Terms of service

companies
lavvu instruments s.r.o.
ID: 08767335
with registered office at Kaprova 42/14, Staré Město, 110 00 Prague 1
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 324910
(hereinafter referred to as the “Seller”)

1. INTRODUCTORY PROVISIONS

1.1. These general terms and conditions (hereinafter referred to as "Terms and Conditions") of the Seller as the operator of the online store available at www.lavvuinstruments.com (hereinafter referred to as the “E-shop”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Seller and third parties – the buyers (hereinafter referred to as the “Buyer”) arising in connection with the conclusion of purchase contracts with the Seller (hereinafter referred to as the “Contract”) through the E-shop, as well as the use of 
the E-shop by visitors.

1.2. The provisions of the Terms and Conditions are an integral part of the Contract from the moment of its conclusion. Arrangements deviating from the Terms and Conditions may be agreed in writing in the Contract; such arrangements shall prevail over the Terms and Conditions.

1.3. The Terms and Conditions apply both to cases where the Buyer is a natural person who acts outside the scope of his/her business activity or within the scope of his/her independent exercise of his/her profession (hereinafter referred to as the “Consumer”), as well as to cases where the Buyer is a person who acts within the scope of his/her business activity or within the scope of his/her independent exercise of his/her profession (hereinafter referred to as the “Entrepreneur”) when concluding the Contract. For the purposes of these Terms and Conditions, the Entrepreneur is, inter alia, any Buyer who provides his/her identification number when concluding the Contract.

1.4. These Terms and Conditions and all legal relations arising from them, including in particular the Contract, are governed by the law of the Czech Republic.

2.    E-SHOP, REGISTRATION, AND USER ACCOUNT

2.1. The e-shop is operated by the Seller at www.lavvuinstruments.com.

2.2. The Seller makes reasonable efforts to keep the E-shop available and functional. However, the Buyer acknowledges that the E-shop may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller or third parties.

2.3. The Buyer can use the E-shop and conclude Contracts without the need to register. In order to facilitate the use of the E-shop and the conclusion of Contracts, and if the E-shop allows it, the Buyer may voluntarily register for the E-shop and create a user account (hereinafter referred to as the "User Account").

2.4. A natural person may register independently and create a User Account if he/she is 18 years old on the date of registration and has full legal capacity. A natural person registering on behalf of a legal entity confirms by registering that he/she is over 18 years of age, has full legal capacity and is authorised to act as such on behalf of the legal entity. The Buyer may register by filling in the relevant electronic form in the E-shop and sending it to the Seller. In the registration form, the Buyer must provide correctly and completely all the information marked as mandatory. The Seller considers the information submitted in the registration form to be correct and complete. By submitting the registration form, the registration is completed and the registration agreement and the user account is concluded between the Seller and the Buyer. Based on the registration, a User Account is automatically created.

2.5. The Seller considers the data provided in the User Account to be correct and true; in case of any change, the Buyer is obliged to update them without undue delay. The Seller shall not be liable for any damage incurred if the Buyer provides incorrect or inaccurate data or breaches their obligation to update the data in the User Account according to this paragraph.

2.6. In order to access the User Account, it is necessary to enter the login details provided by the Buyer during registration. The Buyer is obliged to protect his/her login data and prevent any third party from unauthorized access to his/her access data or User Account. In case of suspected disclosure or misuse of the access data, the Buyer must change his/her access data as soon as possible. The Seller shall not be liable for damages resulting from unauthorized access to the User Account as a result of the Buyer’s failure to comply with his/her obligations under these Terms and Conditions.

2.7. The Buyer is entitled to cancel their User Account at any time. This does not affect any already concluded Contracts.

2.8. The Seller may cancel the User Account of the Buyer, especially in the case when the Buyer does not use his User Account for more than 1 year or in the case when the Buyer violates his obligations under these Terms and Conditions.

3.    CONCLUSION OF THE PURCHASE CONTRACT

3.1. The presentation of goods on the E-shop is informative and the Seller is not obliged to conclude a contract regarding the presented goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

3.2. The e-shop contains information about the goods, including the price and information about the costs associated with packaging and delivery. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the E-shop.

3.3. To order goods, the Buyer can use the order form in the E-shop. The order form contains, in particular, information about:
    a) the goods ordered,
    b) the requested method of delivery of the ordered goods, including information about the costs associated with the delivery of the goods,
    c) delivery and billing address,
    d) the method of payment of the purchase price of the goods
(hereinafter collectively referred to as the “Order”).

3.4.Prior to sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer’s ability to detect and correct errors arising when entering data into the Order. The Buyer shall send the Order to the Seller by clicking on the “Send Order” button. By sending the Order, the Buyer confirms that he has read the Terms and Conditions and the Seller’s Complaints Policy and that he agrees with them. After submitting the Order, the Buyer can no longer change the data entered in the Order or correct errors in the Order. The information provided in the Order is considered correct and true by the Seller. The Seller shall confirm the receipt of the Order to the Buyer by e-mail to the Buyer’s address specified in the Order without undue delay after its receipt.

3.5. The contract between the Seller and the Buyer is formed by the delivery of the Order acceptance sent by the Seller to the Buyer’s e-mail specified in the Order.

3.6. The Seller is not obliged to accept the Order (especially in the case that the goods are not available or in the case that the goods have been offered under obviously incorrect conditions due to a technical error of the E-shop (typically in cases of obviously incorrectly stated prices, including incorrect conversion of the price from one currency to another, when the stated price is not proportional to the value of the goods, etc.). The Seller shall notify the Buyer of the refusal to accept the Order by e-mail.

3.7. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone).

3.8. The Buyer - Entrepreneur may place an order for goods and conclude the Contract on the basis of a written order, a specimen of which is attached as Annex 1 to these Terms and Conditions. The written order is effective upon delivery to the Buyer (by e-mail or to the delivery address specified below in these Terms and Conditions). The order is irrevocable. By submitting an order, the Buyer confirms that he/she has read these Terms and Conditions and that he/she agrees with their wording, as well as that he/she has read the information on the processing of personal data by the Seller. The Contract is concluded upon delivery of the order acceptance to the Buyer. Confirmation of the order with changes, even if insignificant, is not an acceptance of the order; such confirmation of the order with changes will be considered a new draft order, with the conclusion of the Contract occurring at the moment of mutual confirmation of consent to the modified wording of the order. The Seller reserves the right to suspend or terminate negotiations on the Order at any time; the provisions of Section 1729 of the Civil Code shall not apply. The other provisions of this paragraph shall apply mutatis mutandis to a written order for goods

4.  PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer shall pay the price of the goods and any costs associated with the delivery of the goods under the Contract to the Seller by one of the following methods:
    a) pay in advance through the payment gateway operated by by Stripe, Inc., 510 Townsend Street San Francisco, CA 94103 United States,
    b) pay in advance by wire (bank transfer) to the Seller’s account based on the invoice sent by e-mail with the Order confirmation;
    c) [......................].

4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the packaging and delivery of the goods.

4.3. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.

4.4. If the price of the goods is not paid in advance (through a payment gateway before the conclusion of the Contract), it is payable within the period specified on the invoice issued by the Seller. 

4.5. Unless otherwise stated, payments for goods are made in Czech crowns. Any conversion fees are the responsibility of the Buyer.

5. TRANSPORT AND DELIVERY OF GOODS

5.1. Orders are processed by the Seller without undue delay after the conclusion of the Contract. Delivery times vary according to the type of goods ordered and are always indicated for individual goods on the E-shop. The Seller does not send the goods to the Buyer before payment is received.

5.2. In the event that the Seller is unable to meet the delivery time indicated on the E-shop for various reasons, the Seller will contact the Buyer and inform him/her about the actual date of shipment of the ordered goods.

5.3. The Buyer chooses the method of transport and delivery of goods in the Order according to the options offered by the Seller in the E-shop at the moment of purchase.

5.4. In the event that the method of transport is arranged on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

5.5. If the Seller is obliged under the Contract to deliver the goods to the place specified by the Buyer in the Order; the Buyer is obliged to accept the goods upon delivery. In the event that it is necessary, for reasons on the side of the Buyer, to deliver the goods repeatedly or in a different way than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

5.6. If the Seller is to ship the goods, the Seller shall hand over the goods to the Buyer, who is an Entrepreneur, by handing them over to the first carrier for transportation to the Buyer and shall allow the Buyer to exercise their rights against the carrier, under the Contract of Carriage. The Seller shall not hand over the goods to the Buyer, who is a Consumer, until the goods have been handed over to the Consumer by the carrier.

5.7. In the event that the Buyer personally picks up the goods from the Seller, the Seller shall fulfil their obligation to hand over the goods to the Buyer at the moment when the Buyer is allowed to handle the goods.

5.8. Other rights and obligations of the parties in the transport of goods are regulated by the Seller’s Complaints Procedure, or may be regulated in the Seller’s special delivery conditions, if issued by the Seller.

6. WITHDRAWAL FROM THE CONTRACT

6.1. Withdrawal from the Contract by the Buyer who is a Consumer:
    a) The Buyer, who is a Consumer, has the right to withdraw from the Contract within fourteen (14) days from the date of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, and within fourteen (14) days from the receipt of the goods, whereby if the subject of the Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. However, the Buyer does not have this right to withdraw from the Contract under the provisions of Section 1837 of the Civil Code in the following cases:
        i. if the subject of the Contract is the delivery of goods that have been modified according to the Buyer’s wishes or for his/her person,
        ii. from a Contract for the supply of an audio or video recording or computer program if the Consumer has breached the original packaging,
        iii. from a Contract for the supply of newspapers, periodicals or magazines,
        iv. the delivery of digital content (unless it was delivered on a tangible medium), which was delivered with the Consumer’s consent before the expiry of the withdrawal period, and where the Seller has informed the Consumer that the Consumer does not have the right to withdraw from the Contract in this case.
    b) The notice of withdrawal from the Contract must be sent to the Seller within the withdrawal period. The Buyer may use the sample form attached as Appendix 2 to these Terms and Conditions to withdraw from the Contract. The Buyer may send the notice of withdrawal from the Contract, inter alia, to the address of the Seller’s registered office or to the e-mail: lavvu@lavvuinstruments.com
    c) In the event of withdrawal from the Contract, the Contract shall be cancelled from the outset. The Goods must be returned to the Seller within 14 (fourteen) days of withdrawal from the Contract. The return of goods by COD (cash on delivery) will not be accepted by the Seller. If the Buyer withdraws from the Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
    d) If the Buyer validly withdraws from the Contract, the Seller shall return the funds received to the Buyer without undue delay, no later than 14 (fourteen) days after withdrawal from the Contract. However, the Seller shall not be obliged to return the funds to the Buyer before the Buyer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.
    e) The Seller is entitled to examine the returned goods, especially for any damage or wear and tear of the returned goods. The Seller is entitled to unilaterally offset the claim for compensation for any damage to the goods against the Buyer’s claim for a refund of the purchase price.
    f) The Buyer, who is a Consumer, may further withdraw from the Contract in the cases set out in the Seller’s Complaints Procedure.

6.2. Withdrawal from the Contract by the Buyer who is an Entrepreneur:
    a) The Buyer, who is an Entrepreneur, may withdraw from the Contract only in the following cases:
       i. in the event of a material breach of the Contract by the Seller, provided that the Buyer has notified the Seller in writing and given the Seller a reasonable period of time, not less than ten (10) working days, to remedy the breach, or
       ii. in cases specified in the Seller’s Complaints Procedure. 
    b) The provisions of paragraphs 6.1 b) to 6.1 f) of these Terms and Conditions governing the procedure for withdrawal from the Contract shall apply to the Entrepreneur mutatis mutandis.
    c) Other legal possibilities of withdrawal from the Contract by the Buyer – Entrepreneur are excluded.

6.3. Withdrawal from the Contract by the Seller:
    a) The Buyer acknowledges that the Seller has the right to withdraw from the Contract within 14 (fourteen) days of its conclusion, if due to a technical error of the E-shop there was an incorrect display of the offer of goods and consequently the Contract was concluded under conditions under which the Seller clearly did not intend to conclude it – typically in cases of, when the E-shop displays a purchase price of the goods that is obviously unreasonably low in relation to the value of the goods, without indicating that it is a sale or discount promotion, or in case of incorrect conversion of the price of the goods into another currency, or in case of other errors in the offer of goods on the E-shop. In this case, the Seller will notify the Buyer of the situation by e-mail. The Contract shall be terminated at the moment of delivery of such notification to the Buyer. The Seller shall refund the Buyer the full price of the goods paid by the Buyer within 30 (thirty) days of cancellation.
    b) Other legal options for termination of the Contract or withdrawal from the Contract by the Seller are not affected.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligaMons of the Seller and the Buyer arising from defecMve performance are regulated in the Seller’s Complaints Procedure, which is available here .

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods. The risk of damage to the goods is passed on to the Buyer at the moment of taking over the goods, or if the Buyer does not take over the goods even though the Seller has allowed him/her to handle them.

8.2. The Seller shall not be liable for the use of the goods in a manner that does not correspond to the intended use of the goods or that is contrary to the instructions for the use of the goods provided by the Seller. The Seller shall also not be liable for any damage or defects in the goods resulting from the use of the goods in such an improper manner.

8.3. In the event that the Seller is unable to perform the Contract properly and on time due to force majeure (as an extraordinary unforeseeable and insurmountable obstacle arising independently of the Seller’s will), the Seller shall inform the Buyer thereof without undue delay. All time limits for the Seller’s performance shall be extended by the period during which the Force Majeure Event continues. The provisions of Section 2913 of the Civil Code are not affected.

8.4. The Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code in relation to the Buyer who is a Consumer.

8.5. The Buyer agrees to the use of remote means of communication in concluding the Contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Contract (in particular the cost of Internet connection, the cost of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate of the respective communication service providers.

8.6. The concluded Contracts are archived by the Seller in electronic form. Access to the archived Contract is exclusively available to the Seller or their business partners. The Buyer is provided with an e-mail confirmation of the conclusion of the Contract in accordance with these Terms and Conditions, or can access the concluded Contracts through the User account on the E-shop.

9. USER AND PROPERTY RIGHTS TO THE E-SHOP

9.1. The E-shop, including its content and the software ensuring its operation, is protected by intellectual property rights, primarily as a work of authorship within the meaning of Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), as amended. The Buyer shall use the E-shop and the works contained therein exclusively for the time, for the purposes, to the extent and in the manner necessary to use the E-shop in accordance with these Terms and Conditions (i.e., to make purchases, view goods, register and use the User Account). The Buyer is not entitled to use the E-shop or its contents, especially for his/her own commercial purposes. The Buyer is not entitled to grant any sub-licenses to third parties or to assign the license to a third party. The Buyer may not interfere with the E-shop or its contents in any way, modify it, combine it with another work or include it in a collective work. This also applies to other legally protected intangible assets made available to the Buyer within the E-shop.

10. DATA PROTECTION

10.1. Information on the processing of personal data of the Buyer or persons acting on behalf of the Buyer in connection with the conclusion and performance of the Contract can be found in the document “Information about the Processing of Personal Data”, which is available here.

10.2. The Buyer declares that he/she has complied with the information obligations under Article 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) with regard to the transfer of personal data of such persons to the Seller and in this respect the Seller, as an independent controller, does not need to inform the relevant natural persons further.

11. CONSUMER DISPUTE RESOLUTION

11.1. In the event that a consumer dispute arises between the Buyer, who is a Consumer, and the Seller, which cannot be resolved by mutual agreement, the Buyer – Consumer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is: the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, address: Štěpánská 15 120 00 Prague 2, website: www.coi.The contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes) is the European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz.

12. MUTUAL COMMUNICATION

12.1. All notices between the Buyer and the Seller relating to the Contract and these Terms and Conditions, or to be given pursuant thereto, shall be in writing and delivered to the other party. The requirement of written form shall also be complied with if the notice is given electronically via the Seller’s email lavvu@lavvuinstruments.com and the Buyer’s email specified in the Order or User Account.

12.2. The Buyer and the Seller undertake that in case of a change of contact details, they will inform the other party of this change (i.e., update their details in the E-shop) within 3 (three) working days at the latest.

13. COMMON AND FINAL PROVISIONS

13.1. The courts of the Czech Republic shall be competent to resolve any disputes arising between the Seller and the Buyer, unless the jurisdiction of the court cannot be agreed otherwise by law or other legal regulation.

13.2. The Terms and Conditions are drawn up in Czech and English. The contract can be concluded in Czech or English.

13.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall 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. Amendments to the Contract or the Terms and Conditions shall be in writing.

13.4. The Seller is entitled to amend or change these Terms and Conditions at any time. This addition and/or change will be published on the Website and information about this addition and/or change will also be sent to the Buyer who has a User Account to his/her contact e-mail address indicated in the User Account. On the effective date of the new version of the Terms and Conditions, the previous Terms and Conditions shall cease to be effective. In case the Buyer does not agree with the new Terms and Conditions, he/she may terminate the use of the User Account and the E-shop at any time. This provision, however, does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions (i.e., in particular the already concluded Agreement).

13.5. The Seller is entitled to refer to the provision of performance to the Buyer under the Contract for his/her own presentation as a reference.  

13.6. The Parties exclude the application of the provisions of Section 557 of the Civil Code.

13.7. The Buyer agrees that the Seller has the right to assign the Contract or any part thereof to a third party. The Buyer shall not transfer, assign, pledge or otherwise encumber his/her claims against the Seller without the written consent of the Seller.
13.8. Both Parties hereby assume the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

13.9. The Parties undertake to inform each other promptly of any facts that may affect the performance of the Parties’ obligations or may affect the continued validity of the Contract.

13.10. These Terms and Conditions as well as all legal relations arising from them are governed by the law of the Czech Republic, excluding the impact of the UN Vienna Convention on Contracts for the International Sale of Goods.

13.11. All disputes arising from these Terms and Conditions, including disputes arising from relations related to the Terms and Conditions, which cannot be resolved by negotiations between the parties or are not resolved through out-of-court settlement of consumer disputes, shall be decided by the courts of the Czech Republic.

13.12. These Terms and Conditions come into force on 1.09.2020.

ANNEXES TO THE TERMS AND CONDITIONS: 
Appendix 1 - Sample Order - available here.
Annex 2 - Consumer Withdrawal Form - available here.