Terms and Conditions

General Terms and Conditions

I.

Basic provisions

  1. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

Natural person doing business – self-employed, non-VAT payer: Patrik John,

ID: 18036741

with registered office: Sobotín 239, 788 16

Contact details:

email: info@lostgen.eu

Phone: +420775396007

www.lostgen.eu

('seller')

  1. These Terms and Conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside his business as a consumer or in the course of his business (hereinafter referred to as "buyer") through a web interface located on the website available at www.lostgen.eu (hereinafter referred to as "online shop").
  2. The provisions of the terms and conditions are an integral part of the purchase agreement. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
  3. These terms and conditions and the purchase agreement are concluded in the Czech language.

II.

Information on goods and prices

  1. Information about the goods, including the prices of individual goods and their main features are listed for individual goods in the catalog of the online store. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if these goods cannot, by their nature, be returned by the usual postal route. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
  2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
  3. Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on the costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech and Slovak Republics.
  4. Any discounts with the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III.

Order and conclusion of the purchase contract

  1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
  2. The buyer orders the goods in the following ways:
  • through his customer account, if he has previously registered in the online store,
  • by filling in the order form without registration.
  1. When placing an order, the buyer chooses the goods, the number of goods, the method of payment and delivery.
  2. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the Complete order button The data stated in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
  3. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation shall be deemed to constitute the conclusion of the contract. The current business conditions of the seller are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
  4. If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the buyer's confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.
  5. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer may cancel the order by phone to the phone number or email of the seller specified in these terms and conditions.
  6. In the event that there is an obvious technical error on the part of the seller when stating the price of the goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this clearly erroneous price. The seller informs the buyer of the error without undue delay and sends the buyer to his email address an amended offer. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

IV.

Customer account

  1. Based on the buyer's registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
  2. When registering in a customer account and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account upon any change thereof. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
  3. Access to the customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
  4. The buyer is not entitled to allow the use of the customer account to third parties.
  5. The seller may cancel the user account, especially if the buyer does not use his user account any longer, or if the buyer breaches his obligations under the purchase contract and these terms and conditions.
  6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

V.

Terms of payment and delivery of goods

1.1. Ownership of the goods is acquired by the Buyer upon full payment of the Purchase Price of the goods. To pay the Purchase Price for the goods, the Buyer may use the following payment methods:

  • 1.1.1. payment by bank transfer to the Seller's account using the GoPay payment gateway, which will be communicated to the Buyer together with the Order confirmation (hereinafter referred to as the "Seller's Account") or
  • 1.1.2. cash on delivery, ie. cash payment upon receipt of the goods from the carrier at the place specified by the Buyer in the Order,
  • 1.1.3. payment in cash upon personal handover of goods.
    1. If it is customary in the Business course or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made under the Purchase Agreement. The seller is not a payer of value added tax. The tax document – invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's Electronic Address.
    2. Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.
    3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within three days of the conclusion of the purchase contract.
    4. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
    5. 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 bank account.
    6. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.
    7. The goods are delivered to the buyer:
    • to the address specified by the buyer of the order
    • through a parcel dispensary to the address of the dispensary designated by the buyer.
    1. The choice of delivery method is made during the ordering of goods.
    2. The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the buyer's order and in the order confirmation by the seller. If 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.
    3. If the seller is obliged under the purchase contract 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. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
    4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
    5. The seller will issue a tax document - invoice to the buyer. The tax document is attached to the delivered goods.
    6. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
    7. If you have chosen cash on delivery, please note that if you do not accept the shipment, we are entitled to recover the costs of transport and packing from the client.

    WE.

    Withdrawal from the contract

    1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
    2. According to the law, the withdrawal period is 14 days, which is extended to 30 days for the e-shop [][012731 012755].
    • from the date of receipt of the goods,
    • from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
    • from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
    1. The buyer cannot, among other things, withdraw from the purchase contract:
    • the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
    • on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,
    • the supply of alcoholic beverages, which can be delivered only after thirty days and the price of which depends on financial market fluctuations independent of the seller's will,
    • on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
    • the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,
    • delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return,
    • delivery of an audio or video recording or computer program, if it has broken their original packaging,
    • delivery of newspapers, periodicals or magazines,
    • delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
    • in other cases specified in § 1837 of the Civil Code.
      1. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
      2. To withdraw from the purchase contract, the buyer can use the standard withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will confirm to the buyer the receipt of the form without delay.
      3. The buyer who withdraws 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 associated with returning the goods to the seller, even if the goods can not be returned due to their nature by regular mail.
      4. If the buyer withdraws from the contract, the seller shall return to him immediately, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs received from him, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if he does not incur additional costs. If the order was paid for by a Gift Card: the relevant amount will be refunded in the form of issuing a new gift card.
      5. If the buyer has chosen other than the cheapest method of delivery of the goods offered by the seller, the seller will return to the buyer the cost of delivering the goods in the amount corresponding to the cheapest offered method of delivery of the goods.
      6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
      7. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for damages caused to the goods against the buyer's claim for a refund of the purchase price. ̈ For hygienic reasons, it is not possible to replace or return underwear.
      8. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and return within 14 days of the notice of withdrawal from the Purchase Agreement all funds, including delivery costs, received from him under the contract, in the same way or in the manner specified by the Buyer.

    VII.

    "Simple return" option during the withdrawal period

    1. Basic provisions: The Buyer may purchase together with the goods a separate additional paid service consisting in the possibility for the Buyer who decides to return the goods within the withdrawal period to bring the packaged goods and a document proving the purchase of the goods and services to any branch of the Seller's contractual partner (hereinafter referred to as the "service). The parties to this relationship are the Seller as the service provider and the Buyer as the ordering party of the service, the terms and conditions under this Article VII. will apply to all transactions relating to the service. This service only solves transportation. Other matters such as the refund of the purchase price or complaints are dealt with separately according to the relevant (other) provisions of these Terms and Conditions.
    2. The Contract for the Provision of Services is concluded when the Buyer confirms the Contract with the order of goods offered by the Seller in the so-called Contract for the Provision of the Service. cart and service and the Seller issues an invoice to him, and the Buyer pays it.
    3. Service description: The Seller guarantees to the Buyer that it will allow him more convenient return (transport) of the goods without giving a reason within 30 days of receipt of the goods, under the conditions specified below, if the customer requests such return, ie. uses the service, within the period specified below. This service is non-transferable (can only be purchased by the Buyer), applies only to the goods within the order for which this service was purchased and can only be used once.
    4. Terms of use of the service: The Seller is obliged to provide the service, i.e. to provide the Buyer with the possibility of more convenient return (transport) of the purchased goods without giving a reason within the period below, see below, only if:
    • The Buyer orders the service on the date when this service is offered, but no later than when purchasing the goods to which the service relates;
    • The buyer shall pay for the service properly and on time;
    • The buyer does not withdraw from the contract for the purchase of the goods to which the service relates before the service is applied;
    • The Buyer shall apply the service no later than the 30th day from the receipt of the goods that are part of the order to which the service applies in person at one of the Provider's branches, or branches of its contractual partners, as Zásilkovna.cz, within regular opening hours;
    • The buyer shall not damage the identification labels of the product to which the service relates, or otherwise unlawfully (inter alia, contrary to the rules of proper use of the product specified by its manufacturer) will not handle the product;
    • The buyer proves the entitlement to the service by the original tax document containing the relevant product and the related service;
    • Products intended for body care or hygiene must be unused with their packaging intact.
    1. Refund of the price of the service: If the Buyer is a consumer, he has the right to withdraw from the contract for the provision of services within the meaning of Section 1829 of the Civil Code, but in such a case he must also hand over all unjust enrichment back to the Seller at the latest at the time of withdrawal.

    VIII. Rights from defective performance

    1. 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:
    • the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the buyer or manufacturer, having regard to the nature of the goods and the advertising made by them,
    • the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
    • the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
    • the goods are in the appropriate quantity, measure or weight; and
    • the goods comply with the requirements of legal regulations.
    1. If a defect becomes apparent within six months of the buyer receiving the goods, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
    2. In the event of a defect, the buyer can submit a claim to the seller and demand:
    • Refund
    1. The buyer has the right to withdraw from the contract,
    • if the goods have a substantial defect,
    • if the item cannot be used properly due to the recurrence of the defect or defects after repair,
    • in case of a larger number of defects of the goods.
    1. The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer when the buyer exercised the right, what is the content of the complaint and what method of handling the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
    2. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller agrees with the buyer on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of the buyer's will (the exercise of the right from defective performance) to the seller is considered to be the moment of the claim.
    3. The seller informs the buyer in writing about the result of the complaint.
    4. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
    5. In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right with the seller within a period of one month after the expiry of the warranty period.
    6. The buyer has the choice of the method of complaint.
    7. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

    IX.

    Delivery

    1. The Contracting Parties may send all written correspondence to each other by electronic mail.
    2. The Buyer delivers correspondence to the Seller to the email address specified in these Terms and Conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

    X..

    Out-of-court dispute resolution

    1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.
    2. European Consumer Centre Czech Republic, with its 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 May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
    3. 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 Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection.

    XI..

    Final provisions

    1. All arrangements between the seller and the buyer with the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights under generally binding legislation.
    2. The seller is not in relation to the buyer bound by any codes of conduct within the meaning of § 1826 paragraph. 1 letter e) of the Civil Code.
    3. All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
    4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
    5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
    6. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
    7. 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.
    8. A sample form for withdrawal from the contract is attached to the terms and conditions.

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