General Terms and Conditions

GENERAL BUSINESS TERMS AND CONDITIONS FOR THE LAVDIN E-SHOP

These general terms and conditions ("Terms") regulate the rights and obligations of you, as buyers, and us as sellers within the framework of contractual relations concluded through the E-shop on the website www.Lavdin.com

All information about the processing of your personal data is contained in the Principles of personal data processing, which can be found here http://lavdin.com/pages/v-obecn-obchodn-podmienky

As you probably know, we primarily communicate remotely. Therefore, it also applies to our Agreement that means of remote communication are used, which allow us to come to an agreement without the physical presence of us and you.

If any part of the Terms and Conditions contradicts what we agreed upon together in the process of your purchase on Our E-shop, this specific agreement will take precedence over the Terms and Conditions.

  1. SOME DEFINITIONS
    • The price is the financial amount you will pay for the Goods;
    • The shipping price is the financial amount that you will pay for the delivery of the Goods, including the price for its packaging;
    • The total price is the sum of the Price and the Shipping Price;
    • VAT is a value added tax according to the applicable legal regulations;
    • E-shop is an online store operated by Us at the address www.Lavdin, where the purchase of Goods will take place;
    • An invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
    • We are the company Lavdin, with registered office Banská Belá 334, e-mail support@lavdin.com, referred to by law as the seller;
    • The order is your irrevocable proposal to conclude a contract for the purchase of goods with us;
    • The contract is a purchase contract agreed on the basis of a properly completed Order sent through the E-shop, and is concluded when you receive confirmation of the Order from Us;
    • A user account is an account established on the basis of data provided by you, which enables the storage of entered data and the preservation of the history of ordered Goods and concluded Contracts;
    • You are a person shopping at Our E-shop, referred to by law as a buyer;
    • The product is everything you can buy in the E-shop.
  2. GENERAL PROVISIONS AND INSTRUCTIONS
    • The purchase of goods is possible only through the web interface of the E-shop.
    • When purchasing Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct and true.
  3. CLOSING OF THE CONTRACT
    • The contract with Us can only be concluded in the Slovak language.
    • The contract is concluded remotely via the E-shop, while the costs for the use of remote communication means are paid by you. However, these costs do not differ in any way from the basic rate that you pay for the use of these resources (that is, especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to the fact that we use the means of remote communication.
    • In order for us to conclude the Agreement, it is necessary that you create a draft Order on the E-shop. This proposal must include the following information:
      1. Information about the purchased Goods (in the E-shop, you mark the Goods you are interested in purchasing with the "Add to basket" button);
      2. Information on Price, Price for shipping, method of payment Total prices and required method of delivery of the Goods; this information will be entered as part of the creation of the draft of the Order within the user environment of the E-shop, while the information on the Price, Shipping Price and Total Price will be entered automatically based on your choice of the Goods and the method of their delivery;
      3. Your identification data used to enable us to deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address;
      4. In the case of a Contract based on which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.
    • During the creation of the draft of the Order, he can change and check the data until the time of its creation. After performing the check by pressing the "Order binding to payment" button, you will create the Order. However, before pressing the button, you must confirm your familiarity with and agreement with these Terms and Conditions, otherwise it will not be possible to create an Order. The check box is used for confirmation and consent. After pressing the "Order obliging payment" button, all the filled-in information will be sent directly to Us.
    • We will confirm your Order as soon as possible after it is delivered to Us with a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Contract between Us and You is concluded. The terms and conditions in the wording effective on the date of the Order form an integral part of the Agreement.
    • There may also be cases when we will not be able to confirm your Order. This is especially the case when the Goods are not available or when you order a larger number of Goods than is allowed by us. However, we will always provide you with information on the maximum number of Products in advance within the E-shop, and it should therefore not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In this case, the contract is concluded the moment you confirm Our offer.
    • In the event that an obviously incorrect Price is stated in the E-shop or in the draft Order, we are not obliged to deliver the Goods to you at this Price, even if you have received confirmation of the Order, and thus the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In this case, the new Contract is concluded the moment you confirm Our offer. If you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or missing.
    • In the event that the Contract is concluded, you are obligated to pay the total price.
    • If you have a User Account, you can place an Order through it. Even in that case, you have the obligation to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
    • In some cases, we allow you to use a discount for the purchase of Goods. In order to provide a discount, it is necessary that you fill in the information about this discount in the pre-determined field as part of the draft Order. If you do so, the Goods will be provided to you at a discount.
  4. USER ACCOUNT
    • Based on your registration in the E-shop, you can access your User account.
    • When registering a User Account, it is your duty to enter all the entered data correctly and truthfully and to update it in the event of a change.
    • Access to the User Account is secured by a username and password. With regard to these accesses, it is your duty to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we bear no responsibility.
    • The user account is personal and you are therefore not authorized to enable its use by third parties.
    • We may cancel your User Account, especially if you do not use it for more than 3 months, or if you violate your obligations under the Agreement.
    • The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
  5. PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
    • The price is always stated within the E-shop, in the draft Order and of course in the Contract. In the event of a discrepancy between the Price specified for the Goods within the E-shop and the Price specified in the draft Order, the Price specified in the draft Order shall apply, which will always be identical to the price in the Contract. As part of the draft Order, the Price for shipping, or the conditions when shipping is free, is also indicated.
    • The total price is stated including VAT, including all fees established by law.
    • We will require you to pay the Total Price after concluding the Contract and before handing over the Goods. You can pay the total prices in the following ways:
      1. Bank transfer. We will send you payment information as part of the Order confirmation. In the case of payment by bank transfer, the total price is payable by the next day.
      2. By card online. In such a case, the payment is made through the Stripe payment gateway, and the payment is governed by the terms of this payment gateway, which are available at: https://support.stripe.com/topics/payments . In the case of payment by card online, the total price is payable by the next day.
    • The invoice will be issued in electronic form after payment of the Total price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
    • Ownership of the Goods passes to you only after you pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the total price is paid by crediting to Our account, in other cases it is paid at the time of payment.
  6. DELIVERY OF GOODS, TRANSITION DANGER OF DAMAGE TO THINGS
    • The goods will be delivered to you via transport companies
    • The goods can be delivered to all countries of the European Union and the United States of America
    • The time of delivery of the Goods always depends on its availability and on the chosen method of delivery and payment. The expected delivery time of the Goods will be notified to you in the Order confirmation. The time indicated on the E-shop is only indicative and may differ from the actual delivery time.
    • After receiving the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us immediately of this fact. In the event that there is a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your obligation to take over the Goods from the carrier.
    • In the event that you breach your obligation to take over the Goods, with the exception of cases under Art. 6.4 Conditions, it does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the Agreement due to your substantial breach of the Agreement. If we decide to use this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the right to payment of the Transport Price, or the right to compensation for damage, if it has arisen.
    • If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than was agreed upon in the Contract, it is your obligation to reimburse Us for the costs associated with this repeated delivery. We will send the payment details for the payment of these costs to your e-mail address specified in the Agreement and they are due 14 days after the e-mail is delivered.
    • Dangerous damages to the Goods pass to you the moment you take them over. In the event that you do not accept the Goods, with the exception of cases according to Art. 6.4 Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part, you did not take them over. The passing of the risk of damage to the Goods means that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
    • In the event that the Product was not listed as in stock in the E-shop and an approximate time of availability was indicated, we will always inform you in the event of:
      1. an extraordinary failure of the production of the Goods, while we will always notify you of the new expected time of availability or information that it will not be possible to deliver the Goods;
      2. delay in the delivery of the Goods from our supplier, while we will always inform you of the new expected delivery time.
    • In the event that we are not able to deliver the Goods to you even within 30 days from the expiry of the delivery time of the Goods specified in the Order confirmation, for any reason, we and you are entitled to withdraw from the Contract.
  7. RIGHTS FROM DEFECTIVE PERFORMANCE
    • We guarantee that at the time of passing the risk of damage to the Goods according to Art. 6.7 The condition is that the Goods are free of defects, especially if:
      1. it has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
      2. it is suitable for the purposes that we have indicated or for the purposes that are customary for Goods of this type;
      3. corresponds to the quality or performance of the agreed sample, if the quality or performance was determined according to the sample;
      4. it is in the corresponding quantity and weight;
      5. meets the requirements imposed on him by legal regulations;
      6. it is not encumbered by the rights of third parties.
      7. We are not responsible for any other damages that could arise with the use of our goods.
    • In the event that the Product has a defect, that is, especially if one of the conditions according to Art. identification data. For a complaint, you can also use the sample form provided by us, which forms attachment no. 1 Conditions. In exercising the right from defective performance, it is necessary to choose how you want to solve the defect, while you cannot make this choice subsequently, with the exception of cases according to Art. 7.3, change without our consent. We will deal with the claim in accordance with the right you have applied due to faulty performance. In the event that you do not choose a solution to the defect, you have the rights listed in Art. 7.4 also in situations where faulty performance was a substantial breach of the Agreement.
    • If faulty performance is a material breach of the Agreement, you have the following rights:
      1. to remove the defect by delivering new Goods without defects, or by delivering a missing part of the Goods;
      2. to eliminate the defect by repairing the Goods;
      3. for a reasonable discount from the Price;
      4. to withdraw from the Agreement.

In the event that it is terminated in this way according to points a) or b) and We do not remove the defect in this way sufficient that we stated, or we notify you that we will not remove the defect at all, you have the rights according to points c) and d), even if it is appropriate they did not originally ask for in the advertisement. At the same time, if you want to remove defects, repair the Goods and We have found that the defect is irreparable, we will notify you and you can choose another method of removing the defect.

  • If faulty performance is a minor breach of the Agreement, you have the following rights:
    1. to remove the defect by delivering new Goods without defects, or by delivering a missing part of the Goods;
    2. to eliminate the defect by repairing the Goods;
    3. for a reasonable discount from the Price.

However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw in the event that you cannot use the Product properly due to repeated occurrence of defects after the Product has been repaired or in case of a larger number of Product defects.

  • In the event of a material or non-material breach, you cannot withdraw from the Agreement or demand the delivery of a new item, unless you can return the Goods in the condition in which you received them. However, this does not apply in the following cases:
    1. if there was a change in the condition of the Goods as a result of the inspection for the purpose of detecting a defect;
    2. if the Goods were used before the defect was discovered;
    3. if the impossibility of returning the Goods in an unchanged condition was not caused by your actions or your omission,
    4. if the Goods were sold, consumed or modified during normal use on your part before the discovery of the defect; however, if this happened only partially, it is your responsibility to return that part of the Goods, in which case the part of the Prices corresponding to your benefit from the use of the part of the Goods will not be returned to you.
  • Within three days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it and the expected duration of processing the complaint. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by our mutual agreement. If the deadline expires in vain, you can withdraw from the Agreement.
  • We will inform you by e-mail about the handling of the complaint. If the claim is justified, you are entitled to compensation for the purposefully incurred costs. You are obliged to prove these costs, e.g. receipts or confirmations of the price for transport. In the event that the defect has been removed by delivery of new Goods, it is your obligation to return the original Goods to Us, but the costs of this return shall be covered by Us.
  • The exercise of rights from defective performance and action claims is governed by §1810 et seq., §1820 et seq. and § 2099 et seq. of the Civil Code and the Consumer Protection Act.
  • If you are an entrepreneur, it is your duty to notify and point out the defect without undue delay after you have discovered it, but no later than three days after receiving the Goods.
  • If you are a consumer, you have the right to exercise rights from faulty performance in the event of a defect occurring in the Consumer Goods within 24 months of receiving the Goods.
  • The provisions regarding the right of errors do not apply in the case of:
    1. Goods that are sold at a lower price due to a defect for which a lower price was agreed upon;
    2. wear and tear of the Goods caused by their usual use;
    3. used Goods for a defect corresponding to the degree of use or wear and tear the Goods had when you took them over;
    4. when it follows from the nature of the Goods.
  1. WITHDRAWAL FROM CONTRACT
    • Withdrawal from the Agreement, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is explicitly stated.
    • If you are a consumer, i.e. a person buying Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods, in accordance with §1829 of the Civil Code. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last part of the Goods, and in the event that we have concluded a Contract on the basis of which we will deliver the Goods to you regularly and repeatedly, it starts running on the day of delivery of the first delivery. You can withdraw from the Agreement in any demonstrable way (in particular by sending an e-mail or a letter to Our addresses listed under Our identification data). For withdrawal, you can also use the sample form provided by Us, which forms attachment no. 2 Conditions.
    • Even as a consumer, however, you cannot withdraw from the Agreement in cases where the subject of the Agreement is:
      1. Goods, the price of which depends on fluctuations in the financial market, independently of Our will, and these may occur during the withdrawal period from the Contract;
      2. the delivery of alcoholic beverages, which can only be delivered after thirty days, and their price depends on fluctuations in the financial market independent of Our will;
      3. Goods that have been modified according to your wishes or for you;
      4. Goods that are subject to rapid deterioration and Goods that have been irretrievably mixed with another after delivery;
      5. Goods in closed packaging that have been removed from the packaging and cannot be returned for hygienic reasons;
      6. delivery of an audio or video recording or a computer program if the original packaging has been damaged;
      7. delivery of newspapers, periodicals or magazines;
      8. delivery of digital content, unless it was delivered on a physical medium and was delivered with your prior express consent before the expiry of the withdrawal period and We have informed you that you do not have the right to withdraw from the Contract.
    • Deadline for withdrawal according to Art. 8.2 The condition is considered to be preserved if you send Us a notice that you are withdrawing from the Agreement during it.
    • In case of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded until you return the Goods to Us or until you prove that they have been sent back to Us. Please return the goods to us clean, preferably including the original packaging.
    • In case of withdrawal from the Agreement according to Art. 8.2 Conditions You are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the goods to Us. On the other hand, you are entitled to have us refund you the price for transport, but only in the amount corresponding to the cheapest offered method of delivery of the Goods, which we offered for the delivery of the Goods. In the event of withdrawal due to the fact that We violate the concluded Agreement, we also cover the costs associated with returning the goods to Us, but again only up to the amount of the price for transport in the amount corresponding to the cheapest offered method of delivery of the Goods, which we offered at the time of delivery of the Goods.
    • You are liable to Us for damages in cases where the Goods are damaged as a result of your handling them in a manner other than what is necessary with regard to their nature and properties. In such a case, we will invoice you for the damage caused after the goods have been returned to us and the due date of the invoiced amount is 14 days. In the event that we have not yet returned the Prize to you, we are entitled to set off the claim for costs against your claim for the return of the Prize.
    • We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Art. . 6.9. Conditions. We may also withdraw from the Agreement if it is apparent that you have intentionally provided incorrect information in the Order. In the event that you purchase goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without giving a reason.
  2. RESOLUTION OF DISPUTES WITH CONSUMERS
    • If you are a consumer, according to the Consumer Protection Act, you have the right to an out-of-court settlement of a consumer dispute arising from the Agreement. In this case, you are entitled to contact the Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánska 15, 120 00 Prague 2, e-mail: adr@coi.cz, web: adr.coi.cz. The out-of-court resolution of a consumer dispute begins exclusively at your suggestion, in the event that the dispute could not be resolved directly with Us. The proposal can be submitted no later than 1 year from the day you exercised your right, which is the subject of the dispute, with Us for the first time.
    • You also have the right to initiate out-of-court dispute resolution online through the ODR platform available on the website ec.europa.eu/consumers/odr/.
  3. FINAL PROVISIONS
    • If Our and Your legal relationship contains an international element (ie, for example, we will send goods outside the territory of the Slovak Republic), the relationship will always be governed by the law of the Slovak Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.
    • We will deliver all written correspondence with you by electronic mail. Our email address is listed under Our Identification Data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you contacted us
    • The contract can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms and Conditions, but this change will not affect already concluded contracts, but only contracts that will be concluded after the effective date of this change. However, we will inform you about the change only if you have created a User Account (so that you have this information in the event that you order new Goods, but the change does not establish the right of termination, because we do not have a concluded Contract that could be terminated), or you based on the Contract, we are to deliver the Goods regularly and repeatedly. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive from you within 14 days of sending the information about the change the termination of the concluded Contract for regular and repeated deliveries of the Goods, the new conditions will become part of our Contract and will be applied to the next delivery of the Goods following the effective date of the change. The notice period if you give notice is 2 months.
    • In the case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, we and you have the right to withdraw from the Agreement.
    • The Annex to the Terms and Conditions contains a sample form for a complaint and a sample form for withdrawing from the Contract.
    • The contract, including the Terms and Conditions, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by e-mail, and you will therefore always have access to the Agreement even without Our cooperation. We recommend always saving the confirmation of the Order and the Terms and Conditions.
    • Our activity is not subject to any codes of conduct according to § 1826 par. 1 letter g) of the Civil Code.
    • These Terms and Conditions enter into force on 11/12/2022

 

APPENDIX NO. 1 - COMPLAINT FORM

Addressee: Peter Ďurdák

Kostolna 334

Banská Belá, 96615

Claim application

Date of conclusion of the Agreement:

Name and surname:

Address:

E-mail adress:

Goods that are claimed:

Description of defects Product:

Suggested method for processing a claim, or providing a bank account number to provide a discount:

At the same time, I request the issuance of a confirmation of the application of the claim indicating when I applied this right, what is the content of the claim together with my claim, including the date and method of handling the claim.

A date:

Signature:

APPENDIX NO. 2 - CONTRACT WITHDRAWAL FORM

Addressee: Peter Ďurdák

Kostolna 334

Banská Belá, 96615

I hereby declare that I withdraw from the Agreement:

Date of conclusion of the Agreement:

Name and surname:

Address:

E-mail adress:

Specification of the Goods covered by the Contract:

Reason for withdrawal:

Method for returning the funds received, or specifying the bank account number:

A date:

Signature: