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    General business conditions

     

    1. General provisions

    1.      These general terms and conditions (hereinafter referred to as "GTC") govern the rights and obligations of the contracting parties resulting from the purchase contract concluded between the seller, which is LUMI-SK@BAU s.r.o., with registered office at Tehelná 663/7 Zborov, ID number: 53963768, registered in the Commercial Register conducted by the Prešov District Court, section: Sro, insert no. 42607/P (hereinafter referred to as "the seller") and the buyer, the subject of which is the purchase and sale of goods on the lumibau.com website as   of the seller's electronic store.


    Contact details of the seller:

    Email: info@lumibau.com

    Phone: +421 940 505 777

     

    2.      The contracting parties agree that the buyer, by sending the order to the seller, confirms that he agrees that these general terms and conditions and their terms and conditions will apply to all purchase contracts concluded on any e-commerce website operated by the seller, on the basis of which the seller will deliver the goods presented on the website in question to the buyer (hereinafter referred to as the "purchase contract") and to all relations between the seller and the buyer, arising in particular during the conclusion of the purchase contract and goods complaint.

    3.      The general terms and conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on conditions deviating from the general business conditions, the provisions of the sales contract will take precedence over the general business conditions.

    4.      The list of goods on any e-commerce website www.lumibau.com operated by the seller is a catalog of normally delivered goods. Availability of goods   and its delivery time is indicated for each product, before ordering it.

    5.      The buyer is a consumer or entrepreneur. A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or other business activity.   Legal relations between the seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code, as well as related regulations.

    6.      Entrepreneurs are understood as:

    ·          a person registered in the commercial register,

    ·          a person who does business on the basis of a trade license

    ·          a person who does business on the basis of a license other than a trade license according to special regulations,

    ·          a person who carries out agricultural production and is registered in accordance with a special regulation.

    7.      Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the seller and the buyer, are governed by the relevant provisions of Act. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. In case of any differences between the GTC and the individual contract, the text of the contract takes precedence.

    2. Method of concluding the purchase contract

    1.      If the buyer is a consumer, the proposal for concluding a purchase contract is the placement of the offered goods by the seller on the website, the purchase contract is created by sending the order to the buyer and consumer and accepting the order by the seller. The seller will immediately confirm this acceptance to the buyer by an informative email to the specified email address, but this confirmation does not affect the formation of the contract. In the information email, the buyer will also find a link to the current version of the GTC and the seller's complaint procedure.

    2.      If the buyer is an entrepreneur, the proposal for concluding a purchase contract is the sending of an order for goods to the buyer entrepreneur, and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer entrepreneur with this proposal.

    3. Rights and obligations of the seller

    1.      The seller is obliged to:

    a)     based on the order confirmed by the seller, deliver the goods to the buyer in the agreed quantity and date and pack them or equip them for transport in a manner necessary for their preservation and protection,

    b)       to ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,

    c)      hand over to the buyer together with the goods in written or electronic form at the latest all the documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in the Slovak language, warranty card, delivery note, tax document).

    2.      The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.

    4. Rights and obligations of the buyer

    1.      The buyer is obliged to:

    a)     take over purchased or ordered goods,

    b)     to pay the seller the agreed purchase price within the agreed due date, including the costs of delivering the goods,

    c)      not damage the seller's good business name,

    d)     confirm receipt of the goods in the delivery note with your signature or the signature of a person authorized by him

    2.      The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the contracting parties in the binding acceptance of the order.

    5. Delivery and payment conditions

    1.      The goods are sold according to the displayed samples, catalogs, type sheets and sample books of the seller located on the website www.lumibau.com of the seller's electronic store.

    2.      The seller is obliged to fulfill the buyer's order and deliver the goods to the buyer within 30 days from the delivery of the goods by the supplier or manufacturer of the goods to the seller.

    3.      The buyer is obliged to take over the goods at the place indicated in the acceptance of the buyer's order by the seller. In the event that the buyer does not accept the goods (on the basis of the order), the seller reserves the right to claim compensation for the resulting damage. In the event that the customer does not take delivery of the goods upon first delivery, and requests re-delivery of the goods, he is obliged to pay the costs of the first as well as re-delivery of the goods.

    4.      The seller is entitled to invite the buyer to take over the goods before the expiration of the period agreed in the purchase contract.

    5.      The place of delivery of the goods is the place indicated in the acceptance of the order by the seller, unless the contracting parties agree otherwise in the purchase contract.

    6.      In the event that the seller delivers the goods to the buyer to the place specified by the buyer in the purchase contract, the buyer is obliged to take over the goods in person or to ensure that the goods are taken over by a person whom he authorizes in the event of his absence to take over the goods specified in the purchase contract and to sign the delivery and handover protocol goods. The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the seller the original or a copy of the purchase contract and the proof of payment for the goods and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred will be covered by the buyer, in particular the repeated delivery of the goods to the place of destination in the purchase contract and storage in the amount specified in point 2 of this article of these general business terms conditions. The goods are considered delivered at the moment of delivery of the goods to the address indicated in the binding acceptance of the order and taken over at the moment of physical acceptance of the goods by the buyer, respectively. by his authorized representative or by refusing to accept the goods, which the carrier indicates in the protocol on the delivery and handover of the goods.

    7.      We recommend the buyer to check the shipment, i.e. the goods as well as their packaging, immediately after their delivery. If the buyer discovers that the goods or the packaging of the goods is mechanically damaged, we recommend that he inform the carrier of this fact and check the condition of the goods in his presence. In the event of damage to the goods, we recommend making a record of the extent and nature of the damage to the goods, the correctness of which will be confirmed by the carrier as far as possible. The sending of such a record delivered to the seller will subsequently help the seller to evaluate the responsibility for the damage to the shipment and provide the removal of the defect in the goods, a discount on the goods or, in case of irreparable defects in the goods, supply the buyer with new goods.

    8.      The buyer is entitled in case of non-delivery of the goods by the seller within the period specified in 5.2. Business terms and conditions to withdraw from the purchase contract, and the seller is obliged to return to the buyer the already paid part of the purchase price within 14 days from the delivery of the withdrawal from the purchase contract, in the manner chosen by the buyer.

    9.      Buyers will receive an invoice by e-mail for each shipment. Where a warranty card is required, he will receive it in the package.

    10.   The seller accepts the following payment terms:

    a)     payment in cash upon receipt of goods at the entrepreneur's place of business,

    b)     advance payment by bank transfer,

    c)      cash on delivery upon delivery of the goods.

    6. Purchase price

    1.      The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract and/or according to the seller's price list valid at the time of the conclusion of the purchase contract, including the costs of delivery of the goods (hereinafter referred to as the "purchase price") in the form of cash payment at the specified establishment of the seller, by cash on delivery at the place of delivery of the goods , cash on delivery through a company providing postal services, or by non-cash transfer to the seller's account, specified in the binding acceptance of the order, or by payment card.

    2.      The price of the order is binding and unchangeable after it has been sent by the buyer.

    3.      If the buyer pays the seller the purchase price by non-cash transfer, the date of payment is considered the day when the entire purchase price was credited to the seller's account.

    4.      The buyer is obliged to pay the seller the purchase price for the agreed goods within the period according to the purchase contract, but at the latest upon taking over the goods.

    5.      In the event that the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand the return of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic.

    6.      All promotions are valid while supplies last, unless otherwise stated for a specific product.

    7.      All discounts are limited. It is possible to apply only 1 discount, in the case of several discounts, the higher discount is always considered valid.

    7. Acquisition of ownership and passing of the risk of damage to the goods

    1.      The buyer acquires ownership rights to the goods only upon full payment of the entire purchase price for the goods.

    2.      The risk of damage to the goods passes to the buyer at the time he takes over the goods from the seller.

    8. Complaints procedure

    1.      The complaint procedure governing the complaint procedure can be found here: ....................................

    9. Personal data and their protection

    1.      The protection of personal data is ensured with us in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (general regulation on data protection) (hereinafter referred to as the "Regulation") and Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws (hereinafter referred to as the "Law").

    2.      Information on the processing of personal data can be found on the page in the section Personal data protection in the document entitled Personal data protection policy. The buyer acknowledges that he is obliged to provide the seller with personal data in the correct and true form and is also obliged to inform the seller of any change in his personal data.

    10. Withdrawal from the purchase contract

    1.      The buyer has the right in accordance with Act 102/2014 Coll., according to §7 par. 1, On consumer protection in mail-order sales for withdrawal from the contract within 14 calendar days of receiving the goods. In the case of exercising this right, the buyer is obliged to comply with the conditions and procedure specified in point 10.2. GTC.

    2.      Due to the fact that in case of withdrawal, the contract is canceled from the beginning, the supplier returns or replaces the buyer and the buyer to the supplier all mutually accepted performance. If the customer decides to withdraw from the contract within the period specified in point 10.1, he is obliged to comply with the following conditions:

    a)     contact us (see contact) with a request to withdraw from the contract, stating the order number, name and surname, date of purchase and your account number or address for refund.

    b)     if the buyer has already received and accepted the goods, he will send them back to our address listed on www.lumibau.com in the contact section under the following conditions:
    - the goods must be packed in any protective packaging suitable for its delivery to the seller
    - the goods must not be used
    - the goods must not be damaged
    - the goods must be complete with tags (including the package leaflet, gift items, etc.)
    - send the goods together with the completed form, which can be found on the website www.lumibau.com in the Exchange/return section.

    3.      Instructions on exercising the consumer's right to withdraw from the purchase contract together with the contract withdrawal form can be viewed here.

    4.      The buyer is obliged to return the goods complete, with complete documentation, undamaged, clean, if possible including the original packaging, packed and in the condition and value in which he received the goods. In the event that the returned goods are incomplete or damaged, the seller can reduce the returned price by the corresponding amount.

    5.      If all the above-mentioned conditions for returning the goods are met, we will send you the money for the goods immediately by transfer to your account or no later than 14 days after the physical receipt of the goods.
    The goods must be sent registered and insured, as we are not responsible for their possible loss on the way to us.

    6.      The consumer acknowledges that if he withdraws from the contract, he will bear the costs of returning the goods to the seller, and if he withdraws from a distance contract, also the costs of returning the goods, which due to their nature cannot be returned by post.

    7.      The purchasing entrepreneur is not entitled to withdraw from the purchase contract.

    11. Alternative resolution of consumer disputes

    1.      In the case of a consumer dispute related to the sale of our goods or the provision of our services, the Slovak Trade Inspection - www.soi.sk ("SOI") is responsible for an alternative resolution of the consumer dispute, which you can contact regarding any consumer dispute. You can also use the website https://webgate.ec.europa.eu/odr/main/index to submit a proposal to initiate out-of-court dispute resolution and to obtain information on out-of-court resolution of consumer disputes (including cross-border disputes) for goods purchased over the Internet. cfm?event=main.home.chooseLanguage. Other so-called authorized persons / entities for the alternative resolution of consumer disputes, for which an out-of-court solution can also be initiated.

    2.      The procedure for the alternative resolution of a consumer dispute is such that it begins with a proposal from the consumer at SOI (or another authorized person), which must contain

    a) identification data of the parties to the dispute (yours and ours),
    b) a complete and comprehensible description of the decisive facts (what is disputed),
    c) indication of what the proposer (You) is seeking (e.g. refund of the purchase price, exchange of goods, etc.),
    d) the date when the claimant exercised his right, which is the subject of the dispute, with the seller for the first time (e.g. the first complaint),
    e) a statement that the court has not made a decision on the matter, an arbitration award has not been issued and an agreement has not been concluded between the parties within the framework of an alternative resolution of a consumer dispute, nor has a court proceeding, an arbitration proceeding or an alternative resolution of a consumer dispute been initiated in accordance with this Act,
    f) date and signature of the proposer (Yours).

    3.      Evidence of the fact that the petitioner was unable to resolve the dispute directly (for example, our correspondence, etc.) and other documents confirming the stated facts, if available, shall be attached to the proposal. A power of attorney shall be attached to the proposal if the applicant is represented on the basis of a power of attorney. The proposal can be submitted mainly in writing, orally in the minutes, or electronically via email ars@soi.sk .

    4.      The consumer can turn to the subject of alternative dispute resolution, the value of which will be higher than €20.

    5.      The applicant (You) can file a proposal with the SOI or another authorized entity no later than 1 year from the day when he exercised his right, which is the subject of the dispute, with the seller for the first time (e.g. withdrawal from the contract / complaint).

    6.      Alternative resolution of a consumer dispute must be completed within 90 days of its initiation. For particularly complex disputes, this period can be extended by 30 days, even repeatedly.

    7.      The alternative resolution of the consumer dispute ends

    a) by concluding an agreement between the parties to the dispute (voluntary),
    b) issuing a reasoned opinion,
    c) postponing the proposal (e.g. the consumer declares that he has decided to end his participation in alternative dispute resolution),
    d) by death or being declared dead in the case of a party to the dispute who is a natural person,
    e) dissolution without a legal successor in the case of a party to the dispute that is a legal entity,
    f) by deleting the authorized legal entity from the list.

    8.      There is no charge for alternative resolution of consumer disputes. The costs associated with the alternative resolution of consumer disputes are borne by the parties themselves.

    9.      The SOI or an authorized entity sets the rules for the alternative resolution of consumer disputes, which will regulate the procedure for the alternative resolution of consumer disputes in more detail so that it is in accordance with the legal rules.

    10.   In the event that an alternative solution to a consumer dispute does not lead to a resolution of the consumer dispute, you can of course always turn to the court. Of course, you also do not have to use the option of an alternative resolution of a consumer dispute (however, it can of course always be recommended) and you can directly address the resolution of a consumer dispute to the relevant court.

    12. Final provisions

    1.      The seller reserves the right to change these general terms and conditions. The obligation to notify in writing of changes in these general terms and conditions is fulfilled by placing them on the website of the seller's electronic store.

    2.      If the purchase contract is concluded in writing, any change to it must be in writing.

    3.      In case of doubt, the contracting parties have agreed that the period of use is considered to be the time from the delivery of the goods to the buyer according to point 5.7. of these general terms and conditions until the day of delivery of the goods to the seller according to point 11.4. these general terms and conditions.

    4.      The contracting parties have agreed that communication between them will be carried out in the form of e-mail messages.

    5.      The relevant provisions of the Civil Code, Act, Act No. 22/2004 Coll. on electronic commerce and amending Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of certain laws as amended by Act no. 284/2002 Coll., as amended, and the Act on Consumer Protection in Mail Order Sales.

    6.      These general terms and conditions become effective against the buyer upon conclusion of the purchase contract.

    7.      By sending the order, the buyer confirms that he has read these general terms and conditions and agrees with them in their entirety.

    13. The supervisory body is:  

    Slovak Trade Inspection (SOI)
    SOI Inspectorate for the Prešov Region
    Obrancov miru 6, 080 01 Prešov 1
    Department of Supervision
    department of technical control of products and consumer protection
    Tel. No.: 051/ 7721 597
    Fax no.: 051/ 7721 596
    E-mail: pr@soi.sk

     

    By ordering goods from the website www.lumibau.com , I confirm that I agree with the terms and conditions.

     

    In Košice, on .............................