Terms and Conditions

1. INTRODUCTORY PROVISIONS
The buyer is a consumer or entrepreneur.

A consumer is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a contract with LaMajja PRO s.r.o. or otherwise deals with it.

An entrepreneur is a person who independently carries out, on his own account and responsibility, a gainful activity by trade or similar means with the intention of doing so on a continuous basis for profit. For the purposes of consumer protection, an entrepreneur shall also include 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, Libochovice - Poplze IČO: 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 on the Internet atwww.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 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 to cases where a person who intends to purchase goods from the Seller is acting in the course of his business when ordering goods.

1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract.
Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may 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 all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a user name and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her 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, in particular if the Buyer does not use his/her user account for more than 1 year or if the Buyer breaches 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, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or 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 good. The prices of the offered goods are listed including all fees. The offer for sale of the goods and the prices of these goods 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 on the costs associated with the packaging and delivery of the goods. The Seller shall not be liable for the costs associated with customs clearance.

3.3 To order the goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:

• the goods ordered (the goods ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop),
• the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
• information on 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 entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made 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 is 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 confirmation of the order (e.g. in writing or by telephone).

3.6 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.

3.7 The Buyer acknowledges that the Seller is not obliged to enter into the Purchase Agreement, in particular 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 Contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer.

 
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1 The Buyer acknowledges that, pursuant to the provisions of Section 53(8) of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible to withdraw from, among other things, a purchase contract for the supply of goods modified according to the Buyer's wishes, as well as goods that are subject to rapid deterioration, wear and tear or obsolescence, if the consumer has damaged their original packaging, as well as from a purchase contract for the supply of audio and video recordings and computer programs.

4.2 Unless the case referred to in Article 4.1 or any other case in which the purchase contract cannot be withdrawn from, the Purchaser 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 info@lamajja.com.

4.3 In the event of withdrawal from the contract according to Article 5.2 of the Terms and Conditions, the purchase contract shall be 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.

4.4 Within ten (10) days of the return of the goods by the Buyer pursuant to Article 4.3 of the Terms and Conditions, the Seller shall be entitled to examine the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.

4.5 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 4.4 of the Terms and Conditions, in cashless form 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.

4.6 The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller is 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 4.3 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.

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 K Řípu 2653, Roudnice nad Labem, 413 01 - or info@lamajja.com

 

5. LIABILITY FOR DEFECTS, WARRANTY
5.1 The rights and obligations of the contracting parties regarding 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).

5.2 The Seller shall be liable to the Buyer for the fact that the sold item is in conformity with the Purchase Contract, in particular that it is free from defects. Conformity with the purchase contract means that the sold item has the quality and utility characteristics 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 utility characteristics 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.

5.3.In the event that the item is not in conformity with the Purchase Contract upon acceptance by the Buyer (hereinafter referred to as "Contradiction 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.

5.4 Unless the goods are perishable or second-hand, the Seller shall be liable for defects that manifest themselves as a breach of the purchase contract after the acceptance of the goods within the guarantee period (guarantee).

5.5 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.

6 . OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.

6.2 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 carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.

6.3 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 to the detriment of the rights of other customers of the Seller and that is consistent with its purpose.

6.4 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.

6.5 The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.

7. DATA PROTECTION AND SENDING COMMERCIAL COMMUNICATIONS

7.1 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.

7.2 The Buyer consents 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").

7.3 The Buyer consents to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of sending information and commercial communications to the Seller.

7.4.The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.

7.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.

7.6 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 printed form in a non-automated manner.

7.7 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.

7.8 In the event that the Buyer believes that the Seller or the Processor (Article 7.5) performs 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 is inaccurate with regard to the purpose of its processing, he may:

ask the seller or processor for an explanation,
require the seller or processor to remedy the situation.

In particular, this may include blocking, rectification, completion or destruction of the personal data. If the Buyer's request pursuant to the previous 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.

7.9 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.

7.10. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.

8. SUBMISSION
8.1 Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing, either by electronic mail, in person or by registered mail through a postal service provider (at the sender's option). The Buyer shall be delivered to the e-mail address indicated in his/her user account.

8.2 The message is delivered:

• in the case of delivery by electronic mail, at 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 by hand or through a postal service provider, by the recipient's acceptance of the item,
• in the case of delivery in person or through a postal service provider, also by refusal to accept the item if the addressee (or, where appropriate, the person authorised to accept the item on his behalf) refuses to accept the item,
• in the case of delivery through a postal service operator, the expiry of a period of ten (10) days from the deposit of the consignment and the giving of a request to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee is not aware of the deposit