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Payment and delivery

PAYMENT AND DELIVERY

Terms and Conditions

These terms and conditions apply to purchases via the online store

www.lw-shop.eu.

By sending the order, the buyer confirms that he has read the terms and conditions and agrees with them.

The operator of this online store is the company:

Li West Europe s.r.o.

Prague 3 - Zizkov, Konevova 2755 / 65a, postal code 13000

Company ID: 01769251

Tax number: CZ01769251

The company is registered at the Municipal Court in Prague on 13 June 2013, in Section C, File 211436

Email: liwestevropa@post.cz

Telephone Number: +420 775 077 107

Contact address: Li West Evropa s.r.o., Prague 2 Nusle, Oldřichova 106/49, postal code 128 00

Definitions of terms

1. Seller - Seller means a company that sells the offered Goods in the online store www.lw-shop.eu.

2. BUYER - a natural or legal person who buys Goods from the Seller on the basis of the Purchase Agreement.

3. CONTRACT - agreement between the Buyer and the Seller. The Seller undertakes to deliver the Goods to the Buyer and the Buyer undertakes to pay the specified purchase price of the Goods.

4. GOODS - Goods means the entire range of products, products and possibly services that are listed in the Internet shop (e-shop) of the Seller, which is operated on the Internet address www.lw-shop.eu.

5. OP - these business conditions.

6. DISPUTE WITH THE PURCHASE AGREEMENT - The goods are not in accordance with the contract upon receipt by the Buyer.

List of the most important points of the business conditions:

 

1. By sending the order, the Buyer confirms that he has been acquainted and agrees with these OP.

2. The Buyer may order the Goods without registration.

3. The Buyer's personal data is secured in accordance with Act No. 101/200 on the protection of personal data. The contract between the Buyer and the Seller and the information contained therein are not publicly available.

4. The purchase price of the Goods is always stated including VAT.

5. Current transport prices are listed in this e-shop in the Transport and payment section.

6. You can get free shipping depending on the amount of the order, and only for shipments in the Czech and Slovak Republics.

7. When registering and ordering, the Buyer is obliged to state all data correctly and truthfully.

8. The buyer will place the order by clicking on the "Submit order" button.

9. The contract (agreement between the Buyer and the Seller on the handover of the Goods and payment of the price) arises at the moment of delivery of the e-mail confirming the order.

10. By law, the Buyer has the right to withdraw from the Contract (without giving a reason) within 14 days of receiving the Goods.

11. The usual time for delivery of the Goods is 5 (five) working days, if the place of delivery is in the territory of the Czech Republic. In the event that the place of delivery is outside the Czech Republic, the usual delivery time is 7 (seven) working days:

a. from the acceptance of the order

b. from the day following the day of payment of the purchase price.

12. The delivered Goods are always accompanied by the relevant invoice.

13. The Buyer is obliged to inspect the integrity of the packaging immediately upon receipt of the Goods. The Buyer is not obliged to take over the damaged shipment.

14. The Buyer is obliged to inform the Seller about the detected defects within 3 (three) working days from the receipt of the Goods, otherwise it is assumed that the Goods are perfect.

 

15. The equipment and components that make up this online store (e.g., photographs of the Goods) are protected by copyright.

16. The Seller may cancel the User Account in the event that the Buyer breaches any obligation arising from the Agreement or does not use his account for more than 12 months.

17. The seller is Li West Evropa s.r.o.

I. Basic provisions

1. These Business Terms and Conditions [hereinafter referred to as "OP"] govern the contractual relations in the delivery of Goods by the Seller to the Buyer. The common designation for the Seller and the Buyer is "Contracting Parties", or "Parties", and individually "Party" or "Party".

2. The contractual relationship between the Seller and the Buyer and all legal relations established by this contractual relationship are always governed by the law of the Czech Republic, especially the concluded Contract, OP, Act No. 89/2012 Coll., Civil Code [hereinafter "Trademark"] and Act No. 634/1992 Coll. on Consumer Protection, as amended [hereinafter referred to as the “Consumer Protection Act”]; however, if the Buyer is not a consumer, in the sense of the provisions of § 419 of the Civil Code in conjunction with the provisions of § 2 par. a) of the Consumer Protection Act, the Consumer Protection Act shall not apply to the contractual relationship between the Seller and the Buyer, unless otherwise provided by law. All possible disputes arising between the Seller and the Buyer undertake to resolve the Seller and the Buyer primarily by mutual agreement of both parties; in the absence of such an agreement, the resolution of all such disputes falls within the jurisdiction of the general courts of the Czech Republic. The Seller and the Buyer agree that if the substantive jurisdiction of the district court is given according to the legal regulations of the Czech Republic, the district court for Prague 3 will be the locally competent court, and if the substantive jurisdiction of the regional court is court Municipal Court in Prague.

3. OP determine part of the content of the Purchase Agreement concluded between the Seller and the Buyer for the purpose of transferring ownership of the Goods and the delivery of the Goods. If the OP refers to the "Contract", then it means the Purchase Contract for the delivery of Goods.

4. By sending the order from the Internet address www.lw-shop.eu [hereinafter also referred to as "e-shop"], the Buyer confirms that he has been acquainted with the OP and agrees with the stated conditions. OPs are binding only for the sale of Goods through the e-shop.

5. OP also regulates the rights and obligations of the Contracting Parties when using the Seller's website located at www.lw-shop.eu, as well as other related legal relations.

6. The Buyer acknowledges that the software, appearance, layout, graphics and other components that make up the e-shop (including photographs of the offered Goods) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the e-shop.

II. User account

1. Based on the Buyer's registration made in the e-shop, the Buyer can access its user interface. From its user interface, the Buyer may order Goods [hereinafter referred to as the "User Account"]. Registration is completely voluntary and the Buyer can also order the Goods without registration directly from the web interface of the e-shop.

2. When registering in the e-shop and when ordering the Goods, the Buyer is obliged to state all filled in data correctly and truthfully. The Buyer is obliged to update the data specified in the User Account in the event of any change. The data provided by the Buyer in the User Account and when ordering the Goods are considered correct by the Seller.

3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his User Account and acknowledges that the Seller is not liable if the Buyer violates this obligation. The Buyer is not entitled to allow the use of the User Account to third parties.

4. The Seller may cancel the User Account in the event that the Buyer breaches any obligation arising from the Contract (including the OP), or in the event that the Buyer does not use his User Account for more than 12 months.

5. The Buyer acknowledges that the User Account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.

III. A conclusion of the contract

 

1. The Contract is concluded on the basis of the Buyer's order and its acceptance by the Seller. The provisions of § 1732 p. 2 of the Civil Code shall not apply. To order the Goods, the Buyer fills in the order form in the e-shop, and in this form it is necessary to provide at least the following information:

a. identification data of the Buyer, to the extent: name and surname (name / company / ID number), address of residence (registered office), while in case of determining a place of delivery other than the one marked as residence (registered office), the Buyer may in this Use the "Delivery Details:" field on the form. Unless otherwise stated in the place of delivery, it is considered to be the address of residence (registered office), email address and contact telephone number;

b. identification of the ordered Goods from the Seller's offer;

c. the required quantity of the Goods;

d. the price of the Goods according to the prices of the Seller, which are published in the e-shop; (choice of delivery method, including acceptance of delivery costs);

The buyer is responsible for the accuracy of the information provided in the order. If the order does not contain the stated data, the Seller is not obliged to respond to such an order, but may recognize it as regular. By sending the order, the Buyer accepts the purchase price of the Goods, as well as the price of transport to the place of delivery of the Goods.

2. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered in the order, even with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Send order" button. The data listed in the order they are deemed correct by the seller.

3. After delivery of a correctly completed order, the Seller is obliged to confirm its delivery to the Buyer, via e-mail sent to the Buyer's email address specified in the order. Upon delivery of the confirmation e-mail to the Buyer, the Contract is concluded. In the event that the Buyer is a consumer, the Seller shall send the text of the concluded Contract and the wording of these OPs in text form. In the event that the Buyer is an entrepreneur in the sense of the relevant provisions of the Trademark Law, the direct delivery of the ordered Goods without prior express expression of the Seller's will is also considered acceptance of the order.

4. The Seller reserves the right not to accept the order or part thereof if the Goods are no longer produced, delivered or sold out, or there is another relevant reason why the Seller can not be fairly required to accept the order (eg due to breach of previously concluded Contracts). ), and the Seller will inform the Buyer of these facts without undue delay by any of the means of distance communication. Failure to send a confirmation of delivery of the order is also considered non-acceptance of the order (see the previous paragraph of these OPs). In the event that in the above circumstances the Buyer has already paid the purchase price or part thereof and the order has not been accepted by the Seller, this amount will be refunded no later than 5 (five) working days from the date of its crediting to the Seller's account. That period shall be deemed to have been complied with if a payment order or postal order is submitted within that period.

IV. Delivery of goods

1. The Seller shall deliver the Goods to the place of residence (registered office) of the Buyer specified in the order. Within the order, the Buyer may specify a different place of delivery of the Goods than the one he has indicated as his address of residence (registered office). In such a case, the Buyer shall state in the order form, in the field for Delivery Data marked as "Delivery Data", this other place of delivery and the contact person authorized to take over the Goods at this place. This place is then also considered a place to pay the purchase price, unless otherwise paid.

2. The Buyer acknowledges that the usual time for delivery of the Goods is 5 (five) working days from the acceptance of the order, if the place of delivery is in the Czech Republic. The Buyer understands that the delivery date is mainly affected by the availability of the Goods in the Seller's warehouse, as well as the ordered Goods, and therefore in rare cases the delivery time may be longer, which the Buyer will be, by some means of distance communication, or without undue delay after such acceptance. The Seller also reserves the right to extend the delivery date of the Goods in the event of unforeseen events (force majeure).

3. The transport will be carried out through an external transport company.

4. The Buyer undertakes to take over the Goods and pay the agreed purchase price for them.

5. The Buyer is obliged to confirm the receipt of the Goods on the relevant documents with his signature, or signature of the authorized person. Upon receipt of the Goods, the Buyer is obliged to inspect the integrity of the package (consignment) immediately in the presence of an employee of the transport company, and if the package is obviously damaged, he is not obliged to accept the consignment. By accepting the Goods and signing the delivery note or other similar document, the Buyer confirms that the packaging of the shipment has not been damaged. The Buyer is obliged to inform the Seller about the detected defects within 3 (three) working days from the receipt of the Goods, e.g. via email: liwestevropa@post.cz, otherwise it is considered that the Goods are perfect.

Ownership of the Goods passes to the Buyer upon full payment of the purchase price and the subsequent moment of receipt of the ordered Goods.

6. In case of the Buyer or the person authorized to take over the Goods at the address of the place of delivery is not found, the rules of the relevant carrier will be followed. Any additional costs associated with repeated attempts to deliver the Goods, including any storage fee, as well as additional costs incurred as a result of refusing to accept properly delivered Goods, the Buyer is obliged to pay to the Seller, in the amount according to the price list of the carrier. Such additional costs may therefore be additionally charged to the Buyer.

7. The delivered Goods will always be accompanied by the relevant invoice with the requisites stipulated by legal regulations.

8. The Seller is entitled to refuse to hand over the Goods to the Buyer if the purchase price and / or the price of transport is not fully paid.

V. Purchase price and payment terms

1. The Buyer is obliged to pay the Seller the purchase price for the delivered Goods, which is stated for the relevant Goods in the e-shop. The purchase price of the Goods is stated including VAT in the legal amount. Together with the purchase price of the Goods, the Buyer is obliged to pay the price of transport to the place of delivery, unless otherwise specified. Current transport prices are also listed in the e-shop in the Transport and payment section.

2. Changes in the prices of the Goods, transport or changes in the limit for the Buyer's right to free transport of the Goods are fully available to the Seller, but the changes made may not affect already concluded Contracts, unless otherwise agreed between the Contracting Parties. The change of prices and limits is effective upon publication in the e-shop, unless expressly stated otherwise by the Seller.

3. Payment of the purchase price (including the price of transport) is possible only in advance non-cash to the account of the Seller, which will be stated in the acceptance of the order, or will be immediately notified to the Buyer via a confirmation email;

4. In the case of non-cash payment, the purchase price is payable within 5 days of concluding the Contract. Attention - if the payment is not credited to the account of the online store www.lw-shop.eu within 5 days, the order will be canceled!

6. In the case of a non-cash transfer, the purchase price is considered paid at the moment of its crediting to the Seller's account. In the case of choosing transport to the Slovak Republic and across Europe, only payment in advance to the Seller's account via the PayPal system is accepted.

VI. Guarantee

1. The Seller declares that all offered Goods are new and provides the Buyer, who is not an entrepreneur with whom it is already clear at the conclusion of the Contract that the purchase does not relate to his business activities, a guarantee for these Goods (§ 2165 of the Civil Code in conjunction with § 2113 to 2117 OZ) for the period which is marked on the packaging of each Goods as the period of consumption (shelf life), all provided that the Buyer duly complies with all conditions for proper storage of the relevant Goods listed on its packaging or at www.lw-shop. eu. If the Buyer is an entrepreneur, the relevant warranty and the length of the warranty period will be agreed in the relevant purchase contract, otherwise the above conditions apply to the Buyer who is not an entrepreneur.

2. The Seller is responsible to the Buyer for the fact that the sold Goods are without defects when taken over by the Buyer. In particular, the Seller is responsible to the Buyer that at the time when the Buyer takes over the Goods:

a. The Goods are suitable for the purpose stated by the Seller for their use or for which Goods of this type are usually used. However, the Seller is not responsible for any negative impact on the health of the Buyer caused by ordering and using the inappropriate type of Goods (e.g. incorrect selection, etc.)

b. The goods are in the appropriate quantity, measure or weight.

c. The goods comply with the requirements of the relevant legal regulations.

3. The delivery of other Goods is also considered a defect. Defects in the documents necessary for the use of the Goods are also considered a defect. The warranty does not apply in particular to defects caused by improper storage or use, improper handling, as well as defects caused by the Buyer and / or third parties.

4. The Buyer's right to defective performance is based on the defect that the Goods have when the risk of damage passes to the Buyer, which occurs at the time of receipt of the goods by the Buyer, although it will manifest itself later during the relevant warranty period. The Buyer's right shall also be established by a later defect caused by the Seller in breach of his obligation.

5. The Buyer is obliged to complain about any defects of the Goods to the Seller within 3 (three) working days of receipt of the Goods and preferably in writing at Li West Evropa s.r.o., Prague 2 Nusle, Oldřichova 106/49, ZIP code 12800, Czech Republic or email address liwestevropa @ post.cz. If the Buyer does not do so, it is considered that the Goods are perfect. The Buyer is entitled to use the Complaint Form published in the e-shop in the Complaints Procedure section for complaints.

6. If the defective performance is a material breach of the Contract, the Buyer has the right to:

a. to eliminate the defect by delivery of new Goods without defects or by delivery of missing Goods

b. withdraw from the contract. The Buyer shall inform the Seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The Buyer cannot change the choice made without the consent of the Seller. If the Buyer does not choose his right in time, he has the rights as in the case of a minor breach of the Contract.

7. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within 3 (three) working days. This period does not include the time, appropriate to the type of Goods or services, required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiration of this period in vain is considered a material breach of the Agreement. The provisions of this paragraph shall apply only if the Buyer is a consumer.

8. The Buyer, who is an entrepreneur, may not withdraw from the Contract (the provisions of the following Article VII. OP are not affected by this), not demand the delivery of new Goods, if he cannot return the Goods in the condition in which he received them. This does not apply:

a. if the condition has changed as a result of an inspection in order to detect a defect in the Goods,

b. if the Buyer used the Goods before the discovery of the defect,

c. if the Buyer has not caused the impossibility of returning the Goods in the unaltered state by act or omission, or

d. if the Buyer sold the Goods before the discovery of the defect, if he consumed it, or if he changed the Goods in normal use; if this has happened only in part, the Buyer shall return to the Seller what he may still return and shall give the Seller compensation up to the amount in which he benefited from the use of the Goods.

9. If the Buyer is an entrepreneur with whom, however, it is already clear at the conclusion of the Contract that the purchase concerns his business activities, he must complain about defects only in writing, with the manner in which the Buyer's justified complaint will be settled and the deadline for settling the complaint. , resp. the date of settlement of the claim is determined by the Seller.

10. The Buyer is obliged to prove to the Seller that it is the Goods purchased from the Seller and also the fact that the defects are reported in time within the specified period. In the event that the complaint is settled by exchange of the Goods, the Buyer is obliged to return all Goods that are the subject of the exchange.

11. If the complaint is found to be unjustified, the Seller has the right to demand payment of expediently incurred costs related to this unjustified complaint; this does not apply if the Buyer is a person other than an entrepreneur, for whom it is already clear at the conclusion of the Contract that the purchase relates to his business activities.

12. Unless otherwise agreed in these OPs or the Contract for cases where the Trademark allows it, the relevant provisions of the Trademark, in particular the provisions of § 2099 - 2117 of the Trademark and the provisions of § 2165 - 2174 OZ. If the Buyer is a consumer, the provisions of the Consumer Protection Act shall also apply.

VII. Withdrawal from the Contract and return of the Goods

 

1. The Buyer, who is a consumer, has the right to withdraw from the Contract concluded by means of distance communication within the meaning of the relevant provisions of the Trademark within 14 days following the day when the Buyer or a third party designated by him (other than the carrier) takes over the Goods; it is possible to withdraw without giving a reason and without applying any sanction by the Seller. However, the consumer is not entitled to withdraw from the contract in the cases specified in the provisions of § 1837 of the Civil Code.

2. For the purposes of exercising the right to withdraw from the Contract, the Buyer must inform the Seller of its withdrawal from the Contract in the form of unilateral legal action (e.g. by letter sent through the postal service provider to Li West Evropa s.r.o., Prague 3 Žižkov, Koněvova 2755 / 65a, postal code 13000, Czech Republic or by email to liwestevropa@post.cz). The Buyer may use the Notice of Withdrawal from the Contract (it is published in the e-shop in the Complaints Procedure section).

3. In order to comply with the deadline for withdrawal from the Contract, it is sufficient to send the withdrawal from the Contract to the Seller before the expiration of the relevant period (see paragraph 1 of this Article).

4. If the Buyer withdraws from the Contract, the Seller shall return to him without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal, all payments received from the Buyer, including delivery costs (excluding additional costs incurred as a result of the Buyer's chosen method of delivery of the Goods, which is different from the cheapest method of standard delivery of the Goods offered by the Seller). The same means of payment used by the Buyer to make the initial transaction will be used to return payments, unless the Buyer has expressly stated otherwise. However, in no case will there be any additional costs with the return of payments to the Buyer.

5. Payments will be sent back by the Seller to the Buyer only after receiving the returned Goods or after the Buyer proves that he has sent the goods back to the Seller; decides the moment that occurs earlier.

6. The Buyer is obliged to return the Goods without undue delay, but no later than within 14 days from the date of withdrawal from the Contract to the Seller to the address Li West Evropa s.r.o., Prague 2 Nusle, Oldřichova 106/49, postal code 12800, Czech Republic; the Goods can be returned in person at the same address. The deadline is considered to be observed if the Goods are sent to the Seller within it.

 

7. The Buyer shall bear the direct costs associated with the return of the Goods, if the Goods cannot be returned by ordinary mail due to their nature.

8. The Buyer is only responsible for the reduction of the value of the Goods as a result of handling the Goods in a manner other than that which is necessary to become acquainted with the nature and properties of the Goods.

9. This Article of the OP shall not apply to a Buyer who is not a consumer, unless otherwise provided by law.

10. The buyer may not withdraw from the contract if:

a. The seller delivered perishable goods, as well as goods that were irretrievably mixed with other goods after delivery

b. The buyer has violated the original packaging of the goods

c. The Seller has delivered goods modified according to the Buyer's wishes or for his person

d. improperly stored the delivered goods - (storage - see label on the packaging)

11. In the sense of the provisions of § 1820 par. 1) let. j) The NOZ informs the Seller that with an out-of-court complaint, the consumer should first address the Seller and then the control body, which is the Czech Trade Inspection Authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions stipulated by the relevant legal regulations.

VIII. Protection of personal data

1. By placing an order in the online store or in another way, the Buyer gives the Seller consent to the processing of his personal data. Personal data are processed by the Seller to the extent of: name, surname, address, in the case of the entrepreneur, ID number and VAT number, telephone, email and data on purchases made.

2. The data are processed in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended and effective.

3. Buyers' personal data are processed by authorized employees.

4. The purpose of personal data processing is to conclude a Purchase Agreement between the Seller and the Buyer, fulfillment of individual contractual obligations, ie primarily processing the order and delivery of Goods and fulfillment of accounting and tax obligations of the Seller arising from special legal regulations and for marketing, offering other goods, possible further business cooperation or other contractual relations, until the Buyer delivers his disagreement with such processing to the Seller in writing.

5. Personal data are processed in the computer system of the Seller and are fully secured against misuse. Selected data are provided to the contractual carrier of the Seller, which is necessary for the delivery of the Goods to the Buyer.

6. The processing of personal data takes place for the time necessary for the processing of orders and the fulfillment of the relevant contractual, accounting and tax obligations of the Seller.

7. Upon request, the Buyer has the right at any time to access his personal data and to provide information on the processing of his personal data. Reimbursement of costs incurred by the Seller in this connection may be required for the communication of this information.

8. If the Buyer considers that personal data is being processed in violation of the Personal Data Protection Act or if the processed data are inaccurate, the Buyer, as a data subject, has the right to request an explanation of this fact and request removal of the defective condition, especially blocking, correction, addition or destruction of personal data.

IX. Other provisions

1. The Contract is concluded only in the Czech language, in electronic form; After its conclusion, the Contract is archived by the Seller, and at the written request of the Buyer it will be sent to him by any of the means of distance communication. The essentials of the Contract, including the identification of the Buyer, are not accessible to the public. The current wording of these terms and conditions is valid, as stated on the Seller's website, on the day of concluding the relevant purchase agreement. The current version of the OP is always published in the e-shop. No longer effective versions of the OP are archived by the Seller and are not publicly available in the e-shop.

2. The Buyer agrees to the use of means of distance communication when concluding the Contract. The Buyer does not incur costs associated with the use of means of distance communication in connection with the conclusion of the Contract, ie the use of the e-shop and the purchase within it is not charged by the Seller or a third party. The buyer incurs only his own costs, such as the cost of his internet connection, the cost of his telephone calls, which, however, he pays for himself.

 

3. The Seller is not bound to the Buyers by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) OZ.

4. The Buyer acknowledges that the Seller is not responsible for errors caused by third party interventions in the e-shop or as a result of using the e-shop contrary to its purpose.

X. Cookies

1. A cookie is a short text file that a visited website sends to your browser. This may make the next visit to the site easier and more productive. Cookies are important, without them browsing the web would be much more complicated. They allow the website to record information about your visit, such as setting the position of the left menu, remembering your login, etc. Google's cookies are used to track traffic to our site.

2. By using this website, you agree to how we handle cookies.

XI. Information obligation according to Act No. 112/2016 on sales records (EET)

1. In accordance with the requirement of §25 of Act 112/2016 Coll. We would like to inform you that “According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest. "

2. In the case of purchase or use of a gift voucher or for credit payments in the online store www.lw-shop.eu, the customer expressly agrees that we attach the EET receipt in printed form to the ordered Goods, so the customer will receive it upon receipt of the Goods, either at the point of issue or in a package from the transport service.

XII. Conflict solving

1. All possible disputes arising between the Seller and the Buyer, the Seller and the Buyer undertake to resolve primarily by mutual agreement of both parties.

2. The buyer, who is in the position of a consumer, acknowledges that in accordance with Act No. 634/1992 Coll. on Consumer Protection, as amended, is the subject matter competent for out-of-court settlement of consumer disputes within the meaning of the cited Act, i.e. also for out-of-court settlement of disputes arising from contracts concluded between the Buyer as a consumer and the Seller using these Terms and Conditions. in accordance with § 20e letter d) of the cited Act of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, Prague 2, postal code 120 00, ID number 00020869, internet address http://www.coi.cz.

3. If the Buyer is a consumer and no agreement is reached pursuant to paragraph 1, the out-of-court settlement of all these disputes falls within the competence of the Czech Trade Inspection Authority.

4. All possible disputes arising between the Seller and the Buyer can also be resolved online via a dedicated ODR platform, which is set up at http://ec.europa.eu/consumers/odr/. More information on out-of-court dispute resolution can be found at https://www.coi.cz/informace-o-adr/. Before proceeding with an out-of-court settlement of the dispute, we recommend that the Buyer first use the contact at Li West Evropa s.r.o. to resolve the situation.

5. If the Buyer is not a consumer and if no agreement is reached pursuant to paragraph 1 or if the Buyer is a consumer and if the dispute was not resolved out of court by agreement pursuant to paragraph 2 and at the same time if the dispute was not resolved out of court before the Czech Trade Inspection the resolution of all these disputes falls within the jurisdiction of the general courts of the Czech Republic. The Seller and the Buyer agree that if the substantive jurisdiction of the district court is given according to the legal regulations of the Czech Republic, the district court for Prague 3 will be the locally competent court and if the substantive jurisdiction of the regional court is court Municipal Court in Prague.

XIII. Final Provisions

1. Unless otherwise agreed by the Contracting Parties or expressly provided by law, the Contracting Parties are entitled to deliver to the other Contracting Party all notices, communications and other documents also by e-mail, in the case of the Seller to the email address referred to in Article 1. of these OPs or to the email address specified in the e-shop and in the case of the Buyer to the email address specified in the order of the Goods. This provision does not preclude sending by regular mail or personal delivery. The document is considered delivered even if the addressee refuses to accept it or does not collect it within 10 days from the date of its deposit with the postal service provider, even if the addressee did not know about its deposit.

2. Should any provision of the Treaty be or become invalid or unenforceable, it shall not affect the validity and enforceability of the other provisions of the Treaty. If any provision of these OPs contradicts the mandatory provisions of legal regulations, the relevant mandatory provisions shall apply automatically.

3. Deviating provisions in the Contract take precedence over the wording of the OP.

4. The general courts of the Czech Republic shall have jurisdiction to assess any disputes arising under the Agreement.

5. These OPs are valid and effective from 1.1.2021. The Seller is entitled to unilaterally change or supplement the OP at any time. The contractual relationship between the Seller and the Buyer is always governed by the OP in the wording effective at the time of concluding the relevant Contract.