Terms of business

LANIGA

1.General provisions

The following terms and conditions, including the claim form, which is an integral part thereof, apply to purchase at the Laniga.cz internet shop.

Business terms and conditions specify and clarify the rights and obligations of the seller (supplier) and the buyer (customer). The seller is the operator of the LANIGA s.r.o. internet shop, located at U Řeky 694, Ostrava – Hrabová, 720 00, IČO 06763286, DIČ: CZ06763286, contact information can be found in the “Contact” section, which is published on www.laniga.cz.

These terms and conditions govern the different rights and obligations for buyers who engage in the relationship with the seller as retail consumers (hereinafter referred to as “the consumer”) and the retail entrepreneur (hereinafter referred to as the “entrepreneur”).

Legal relationships between the seller and the consumer are governed by the following terms and conditions and further to extent not covered by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “CC”), Act No. 634/1992 Coll., on Consumer Protection, as well as regulations regulating the relations between the seller and the non-entrepreneur.Legal relationships between the seller and the entrepreneur are governed by the following terms and conditions, and further to the extent not covered by Act No. 89/1991 Coll. (hereinafter referred to as the “Business Gazette”) and the relevant legal regulations governing the relations between the seller and the buyer of the entrepreneur.Seller agrees to properly inform the buyer about the properties of the products sold, how to use and maintain the product. If necessary with regard to the nature of the product, the seller provides the necessary information in the written comprehensible instructions enclosed with the product.
The delivered goods remain with the seller until the purchase price is fully paid in accordance with the provisions in force of § 443 – 446 business. z., resp. § 601 C.C.

Definitions

Consumer contract – in particular the purchase contract or other contracts according to the Civil Code, when the contracting parties are on the one side the consumer and on the other the supplier, respectively. seller.
Seller / Contractor – a person who, when concluding and performing a contract, acts in the course of his business or his other business activity. It is an entrepreneur who delivers products or services to the buyer directly or through other entrepreneurs.
Consumer (Buyer) – A person who does not act in the course of his business or other business activity when concluding and performing a contract. It is a natural or legal person who purchases products or uses services for purposes other than business with such products or services.
Buyer who is not a consumer – an entrepreneur who purchases products or uses services for the purpose of their business with these products or services. This buyer is governed by the terms and conditions of business applicable to him and the Commercial Code.
Conclusion of the Purchase Contract – Buyer’s order is a draft Purchase Contract and the Purchase Agreement itself is concluded at the moment of delivery of the Seller’s binding consent to the Buyer with this proposal (by binding confirmation of the order by the Seller). From that moment on, between the buyer and the seller, the mutual rights and obligations that arise from the sales contract and the terms and conditions of business that form an integral part of this contract arise.

Information about the contract and terms of business

By submitting an order, the buyer confirms that he has become familiar with these terms and conditions and agrees with them. The Buyer is notified of these Terms and Conditions and has the opportunity to become acquainted with them in sufficient time before making the order. Acceptance of the goods by the buyer from the seller as well as a binding order confirmed by the seller are valid as recognition and conclusion of the purchase contract in accordance with these contractual terms and conditions, and the buyer agrees to the terms of trade in the version at the moment of sending the binding order and is bound by them at the moment of conclusion of the purchase contract.

The concluded contract is archived by the seller for its successful fulfillment and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract is apparent from these terms and conditions. The buyer has the option to check and, if necessary, correct the order before submitting the order. These terms and conditions are displayed on the LANIGA website and are thus enabled to be archived and reproduced by buyers.

Providing personal data

By submitting an order, the buyer gives the seller the consent to collect, process and archive the buyer’s data and purchases until the withdrawal of the consent. The provision of personal data is voluntary, the data subject has the right to access and the right to correct them, including other legal rights to such data. The seller undertakes to protect the personal data provided to him by the buyer. The data will only be used by the seller and will be handled in accordance with the Personal Data Protection Act No. 101/2000 Coll.

Buyer agrees to the seller processing the data for his marketing and business purposes and for this purpose also makes it available to third parties cooperating with the seller to provide marketing actions, all in compliance with applicable regulations, in particular Act No. 101/2000 Coll. on the protection of personal data. In the event of termination of trading between the seller and the buyer at the request of the buyer, by written declaration and sent to the seller, the data will be removed from the supplier’s archive (deleted).

Pricing arrangements

The prices of all products are updated on a continuous basis and are published on the website.Prices in our store already include all charges and are therefore final. The price of the goods does not include shipping costs and packaging costs.
The price at the conclusion of the purchase agreement between the seller and the buyer is the price stated in the price list at the time of the buyer’s binding order.

In the event that the price of the goods is not known at the time of the purchase,the price shall be stated later by mutual agreement, and the consumer shall be obliged within 2 days from the demonstrable communication to clarify to the seller whether he  accepts the purchase price or not, which in no way affects the right of buyer – consumer to withdraw from the contract in Article 7.

3. Ordering

You can place order in the following ways:
• through e-commerce (hereinafter referred to as “e-shop”)
• by e-mail
• facebook

Buyer is obliged to provide the seller with the necessary information for the successful completion of the order, ie:

• name, surname and place of residence or business name and place of business of the buyer
• ID and VAT number when registered as VAT payer
• Product name, product code
• quantity, color, size
• unit price
• method of transport, shipping and packing
• delivery address
•any other data the buyer considers important.

Buyers’s order is binding on both parties at the moment of confirmation by the seller. In the event of a change of the order, the order so amended is binding for both parties at the time of confirmation of the change of the order by the seller. The seller is not obliged to accept the change of order when he has already handed the goods according to the original order to the transport contractor or has already modified the goods at the customer’s request.

  • in the case of a complete cancellation of the order by the buyer, that has already been confirmed by the seller, even after the abovementioned reasoned non-acceptance of the change of the binding order on the part of the seller, the seller may demand a contractual penalty (cancellation fee) of 10% of the price of the goods, the seller can request a contractual penalty (cancellation fee) up to 100% of the price of the goods from the buyer. The payment of the contractual penalty shall not affect the Seller’s claim for compensation for the damage that may be incurred. The seller may withdraw from the contract if the order becomes unavailable because the ordered goods are no longer manufactured or delivered to the seller or are unavailable for a long time, through no fault of the seller. If the aforementioned impossibility to fulfill only part of the ordered performance concerned, the seller may cancel only that part of the order. The seller may cancel the order and withdraw from the contract if there is a significant change in the purchase price from the suppliers of the goods when the change was unknown to the seller at the time of the order confirmation. The seller is obliged to inform the buyer immediately before withdrawing from the price change agreement and attempting an agreement where the seller is entitled to withdraw if the buyer does not agree to the new price.

4.Delivery terms

Delivery times:

The delivery time is usually 5 to 21 business days from the date of the order confirmation. From the date of confirmation of the order by the seller the deadline for delivery of the order to the buyer begins to run,  the order will be delivered within 21 working days at the latest if the delivery time is not stated otherwise based on an agreement between the seller and the buyer.

If it is not possible to deliver the goods within 21 working days, the buyer will notify the buyer within 3 business days of placing the order together with the delivery date. During a period of expected increase in orders, such as the Christmas season, delivery times of the ordered goods may be within 7 to 30 business days and must therefore be counted. In the event of a longer supply outage, the buyer is informed by the seller within 3 business days of order confirmation. If the payment method is selected by transfer to the account, the delivery time starts to run when the payment is credited to the seller’s account.

Sending via transport service – Czech Republic:
The goods can be sent to the buyer by current carriers offer which you can see in our E-shop. The shipping price is not part of the purchase price and is stated by the current price list on the day of the order, listed in the section “Choose delivery method and Choose payment method”, which forms an integral part of these terms and conditions.

Sending via transport service – SR:
The goods can be sent to the buyer by current carriers offer which you can see in our E-shop. The shipping price is not part of the purchase price and is stated by the current price list on the day of the order, listed in the section “Choose delivery method and Choose payment method”, which forms an integral part of these terms and conditions.

Sending via transport service – PL:
The goods can be sent to the buyer by current carriers offer which you can see in our E-shop. The shipping price is not part of the purchase price and is stated by the current price list on the day of the order, listed in the section “Choose delivery method and Choose payment method”, which forms an integral part of these terms and conditions.

Sending via transport service – HU:
The goods can be sent to the buyer by current carriers offer which you can see in our E-shop. The shipping price is not part of the purchase price and is stated by the current price list on the day of the order, listed in the section “Choose delivery method and Choose payment method”, which forms an integral part of these terms and conditions.

Sending via transport service – A:
The goods can be sent to the buyer by current carriers offer which you can see in our E-shop. The shipping price is not part of the purchase price and is stated by the current price list on the day of the order, listed in the section “Choose delivery method and Choose payment method”, which forms an integral part of these terms and conditions.

Sending via transport service – DE:
The goods can be sent to the buyer by current carriers offer which you can see in our E-shop. The shipping price is not part of the purchase price and is stated by the current price list on the day of the order, listed in the section “Choose delivery method and Choose payment method”, which forms an integral part of these terms and conditions.

The buyer is obliged to check the condition of the parcel (number of parcels, box damage) according to the enclosed transport note immediately upon delivery. Consumers are advised to take precautions to prevent possible problems associated with later complaints about the state of delivery. The buyer is entitled to refuse to accept a consignment that is not in conformity with the sales contract, for example, the parcel is incomplete or damaged. If the buyer has received such a damaged parcel from the carrier, it is necessary to describe the damage in the delivery protocol of the carrier.
When you obtain an incomplete or damaged consignment, we recommend that you immediately notify us by e-mail to info@lanigaart.cz, fill in the shipping protocol with the carrier and send it via email to the seller without any delay. In the event of a refusal to accept goods sent by means of a transporter on the basis of a valid order confirmed by Seller for non-legitimate reasons, the seller is entitled to claim compensation from the Buyer for damages to the seller.

The entrepreneur is obliged to check the goods as soon as possible after the goods have been taken, but no later than within 24 hours of the takeover, except when the goods have been presented at the store and any damage to the goods may be claimed by the seller within 24 hours of taking over the goods. Consumers are advised to take precautions to prevent possible problems associated with later complaints about the state of delivery.
Seller is liable to the consumer for the goods being in conformity with the purchase contract at the moment of taking over, in particular that it is defective, in the sense of § 616 of the Commercial Code. If the goods are in conflict with the purchase contract, the buyer has claims against the seller in accordance with § 616 C.C. – See Claim Rules.

5. Payment Terms

• cash on delivery of goods
• By bank transfer to the seller’s account – prepayment (If the payment is not paid to the seller’s account within 7 days of placing the order, the order will be canceled without warning).
• online payment

6. Cancellation of contract by agreement

The Seller is entitled, at its discretion, to cancel the Purchase Agreement by agreement upon the Buyer’s request under the terms of this Agreement. The basic condition for the cancellation of the purchase contract is that the buyer returns the goods to the seller undamaged, unused, complete, including accessories and original undamaged packaging and only if it is had not been a customized item. The agreement to cancel the purchase contract must be in writing and may only be concluded with the delivery of the goods. In the event of a buyer’s proposal to cancel the purchase agreement, the buyer shall not be entitled to reimbursement of the costs associated with the submission of a non-accepted proposal rejected by the seller. This does not affect the consumer’s right to withdraw from the contract under Article 7 of these Terms and Conditions.

7. Withdrawal from the contract 

7.1. Consumer

When purchasing a contract by means of distance communication, ie telephone, email, and e-shop, the buyer has the right to withdraw from the purchase contract without giving any reason within 14 days of receipt of the goods, within which the buyer must deliver to the seller the act, with which the current legislation in force combines the manifestation of the will to withdraw from the contract. The consumer may exercise this right to withdraw from the contract by either delivering the goods personally to the seller’s premises together with a declaration of withdrawal from the contract or at his own expense to send the goods to the seller at his address through one of the transporters together with a written statement of the will to withdraw from the contract . Upon withdrawal from the purchase contract by the consumer within 14 days within the meaning of Section 53 (7) C.C. the buyer has the right to withdraw without any sanction.

However, the goods must be returned undamaged when using the right of withdrawal, preferably in the original packaging, without any signs of use, including all accessories. Once all the above conditions for the return of the goods have been fulfilled, we will send you money for the goods by transfer to your account within 30 days of withdrawal and notification of the buyer’s account number. The consumer is not entitled to reimbursement of the costs he has paid to the seller in connection with the delivery of the goods by the carrier.

In the event of damage to the goods during the period of its possession by the buyer or if the goods are incomplete, the unjust enrichment within the meaning of § 457 C.C., created by the consumer, is reserved, ie we reserve the right to claim the corresponding compensation for the value of the returned item . This does not affect the consumer’s right to withdraw from the contract without any penalty. Withdrawal from the contract due to the incompleteness of the goods delivered by the carrier is settled by the Complaint Procedure. The consumer can not withdraw from a contract for the purchase of goods which has been modified according to the consumer’s  wish – modification means any intervention in the design of the product by the buyer, the final result of which is different to the design of the product by the seller.

7.2 Businessman

The seller’s delay in delivering the goods is considered as a minor breach of the contract, except for the provisions of § 345 par. 2 of the Commercial Code. In the case that the seller does not deliver the goods even in the new term agreed with the entrepreneur, the entrepreneur is entitled to withdraw from the contract. The withdrawal must be in writing and must be delivered to the seller. The entrepreneur is not entitled to withdraw from the contract as a result of the seller’s default if he has received information that the performance under the sales contract has already been sent to the buyer’s address.

If the goods are delivered in plastic packaging that is destroyed by the entrepreneur and the goods after return due to withdrawal of the contract can no longer be sold as new, the seller is entitled to compensation for the deterioration of the goods where the amount of the depreciation is determined as the difference between the purchase price for which the goods were sold, and the purchase price at which the goods can be sold as used.

An entrepreneur can not withdraw from a contract for the purchase of goods that has been customized according to the wishes of the buyer. An entrepreneur is not entitled to reimbursement of the costs that he has paid to the seller in connection with the delivery of the goods by the carrier.

The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs of returning the goods to the seller. If the buyer withdraws from the contract, the seller shall immediately return, but no later than 14 days of withdrawal, all funds, including delivery costs, received from him.

8. Complaints and Warranty Terms 

8.1. The complaint procedure is governed by the Standard Complaint Rules of the Czech Republic and applies in particular to: material defect, printing defect, different type of goods versus purchase contract, wrongly dispatched product size versus purchase contract but does not apply to normal wear and tear of the product.

8.2. Complaint procedure lasts normally 30 days. Goods may be exchanged, repaired, money may be refunded, or claims may be refused.

8.3. The buyer is obliged to return the claimed goods within 14 days of the notification of the claim to the seller.

8.4. The claim form and the necessary information can be found in the claim and return section.

8.5 The seller is liable to the purchaser that the goods have no defects upon takeover. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:- the goods have properties that the parties have negotiated, and if the arrangement is lacking, it has properties that the seller or the manufacturer has described or which the buyer has anticipated with regard to the nature of the goods and the advertising they make (WARNING: Any difference in color between the fabric or the printing We can not influence the display of the buyer’s monitor, so the color of the product may vary slightly, and in the case of clarification of the color or print information, you can contact us at any of the contacts listed in the contact section.)

9. Warranty period

For all products offered in the LANIGA Ltd a legal guarantee is provided for 24 months from the purchase of the goods. The warranty does not apply to customized goods.

10. Final Provision

On the seller’s website there are valid business terms available, and each buyer is notified when he buys goods that has the opportunity to get acquainted with the conditions. The seller is entitled to supplement or change the business terms and conditions in connection with the change of the applicable legislation in connection with the change in the market of the goods offered by the seller.
These Terms and Conditions become effective on the date of publication on the website.