These terms and conditions (hereinafter "TMS") apply to purchases in the online store www.elkalounge.com, offering men's, women's and children's underwear and leisure underwear and products from the deco & home range. The description of the goods is given on the internet address https://www.elkalounge.com. TMS further defines and specifies the rights and obligations of the seller, which is Fideli Berg, s.r.o., Kramperova 1007/3, 142 00 Prague, IČ: 03337529, DIČ: CZ03337529 and the rights and obligations of the buyer.
- All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, the relations are governed by business conditions not regulated by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is another entity, the relations are governed by the business conditions not regulated by the Commercial Code (No. 513/1991 Coll.), All as amended.
- By sending the order, the buyer confirms that he has read these TMS and that he agrees with them. The buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them. These business conditions as well as the complaint procedure are an integral part of the concluded contract.
- Consumer contract - Consumer contracts are purchase contracts, work contracts, or other contracts, if the contracting parties are the consumer on the one hand and the supplier on the other.
- Supplier / seller - A supplier is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling a contract. In the case of these TMS, it is an online store www.elkalounge.com
- Spotřebitel (kupující) - je osoba, která při uzavírání a plnění smlouvy nejedná v rámci své obchodní nebo jiné Consumer (buyer) - is a person who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling a contract.
- Purchase contract - the condition for applying the order is to fill in all the required information about the buyer in the order form. An order placed via means of distance communication, in this case via the website www.elkalounge.com, is a proposal to conclude a purchase contract. The purchase contract is concluded upon delivery of the binding order confirmation by the supplier to the consumer. This order confirmation is the delivery of an e-mail containing the order confirmation. From this moment, mutual rights of obligation arise between the seller and the buyer.
Order of Goods
- Prices for the goods of the online store www.elkalounge.com are binding, until they change. The online store www.elkalounge.com reserves the right to change prices, even without prior written or otherwise issued notice.
- However, the price of the goods determined on the basis of an already concluded purchase contract cannot be changed once ordered.
- In the event that the price of the supplier of the goods has changed significantly, the seller may withdraw from the contract. In this case, the seller will immediately contact the buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address as soon as possible.
- The main way to make an order is in the online store - filling a virtual shopping cart and sending the order. Another way is to place an order by phone: 721 352 621 and e-mail: email@example.com. For each order in any way, it is necessary to provide all the necessary information about the buyer, which are in particular: the name and surname of the buyer, the full address and the method of payment for the ordered goods.
Price of Goods and Delivery
- We are VAT payers.
- The ordered goods are delivered through the listed couriers and paid for by bank transfer or online payment.
- Shipping for purchases over 60 EUR is free.
- Postage is: the price will be displayed according to the selected destination in your cart (4,60 EUR/25,8 EUR)
- Payment by bank transfer is made to the bank account No. 2500647598/2010, the goods are sent in accordance with the information on its availability after crediting the invoiced amount to the seller's account. You will receive the variable symbol after completing the order.
- Goods can be paid for online by bank transfer or card using the secure GoPay payment gateway.
- We do not charge for packaging.
Acceptance of Goods and Right of Withdrawal
- According to the Civil Code (Act No. 40/1964 Coll., as amended), the consumer is entitled to withdraw from the purchase contract in this case - if the contract was concluded using a means of distance communication, the consumer has the right to withdraw from the contract without giving a reason, and without any penalty within 14 days of receipt of the performance. If the supplier has not provided the consumer with information that he is obliged to provide in writing or in another similar manner in accordance with the provisions of the paragraphs on consumer contracts under the Civil Code, this withdrawal period is 3 months from receipt of performance. However, if the information is duly provided during that period, the three-month period shall end and the fortnightly period shall begin to run.
- If the buyer is a legal entity, the buyer is obliged to inspect the goods upon receipt of the goods and immediately inform the seller of any defects.
- If the buyer is a natural person, this check when taking over the goods is also recommended, he will then prevent any disputes in the complaint.
- If the buyer withdraws from the contract pursuant to Article 15 of the OP, the buyer is refunded the price of the goods agreed in the purchase contract; however, the buyer is obliged to reimburse the seller for the costs of postage packaging in accordance with Article 13 or 14 of the OP.
- If the buyer withdraws from the contract within the specified period, the funds transferred to the account are returned to them immediately within 30 days of withdrawal from the contract.
Protection of Personal Data
- Personal data (especially name, surname, and address) of customers are stored in accordance with applicable laws of the Czech Republic, especially with the Personal Data Protection Act No. 101/2000 Coll., as amended. We use all data obtained from customers exclusively for the internal needs of the business (in order to successfully fulfill the contract) and do not provide them to third parties. An exception is external carriers to which customers' personal data are transferred to the minimum extent necessary for the smooth delivery of goods.
- Personal data of customers are fully protected against abuse. Data is stored securely and not shared with third party applications. By concluding the contract, the customer agrees to the processing and collection of their personal data in our database after the successful fulfillment of the contract, until the time of their written expression of disagreement with this processing. The customer has the right to access their personal data and the right to correct them, including other legal rights to this data.
- According to the Civil Code, the buyer, who is a natural person, is given a warranty period of 24 months.
- The buyer, who is not a consumer, is given a warranty period of 12 months.
- The warranty does not apply to goods after the expiration of the warranty period.
- The warranty period begins on the day of receipt of the goods by the buyer.
- The warranty period is extended by the time when the goods are under warranty repair.
- In the case of exchange of goods, the new warranty period begins on the day of receipt of the new goods by the buyer.
- The time for handling the complaint is 30 days.
- The goods can be returned without giving a reason or exchanged within 30 days of receipt of the order by the buyer. They must not be washed or worn in any way.
- In the event that the buyer discovers a defect in the goods, due to which he is entitled to complain about the goods, he shall immediately notify the seller and send the goods back to the seller's address. Goods that will be sent back to the buyer on delivery will not be taken into account.
- If the seller accepts the complaint, after agreement, the buyer will either return the money paid in the purchase contract or exchange the goods according to the following articles
- In the event of a remediable defect, the buyer is entitled to remove it without undue delay. If this is not disproportionate due to the nature of the defect, the buyer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part. If such a procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract.
- In the event of an irreparable defect, which prevents the thing from being properly used as a thing without a defect, the buyer has the right to exchange the thing or may withdraw from the contract. The same rights belong to the buyer, if the defects are remediable, but if the buyer can not properly use the thing for the recurrence of the defect after repair or for a larger number of defects. If these are other defects that cannot be eliminated and if the buyer does not request an exchange of the item, the buyer is entitled to a reasonable discount on the price of the item or may withdraw from the contract.
- The seller is obliged to issue a written confirmation to the consumer (complaint protocol) about when the consumer exercised the right of liability for defects, what is the content of the complaint and what is the method of handling the complaint and further confirmation of the date and method of handling the complaint, including confirmation of repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out the repair.
- The costs of sending the goods back and exchanging the goods are borne by the seller.
- The goods must not be used in any way. The consumer has the right to test the goods, provided that he should observe the basic hygienic requirements of the test - preferably through underwear. If they do not comply with the specified hygiene conditions, the goods can no longer be claimed or returned under Directive 97/7 / EC.
- The warranty does not cover normal wear and tear caused by normal use, damage caused by use contrary to the instructions for use, caused force majeure, and other external influences. A shorter product life cannot be considered a defect and the seller is not liable for defects caused by a shorter product life.
Conflict with the purchase agreement
- If the buyer received a product other than the one ordered (unintentional replacement when packaging the products), or received a defective product or otherwise does not meet the description, he will send it back to the seller unused, undamaged and in the original packaging together with the delivery note.
- In the event that the item is not in accordance with the purchase contract upon receipt by the buyer, the buyer has the right to return the item free of charge and without undue delay to the condition corresponding to the purchase contract, either by replacing the item or repairing it; If such a procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract before taking over the thing or caused the conflict with the purchase contract himself.
- The online store www.elkalounge.com reserves the right to make typographical errors and inaccuracies on this website. However, this does not release the seller from the obligation to truthfully inform the buyer about the properties of the goods sold.
- Business conditions and complaint procedure are valid from March 1, 2014
- Tel.: +420 604 222 881
- E-mail: firstname.lastname@example.org