify the buyer of this fact by email or telephone and shall also inform the buyer of the expected date of dispatch or personal pick-up of the goods delivered by the buyer.
VIII. Risk of Damage and Ownership Right to the Goods
8.1. The risk of damage to the goods delivered by the seller to the buyer on the basis of the order passes to the buyer at the moment of its actual receipt.
8.2. The ownership right to the goods delivered by the seller to the buyer on the basis of the order passes to the buyer at the moment of full payment of the purchase price of these goods to the seller.
IX. Withdrawal from the Purchase Agreement
9.1. The buyer is entitled to withdraw from the purchase agreement concluded through the lena-hracky.cz online store without giving any reason, but no later than 14 (fourteen) days from the date of actual receipt of the goods delivered. Withdrawal from the contract is a right of the buyer, which is regulated by Civil Code § 1829(1), where the subject of the purchase agreement is several types of goods or delivery of several parts, this time limit runs from the date of receipt of the last delivery of goods. However, this right may not be abused and used, for example, for the purpose of free loan of goods or temporary use of goods.
9.2. The buyer does not have the right to withdraw from the purchase agreement according to the preceding paragraph, among other statutory reasons, especially in the case that the subject-matter of the purchase agreement was the delivery of goods whose price depends on financial market fluctuations independent of the will of the seller, as well as in the case of goods that are subject to rapid deterioration, wear and tear or obsolescence, as well as in the case that the subject of the purchase agreement was the delivery of audio and video recordings and computer programs if the buyer has damaged their original packaging, or in the case of the delivery of newspapers, periodicals and magazines. The buyer does not have the right to withdraw even if the goods have been modified according to their wishes or for themselves.
9.3. In the event of withdrawal from the contract according to paragraph 1 of this article of the Terms and Conditions, the purchase agreement is cancelled from the beginning, the buyer returns the already delivered goods back to the seller, preferably within 14 days of withdrawal from the agreement, including everything received on the basis of the concluded purchase agreement (gifts, etc.). If it is no longer possible to return all of the goods handed over, the seller is entitled to a monetary payment in return for what the buyer can no longer return. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal method.
9.4. In the event of withdrawal from the agreement pursuant to Article 9.1 herein, the seller returns the monetary payment received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement (excluding the amount of additional shipping costs that the buyer has chosen as the method of delivery of the goods and which is different from the lowest shipping costs offered by the seller), in the same manner as the Seller has received them from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods by the buyer or in another way, if the buyer agrees to this and the buyer does not have any additional costs incurred by this. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received monetary means to the buyer before the buyer returns the goods to the buyer or proves to have sent the goods to the entrepreneur.
9.5. Withdrawal from the agreement will be made by the buyer preferably in writing to the address of the seller's business establishment. The will to withdraw from the purchase agreement must be sent to the seller's address within the fourteen-day period.
9.6. If the returned goods are damaged, the seller may claim damages against the buyer and set off its claim for the refund. The seller, in this case, shall prove the damage to the buyer and shall refund the buyer the reduced purchase amount by its claim.
9.7. The buyer also has the right to withdraw from the purchase agreement without undue delay after they have been handed over or delivered goods other than those ordered. In the event that the item is not in conformity with the purchase agreement upon receipt by the buyer (non-conformity with the purchase agreement), the buyer has the right to have the seller put the item to the condition corresponding to the purchase agreement free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the buyer. If such procedure is not possible, the uyer may demand a reasonable discount from the price of the item or withdraw from the agreement. This does not apply if the buyer knew about the contradiction with the purchase agreement before taking over the item or caused the contradiction with the purchase agreement themselves.
X. Claims, Liability for Defects, Warranty Conditions
10.1. The buyer is advised to inspect the goods without undue delay after receipt. If the goods are defective at the time of delivery, the buyer is entitled to refuse to accept them. The buyer is entitled to complain to the seller without undue delay about defects in the delivered goods at the time of delivery.
10.2. The seller provides the buyer with a warranty for goods delivered through the lena-hracky.cz online store, lasting 24 (twenty-four) months from the actual receipt of the goods by the buyer. This warranty period may be set in a longer range if it is stated in the description of the goods on the website of the lena-hracky.cz online store and if the supplier or manufacturer of the goods so states. If defects occur in the delivered goods during the warranty period, the buyer is entitled to claim these defects.
10.3. Complaints of defects in the goods will be made by the buyer preferably in writing to the address of the seller's business establishment.
10.4. A claim will be considered unjustified if the defect was caused by using the goods in a manner other than that specified in the instructions, normal wear and tear or damage, improper handling, improper storage, unprofessional intervention of the buyer or a third party or as a result of natural disasters.
10.5. In the case of a legitimate complaint, the customer is entitled to reimbursement of postal costs in the amount necessary to settle the complaint (in the case of complaints abroad, the company does not pay reimbursement of postal costs). In the event of an unjustified claim, the consumer is not entitled to compensation for his costs associated with the settlement of the claim.
10.6. Unless otherwise stipulated or agreed, the rights and obligations of the Buyer and the Seller under liability for defects in goods shall be governed by the relevant provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code, as amended, and Act No. 634/1992 Sb., on Consumer Protection, as amended. In the case of an entrepreneur-buyer, mutual rights under liability for defects are governed by the Business Corporations Act, as amended, unless otherwise agreed.
XI. Rights from Defective Performance
11.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding provisions (in particular, Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
11.2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer accepted the delivery of the goods:
- the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them
- the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model
- the goods in the appropriate quantity, measure or weight
- the goods meet the requirements of the legislation.
11.3. The provisions referred to in Article 7.2 herein do not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
11.4. If a defect appears within six months of receipt, the goods will be deemed to have been defective upon receipt.
11.5. The buyer claims the rights from the defective performance at the seller's address of the seller's business establishment, where the acceptance of the claim is possible with regard to the range of goods sold, possibly also at the registered office or place of business. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
XII. Personal Data Protection
12.1. The Seller hereby declares that it is the administrator of personal data and that it will proceed in accordance with Act No. 101/2000 Sb., on the protection of personal data, as amended, when dealing with the buyer's personal data. Personal data about the buyer will be collected and processed by the seller through a secure electronic database so that it cannot be misused, solely for the purpose of:
a. fulfilling the subject matter of the agreement concluded between the seller and the buyer
b. offering further trade or services to the buyer
12.2. The seller undertakes to protect the buyer's personal data. These data will not be provided by the seller to any third party except in those cases where the provision of the data (e.g., address and telephone number) is a necessary condition for the successful delivery of the goods to the buyer.
12.3. In particular, the seller collects the following data necessary for the successful completion of the purchase agreement and delivery of the goods, and the buyer agrees to the processing of the following personal data: name and surname, buyer's address, delivery address, telephone number, e-mail address, Business ID and VAT number.
12.4. The buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the seller without undue delay about any change in his/her personal data.
12.5. The seller may entrust a third party as a processor to process the buyer's personal data. Apart from the persons shipping the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
12.6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
12.7. The buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
12.8. The buyer has the right to request the seller at any time in writing to delete his/her personal data from his/her records in an appropriate manner or to make the requested change in the structure of the buyer's personal data.
XIII. Sending commercial communications and saving cookies
13.1. The buyer agrees to receive information related to the seller's goods, services or business at the buyer's electronic address and further agrees to receive commercial communications from the seller at the buyer's electronic address.
13.2. The buyer agrees to cookies being saved on his/her computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase agreement can be fulfilled without saving cookies on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
XIV. Dispute Resolution
14.1. Disputes between the seller and the buyer are resolved by the general courts. The seller undertakes to seek out-of-court dispute resolution with the buyer as a matter of priority, unless the buyer refuses.
14.2. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade licensing authority. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Sb., on Consumer Protection, as amended.
14.3. Out-of-court dispute resolution is handled by the Czech Trade Inspection Authority. For more information on how to resolve a dispute out of court, please visit https://adr.coi.cz/cs
XV. Copyright, Trademarks, Third Party Rights, Liability
15.1. The seller is not be liable to the buyer or any third party for any damages, lost profits, costs incurred, business interruption or other damages arising in connection with the use of the information provided on the lena-hracky.cz website. The information about the goods provided on the website of the lena-hracky.cz e-shop cannot be regarded as a statement about the suitability of these goods for any particular purpose.
15.2. All materials published on the lena-hracky.cz website are protected by copyright law. This website and its individual parts (in particular descriptions and illustrations of the goods sold, categorization of goods) may not be copied electronically or mechanically and made available to the public or otherwise used without the prior written permission of the seller as the copyright holder.
15.3. The seller declares that it is the owner of these trademarks:
a) LENA-hračky, s.r.o.
b. www.lena-hracky.cz.
c. www.dardadrahy.cz
15.4. The buyer is obliged to avoid any interference with the seller's rights arising from the ownership of the aforementioned trademarks. The buyer acknowledges that the names and designations of products, services and companies listed on the lena-hracky.cz website may be registered trademarks of the respective third parties (suppliers, manufacturers of goods) and enjoy the relevant legal protection.
COMPETITION RULES
General Provisions
1. Any participant who accepts the rules of the competition, meets these conditions and sends an answer to the competition question via a comment on Facebook becomes a participant.
2. The organizer of the competition is the business LENA - Toys, s.r.o., a limited liability company (Organizer). It is registered in the Commercial Register under file number C 16451, Regional Court in Ostrava. Registered office at Opavská 626, Dolní Benešov, 747 22.
3. The competition is open to any natural person over 18 years of age with a delivery address in the Czech Republic.
4. The competition organizer reserves the right to shorten, interrupt or cancel the competition or change the rules.
5. The competition organiser reserves the right to make final decisions in disputed cases at its sole discretion.
6. By entering the competition, all participants agree to abide by the rules of the competition.
7. The competitions are in no way administered, sponsored by, or associated with Facebook and Facebook is not responsible for the operation of the competitions. Any questions, comments or complaints about the competitions must be addressed to the organizer, not to Facebook.
Personal and Data Protection Rights
1. By submitting a comment in response to a competition question, the participant gives the organizer explicit consent to the organizer processing the personal data provided by the participant (name, surname, Facebook name and, where applicable, delivery address) in its marketing database and in the databases of all processors of this database for the purpose of offering business and services. It will process this data for the duration of the competition and for 2 months after the competition ends. Consent to the processing of personal data is completely voluntary.
2. The organizer of the competition hereby informs each participant who has provided his/her personal data for processing in the competition according to the previous paragraph of his/her rights arising from Act No. 101/2000 Sb., on the Protection of Personal Data, as amended (Act), i.e., in particular that the provision of such data is voluntary, that the participant has the right to access them and that he/she has the right to contact the Office for Personal Data Protection in the event of a violation of the Act with a request for redress, as well as other rights arising from §§ 11 and 21 of the Act. Consent to data processing may be withdrawn at any time under the conditions of the law at the address of the organizer's registered office.
Competition Mechanism
1. The competition will always take place during the period specified in the relevant competition announcement.
2. The organizer will draw a winner from all the answers that have been entered by participants as comments during the relevant period. The number of winners will always be determined in the announcement of the respective competition.
3. Comments that are, at the sole discretion of the organizer, illegal or immoral are excluded from the competition. The organizer is entitled at any time to check and subsequently not admit to the competition or exclude from the competition participants with comments that, in its decision, are inappropriate for any of the above and other reasons, without any compensation and without the obligation to state the reasons for such a decision. This also applies to comments technically unusable for the competition.
4. The contestant warrants that he/she is the sole author of his/her entry and that his/her comment does not violate any third party rights or other legal requirements. The contestant agrees and grants a free license to the organizer to publish his/her comment, including the author's name, on the Internet in connection with this competition. The contestant acknowledges that once published, the entry may be distributed on the Internet outside the organizer's will and the organizer is not responsible for such distribution.
Prizes and their Handover
1. The prizes in the competition and the number of prizes will always be specified in the respective competition announcement.
2. The winners will be contacted within the second day of the competition, via a comment under the competition post (comment), a public post or in a private message and will be asked to forward their contact details in a private Facebook message to the organizer. At the same time, contestants will be given further instructions.
3. In the event that the winner does not reply to a comment in a private Facebook message from the organizer within 2 days, the winner will forfeit the prize, unless otherwise agreed.
4. The prizes will be handed over to the winners either at the organizer's headquarters or will be sent by post to the postal address in the Czech Republic provided by the winner.
5. Winnings are not enforceable in court. Winnings are always net of any withholding tax.
6. Winners are not entitled to claim cash or any other consideration in lieu of the prize. The organizer is not otherwise obliged to the winners of the competition and they are not entitled to any other benefits from the organizer other than those set out in these rules.
