Terms and conditions of the operator of e-commerce shop www.ouk.one
trading company LANATURIA s.r.o.
with registered office at Ruzova 972/1, 110 00 Prague 1, Czech Republic
entered in the commercial register kept at the Municipal Court in Prague, section C, insert 257519,
ID number: 05047056, VAT number: CZ05047056
for the sale of goods through an online store located at www.ouk.one.
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company LANATURIA s.r.o. with its registered office at Ruzova 972/1, 110 00 Prague 1, Czech Republic, identification number 05047056, registered in the commercial register kept at the Municipal Court in Prague, section C, file 257519, (hereinafter referred to as the "seller") regulate, in accordance with §1751 paragraph 1 of Act No. 89/2012 Coll., the Occasional Code (hereinafter referred to as the "Civil Code") fine rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller at the internet address www.ouk.one (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface"). By sending his order, the buyer confirms that he has familiarized himself with these terms and conditions and that he agrees with them.
1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the English and language. The purchase contract can be concluded in the English language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
2.1. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the store's web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer's breach of this obligation.
2.4. The buyer is not authorized to allow the use of the user account by third parties.
2.5. The seller can cancel the user account, especially if the buyer does not use his user account, or if the buyer violates his obligations under the purchase contract (including terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
3.2. The store's web interface contains information about the goods, including the prices of the individual goods and the cost of returning the goods, if the goods, by their nature, cannot be returned by the usual postal route. Product prices are inclusive of value added tax and all related charges. Product prices remain in effect for as long as they are displayed on the store's web interface. The prices of goods are not adjusted to the person of the buyer on the basis of automated decision-making. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods, as well as the method and time of delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of Europe. In the event that the seller offers free shipping of goods, the buyer must pay the minimum total purchase price of the shipped goods in the amount specified in the store's web interface for the right to free shipping of goods. In the event that the buyer partially withdraws from the purchase contract and the total purchase price of the goods for which the buyer did not withdraw from the contract does not reach the minimum amount required for the right to free shipping of the goods according to the previous sentence, the buyer's right to free shipping of the goods ceases and the buyer is obliged to pay for the transportation of the goods to the seller.
3.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
3.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),
3.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
In the case of the indication of such a price, where it is obvious that there is an error in writing and numbers, this price is not binding and the purchase contract is not concluded.
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Order with payment obligation" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
3.7. 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 e-mail, to the e-mail address of the buyer.
3.8. The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially breached their obligations towards the seller.
3.9. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
3.10 You can change the order, correct errors or cancel the order until the moment the goods are handed over to the carrier for dispatch. The buyer is informed about this moment by receiving an e-mail announcing the shipment of the goods.
4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- by cashless transfer to the seller's account No. 3321000/2010, IBAN CZ18 2010 0000 0000 3121 0000, BIC/SWIFT FIOBCZPPXXX, maintained at Fio banka, a.s. (hereinafter referred to as "seller's account");
- cashless via the GoPay payment system;
- cashless by payment card.
4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address. In the case of payment by cash on delivery, the buyer will receive a tax receipt when taking over the shipment from the carrier together with the goods.
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of:
5.1.1. goods manufactured according to the buyer's requirements or adapted to his personal needs,
5.1.2. perishable goods or goods with a short shelf life, as well as goods that, due to their nature, have been irretrievably mixed with other goods after delivery,
5.1.3. goods in sealed packaging which for health or hygiene reasons are not suitable for return after being breached by the buyer, and
5.1.4. sound or video recording or computer program in a sealed package if the buyer has infringed it.
5.2. If it is not the case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of taking over the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts from the day of taking over the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. For the purposes of exercising the right to withdraw from the purchase contract, the consumer must inform the seller, the company LANATURIA s.r.o., of his withdrawal from this contract. with registered office at Ruzova 972/1, 110 00 Prague 1, Czech Republic, to the address LANATURIA s.r.o., Prilepy 388, 769 01 Prilepy - Holesov, Czech Republic, or to the e-mail address: email@example.com in the form of unilateral legal action (for example by letter or e-mail). To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's premises or the seller's e-mail address.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
5.4. In the case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he sent the goods to the entrepreneur. The consumer must send the goods back or hand them over to LANATURIA s.r.o., Prilepy 388, 769 01 Prilepy - Holesov without undue delay, no later than 14 days from the day when the purchase contract was withdrawn, and the consumer will bear the direct costs associated with returning the goods.
5.5. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract is concluded between the seller and the buyer with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the given gift together with the goods to the seller.
6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer does not take over the goods upon delivery, the seller is entitled to demand a storage fee of EUR 20 (in words: twenty Euros) and is also entitled to withdraw from the purchase contract.
6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods in full, or costs associated with another delivery method.
6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the rights of the buyer from liability for product defects and other rights of the buyer arising from generally binding legal regulations.
6.5. Claims for mechanical damage to the goods, non-matching goods, etc., which were not visible when the shipment was received from the carrier, must be made by the buyer immediately after they are discovered.
6.6. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
7.2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
7.2.4. is the goods in the corresponding quantity, measure or weight and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions stated in Article 7.2 of the terms and conditions of business shall not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance are exercised by the buyer at the seller's address: LANATURIA s.r.o., Prilepy 388, 769 01 Prilepy - Holesov, or by personal delivery at the same address.
7.6. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1820 paragraph 1 letter n) of the Civil Code.
8.3. The seller handles consumer complaints via the electronic address firstname.lastname@example.org. The seller will send information about handling the buyer's complaint to the buyer's email address. Other rules for dealing with complaints are not set by the seller.
8.4. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
8.5. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of May 21, 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of consumer disputes online).
8.6. The buyer can file a complaint with a supervisory or state supervisory authority. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.
8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
9.1. Your information obligation towards the buyer in the sense of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) (hereinafter referred to as the "GDPR Regulation") related to the processing of the buyer's personal data for the purpose of fulfilling a purchase contract, for the purposes of negotiating a purchase contract and for the purpose of fulfilling public law obligations the seller is fulfilled by the seller through a special document. Personal data protection policy of the e-shop www.ouk.one
10. Sending commercial messages and storing cookies
10.1. The buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (the Act on certain services of the information society), as amended, to the sending of business communications by the seller to the electronic address or phone number of the buyer. The seller fulfills its information obligation towards the buyer in the sense of Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending commercial messages through a special document.
10.2. The seller fulfills its legal obligations related to the potential storage of cookies on the buyer's device by means of a special document.
11.1. It can be delivered to the buyer's email address.
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
10.2. By choosing the law according to this article of the terms and conditions, the consumer is not deprived of the protection provided by the provisions of the legal system, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European Parliament and of the Council (EC) No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I).
10.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
10.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
10.5. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
10.6. Contact details of the seller: registered office: Ruzova 972/1, 110 00 Prague 1, Czech Republic, delivery address: Prilepy 388, 769 01 Prilepy - Holesov, Czech Republic, e-mail address email@example.com, telephone +420 775 135 620. The seller does not provide any other means of online communication.
In Prague on 10 July 2023