Terms and Conditions
These general terms and conditions ("Terms and Conditions") of LJ protection s.r.o., with registered office at Tupolevova 741, 199 00 Prague 9 (not a correspondence address), ID No. 28496248, ofwritten in business register maintained by the Municipal Court in Prague, Section C, Insert 145813, e-mail info@patronum.eu, telephone number + 420 311 440 241, registered office address Tupolevova 741, 199 00 Prague 9 ("We" or "Seller") regulate in accordance with the provisions of § 1751 par. 89/2012 Coll, Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of the purchase contract (the "Contract") concluded through the E-shop on the website
All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here www.patronum.eu
The provisions of these Terms and Conditions form an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect any rights and obligations arising during the period of effectiveness of the previous version of the Conditions.
As you know, we primarily communicate remotely. Therefore, our Agreement is also subject to the use of remote means of communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Agreement is thus concluded remotely in the E-shop environment, through the website interface ("E-shop web interface").
If any part of the Terms contradicts what We have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will prevail over the Terms.
SOME DEFINITIONS
- Price is the amount of money you will pay for the Goods;
- Shipping Price is the amount of money you will pay for the delivery of the Goods, including the cost of packing them;
- Total Price is the sum of the Price and the Shipping Price;
- VAT is the value added tax under applicable law;
- Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
- Order is Your binding proposal to enter into a Contract for the purchase of Goods with Us;
- User Account is an account set up on the basis of the data provided by You, which allows the storage of the data entered and the storage of the history of the Goods ordered and the Contracts concluded;
- You are a person purchasing (outside the scope of his/her business activity) on Our E-shop, legally referred to as a buyer;
- Goods is anything you may purchase on the E-Shop.
GENERAL PROVISIONS AND NOTICES
- Purchase of Goods is only possible through the web interface of the E-shop.
- When purchasing Goods, it is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information you have provided to Us in the Order to be correct and true.
- We also provide access to reviews of the Goods made by other consumers on Our E-Shop. We ensure and control the authenticity of such reviews by linking the reviews to specific Orders, so we can see the linked Order ID for each review in our internal system, and thus are able to verify and prove that the review is from a real consumer.
CONTRACT TERMINATION
- The contract with us can only be concluded in Czech language.
- The contract is concluded remotely via the E-shop, with the cost of using remote means of communication being borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.
- In order for Us to enter into the Contract, You need to create an Order on the E-shop. This proposal must include the following information:
- Information about the Goods you are purchasing (on the E-shop you mark the Goods you are interested in purchasing with the "Add to Cart" button);
- Information about the Price, Shipping Charge, Total Price payment method and the desired delivery method of the Goods; this information will be entered as part of the Order creation within the E-shop user interface, and the Price, Shipping Charge and Total Price information will be provided automatically based on the Goods, delivery and payment method you have selected;
- Your identification and contact details used to enable us to deliver the Goods, in particular, your name, surname, delivery address, telephone number and email address.
- During the process of creating the Order, you may change and check the data until its completion. Once the check has been made by pressing the "Order with payment obligation" button, the Order will be completed. However, before pressing the button, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to complete the Order. The check box is used to confirm and agree. After pressing the "Order with payment obligation" button, all completed information will be sent directly to us.
- We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions as in force on the date of the Order, i.e. as attached as an attachment to the confirmation email, form an integral part of the Contract. Confirmation of the Order constitutes the conclusion of the Contract between Us and You.
- There may be occasions when We are unable to confirm an Order to You. These include situations where the Goods are not available or where You order more Goods than We are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not be surprising to you. In the event that there is any reason why we cannot confirm an Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In such a case, the Contract will be concluded at the time You confirm Our offer.
- In the event that a manifestly incorrect Price is quoted within the E-shop or in the Order, We shall not be obliged to supply the Goods to You at that Price even if You have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. In such a case, the new Contract will be concluded at the moment You confirm Our offer. 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 retailers or a missing or missing digit.
- In the event that the Contract is concluded, You are obliged to pay the Total Price.
- If you have set up a User Account, you may place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is identical to that 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 take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of the discount in the predefined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.
USER ACCOUNT
- Based on your registration within the E-shop, you can access your User Account.
- When registering for a User Account, it is your responsibility to provide all the details you enter correctly and truthfully and to update them if they change.
- Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding this access and not to provide this information to anyone. In the event that they are misused, we will not be held liable.
- The user account is personal and you are therefore not entitled to allow third parties to use it.
- We may cancel your User Account, in particular if you have not used it for more than 1 year or if you breach your obligations under the Agreement.
- The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software.
PICING AND PAYMENT TERMS, RELEASE OF PROPRIETARY RIGHTS
- The price is always indicated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.
- The total price is inclusive of VAT, including any charges provided for by law.
- Payment of the Total Price will be required from you after the conclusion of the Contract and before delivery of the Goods. You may pay the Total Price in the following ways:
- Bank transfer. We will send you the information for making the payment within the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 3 days.
- By online card. In this case, payment is made through a payment gateway SHOPTET PAY, and payment is subject to the terms and conditions of this payment gateway, which are available at: https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/. In the case of payment by card online, the Total Price is payable within 24 hours.
- Delivery. In this case, payment will be made on delivery of the Goods against delivery of the Goods. In the case of payment by cash on delivery, the Total Price is payable on receipt of the Goods.
- By card upon personal collection. Card payment can be made for Goods in case of collection of previously ordered Goods at our central warehouse. In the case of payment by card upon personal collection, the Total Price is payable upon receipt of the Goods.
- 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 available in the User Account.
- Ownership of the Goods will only pass to you once you have paid the Total Price and taken possession of the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting our account, otherwise it is paid at the time of payment.
DISCLAIMS PRODUCTIONS, TRANSFER OF GOODS, NO DAMAGE TO THINGS
- The goods will be delivered to you, unless otherwise agreed, within 30 days by the method of your choice, whereby you can choose from the following options:
- Personal collection at our central malt shop;
- Personal collection at our delivery points;
- Shipping by PPL;
- Delivery via transport companies Czech Post, PPL CZ, Zásilkovna;
- Items can only be delivered within the Czech Republic.
- Delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms and Conditions is indicative only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you in advance of the possibility of collecting the Goods.
- On receipt of the Goods from the carrier, it is your responsibility to check the integrity of the packaging of the Goods and in the event of any defects to notify the carrier and us immediately. In the event that there is any defect in the packaging that indicates tampering and entry into the shipment, it is not your responsibility to accept the Goods from the carrier.
- In the event that You breach Your obligation to accept the Goods, except as provided in the preceding clause, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case, We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract or to store the Goods, for which We shall be entitled to payment from You in the amount of 30,-CZK including VAT for each day commenced. If we decide to withdraw from the Contract, the withdrawal shall be effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Delivery Price or the right to compensation for damages, if any.
- If, for reasons attributable to You, the Goods are redelivered or delivered in a different manner than agreed in the Contract, it is Your responsibility to reimburse Us for the costs of such redelivery. The payment details for payment of these costs will be sent to Your email address specified in the Contract and are payable 14 days after receipt of the email.
- No risk of damage to the Goods shall pass to You when You take delivery of the Goods. In the event that you do not take delivery of the Goods, except as provided in clause 4 of this paragraph, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons beyond your control did not take delivery. The passing of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.
- We will always inform you if the Goods have not been listed as in stock in the E-shop and an indicative period of availability has been given:
- extraordinary failure in the production of the Goods, and we will always provide you with a new expected period of availability or information that the Goods cannot be delivered;
- delay in delivery of the Goods from Our supplier, and We will always tell You the new expected delivery time.
RIGHT FREE FROM LIABILITY
- We warrant that at the time of the transfer of the risk of damage to the Goods pursuant to Article 7 of the preceding paragraph of the Conditions, the Goods are free from defects, in particular that the Goods:
- conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
- is fit for the purpose for which you require it and to which we agree;
- is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation;
- is fit for the purpose for which Goods of that kind are usually used;
- matches in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, the usual characteristics of Goods of the same kind that you can reasonably expect, even taking into account public statements made by us or by another person in the same contractual chain, in particular advertising or labelling;
- is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as you might reasonably expect; and
- conforms in quality or workmanship to the sample or specimen provided to you prior to the conclusion of the contract.
- Rights and obligations regarding rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- If the Goods are defective, in particular if any of the conditions under Article 1 are not fulfilled of this paragraph, you may notify Us of such defect and exercise the rights arising from the defective performance (i.e. claim the Goods) by completing an electronic form, by sending an e-mail, a letter to Our address indicated at Our identification data, or in person at Lidická 1721, Vlašim 25801. You may also use the Claim Form provided by Us for making a claim. In exercising the right of defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will settle the claim in accordance with the defective performance right You have exercised.
- If the Goods are defective, you have the following rights:
- to remedy the defect by supplying new Goods without the defect, or by supplying the missing part of the Goods; or
- to remedy the defect by repairing the Goods,
if the chosen method of remedying the defect would be impossible or disproportionately expensive compared with the other method, which will be assessed having regard in particular to the significance of the defect, the value the Goods would have without the defect and whether the defect can be remedied by the other method without significant inconvenience to you.
- We may refuse to remedy the defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the Goods would have had without the defect.
- You are also entitled to:
- a reasonable discount on the Price; or
- withdraw from the Contract,
if:
- we refuse to remedy the defect or fail to remedy it in accordance with the law;
- the defect appears repeatedly,
- the defect is a material breach of the Contract; or
- it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to you.
- The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.
- If you have caused the defect in the Goods yourself, you do not have rights under the defective performance.
- Wear and tear on the Goods caused by normal use or, in the case of second-hand Goods, wear and tear corresponding to the extent of their previous use is not a defect in the Goods.
- When you make a claim, we will issue you with a written confirmation stating:
- the date on which you made the claim;
- what the claim is about;
- what method of handling the claim you require;
- your contact details for the purpose of providing information about the handling of the claim.
- If we do not agree on a longer period, we will remedy the defects within 30 days of receipt of the complaint and provide you with information on the handling of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.
- We will inform you by e-mail about the settlement of the complaint and issue you with a confirmation of the date and method of settlement of the complaint. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to provide proof of these costs, e.g. receipts or shipping receipts. In the event that the defect has been rectified by delivery of new Goods, it is your responsibility to return the original Goods to Us, but the cost of such return shall be borne by Us.
- If you are a business, it is your responsibility to notify and complain about the defect without undue delay after you have been able to discover it, but no later than three days after you have received the Goods.
- If you are a consumer, you have the right to exercise your rights under the defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.
CONTRACT WITHDRAWAL
- Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways set out in this Article or in other provisions of the Conditions in which the possibility of withdrawal is expressly stated.
- If you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of goods, then within fourteen days from its receipt. In the event that we have concluded a Contract where the subject matter is several pieces of Goods or the delivery of several parts of Goods, this period shall commence only on the date of delivery of the last piece or part of Goods, and in the event that we have concluded a Contract under which we will deliver the Goods to you regularly and repeatedly, it shall commence on the date of delivery of the first delivery.
- You may withdraw from the Contract by any demonstrable means (including, but not limited to an electronic form, by sending an email or letter to Us at Our addresses set out next to Our identification details). You may also use the Withdrawal Form provided by Us.
- However, you as a consumer cannot withdraw from the Contract in cases where the subject of the Contract is the performance referred to in Section 1837 of the Civil Code.
- The withdrawal period according to Article 2 of these Terms and Conditions shall be deemed to be maintained if You send Us a notice that You withdraw from the Contract during the withdrawal period.
- In the event of withdrawal from the Contract pursuant to Article 2 of this paragraph of the Terms and Conditions, You are obliged to send the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to a refund of the Shipping Charge by Us, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods.
- In the event of cancellation of the Contract, the Price will be refunded to You within 14 days of the effective date of cancellation to the account from which it was credited or to the account selected by the canceller. However, the amount will not be refunded until We have received the Goods or You have provided Us with evidence that they have been returned to Us. Please return the Goods to Us clean, including the original packaging if possible.
- However, in the event of withdrawal from the Contract pursuant to clause 2 of these Terms and Conditions, You shall be liable to Us for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarise You with the nature, features and functionality of the Goods, i.e. in the manner in which You would familiarise Yourself with the Goods in a bricks and mortar store. In the event that we have not yet refunded the Price to you, we shall be entitled to set off the claim for costs against your claim for a refund of the Price.
- We shall be 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 (in particular, reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period specified in Article 9 of the paragraph "DELIVERY OF GOODS, TRANSFER OF DAMAGE TO THINGS" of the Conditions. We may also withdraw from the Contract if it is clear that you have deliberately provided incorrect information in the Order. If you are purchasing goods in the course of your business, i.e. as a business, we are entitled to withdraw from the Contract at any time, even without giving a reason.
RESOLUTION OF DISPUTES WITH CONSUMERS
- We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1) (e) of the Civil Code.
- We handle consumer complaints via the electronic address info@patronum.eu. We will send information about the handling of the complaint to the buyer's electronic address.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. 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, who is a consumer, from a purchase contract concluded by electronic means.
- The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes) .
CONTRACTING PROVISIONS
- If our legal relationship with you has an international element (e.g. we send goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your legal rights are not affected by this agreement.
- All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address provided in the Agreement, in Your User Account or through which You contacted Us.
- The Agreement may only be amended by Our written agreement. We may, however, amend these Terms, but such amendment will not affect Contracts already entered into, but only Contracts entered into after the effective date of the amendment. However, we will only inform you of the change if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give rise to a right of termination as we do not have a Contract that can be terminated) or we are to supply you with Goods on a regular and recurring basis under the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you information about the change, the new terms will become part of our Contract and will apply to the next supply of Goods after the change takes effect. The notice period in case you give notice is 2 months.
- In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), We shall not be liable for damages caused as a result of or in connection with the force majeure events, and if the force majeure condition lasts for more than 10 days, We and You shall have the right to withdraw from the Contract.
- The Contract including the Terms and Conditions is archived electronically with Us but is not accessible to You. However, You will always receive these Terms and Conditions and an Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Terms and Conditions.
- These Terms and Conditions will take effect on 6.1.2023
USE OF COOKIES
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We use the following cookies on the website:
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- Analytical/statistical cookies: allow us, for example, to recognise and measure the number of visitors and to track how our visitors use the website. They help us to improve the way the site works, for example by enabling users to easily find what they are looking for. We only run these files with your prior consent.
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Cookies used:
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