TERMS AND CONDITIONS

Love Lili s.r.o., ID No.: 072 09 461,

with its registered office at Holušická 2253/1, 148 00 Prague 4 – Chodov, registered in the
Commercial Register maintained 
by the Municipal Court in Prague, Section C, Insert 296692

(hereinafter the “Company”)

for the sale of goods via an online store located at the following internet address: www.lovelili.cz

I. Initial Provisions

1. These general terms and conditions (hereinafter the “GTC”) of the Company regulate in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”) mutual rights and obligations of contracting parties in relation with or on the basis of a purchase agreement (hereinafter the “Agreement”) concluded between the Company as the seller and a customer as the buyer (hereinafter the “Customer”), the Company and the Customer hereinafter collectively the “Contracting Parties”) via the internet store of the Company which is operated by the Company at its internet address www.lovelili.cz, specifically via a web interface (hereinafter the “store’s web interface”).

2. These GTC further regulate the rights and obligations of the Contracting Parties arising in relation with or on the basis of using the Company’s website located at www.lovelili.cz  (hereinafter the “website”).

3. These GTC form an integral part of the Agreement. The Agreement and the GTC have been compiled in the Czech langauge. The Agreement may be concluded in the Czech language.

4. By ticking off the given field in the Agreement, the customer confirms to have made himself/herself familiar with the wording of the GTC and to agree to them.

5. The provisions included in the Agreement shall have precedence over the provisions of the GTC.

II. Registration and the user account

1. On the basis of the Customer’s registration performed via the website, the Customer may access his/her user interface from which the Customer may place orders of goods (hereinafter the “Customer’s user account”).

2. Neither the Customer’s registration nor the creation of the Customer’s user account represent conditions for the order of goods to be placed via the website, since the Customer may place an order of goods without any registration directly from the store’s web interface.

3. As part of the registration on the website and while ordering the goods, the Customer is obliged to provide all the details in a correct and truthful manner. The Customer is also obliged to update the details included in the Customer’s user account upon any change in these details. Teh details provided by the Customer in the Customer’s user account and those specified while placing an order of the goods are considered by the Company as correct and the Company is not obliged to verify them in any manner.

4. The Customer’s user account is secured by the user name (e-mail address) and the password. The Customer acknowledges that the Company is not responsible for the violation of the Customer’s obligation to maintain confidentiality in relation to the access details of the Customer to the Customer’s user account.

5. The Company is entitled to cancel the Customer’s user account especially in cases, but not only limited to these, when the Customer’s user account had not been used for a period exceeding 12 months, or if the Customer violates any of his/her obligations arising from the Agreement or the GTC.

6. The Customer acknowlesges that the Customer’s user account may not be accessible continuously, especiallly due to the maintenance of hardware and software equipment of the Company or for reasons based in the manitenance of hardware and software equipment of third parties.

III. Conclusion of the Agreement

1. The store’s web interface contains a list of goods offered by the Company for sale including the specification of the prices of individual items of goods. The prices of goods are specified in Czech crowns (CZK) including the value added tax and related fees. The price of the goods does not include the costs for packaging and postage fees necessary for delivering the goods.

2. The list of goods offered by the Company publicly available within the store’s web interface and the prices of such goods are valid for the period during which they are displayed in the store’s web interface.

3. The presentation of goods included in the store’s web interface only represents an informative character, and the Company is not obliged to conclude the Agreement in relation to such goods.

4. The store’s web interface further includes information related to the costs associated with the packaging and delivery of goods to the countried of European Union.

5. To place an order, the Customer shall complete an order form in the store’s web interface. The order form particularly contains:

i.) information on the ordered goods which the Customer shall “place” in the electronic shopping cart of the store’s web interface.

ii.) invoicing details of the Customer,

iii.) information on the requested delivery of the ordered goods,

iv.) information on the manner of paying the purchase price of the ordered goods,

v.) information on costs related to the delivery of goods

(hereinafter collectivelly the “Order”).

6. Prior to placing the Order towards the Company, the Customer is able to review, or potentially also change or rectify the details included in the Order. The Customer shall place the Order towards the Company by clicking the “FINALIZE” button. The details included in the Order are considered by the Company as being correct.

7. Without undue delay after receiving the Order, the Company shall confirm to the Customer to have received the Order, namely via an email sent to the Customer’s email address specified in the Order or in the Customer’s user account. Based on the Order’s character (amount of goods, purchase price of the goods, expected costs for transportation), the Company is entitled to ask the Customer to additionally confirm the Order, namely in writing by sending an email to the Company’s email address info@lovelili.eu.

8. The contractual relationship between the Company and the Consumer is established on the moment when the Customer receives an acceptance of the Order from the Company which shall be sent to the Customer by electronic mail to the Customer’s email address specified in the Order or in the Customer’s user account.

9. The Customer agrees to the use of remote communication means during the conclusion of the Agreement. The expenses arising for the Customer when using remote communication means in relation to the conclusion of the Contract shall be paid by the Customer himself/herself.

10. The Customer acquires the ownership title to the goods by taking over the goods. However, this approach does not apply if the Customer fails to pay the purchase price including any potential costs for the deliver of goods in their full amounts as of the moment of taking over the goods. In such a case, the Customer acquires the ownership title to the goods on the moment of paying the purchase price including any potential costs for the deliver of goods in their full amounts.

IV. Price of the goods and payment conditions

1. The price of the goods is specified in Czech crowns (CZK) including the value added tax and related fees. The price of the goods does not include the costs for packaging and postage fees necessary for delivering the goods.

2. The price of the goods included in the store’s web interface is valid for the period during which it is displayed in the store’s web interface

3. The price of the goods and the costs related to the delivery of the goods in accordance with the Agreement may be paid to the Company in the following manners:

i.) by a bank transfer to the Company’s account No. 5322449399/0800 when paying in CZK or account No. 2017907273/0800 when paying in EUR maintained by ČESKÁ SPOŘITELNA.

ii.) by paying in a cashless manner by using a payment system of a third party,

iii.) by paying in a cashless manner in some of the Company’s offered cryptocurrencies (e.g. Bitcoin),

iv.) in cash or by payment card in the Company’s store in case of picking up the ordered goods in person.

4. The Customer is obliged to pay to the Company both the purchase price and the costs related to the packaging and delivery of goods in the agreed amounts.

5. In the case of any cashless manner of payment specified in par. 3 letters i.) to iii.) of this Article, the price of the goods including the costs related to the packaging and delivery of goods is due within 48 hours from the moment when the Agreement had been concluded, and the Customer’s obligation to pay the price of the goods including the costs related to the packaging and delivery of goods is considered to be fulfilled at the moment when the given amount is credited to the Company’s account. In the case of a payment under par. 3 pint iv.) of this Article, the price of the goods including the costs related to the packaging and delivery of goods is due on the moment of taking over the goods at the latest.

6. In the case of any cashless manner of payment specified in par. 3 letters i.) to iii.) of this Article, the Customer is obliged to specify the variable symbol of the payment while making the payment.

7. If generally binding legislation provides so or if it is a common practice during commercial transactions, the Company shall issue a tax document – an invoice – to the Customer in relation to the payments performed on the basis of the Agreement. The Company is not a payer of the value added tax. The tax document – the invoice – shall be issued by the Company to the Customer after the moment the Customer pays the price of the goods including the costs related to the packaging and delivery of goods, and it shall be sent to the Customer in an electronic form to the Customer’s email address specified in the Order or in the Customer’s user account.

8. In accordance with Act No. 112/2016 Coll., on registration of sales, as amended, the Company is obliged to issue a receipt to the Customer and to register the received amount with the tax administrator in an online form; if there is a technical outage of the system, then no later than within the following 48 hours. The Customer agrees to the issuance of the receipt in an electronic form.

V. Transportation and delivery of goods

1. The options and manners of goods delivery are determined by the Company, unless the Agreement specifies otherwise. If the manner of delivery is agreed upon between the Company and the Customer in the Agreement in accordance with a Customer’s special request, then the Customer shall bear the risk and pay any potential additional costs related to this manner of goods delivery.

2. If the Company is obliged under the Agreement to deliver the goods to the Customer to a location determined by the Customer in the Order, then the Customer is obliged to take over the goods at such a location selected by the Customer. If the Customer fails to take over the goods during the delivery, then the Company is entitled to demand to be paid a fee for occurred costs for transportation and the Company is further entitled to withdraw from the Agreement in such a case.

3. If for reasons on the part of the Customer, it is necessary to deliver the goods to the Customer repeatedly or in a different manner that the one specified in the order, then all the costs related to repeated delivery of goods in such a case and any potential costs related to a different manner of goods delivery shall be borne by the Customer, and the Customer is obliged to pay them.

4. When taking over the goods from the carrier, the Customer is obliged to inspect the intactness of the goods package, and if there are any defects in this manner, then the Customer is obliged to notify  the carrier of such a fact without delay. If the Customer uncovers a breach in the package which suggests an authorized penetration of the shipment, then the Customer is not obliged to take over the goods from the carrier. By signing the delivery note, the Customer confirms that the packaging of the shipment containing the goods had not been violated.

VI. Withdrawal from the Agreement

1. The Customer acknowledges that he/she cannot withdraw from the Agreement in cases specified in Section 1837 of the Civil Code. The Customer cannot withdraw from the Agreement:

i.) for the provision of services if they were performed with his/her prior express consent before the end of the time limit for withdrawal from the Agreement and the Company informed the Customer before concluding the Agreement that he/she shall thereby lose the right of withdrawal from the Agreement,

ii.) for the supply of goods or a service whose price depends on fluctuations of the financial market which are beyond the control of the Company and which may occur during the time limit for withdrawal from the Agreement,

iii.) for the supply of alcoholic beverages which can only be supplied after thirty days and whose price depends on fluctuations of the financial market which are beyond the control of the Company,

iv.) for the supply of goods which were customised or personalised for the Customer,

v.) for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply,

vi.) for repair or maintenance work carried out at the place designated by the Customer at his/her request; however, this does not apply in the case of subsequent unsolicited repairs or supply of unsolicited spare parts,

vii.) for the supply of sealed goods which were unsealed after supply by the Customer and which are not suitable for return due to hygiene reasons,

viii.) for the supply of audio or video recordings or computer software whose original seal was unsealed after supply,

ix.) for the supply of newspapers, periodicals or magazines,

x.) for accommodation, transport, catering or leisure activities where the Company provides the performances at a specific date,

xi.) concluded at a public auction in accordance with the statute governing public auctions, or

xii.) for the supply of digital content which is not supplied on a tangible medium if it was supplied with the prior express consent of the Customer before the time limit for withdrawal from the Agreement and the Company informed the Customer before concluding the Agreement that he/she shall thereby lose his/her right of withdrawal from the Agreement.

2. If the Customer is in a contractual relationship with the Company in the position of a consumer within the meaning of Section 419 of the Civil Code, then the Customer may in accordance with Section 1829 par. 1 of the Civil Code withdraw from the Agreement by an unilateral declaration within the period of 14 days after taking over the goods, and if the subject matter of the Agreement consisted of several types of goods or a delivery of several parts, then this period shall commence on the day when the Customer took over the last delivery of the goods. The withdrawal from the Agreement shall be sent by the Customer to the Company within the period for the withdrawal from the Agreement under the previous sentence. The Customer may use the „Form for withdrawal from the agreement“ for the purposes of withdrawing from the Agreement which is provided by the Company and is accessible on the Company‘s website. The Company recommends to send the wathdrawals from the Agreement to the following address: Love Lili s.r.o., V Kotcích 1023/12, 110 00 Prague 1.

3. If the Customer withdraws from the Agreement in accordance with par. 2 of this Article, the Agreement is considered to be null right from the beginning and the Customer is obliged to return the goods to the Company without undue delay, but no later than within 14 days after sending the withdrawal from the Agreement to the Company. The costs for the return of the goods to the Company, which applies to all the cases of returning the goods, shall be borne by the Customer in such a case.

4. If the Customer withdraws from the Agreement in accordance with par. 2 of this Article, the Company shall return to the Customer the financial means received from the Customer within day after the moment when the Customer withdrew from the Agreement, and the Company will do so in the same manner in which the Company had received the financial means from the Customer, with the exception of a cashless payment of the price of the goods in a cryptocurrency under Article IV par.

3 letter iii.) of these GTC; in such a case, the price of the goods may only be returned to the Customer in the currency which is specified in the tax document – in the invoice, i.e. in Czech crowns, and exclusively in the amount specified in the tax document – in the invoice. In the case when the Customer withdrew from the Agreement, the Company may return the financial means received from the Customer in a different manner only if the Customer agrees to it and if the Customer suffers no additional costs by such an approach. The Customer is only entitled to receive a reimbursement of costs related to the delivery of the goods in the amount corresponding to the cheapest offered manner of goods delivery.

5. If the Customer withdraws from the Agreement, the Company is not obliged to return the financial means received from the Customer to the Customer prior to the moment when the Customer returns the goods to the Company or prior to the moment when the Customer provides evidence that he/she had sent the goods back to the Company.

6. The Customer is obliged to return the goods to the Company undamaged and not worn down and, if its possible, also in the original packaging. If the goods returned by the Customer is damaged, worn down or partially consumed, then the Customer is liable towards the Company for the decrease in value of the goods which occurred as a result of handling the goods in such a manner different than the manner necessary for making himself/herself familiar with the nature and characteristics of the goods including its functioning.

7. The Company is entitled to withdraw from the Agreement in the case that the goods are not at Company’s stock and if the goods which is the subject matter of this Agreement had not been delivered to the Company from its supplier even after the expiration of a 30-day period after the moment when the Agreement had been concluded. If the Company withdraws from the Contract under the previous sentence, then the Company shall return to the Customer the price of the goods including any potential costs for the delivery of the goods paid by the Customer without undue delay, namely in the cashless form to the bank account specified by the Customer.

8. The Company is further entitled to withdraw from the Agreement if the Customer fails to pay the price of the goods and any potential costs related to the delivery of the goods in accordance with Article IV of these GTC.

9. If the Customer had purchased the goods in the Company’s shop, then the Customer is not entitled to withdraw from the Agreement.

VII. Liability for defects

1. The rights and obligations of the Contracting Parties related to defective performance shall be governed by the releavant generally binding legislation, especially the relevant provisions of the Civil Code.

2.  The Company guarantees to the Customer that the goods are free from defects. In particular, the Company guarantees to the Customer that the goods at the moment of their takeover by the Customer:

i.) possess characteristics which were negotiated between the Contracting Parties, and if there is no express arrangement, then such characteristics which were specified by the Company or the manufacturer or which were expected by the Customer with regard to the nature of goods and on the basis of advertisement presented by the Company or the manufacturer,

ii.) are suitable for the purpose specified by the Company for their use or the purpose for which the goods of this kind are usually used,

iii.) correspond in their quality and execution to the sample or template agreed upon, if the quality or execution were determined on the basis of a sample or template which the Contracting Parties agreed upon,

iv.) are in a corresponding amount, extent or weight,

v.) correspond to the requirements determined for them by legislation.

3. If the Customer purchases a displayed item of goods with a decreased price, then the Customer is not entitled to submit a complaint in relation to the defects for which the decreased price was negotiated between the Contracting Parties for the displayed piece of goods.

4. The provision of par. 1 of this Article shall not apply if the goods are sold for a decreased price when it comes to defects for which the decreased price of the goods was agreed upon, and also when it comes to the wear and tear to the goods resulting from common use of the goods, when it comes to the use, wear and tear if a used item is being sold up to the level which the goods had shown at the moment when the Customer took over the goods, and in cases when the defect results from the nature of the goods.

5. A defect to the goods is not established by, for example, a certain color or structural difference in the materials used to create the goods (e.g. leather). The Customer acknowledges that the characteristics, including the color characteristics, especially of natural materials (e.g. leather) may change as the time passes.

6. The Customer shall exercise his/her rights arising from the liability for defects towards the Company at the following address: Love Lili s.r.o., V Kotcích 1023/12, 110 00 Prague 1. For the purposes of resolving the complaint regarding the goods, it is necessary for the Company to receive the goods for assessment. The Company recommends to send the goods for assessment as part of the complaint proceedsings to the following address: Love Lili s.r.o., V Kotcích 1023/12, 110 00 Prague 1.

7. Further rights and obligations of the Contracting Parties for the matter of submitting a complaint in relation to the goods are specified in the “Complaint Rules” which is available on the website.

VIII. Additional rights and obligations of the Contracting Parties

1. The Customer acknowledges that the program equipment and all other parts forming the store’s web interface, including the photographs of offered goods are protected by copyright. The Customer undertakes not to perform any activities which would enable the Customer or third parties to illegitimately infringe or use without authorization the program equipment or any other parts forming the store’s web interface.

2. When using the store’s web interface, the Customer is not entitled to use any mechanisms, program equipment or any other approaches which may negatively impact the operation of the store’s web interface. The Customer acknowledges that the store’s web interface may only be used to the extent which does not infringe the rights of other customers and is in accordance with its purpose.

3. The Customer has been made familiar with the fact that the Company is not bound by any codes of behavior towards the Customer within the meaning of Section 1826 par. 1 letter e) of the Civil Code.

4. The Company shall not be held responsible for any mistakes arising as a result of third parties interfering with the website or due to the use of the website in conflict with its purpose.

5. The complaints raised by the Customer shall be resolved by the Company by using electronic communication means which had been sent to the following e-mail address: info@lovelili.eu. The Company shall send the information regarding the resolution of the complaint to the Customer’s e-mail address specified in the complaint.

6. When communicating with the Customer, the Company is entitled to request verification via identification details of the Customer. The Company is also entitled not to perform any act requested by the Customer until the legitimacy of satisfying the Customer’s request had been verified. In the case of insufficient proof or if there is any doubt regarding the correct identification of the Customer, the Company is entitled not to satisfy the Customer’s request.

7. The out-of-court resolution of the consumer disputes arising from the Agreement shall be handled by the Czech Trade Inspection, ID No. 000 20 869 with its registered office at Štěpánská 567/15, 120 00 Prague 2, www.coi.cz.

8. The Company is entitled to sell goods on the basis of a trade license and its activities are not subject to any further permission proceedings. The supervision is performed by the relevant trade licensing office within its official authorization.

9. To a limited extent, the Czech Trade Inspection performs supervision, among others, in relation to the compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

10. If the relationship associated with the use of the website or the legal relationship arising from the Agreement contains an international element, then the Contracting Parties have agreed that such a relationship is governed by the Czech legislation. This arrangement shall not affect the Customer’s (consumer’s) rights arising from generally binding legislation.

IX. Personal Data Protection

1. The protection of personal data of a Customer who is an individual is provided in accordance with the Regulation of the European Parliament and the Council No. 2016/679 of 27 April 2016 on the protection of individuals in relation to the processing of personal data and on the free movement of such data and on the annulment of Directive No. 95/46/ES (hereinafter the “GDPR”) and with its implementing legislation.

2. The information on the processing of the Customer’s personal data is included in a document titled “Consent to the processing of data for marketing purposes” which si accessible on the website.

3. If the Customer picks the goods up in person in the Company’s store, then the Customer’s personal data are also processed by CCTV systems in accordance with the information on the processing of personal data by CCTV systems included in a document titled “Information on the processing of personal data by CCTV systems” which is accessible on the website.

4. The supervision for the field of personal data protection is performed by the Office for Personal Data Protection.

X. Final Provisions

1. If any of the provisions of these GTC are or become invalid or ineffective, then these invalid or ineffective provisions shall be replaced by such a provision which shall correspond the most by its meaning tp the invalid or ineffective provision. The invalidity or ineffectiveness of any of the provisions of these GTC shall not affect the validity of the other provisions of these GTC.

2. All changes and amendments to these GTC or the Agreement shall be compiled in a written form.

3. The Company is entitled to update the text of these GTC and such a new wording of the given documents is binding for the following contractual relationships arising from the Agreement or in relation thereto as of the moment of the effect of the new wording.

4. The Agreement is archived by the Company in an electronic form and is not accessible.

5. The publishing of the GTC: These GTC are accessible on the following website www.lovelili.cz.

6. Contact details of the Company:

Address for deliveries:

LOVELILI Rytířská 11, 110 00 Prague 1;
e-mail: info@lovelili.eu.

7. These GTC come into effect on 1 October 2020

In Prague on 1 October 2020
Love Lili s.r.o.