Company LaMajja PRO s.r.o. With registered office at U Mlýna 165, Libochovice – Poplze, 411 17, IČO: 10960937
(Company registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 47292, maintained by the Regional Court in Ústí nad Labem)
For the sale of goods and services via the online shop located at www.lamajja.cz and www.lamajja.com
1. INTRODUCTORY PROVISIONS
The buyer is a consumer or entrepreneur.
A consumer is any person who enters into a contract with LaMajja PRO s.r.o. or otherwise deals with LaMajja PRO s.r.o. outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession.
An entrepreneur is a person who independently carries out, on his own account and responsibility, a gainful activity by means of a trade or similar activity with the intention of doing so consistently for profit. For the purposes of consumer protection, an entrepreneur includes, inter alia, any person who concludes contracts in connection with his or her own business, manufacturing or similar activity or in the independent exercise of his or her profession, or any person who acts in the name of or on behalf of an entrepreneur. For the purposes of the Terms and Conditions, an entrepreneur means a person who acts in accordance with the preceding sentence in the course of his business. If the Buyer provides his identification number in the order, he acknowledges that the rules for entrepreneurs apply to him.
1.1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of LaMajja PRO s.r.o., U Mlýna 165, Lipochovice – Poplze VAT: 10960937, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 47292, maintained by the Regional Court in Ústí nad Labem (hereinafter referred to as the “Seller”), regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online shop is operated by the Seller at the internet address www.lamajja.com and www.lamajja.cz , through a web interface (hereinafter referred to as the “web shop interface”).
1.2. The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller’s website located at www.lamajja.com and www.lamajja.cz (hereinafter referred to as the “Website”) and other related legal relations. The Terms and Conditions do not apply where a person who intends to purchase goods from the Seller is acting in the course of his or her business when ordering goods.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. The deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions
2. USER ACCOUNT
2.1. Based on the Buyer’s registration made on the Website, the Buyer can access his/her user interface. From his user interface, the Buyer can order goods (hereinafter referred to as “user account”).
2.2. 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 information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
2.3. Access to the user account is secured by a username and password. The Buyer shall maintain the confidentiality of the information necessary to access its user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 1 year or if the Buyer violates his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. 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. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The web interface of the shop contains a list of goods offered for sale by the Seller, including the prices of each offered item. The prices of the goods offered are inclusive of all charges. The offer for sale of goods and the prices of such goods shall remain valid for as long as they are displayed in the web interface of the Shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms. All offers for sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.
3.2. The web interface of the shop also contains information about the costs associated with packaging and delivery of goods. The Seller shall not be liable for the costs associated with customs clearance.
3.3. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
- ordered goods (ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
- the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.4. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer’s ability to detect and correct errors arising when entering data into the order. The Buyer sends the order to the Seller by clicking on the “send” button. The data provided in the order are considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
3.5. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
3.6. The contractual relationship between the Seller and the Buyer arises upon 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.
3.7. The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions).
3.8. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the Seller the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract in the following ways:
- by bank transfer
- by credit card – the money is transferred online from the Buyer’s account to the Seller’s account. Seller sends the goods within 48h after receiving the payment to the bank account
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3. In case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 1 day of the conclusion of the purchase contract. The goods will be sent only after the payment has been credited to the seller’s account.
4.4. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
4.5. The Seller is entitled, in particular in the event that the Buyer fails to subsequently confirm the order (Article 3.5), to require payment of the full purchase price before the goods are shipped to the Buyer.
4.6. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
4.7. If it is customary in commercial relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice to the Buyer in respect of payments made under the Purchase Contract. The seller is not a payer of value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of § 53 paragraph 8 of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible, inter alia, to withdraw from a purchase contract for the supply of goods adapted to the wishes of the buyer, as well as goods that are subject to rapid deterioration, wear and tear or obsolescence, from a purchase contract for the supply of audio and video recordings and computer programs if the consumer has damaged their original packaging, and from a purchase contract for the supply of newspapers, periodicals and magazines.
5.2. Unless the case referred to in Article 5.1 or any other case where the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 53 (7) of the Civil Code. Withdrawal from the purchase contract must be delivered to the Seller within fourteen (14) days of receipt of the goods to the Seller’s business address or to the Seller’s e-mail address email@example.com.
5.3. In the event of withdrawal from the contract according to Article 5.2 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the Seller within 7 working days of the withdrawal being sent to the Seller. In the event that the Buyer breaches the obligation under the previous sentence, the Seller is entitled to a contractual penalty of 50 CZK (in words: fifty Czech crowns) for each day of delay, however, up to a maximum of the purchase price of the goods. This provision does not affect the right to compensation for any damage resulting from the breach of the obligation to which the contractual penalty applies, even if the damage exceeds the contractual penalty. The goods must be returned to the seller undamaged and unworn and, if possible, in their original packaging.
5.4. Within ten (10) days of the return of goods by the Buyer pursuant to Article 5.3 of the Terms and Conditions, the Seller is entitled to conduct an examination of the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
5.5. In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall refund the purchase price (excluding the costs incurred for delivery of the goods) to the Buyer within ten (10) days of the end of the period for examination of the goods pursuant to Article 5.4 of the Terms and Conditions, without cash to the account designated by the Buyer. The Seller is also entitled to return the purchase price in cash upon return of the goods by the Buyer.
5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation for the damage incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer’s claim for reimbursement of the purchase price. Similarly, the Seller is entitled to unilaterally offset the claim for contractual penalty pursuant to Article 5.3 of the Terms and Conditions against the Buyer’s claim for reimbursement of the purchase price.
Sample withdrawal form (fill in this form and send it back only if you want to withdraw from the contract)
Notice of withdrawal
Addressee: LaMajja PRO s.r.o., U Mlýna 165, Libochovice – Poplze VAT: 10960937 registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 47292, maintained by the Regional Court in Ústí nad Labem
I hereby give notice that I withdraw from the contract for the purchase of these goods: Order number: Date of order: Date of receipt of goods:
Name and surname: Address: Signature: Date:
In case of withdrawal from the contract, please contact our office at U Mlýna 165, Poplze – Libochovice or firstname.lastname@example.org
6. TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of the goods is determined by the seller, unless otherwise specified in the purchase contract. If the method of delivery is agreed upon at the request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. If the Buyer fails to take delivery of the goods, the Seller is entitled to demand a storage fee of 150 CZK (in words: One and fifty Czech crowns) and is further entitled to withdraw from the purchase contract.
6.3. If for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods has met all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account.
6.5. Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
PAYMENT AND SHIPPING
Orders are shipped as soon as possible and to the best of our ability after payment is received. We try to ship 2x per week.
You will be informed about the dispatch of the goods by email.
You can choose to pay by card or bank transfer.
We accept payments in Czech crowns and euros (both when paying by bank transfer and by credit card) – you can set the currency in which you want to pay in the basket.
Shipping in the Czech Republic Personal collection in Roudnice nad Labem – free of charge Consignment (courier to home) 120 CZK Consignment (collection point) 80 CZK
Shipping to Slovakia Shipping (courier to home) 150 CZK / 6 EUR Shipping (collection point) 100 CZK / 4 EUR
Shipping to EU Shipping (courier to home) 190 CZK / 8 EUR
Shipping to UK Consignment (courier to home) 220 CZK / 9 EUR
Shipping to Turkey Shipping (courier to your home) 750 CZK / 30 EUR
Shipping to USA Shipping (courier to your home) 580 CZK / 23 EUR
Shipping to Canada Shipping (courier to your home) 1200 CZK / 50 EUR
Shipping to Mexico Shipping (courier to your home) 1600 CZK / 65 EUR
7. LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the contracting parties with regard to the seller’s liability for defects, including the seller’s warranty liability, are governed by the relevant generally binding regulations (in particular the provisions of § 612 et seq. of the Civil Code).
7.2. The Seller shall be liable to the Buyer for the fact that the sold item is in conformity with the Purchase Agreement, in particular that it is free from defects. Conformity with the contract of sale means that the sold item has the quality and performance required by the contract, described by the seller, the manufacturer or his representative or expected on the basis of their advertising, or the quality and performance usual for the item, that it conforms to the requirements of legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.
7.3. In the event that the item is not in conformity with the Purchase Contract upon acceptance by the Buyer (hereinafter referred to as “non-conformity with the Purchase Contract”), the Buyer shall have the right to have the Seller restore the item to the condition corresponding to the Purchase Contract 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 Buyer may demand a reasonable discount from the price of the item or withdraw from the Contract. This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract. A conflict with the contract of sale which becomes apparent within six (6) months of the date of acceptance of the goods shall be deemed to have existed at the time of acceptance, unless this is contradicted by the nature of the goods or the contrary is proven.
7.4. Unless the goods are perishable or used, the seller is liable for defects that manifest themselves as a breach of the purchase contract after the acceptance of the goods within the warranty period (warranty).
7.5. The Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, shall be exercised by the Buyer at the Seller’s place of business.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to take any action that could allow him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.
8.3. When using the web interface of the Shop, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the Shop. The web interface of the Shop may only be used to the extent that it is not detrimental to the rights of other customers of the Seller and that is consistent with its intended use.
8.4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 53a (1) of the Civil Code.
8.5. The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from use of the Website contrary to its intended use.
9. DATA PROTECTION AND SENDING COMMERCIAL COMMUNICATIONS
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and company name (hereinafter collectively referred to as “personal data”).
9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of exercising the rights and obligations under the Purchase Agreement and for the purpose of sending information and commercial communications to the Seller.
9.4. The Buyer acknowledges that he/she is obliged to provide his/her personal data (when registering, 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 of any change in his/her personal data.
9.5. The Seller may delegate the processing of the Buyer’s personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer’s prior consent.
9.6. Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form by automated means or in paper form by non-automated means.
9.7. The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data. The Buyer declares that he/she has been advised that he/she may withdraw consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller’s address.
9.8. Should the Buyer believe that the Seller or the Processor (Article 9.5) carries out processing of his personal data that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may:
- ask the seller or processor for an explanation,
- require the seller or processor to remedy the situation.
In particular, this may involve blocking, correcting, supplementing or destroying personal data. If the Buyer’s request pursuant to the preceding sentence is found to be justified, the Seller or Processor shall immediately remedy the defective condition. If the seller or processor does not comply with the request, the buyer has the right to contact the Data Protection Authority directly. This provision is without prejudice to the right of the buyer to address his complaint directly to the Data Protection Authority.
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
9.10. 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.
10.1. Unless otherwise agreed, all correspondence related to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender’s choice). The Buyer shall be delivered to the e-mail address specified in his/her user account.
10.2. The report is delivered:
- in the case of delivery by electronic mail, the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
- in the case of delivery in person or through a postal service operator, by acceptance of the parcel by the addressee,
- in the case of delivery in person or through a postal service operator, also by refusing to accept the consignment if the addressee (or a person authorised to accept the consignment on his/her behalf) refuses to accept the consignment,
- in the case of delivery through a postal service operator, the expiration of the period of ten (10) days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not been informed of the deposit.
11.1. The organizer will provide the participant with all equipment necessary to complete the theoretical and practical part of the course.
11.2. The binding registration for the course is deemed to be the sending of the Binding Application for the course (hereinafter referred to as the “Application”) to the course organizer via the web form located in the course details section on the www.lamajja.com or www.lamajja.cz website and the timely and proper payment of the reservation fee to the organizer’s account specified in the payment instructions or by sending payment via the payment portal. The fulfillment of these conditions creates a contract between the two participants for the provision of services (course) within the meaning of Section 1746(2) of Act No. 89/2012 Coll., Civil Code.
11.3. The organizer will confirm the receipt of the application form to the participant and in case of choosing “payment on invoice” will send payment instructions for the payment of the reservation fee. The participant undertakes to pay the booking fee within 5 days of receipt of the payment instructions. Payment of the booking fee is deemed to be made when the relevant amount is credited to the Organiser’s agreed account. If the booking fee is credited to the organiser’s account later than within the agreed 5 days, the entry is only considered binding if the organiser explicitly confirms this in writing to the participant (e.g. by e-mail).
11.4. The organizer guarantees the participant a place on the course upon receipt of the application form and payment of the reservation fee to the participant’s bank account.
11.5. The booking fee can be paid either in Czech crowns or in euros.
11.6. In the event of cancellation of participation in the course on a given date by the participant, the participant is not entitled to a refund of the reservation fee.
11.7. In case of cancellation of the course by the organizer, the organizer will send the full amount of the reservation fee back to the participant to the account from which the payment was sent.
11.8. The participant agrees to pay the difference between the price of the course and the booking fee in cash on the day and place of the course before the start of the course. The balance will be paid in the same currency as the booking fee. If the balance is not paid in accordance with this clause before the start of the course, the organiser shall be entitled not to allow the participant to attend the course and shall be entitled to a cancellation fee of 100% of the booking fee.
11.9. In the event that the participant’s participation in the course is terminated at a time when the course is already in progress, the participant is not entitled to compensation.
11.10. The Participant accepts the Organiser’s offer in its entirety.
REQUIREMENT ON THE CONSUMER’S RIGHT TO WITHDRAW FROM CONTRACTS CONCLUDED BY DISTANCE (BY GOVERNMENTAL ORDER No. 363/2013 SB.)
- The right to withdraw from the Contract for the provision of services (course) concluded with the company LaMajja PRO s.r.o., U Mlýna 165, Libochovice – Poplze VAT: 14016362 (hereinafter referred to as the “CONTRACT”)
- You have the right to withdraw from the AGREEMENT without giving any reason within 14 days of its conclusion.
- In order to exercise your right to withdraw from the CONTRACT, you must inform LaMajja PRO s.r.o., U Mlýna 165, Libochovice – Poplze, VAT: 10960937, of your withdrawal from the CONTRACT by e-mail: email@example.com, in the form of a unilateral legal action (for example, by a letter sent via the postal service provider or by e-mail).
- In order to meet the deadline for withdrawal from the CONTRACT, it is sufficient to send the withdrawal from the CONTRACT before the expiry of the relevant deadline.
- Consequences of withdrawal from the contract
- If you withdraw from the CONTRACT, we will refund all payments received from you without undue delay, but no later than 14 days from the date we receive your notice of withdrawal from the CONTRACT. If you have given us your consent that the service may be provided during the 14 day period set for cancellation of the CONTRACT, your right to cancel the CONTRACT will cease.
- For refunds, we will use the same payment method you used.
In case of any questions, please do not hesitate to contact us by e-mail: firstname.lastname@example.org
12. FINAL PROVISIONS
12.1. If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
12.2. The Seller is entitled to sell goods on the basis of a trade licence and the Seller’s activity is not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade authority.
12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the contract of sale or the terms and conditions shall be in writing.
12.4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.5. Seller’s contact details: delivery address LaMajja PRO s.r.o., U Mlýna 165, Poplze – Libochovice 411 17, email@example.com, phone +420 792 772 950