Terms & Conditions

Terms & Conditions

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the company Zuzana Kotilova with registered office in Bělkovice-Lašťany, identification number: 06886663 (hereinafter referred to as "seller") regulate in accordance with Article 1751 (1) of Act no. 89/2012 Coll., Act No. 634/1992 Coll. on buyer protection (originally § 1751 odst. 1 zákona č. 89/2012 Sb., zák. č. 634/1992 Sb. o ochraně spotřebitele) as well as related legislation (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another buyer ”) through the seller's online store. The internet shop is operated by the seller on the website located at the internet address www.lantern-shop.com (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "shop web interface").

1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.

1.3. Provisions deviating from the business conditions can be agreed upon in the purchase contract. Deviating provisions in the purchase contract takes precedence over the provisions of the terms and conditions.

2. GOODS INFORMATION

2.1. All goods offered by the Seller through the online store www.lantern-shop.com are sold as old antique and used goods, which show various signs of wear and defects corresponding to the age, length and intensity of their previous use.

2.2. The description of the goods, their wear and defects are evident mainly from the attached detailed photos of the goods and also from its detailed textual description. The Seller openly describes the state of the offered goods so that the Buyer can make a qualified decision whether to buy the goods or not. The actual color of the goods may differ in part from the displayed photographs (eg depending on the calibration of the display of the specific computer or telephone from which the Order / Contract is executed).

2.3. With regard to the year of manufacture and the different degree of use, the Seller sells all offered goods / items exclusively and only for collecting purposes - as period decorations intended for display. If the Buyer decides to use the purchased goods / items in another way, to use them often or even carelessly, he does so at his own risk, because the service life of these items can of course be significantly shortened by their further use for the purposes for which they were originally intended - mostly due to natural degradation (aging) of the materials from which they were made.

3. USER ACCOUNT

3.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

3.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

3.3. Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

3.4. The buyer is not entitled to allow the use of the user account by third parties.

3.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates its obligations under the purchase agreement (including the terms and conditions).

3.6. The buyer acknowledges that the user account may not be available, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third-party hardware and software.

4. CONCLUSION OF THE PURCHASE AGREEMENT

4.1. All presentation of goods placed in the web interface of the store is of an informative character and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

4.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot, by their nature, be returned by regular mail. The prices of the goods are listed including all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.

4.3. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:

4.3.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

4.3.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods

4.3.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

4.4. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

4.5. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

4.6. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

4.7. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. 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, and these costs do not differ from the basic rate.

5. PRICE OF GOODS AND PAYMENT TERMS

5.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the Seller in the following ways:

5.1.1. cashless transfer to the seller's account, (hereinafter referred to as the "Seller's Account");

5.1.2. cashless via the integrated PayPal payment gateway (from a PayPal account or by payment card);

5.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packing and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

5.3. The seller is entitled to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

5.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account

5.5. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

5.6. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. After paying the price of the goods, the seller will send it to the buyer in electronic form at the buyer's electronic address. The seller is not a payer of value-added tax.

6. WITHDRAWAL FROM THE CONTRACT

6.1. As the buyer received the ordered goods via the transport service, the period for withdrawal from the contract is 14 days from the date of delivery.

6.2. If the Buyer fulfills all the requirements for withdrawal from the consumer contract concluded in a distanced manner and if he decides to withdraw within the above period, the following conditions must be met:

6.2.1. Send a letter (preferably by e-mail to old.lantern.shop@email.cz,) with the text: "Me". (name of the Buyer) I concluded contract no. (order / invoice number) with Zuzana Kotilová on DD.MM.YYYY. In connection with the provisions of Act no. No. 89/2012 Coll. on consumer contracts concluded by distance, I hereby unilaterally withdraw from the above contract, demand a refund of the amount paid for the goods to account number: ………………… / ……… and declare that I meet all legal requirements for this withdrawal from the contract under the relevant legislation".

6.2.2. In the case of a written copy of the letter, the Buyer is obliged to provide the letter with the appropriate date and handwritten signature.

6.2.3. Goods sent and delivered back to the Seller's address must be undamaged, complete (including accessories, instructions, etc.) and with a copy of the proof of purchase. In the event of non-compliance with any of the above requirements, the Seller has the right to reject the returned goods or to reduce the amount for which the goods will be returned.

6.2.4.     All costs associated with the transport of goods within the withdrawal from the contract shall be borne by the Buyer.

6.2.5. The possibility to withdraw from the contract does not apply to goods modified according to the Buyer's wishes and other goods that cannot be returned to their original condition before purchase.

7. DELIVERY TIME AND TERMS OF DELIVERY

7.1. The Seller sends the goods purchased by the Buyer through the carrier, which is the Czech Post, Packeta.com, or another carrier at the request of the Buyer. The Seller will fulfill the delivery of the goods by handing over the goods to the carrier, thus also passing the risk of damage to the goods to the Buyer. The goods ordered by the Buyer are securely packed by the Seller and handed over to the carrier 2.-4. the day after receiving the purchase price in full (incl. selected postage). Delivery time varies according to the final address of the Buyer. The general delivery time is 3-50 days.

7.2. The seller reserves the right to extend the delivery time of the goods to a period of up to 120 days in the event of unforeseen events. In such a case, the Buyer will be informed of the longer delivery time by e-mail.

7.3. If the Seller returns the shipment as undelivered for any reason, the Seller will send the Buyer an e-mail requesting confirmation of the correctness of the delivery address provided by the Buyer in the order or notification of another valid delivery address. In the case of re-delivery of goods, the Buyer is always obliged to pay the postage to the Seller's bank account in advance, then the Seller will resend the shipment to the Buyer.

7.4. 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 event of finding a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier. By signing the delivery note, the Buyer confirms to the carrier that the consignment of goods met all the conditions and requirements and any subsequent claims regarding the violation of the packaging of the consignment cannot be taken into account.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

8.1. The Seller is responsible to the Buyer for ensuring that the goods are free from defects other than the corresponding degree of use or wear, which the goods have due to their age and which the Seller informed the Buyer in advance through the description of goods (detailed photos and text description):

8.1.1. the characteristics agreed by the parties and, in the absence of an agreement, the characteristics described by the Seller or expected by the Buyer with regard to the nature of the goods;

8.1.2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used;

8.1.3. the goods are in the appropriate quantity, measure or quality;

8.1.4. the goods comply with the requirements of legal regulations.

8.2. 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.

8.3. The Buyer's right to defective performance is based on the defect that the goods have when taken over by the Buyer. If the defect becomes apparent within six (6) months of receipt, it is considered that the goods were defective at the time of receipt.

8.4. If the defective performance is a material breach of contract, ie such a breach of which, if the Buyer knew before the purchase, he would not make the purchase, the Buyer has the right:

8.4.1. to eliminate the defect by delivering the missing item;

8.4.2. to eliminate the defect by repairing the thing;

8.4.3. at a reasonable discount from the purchase price;

8.4.4. to withdraw from the contract.

8.5. If the defect is remediable, the Buyer may demand either repairs or additions to what is missing, or reasonable discounts on the purchase price. If the defect cannot be eliminated and the goods cannot be used properly for it, the Buyer may either withdraw from the contract or demand a reasonable discount from the purchase price.

8.6. If the defective performance is a minor breach of contract, the Buyer has the right to eliminate the defect or a reasonable discount on the purchase price.

8.7. The Buyer shall inform the Seller which right he has chosen when notifying the defect or without undue delay after notifying the defect. The Buyer cannot change the choice without the consent of the Seller. If the Buyer does not report the defect without undue delay after the defect has occurred on the goods, he loses his right to a material breach of contract and can continue to exercise only the rights arising from the defect, which is a minor breach of contract.

8.8. The Buyer exercises the rights arising from defective performance with the Seller electronically to the email address old.lantern.shop@email.cz.

9. COMPLAINTS OF GOODS

9.1. The Seller is not liable for defects corresponding to the degree of use or wear and tear that the item had when taken over by the Buyer. This rule does not mean that the Buyer loses the rights from any defects that may occur in the purchased used goods offered by the Seller. Pursuant to the provisions of § 2167, the Buyer has the right from those defects of things that do not correspond to the use and also from defects of which he did not know or about which he was not informed by the Seller. If there is a remediable or irremediable defect meeting the previous definition on the purchased used items, this is a defect of which the Seller is obliged. In that case, the Buyer has the right to have the Seller give him a reasonable discount or has the right to withdraw from the Contract.

9.2. Complaints do not apply to cases where the defect or damage to the goods was caused by demonstrable misuse or in conflict with the Seller's recommendation or other misconduct of the Buyer; when there has been demonstrable tampering with the goods; when there were defects caused by natural disasters.

9.3. In the event of a complaint during the warranty period, the Buyer may inform the Seller by the following option: ‘

9.3.1. to the e-mail address old.lantern.shop@email.cz

9.4. Complaints, including defects, will be settled without undue delay, no later than 30 days from the date of the complaint.

9.5. Therefore, all offered goods are offered / sold by the Buyer, who are consumers, in accordance with the law, with a shortened warranty period of 12 months. The warranty period arises upon receipt of the goods by the Buyer from the carrier. In addition to the GTC, the shortened warranty period is also stated in the tax document issued by the Seller. The warranty period starts from the day the goods are handed over to the Buyer by the carrier. By accepting the goods, the customer confirms his agreement with the terms and conditions.

9.6. The Czech Trade Inspection Authority, Company Identification Number: 000 20 869, with its registered office at Štěpánská 567/15, 120 00 Prague 2, email address: coi.cz, is entitled to resolve the out-of-court settlement of consumer disputes arising from the purchase contract.

9.7. In the event that the dispute is not settled out of court, mutual disputes between the Seller and the Buyer are resolved by the general courts. The applicable law for resolving disputes in the case of concluding a contract with a foreigner is exclusively Czech.

10. PERSONAL DATA / DATA PROCESSING

10.1. The handling of personal data / data of the Buyer is governed by Act No. 101/2000 Coll., On the protection of personal data, as amended, and other legal regulations valid in the Czech Republic (GDPR). The provision of personal data / data to the Seller is voluntary and the Buyer is entitled to the protection of rights to the extent stipulated by law. By concluding the contract, the Buyer confirms that the personal data he has provided is true and agrees that the data provided by the Seller will be processed and stored in accordance with the Personal Data Protection Act and the General Regulation on Personal Data Protection.

10.2. The Seller declares that all personal data of the Buyer will be used only to perform the contract and will not be otherwise disclosed or provided to a third party; with the exception of the situation related to distribution or payment concerning the ordered goods (communication of the name and address of delivery). Protection of personal data

10.2.1. Zuzana Kotilová with its registered office at Bělkovice-Lašťany 674, Bělkovice-Lašťany, IČ: 06886663 as a controller of personal data (hereinafter referred to as the “controller”) in accordance with the provisions of Article 13 et seq. 4. 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter the "General Data Protection Regulation"), informs about the basic principles and principles on the basis of which it processes personal data.

10.2.2. Personal data is processed by the administrator on the basis of the performance of the contract only for the necessary period.

10.2.3. The administrator processes the following personal data:

 10.2.3.1. name and surname

10.2.3.2. contact address

10.2.3.3. phone number

10.2.3.4. email address

10.2.3.5. Bank account number

10.3. If the administrator processes your personal data, you have the right to:

10.3.1. request information from the administrator about the processing of your personal data

10.3.2. request access to your personal data processed by the administrator

10.3.3. request the correction of inaccurate personal data (if you believe that your personal data processed by the administrator is inaccurate)

10.3.4. request the deletion of your personal data processed by the administrator, or request restrictions on their processing in accordance with the relevant legal basis for the processing of personal data

10.3.5. raise an objection to the processing of personal data by the controller

10.3.6. require the portability of personal data that you have provided to the administrator

10.3.7. submit a complaint to the supervisory authority.

10.4. You can contact the administrator of personal data at the postal address Bělkovice-Lašťany 674, 783 16 Bělkovice-Lašťany, by email: old.lantern.shop@email.cz.

11. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

11.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.

11.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded by the provisions of the law which cannot be derogated from by contract and which would otherwise apply in the absence of a choice of law under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. The choice of law under Article 12.1 of the Terms and Conditions does not deprive the consumer of the protection afforded by the provisions of the law which cannot be derogated from by contract and which would otherwise apply under Article 6 (1) of Regulation Council Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.4. The purchase contract, including business conditions, is archived by the seller in electronic form.

12.5. The seller reserves the right to change these terms and conditions without prior notice.