General terms of service
I. Opening provisions
1. These general terms of service (hereinafter "terms of service") are issued as per the Article 1751 and the Law no. 89/2012 Coll of the Civil Code (hereinafter "Civil Code")
VAT ID: CZ7403063470
with its headquarters at Davídkova 642/37, 180 00 Praha 8
registered at the Tax Office for main city Prague, the Labor Office for Prague 8, Trojská 13a
phone: 603 554 589
(hereinafter referred to as "the seller")
- These Terms of Service set out rights and obligations of Seller and a person signing a purchase contract outside of his or her business activity in the role of a consumer, or as a part of his or her business activity as an entrepreneur (hereinafter referred to as "the buyer"), using a web interface accessible through the address www.li-go.com (hereinafter referred to as "the e-shop").
- Provision of terms of services is a mandatory part of a purchase contract. Contractual arrangements in the purchase contract have the priority over provisions stated in Terms of Service.
- Terms of Service and the purchase contract are concluded in the English language.
II. Information regarding costs and goods
- Information about offered goods, including the costs of each individual shop item, and all main features of the item, are displayed for each item in a product catalogue of E-shop. All prices of the goods are displayed including the value-added tax. Costs do not include any related fees and expenses regarding the shipment or potential returns. Prices of the goods should remain in effect as long as they are displayed on the e-shop. This provision does not exclude purchase contracts concluded under individually negotiated terms.
- Any promotional information about the goods, published in the e-shop's catalogue, is of an informative nature only and Seller is not obligated to conclude a purchase contract regarding such goods.
- All information regarding shipping and packaging costs are published on the e-shop.
- Any potential discounts cannot be combined with the exception of an individually negotiated agreement between the seller and the buyer.
III. Purchase order and purchase contract conclusion
- All expenses caused by the use of communication devices regarding the purchase contract conclusion ( internet connection fees, telephone service fees) are covered by the buyer. Such expenses stay the same as the standard rate.
- The buyer creates the order by following methods
- using his/her customer account following registration on the e-shop
- filling an order form without a registration
- The order creation consists of choosing the goods, a quantity of the goods, a payment method and a shipping method.
- Prior to confirmation of the order, the buyer is allowed to control or change any information filled into the order. The order is sent to the seller by clicking the "Confirm and proceed to payment" button. The data contained in the order are considered as correct by the seller. The order confirmation is conditional on filling all compulsory data into the order form and confirmation of the buyer that he/she familiarized himself/herself with the terms of conditions.
- Immediately after receiving the order, the seller issues a confirmation of receiving the order. The confirmation is sent to the e-mail address provided in the order form and an advance invoice is issued. The purchase contract is concluded by confirmation of the order by the seller, and by sending the advance invoice to the seller's e-mail address.
- If any requirement listed in the order cannot be fulfilled by the seller, the seller sends an amended order to the buyer's e-mail address. The amended order is considered as a new purchase contract offer concluded by the buyer's confirmation of receiving the amended order, sent to the e-mail address the amended order was sent from.
- All orders accepted by the seller are binding. The buyer can cancel the order anytime between the sending of the order and the receiving of the order confirmation. The buyer can cancel the order by phone, using a phone number or e-mail address provided in these terms of service.
- In cases of technical issues encountered during the price display or during the order creation, the seller is not obligated to deliver the goods for the erroneous price. This provision also applies for cases where the automatic order confirmation was sent in accordance with the terms of service. The seller will immediately inform the buyer about the mistake and will send an amended offer to the buyer's e-mail address. The amended offer is considered as a new purchase contract offer concluded by the buyer's confirmation of receiving the goods sent to the seller's e-mail address.
IV. Customer account
- Based on a registration done on the e-shop the buyer can access his or her customer account. The user can order goods from the account. The buyer can also order goods without registration.
- During the registration, the buyer is obligated to provide truthful and correct information. All provided data must be updated in case of any changes. Data provided during the registration are considered true and correct by the seller.
- The access to the customer account is secured by a login and a password. The buyer is obligated to maintain confidentiality regarding the information necessary for accessing his or her customer account. The seller does not take any responsibility for any unauthorized use of the customer account by third-party persons.
- The buyer is not allowed to allow third-party access to his or her customer account.
- The seller reserves the right to suspend or delete customer accounts in the case of long-term inactivity, violations of the buyer's purchase contract obligations or violations of the terms of service.
- The buyer acknowledges that the customer account may not be accessible indefinitely, especially when considering any required maintenance of the seller's equipment or any of the third-party equipment
V. Terms of payment and delivery
- Price of the goods and any other expenses related to the delivery of the goods can be paid by one of the following payment methods:
Payment in EUR:
account number: 226250782/0600
IBAN: CZ37 0600 0000 0002 2625 0782
bank name: MONETA Money Bank, a.s.
- Aside from the price of the goods, the buyer is obligated to pay a negotiated shipping and packaging costs. The price of the goods includes costs related to shipping and packaging, if not stated otherwise.
- In the case of payment by bank transfer, the payment is due in 14 days following the purchase contract conclusion.
- In the case of payment using a payment gateway, the buyer shall follow the instructions of the service provider.
- The buyer's obligation to pay the price of the goods is considered fulfilled when the corresponding sum of money is credited to the seller's account.
- The ordered goods are shipped only after the purchase price is paid in full.
- Under the Sales Record Act, the seller is obligated to issue a receipt for the seller. The seller is also obligated to record the payment online for tax administration; in case of technical issues, by 48 hours at the latest.
- The goods are delivered:
- to the address provided with the order
- via personal pickup at the seller's office. The seller will inform the buyer via phone or e-mail once the goods are ready for pickup.
- The delivery method is chosen during the order process.
- Costs and expenses related to the preferred delivery method are listed in the purchase order and in the order confirmation. If the buyer negotiates a custom delivery method, all expenses and costs related to the delivery method are within the responsibility of the buyer.
- If the seller is obligated to deliver the goods to an address specified by the seller, the seller must pick up the goods at the same address. If the goods need to be delivered repeatedly due to reasons caused by the buyer, or a delivery method differing from the method listed in the order was used, the buyer is obligated to cover all expenses related to repeated delivery attempts or different delivery methods.
- During the delivery pick-up, the buyer is obligated to inspect the delivery for damage. Any damage found must be immediately reported to the delivery service. The buyer does not have to accept the delivery if the packaging is damaged or shows any signs of unauthorized intrusion.
- The seller issues an invoice. The invoice is sent to an e-mail address provided by the buyer.
- The ownership right is conferred by paying the whole purchase cost of the goods including shipping costs and, at the earliest, by collecting the goods. Responsibility for any damage, destruction or loss of the goods is transferred to the buyer at the time of the taking over or at the time when the buyer is obligated to collect the delivery but violated the purchase contract by not doing so.
VI. Purchase contract cancellation
- The buyer, acting as a consumer outside of his or her business activity, has the right to cancel the purchase contract.
- The contract withdrawal period is 14 days counted from
- the day of the delivery takeover
- the day of the last delivery takeover if the contract contains several types of goods or a single delivery divided into multiple parts.
- the day of the first deliver takeover if the contract contains a continuous repeated delivery of the goods
- The buyer's right to contract withdrawal does not apply to:
- orders of goods or services whose price is a subject to change according to a current situation on financial markets that cannot be influenced by the seller, and if such change occurs within the withdrawal period
- orders of goods that were customized according to the buyer's specifications
- orders containing audio recordings, video recordings or computer programs whose original package was damaged by the buyer.
- orders for a digital content that was not delivered on a tangible medium per explicit consent of the buyer within the withdrawal period and the buyer was informed by the seller that the right to withdrawal does not apply to such cases.
- other cases listed in Section 1837 of the Czech Civil Code.
- To exercise the right to withdrawal, the buyer must send a contract withdrawal form to the seller within the contract withdrawal period.
- In order to withdraw from the contract, the buyer can use a contract withdrawal form template provided by the seller. The buyer sends the form to the seller's e-mail or post address listed in these Terms of Service. The seller will then confirm the reception of the form as soon as possible.
- A buyer exercising his right to withdrawal is obligated to return the goods to the seller within 14 days after the withdrawal. The buyer is responsible for covering all expenses related to the return of the goods including cases where the goods cannot be returned by a standard method due to the nature of the goods.
- If the buyer withdraws from the purchase contract, the seller will return the whole purchase cost including delivery cost within 15 days, using the method the cost was paid by. The payback will occur only after the goods inspection by the seller and the test of its functionality. The purchase cost can be returned using a different method than it was paid by only in cases where the buyer agrees to do so and no other expenses would be generated.
- If the buyer chooses any other than the cheapest possible delivery method offered by the seller, a charge amounting to the cost of the cheapest possible delivery method will be invoiced.
- If the buyer withdraws from the purchase contract, the seller is not obligated to return the purchase cost until the goods are returned or the buyer proves the goods were sent back.
- The goods must be returned undamaged, in a clean and unused condition and in an original package (if possible). The seller has the right to set off his or her claim for financial compensation of any damage against the buyer's claim for return of the purchase cost.
- The seller has the right to withdraw from the purchase contract in the following cases
- stock depletion
- unavailability of goods
- the manufacturer, distributor or supplier discontinued the production or the supply of the goods. In such cases, the seller will immediately inform the buyer via an e-mail sent to the address provided in the order. Within 14 days, counted from the day the buyer was notified, the seller will return the purchase cost along with all delivery costs accepted according to the contract. The payback is to be performed using the same method the cost was paid by the buyer.
VII. Rights regarding faulty goods
The seller is liable to the buyer for any damage to the goods before and at the moment of the takeover. The seller is liable to the buyer for the following:
- the goods have all features negotiated by both parties. If there is no such agreement, the seller is liable for all features presented
- the goods are usable for the purpose presented by the seller or the purpose usual for devices of such kind.
- the quality of the goods corresponds with the quality of presented samples or templates if the quality was negotiated to match a sample or template presented by the buyer
- the goods have the correct quantity, size and weight
- the goods comply with all related legal requirements
- The buyer-customer has the right to return faulty goods if a failure occurs within 4 months after the takeover (12 months for entrepreneurs). This right does not apply to:
- defects for which the goods were sold for a reduced price after a mutual agreement between the buyer and the seller
- component wear caused by the use of the goods
- defects caused by the component wear stemming from the use of the goods
- component wear that was present at the time of the takeover by the buyer, or is given by the nature of the goods.
- In the case of component failure, the buyer has the right to file a complaint and demand either a repair or a corresponding discount to the purchase cost.
- If the defect cannot be repaired, the buyer has the right to demand a replacement or to withdraw from the contract.
- The buyer has the right to withdraw from the contract if the goods cannot be used for their intended purpose due to a recurring defect, a defect occurring after repairs or in the case of multiple defects.
- Other rights and obligations related to the responsibility of the seller for faulty goods are governed by the seller's Complaint Procedures.
VIII. Buyer-seller communication
- Contracting parties are allowed to communicate using an e-mail.
- The buyer sends all of his correspondence to the seller's e-mail address listed in Terms of Conditions. The seller's correspondence to the buyer is sent to an e-mail address provided in the customer account or in the purchase order.
IX. Out-of-court dispute settlement
- The out-of-court consumer disputes over contract purchase violations are within the jurisdiction of the Czech Trade Inspection Authority with the office at Štěpánská 567/15, 120 00, Praha 2, Czech Republic, ID: 000 20 869, web address https://adr.coi.cz/cs. A dispute settlement platform accessible at http://ec.europa.eu/consumers/odr can be also used.
- The European Consumer Centre Czech Republic with the office at Štěpánská 567/15, 120 00 Praha 2, website address http://www.evropskyspotrebitel.cz, is a contact point in accordance with the European Parliament and Council Directive 524/2013 on the online consumer dispute settlement and on an amendment of ES 2006/2004 and 2009/22/ES (online consumer dispute settlement directive).
- Prodávající je oprávněn k prodeji zboží na základě živnostenského oprávnění. Živnostenskou kontrolu provádí v rámci své působnosti příslušný živnostenský úřad. Česká obchodní inspekce vykonává ve vymezeném rozsahu mimo jiné dozor nad dodržováním zákona č. 634/1992 Sb., o ochraně spotřebitele.
X. Closing provisions
- All agreements between the buyer and the seller are governed by the rule of law of the Czech Republic. If the contractual relationship is international, all contracting parties agree to follow and obey the rule of law of the Czech Republic.
- Regarding the relationship with the buyer, the seller is not being bound by any codes of conduct as stated by the section 1826 article 1 point e) of the Czech Republic Civil Code.
- All rights related to the seller's website, especially copyrights to the website content including its layout, uploaded photographs, movies, graphical features, trademarks, logos and other content and features, belong to the seller. It is prohibited to copy, edit or otherwise use the website or its parts without the explicit consent of the seller.
- The seller is not responsible for any factual or technical errors caused by unauthorized third-party access or by using the e-shop in contrary to its intended use. When using the e-shop, the seller must not use procedures with a negative effect on the e-shop operation, must not perform any activity allowing the buyer or a third party to copy, edit or use the e-shop or its parts or to use the e-shop in contrary to its intended use.
- The buyer accepts the danger of circumstance change as referred to by the Section 1765 article 2 of the Czech Republic Civil Code.
- The purchase contract, including the Terms of service, is archived by the seller in electronic form and is not publicly accessible.
- Contents of Terms of service can be amended by the seller. This provision does not affect rights and obligations which arose during the validity period of the previous version of Terms of service.
- Attached to these Terms of service is a purchase contract withdrawal form template.
These Terms of Conditions are in force from the 1st October 2018