1. INITIAL PROVISIONS
1.1. These Terms and Conditions of Sale (hereinafter referred to as “Terms and Conditions”) apply for purchasing goods via the online store at www.petitlulu.eu.
The online store operator (hereinafter referred to as “Seller”)
Petit Lulu s. r. o.
466 05 Jablonec nad Nisou
Reg. No.: 03659054
VAT ID No. : CZ03659054
The company is a VAT payer.
Incorporated in the Commercial Register administered by the Regional Court in Ústí nad Labem under ref. no. C35058.
The Terms and Conditions stipulate mutual rights and obligations of contracting parties that accrue in relation to or in compliance with the Purchase Contract (hereinafter referred to as “Purchase Contract”) concluded between the Seller and another natural or legal person (hereinafter referred to as “Buyer”) via the Seller’s online store. The online store is operated by the Seller at the website www.petitlulu.eu (hereinafter referred to as “Website”), via website interface (hereinafter referred to as the “Website Interface”). All contracting relations are concluded in accordance with the legal code of the Czech Republic.
1.2. The Terms and Conditions define and specify rights and obligations of the contracting parties when using the Seller’s Website. These Terms and Conditions do not apply to cases when the person, who intends to buy goods from the Seller, acts in the context of his/her business activity.
1.3. Provisions different from the Terms and Conditions can be agreed in the Purchase Contract. Any such contractual arrangements have priority over the provisions in the Terms and Conditions.
1.4. Provisions of the Terms and Conditions form an integral part of the Purchase Contract. Both the Purchase Contract and the Terms and Conditions are in English language.
1.5. The Terms and Conditions may be amended or supplemented by the Seller. However, the concluded Purchase Contract is always subjected to the Terms and Conditions as in force at the time.
2. USER ACCOUNT
2.1. Once the Buyer registres at the Seller’s Website, the Buyer may access the user interface. From the user interface, the Buyer may order goods (hereinafter referred to as “User Account”). If the Seller’s Website Interface allows so, the Buyer may order goods even without registration, directly from the store Website Interface.
2.2. When registering at the Website and when ordering goods, the Buyer is obliged to provide true and accurate data. The Buyer is also obliged to update the data provided in the User Account upon any alteration. The data provided by the Buyer are considered by the Seller to be correct.
2.3. Access to the User Account is secured by username and password. The Buyer is obliged to keep confidentiality regarding the access information to his/her User Account. The Seller is not responsible for any infringement of this obligation by the Buyer.
2.4. The Buyer is not authorized to allow third persons to use his/her User Account.
2.5. The Seller may cancel the Buyer’s User Account, particularly in case when the Buyer has not been using the User Account for more than 3 years; or if the Buyer violates the Buyer’s obligations based on the Purchase Contract (including these Terms and Conditions).
2.6. The Buyer notes that the User Account may not be available continuously, particularly in case of necessary maintenance of the Seller’s hardware and software equipment; or necessary maintenance of third parties’ hardware and software equipment.
3. CONCLUSION OF PURCHASE CONTRACT
3.1. The Seller’s Website Interface displays all goods offered by the Seller, stating characteristics of the goods, including price of each item. The prices are including Value Added Tax (VAT) and all related fees. The prices of goods remain valid for the time when they are displayed at the Seller’s Website Interface. This provision does not prohibit the Seller from concluding a Purchase Contract under individually negotiated conditions. All purchase offers (displayed items) at the Seller’s Website Interface are not legally binding and the Seller is not obliged to conclude a Purchase Contract for any displayed goods.
3.2. The Seller’s Website Interface provides information about cost of packing and shipping.
3.3. In order to order goods, the Buyer must fill in an Order Form on the Seller’s Website Interface. The Order Form considers mainly the following points :
- Information about the goods (item put into the electronic shopping cart by the Buyer on the Seller’s Website Interface) and its price;
- Method of payment, information about the required means of delivery of the ordered goods;
- Information about the delivery cost;
- A link to the Terms and Conditions as in force at the time of the order;
- Information about the possibility to withdraw from the contract;
- (as a whole hereinafter referred to as “Order”)
3.4. Before placing the Order, the Buyer can check and amend the provided data. The Buyer must read and agree with the Seller’s Terms and Conditions. The Order is placed by clicking on “Place Order” button. The data provided by the Buyer are considered correct by the Seller. Immediately upon placing the Order, the Seller confirms its receipt by email to the email address indicated in the User Account or in the Order (hereinafter referred to as the “Buyer’s email address”). The Seller will attach to each Order Confirmation an up-to-date version of these Terms and Conditions, together with a note about the possibility of an out-of-court resolution of consumer disputes.
3.5. Considering the character of the Order (number of pieces, purchase price, expected shipping cost) the Seller is always entitled to ask the Buyer for a confirmation of the respective Order (e.g. in written or by phone).
3.6. The contractual relationship between the Seller and the Buyer is evidenced by receipt of the Order Confirmation, which the Seller sends to the Buyer’s email address by electronic mail.
3.7. The Buyer notes that the Seller is not obliged to conclude Purchase Contract, in particular with persons who had already infringed the Purchase Contract (incl. the Terms and Conditions).
3.8. By clicking on “Confirm Order” button, the Buyer agrees to conclude the Purchase Contract by means of distance communication. The expenses incurred in the use of distance communication in order to conclude the Purchase Contract (internet connection, phone costs, etc.) are covered by the Buyer.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. Price of goods and any costs related to the delivery of goods can be paid by the Buyer to the Seller in the following way:
- By bank transfer to the Seller’s account
Bank details for payments in EUR : 232030839
IBAN: DE14 8505 0100 0232 0308 39
BIC kód/SWIFT: WELADED1GRL,
4.2. Together with the purchase price of the goods, the Buyer is obliged to pay to the Seller also the costs incurred in packing and delivery of the goods. Unless otherwise specified, the Purchase Price will hereinafter mean also the costs incurred in delivery of the goods.
4.3. In case of bank transfer, the purchase price is payable within 14 days from conclusion of Purchase Contract. If the Purchase Price is not settled within this period, the Purchase Contract expires.
4.4. For bank transfer, the Buyer is obliged to indicate the order number (Variable Symbol) when making the payment. The Buyer’s commitment is fulfilled once the relevant amount has been credited to the Seller’s account.
4.5. The seller is entitled to require settlement of full Purchase Price before the goods is dispatched, in particular in case when the Buyer does not additionally confirm the order (Article 3.5).
4.6. Discounts, if any, on the Purchase Price of the goods provided by the Seller to the Buyer cannot be combined with any other offer or discount.
4.7. Each payment that is made upon Order Confirmation is followed by an Invoice, which the Seller sends to the Buyer’s email address by electronic mail.
4.8. The cost of shipping and packing is defined in the table here below and is flat (i.e. does not change with order volume) :
|Price of Shipping&Packing (incl. VAT)|
|Austria, Poland, Hungary,||15€|
|France, Romania, Denmark, Italy, UK, Belgium, Luxe, Netherlands||26€|
|Croatia, Litva, Estonia, Latvia, Slovenia, Ireland, Bulgaria, Finland, Portugal, Spain, Sweden + countries outside the EU* (e.g. Switzerland, Norway, Serbia)||35€|
|* Customs Declaration Fee – € 15,5/pc|
4.9. A 5% discount applies to Orders that exceed 273,- EUR incl. VAT (does not apply to Value Packs & Kits). The goods are shipped by the following transporting companies: DHL (PPL) and DPD.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. In accordance with the provisions of Section 1829(1) of the Civil Code of the Czech Republic, the Buyer is entitled to withdraw from the Purchase Contract within fourteen (14) days :
a) From reception of the goods in case of a one-off performance contract;
b) From reception of the final delivery in case of a contract with performance in multiple deliveries;
c) From reception of the first delivery in case of a contract for regular, repeated deliveries.
The withdrawal from the Purchase Contract shall be demonstrably delivered (with filled Withdrawal Form) to the Seller within fourteen days (14) from reception of the goods to the Seller’s company address : Petit Lulu s.r.o., Ladova 199/20, 466 05 Jablonec nad Nisou, Czech Republic. Or to the Seller’s email address: email@example.com In the Order Confirmation, the Seller informs the Buyer of his/her right to withdraw from the Purchase Contract as well as of his/her obligation to bear the cost of shipping of the goods to the Buyer.
5.2. The Buyer notes that in accordance with the provisions of Section 1837 of Act No. 89/2012 Coll. as amended (hereinafter referred to as “Civil Code”) it is not possible, inter alia, to withdraw from the Purchase Contract if the delivered goods were custom made, of perishable nature, or if the goods get worn out quickly.
5.3. Should the Buyer withdraw from the Purchase Contract under Article 5.2 of the Terms and Conditions the Purchase Contract is avoided. The Buyer is obliged to send the goods to the Seller’s company address within 14 working days from the day when the withdrawal from Purchase Contract was sent to the Seller. The goods must be returned complete, unwashed, undamaged and, if possible, in original packing. The Buyer bears the cost of returning the goods.
5.4. The Buyer is liable for any diminished value of the goods resulting from handling the goods in any way other than what is common regarding its nature and characteristics.
5.5. Should the Buyer withdraw from the Purchase Contract under Article 5.1 of the Terms and Conditions, the Seller reimburses the Buyer for the full Purchase Price of the goods and shipping cost corresponding to the cheapest way, at the latest in a period of 14 days from the withdrawal from the Purchase Contract. The reimbursement may be done by non-cash means by bank transfer or in cash in case of returning the goods in person.
5.6. The Buyer notes that if the returned goods should be damaged or partially consumed, the Seller is entitled to compensation of the suffered loss.
5.7. Should the Buyer wish to exchange the goods (different size, colour, etc.) he/she is entitled to send the goods back to the Seller at his/her own expense together with the Invoice where the replacement goods are clearly marked/stated, on the company address: Petit Lulu s. r. o., Ladova 199/20, 466 05 Jablonec nad Nisou, Czech Republic. The Seller undertakes to exchange the goods if the prices of the original and replacement goods are the same, and to send forthwith the replacement goods to the Buyer once the Buyer settles the shipping cost (see Article 4.8). The Seller is not obliged to accept goods that are sent by the Buyer Cash on Delivery.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. Means of transport is determined by the Seller, unless otherwise specified in the Purchase Contract. Should the Buyer require different means of transport, the Buyer bears the risk and any related additional costs.
6.2. If the Seller is, in accordance with the Purchase Contract, obliged to deliver goods to the address specified in the Order by the Buyer, the Buyer is obliged to take the delivery. If the Buyer does not take the goods over, the Seller is entitled to require a storage fee of 4,- EUR (four euros) and is entitled to withdraw from the Purchase Contract.
6.3. If the goods are, for reasons for which the Buyer is responsible, to be delivered repeatedly or by means different from what is stated in the Order, the Buyer is obliged to settle the cost of repeated deliveries (cost of different means of transport).
6.4. Upon reception of the goods from the carrier, the Buyer shall check the integrity of packaging of the goods and if the Buyer finds the packaging defective, he/she must report this to the carrier forthwith. In case the consignment shows signs of unauthorized opening, the Buyer is not obliged to take the goods over. By signing the carrier’s delivery note, the Buyer confirms that the consignment was in compliance with the requirements and any further complaint will not be taken into consideration.
6.5. Other rights and obligations of the Parties during the transport of the goods, may be modified by the Seller’s Delivery Conditions.
7. LIABILITY FOR DEFECTS, GUARANTEE
7.1. Rights and Obligations of the contracting parties concerning the Seller’s liability for defects, including the guarantee, are governed by relevant general binding rules (in particular Article 2167 et seq. of the Civil Code).
7.2. The Seller is liable to the Buyer to deliver the item without defects. In particular, the Seller guarantees to the Buyer that at the time when the Buyer takes the item over,
a) the item has characteristics as agreed between the Parties, or characteristics which the Seller described or which the Buyer expected with regards to the nature of the goods;
b) the item is suitable for the purpose indicated by the Seller, or to which the item is commonly used;
c) the item corresponds to the quality and design of an agreed sample;
d) the item is in relevant quantity and of relevant weight; and
e) the item complies with the legislation requirements.
7.3. If the item, at a time of its takeover by the Buyer, is not in conformity with the Purchase Contract (hereinafter referred to as “lack of conformity”), the Seller is entitled to remedy the lack of conformity, as required by the Buyer who can choose between repair and replacement. If none of these options is possible, the Buyer may require an appropriate discount to the Purchase Price, or withdraw from the contract. This shall not apply if the Buyer, at the time the Contract was concluded, was aware, or could not reasonably be unaware of, the lack of conformity, or if the lack of conformity was caused by the Buyer. Should the damage occur within 6 months upon takeover of the goods by the Buyer, it is assumed that the item was defected already at the time of its takeover.
7.4. The Seller is liable to the Buyer for defects, that manifest lack of conformity upon takeover of the item within the warranty period (Warranty).
7.5. The Buyer cannot exercise his/her right to require remedy the lack of conformity if:
a) the item was sold at a lower cost for a defect because of which the lower cost was agreed;
b) the item shows evidence of wear caused by common use;
c) it arises from the nature of the item.
7.6. The Buyer shall exercise his rights arising from the Seller’s liability for defects, including the guarantee, by completing the Customer Complaint Form (online download here) and/or sending the item to the Seller’s address: Petit Lulu s. r. o., Ladova 199/20, 466 05 Jablonec nad Nisou, Czech Republic.
The complaints will exclusively be dealt with at firstname.lastname@example.org
8. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES
8.1. The Buyer acquires title to the goods by paying the Purchase Price.
8.2. The Buyer notes that the software and other components of the Website Interface (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to engage in any activity which could allow him/her or third parties an unauthorised use of the software or other components of the Website Interface.
8.3. The Buyer is not allowed, when using the Website Interface, to use any mechanism, program or other practices, that could have a negative impact on the operation of the Website Interface. The Website Interface shall only be used in the extent which is not to the detriment of rights of other Seller’s customers, and which is in conformity with its purpose.
8.4. In relation to the Buyer, the Seller is not bound by any codes of conduct in accordance with Article 1826 paragraph 1 (e) of the Civil Code.
8.5. The Buyer notes, that the Seller is not responsible for mistakes incurred by a third party’s interference with the Seller’s Website; or as a result of using the Seller’s Website in breach of its purpose.
9. PERSONAL DATA PROTECTION AND COMMERCIAL COMMUNICATIONS
9.1. Protection of personal data of a Buyer, who is a natural person, is provided by the Act No. 101/2000 Coll., on Personal Data Protection, as amended.
9.2. The Buyer agrees with processing of the following personal data : name and surname, address of residence, registration number, VAT identification number, email address, telephone number (as a whole hereinafter referred to as “Personal Data”).
9.3. The Buyer agrees with processing of his/her Personal Data by the Seller for the purposes of implementing the rights and obligations under the Purchase Contract, and for the purposes of sending information and commercial communications by the Seller.
9.4. The Buyer notes, that he/she is obliged to provide true and accurate Personal Data (when registering, on his/her User Account, when making an order at the Website Interface), and to update the data upon any alteration.
9.5. The Seller can delegate the processing of the Buyer’s Personal Data to a third party as to a Processor. The Seller will not provide the Personal Data to third parties without the Buyer’s prior consent.
9.6. The Personal Data will be processed for an indefinite period of time. The Personal Data will be processed in electronic form by automatic means, or in printed form by non-automatic means.
9.7. The Buyer confirms that the provided data are true and accurate and that he/she was informed, that the provision of Personal Data is voluntary. The Buyer declares, that he/she was informed that he/she is entitled to withdraw his/her consent at any time in writing, sent to the address of the Seller.
9.8. Should the Buyer find or presume that the Seller or Processor (Article 9.5) is carrying out processing of his/her Personal Data which is in contradiction with the protection of private and personal life of the Buyer or in contradiction with the law, in particular if the Personal Data are inaccurate regarding the purpose of their processing, he/she may:
a) ask the Seller or Processor for explanation;
b) require from the Seller or Processor to remedy the arisen state of affairs. It can mean in particular blocking, correction, supplementing or liquidation of Personal Data. If the Buyer’s requirement, pursuant to Article 9.8, is found justified, the Seller or Processor is obliged to remedy the arisen state of affairs without delay. If neither the Seller or Processor respond to the request favourably, the Buyer shall have the right of recourse to the Office for Personal Data Protection, to which the Buyer has also the right of recourse directly.
9.9. Should the Buyer request information on his/her Personal Data processing, the Seller or Processor shall be obliged to provide him/her with this information without undue delay. For provision of this information, the Seller is entitled to require a reasonable reimbursement not exceeding the costs necessary for the provision of such information.
9.10. The Buyer agrees to receive information related to the goods, services other activities of the Seller’s company, as well as the Commercial Communications to the Buyer’s email address.
10. SERVICE OF DOCUMENTS
10.1. Unless otherwise agreed, all documents related to the Purchase Contract shall be sent in writing, i.e. via electronic mail, in person or by registered letter (as chosen by the sender). The Buyer receives the documents on the email address provided in his/her User Account.
10.2. The document is served:
a) in case of email transmission, at the moment of its delivery to the recipient’s mailbox; the email integrity may be assured by a certificate;
b) in case of transmission in person or by registered letter, by takeover of the consignment by the consignee;
c) in case of transmission in person or by registered letter, also by refusing to take the consignment over by the consignee (or a person entitled to take the consignment over).
11. FINAL PROVISIONS
11.1. Should the relationship related to use of the Website, or legal relationship based on the Purchase Contract, involve an international (foreign) element, the parties jointly agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer rights arising from the general binding provisions.
11.2. The Seller is entitled to sale of goods on the basis of a Trade Licence, and the Seller’s activity is not subject to any other authorisation. The trade inspections are carried out by a relevant Trade Licensing Office.
11.3. Should any provision of the Terms and Conditions be null or of no effect, or becomes so, such null provision will be replaced by a provision, whose meaning is as close as possible to the null one. Any amendment has to be done in writing.
11.4. The disputes between the Buyer and the Seller can also be resolved in an out-of-court way. Should that be the case, the Buyer shall contact an out-of-court subject, e.g. the Czech Trade Inspection Authority (http://www.coi.cz/en/alternative-dispute-resolution-nr1880/).
11.5. The Purchase Contract, together with the Terms and Conditions, is archived by the Seller in an electronic form and is not accessible.
12.6. The Seller’s contact data:
Petit Lulu s. r. o.
466 05 Jablonec nad Nisou
Mobile: +420 702 154 400
Jablonec nad Nisou, 1st November 2016