Lukahome.co.uk » Terms and conditions
These terms and conditions apply to purchases in the online store available at the website www.lukahome.co.uk.
The terms and conditions further define and specify the rights and obligations of the seller , which is the company Babynabytek sro, with its registered office at Bukovec 259, 739 85 Bukovec, ID: 294 41 102, VAT number: CZ29441102, entered in the Commercial Register under file number C 53377 kept by the Regional Court in Ostrava, and the buyer (customer, consumer).
All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, relationships not regulated by the terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection. If the contracting party is not a consumer, relationships not regulated by the terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code.
II. Definition of terms
The seller is the company Babynabytek sro, with its registered office at Bukovec 259, 739 85 Bukovec, Company ID: 294 41 102, registered in the Commercial Register under file number C 53377 kept by the Regional Court, while Babynabytek sro is a person who, when concluding and fulfilling the contract, acts within the scope of its commercial or other business activity. It is an entrepreneur who, directly or through other entrepreneurs, supplies the buyer with products or provides services.
The customer of our online store available at the website address www.lukahome.co.uk is the buyer . Due to the applicable legal regulations, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.
A consumer buyer or simply a consumer is any person who, outside the scope of their business activity or outside the scope of the independent performance of their profession, concludes a contract with an entrepreneur or otherwise deals with him.
A buyer who is not a consumer is an entrepreneur . An entrepreneur is also considered to be any person who concludes contracts related to their own commercial, production or similar activities or in the independent performance of their profession, or a person who acts in the name or on behalf of an entrepreneur.
Goods are understood to mean any items or services offered to the buyer through the online store at the website address www.lukahome.co.uk.
III. Purchase contract
If the Buyer is a consumer, the proposal to conclude a purchase contract (offer) is the placement of the offered Goods by the Supplier on the website www.lukahome.co.uk, the purchase contract is formed by sending an order by the Buyer - Consumer and acceptance of the order by the Supplier. The Supplier will immediately confirm this acceptance to the Buyer by sending an informative e-mail to the specified e-mail, however, this confirmation has no effect on the formation of the contract. The resulting contract (including the agreed price) can be changed or canceled only on the basis of an agreement between the parties or on the basis of legal reasons.
Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Send" button.
If the buyer is not a consumer , the proposal to conclude a purchase contract is the order for goods sent by the buyer and the purchase contract itself is concluded at the moment of confirmation of acceptance of the buyer's proposal by the seller via e-mail. In the event that the buyer , who is not a consumer, enters an incorrect e-mail contact when placing an order, the seller will notify him by telephone and confirm the acceptance of his proposal. The contract is then concluded at the moment of such notification.
By concluding the purchase contract, the buyer confirms that he has read these terms and conditions, including the complaints procedure, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaints procedure before placing the order and has the opportunity to familiarize himself with them.
The period for settling complaints is suspended if the seller has not received all the documents necessary for settling the complaint (parts of the goods , other documents, etc.). The seller is obliged to request additional documents from the buyer as soon as possible. The period is suspended from this date until the buyer delivers the requested documents.
The Seller reserves the right, among other things, to cancel the order or part of it before concluding the purchase contract, based on an agreement with the Buyer , in the following cases: The goods are no longer produced or supplied or the price of the goods supplier has changed significantly. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the purchase contract will not be concluded.
The Buyer declares that all information provided in the order is correct, true, complete and valid at the time the order is sent.
No consumer rights can be applied to gifts that are provided completely free of charge. Such goods fall under the regime of a gift contract and the related valid legislation of the Czech Republic.
The color shades of the goods in the pictures as well as the shapes may differ from reality (due to technical reasons, monitor settings, age, lighting in the room, angle of the photo, etc.). The photo is illustrative, the decoration is not part of the product unless otherwise stated.
IV. Price and payment terms
The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the Seller in the following ways:
The seller does not require a deposit or other similar payment from the buyer . This does not affect the provisions of the terms and conditions below regarding the obligation to pay the purchase price of the goods in advance. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment (payment in advance - proforma invoice), the purchase price is payable within 7 days of concluding the purchase contract. The invoice is payable on the date stated on the document.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol (order number). In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account. In individual cases, the seller is entitled to demand payment of the entire purchase price before sending the goods to the buyer . The provisions of Section 2119, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, do not apply. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with each other.
Orders can be cancelled by phone or email within 24 hours of placing the order to info@lukahome.co.uk. It is also possible to cancel the order before the order is dispatched. After the order is dispatched, the full postage will be charged as stated in the order. This invoice will be issued by the company's accounting department and sent to the recipient's address. If this is customary in business or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract.
The seller is a payer of value added tax. The seller issues a tax document - invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's electronic address.
The seller reserves the right to make an advance payment. An advance payment is required for orders of atypical goods, items that are not normally in stock, and for orders with a higher amount.
V. Reservation of ownership rights
The Seller remains the owner of the Goods until they are paid in full by the Buyer. However, the risk of damage to the goods passes to the Buyer upon their acceptance. Damage to the goods arising from the transfer of the risk of damage to the goods to the Buyer shall not affect his obligation to pay the purchase price, unless the Seller caused the damage by breach of his obligation.
VI. Delivery
If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. The goods are considered delivered at the moment they are taken over by the buyer or a person authorized to do so or handed over to the first carrier for transport to the buyer, if shipment of the goods to the buyer has been agreed.
If the contracting parties so agree, the seller will arrange for the buyer to transport the goods or send the goods to the requested address. In the event that the place of delivery of the goods is not normally accessible for the transport of the goods (impassable road, prohibition of entry to the premises, etc.), the buyer is obliged to notify the seller of this fact in advance in the order. If he fails to do so, he is obliged to compensate him for the damage caused by complications with the delivery of the goods.
Immediately after taking over the goods, the Buyer is obliged to inspect the goods and record any defects found, if they were obviously caused by the carrier, or if the damage caused by the carrier cannot be excluded due to the nature of the damage, in the complaint protocol of the relevant carrier. If the delivered goods clearly do not correspond to the order, the Buyer is entitled to refuse to take them over. In the event that the goods are delivered in the original packaging and unpacked only after the takeover, the Buyer is obliged to carry out the inspection immediately after unpacking.
In the event that the method of transport is agreed upon based on a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport. Further rights and obligations of the parties during the transport of the Goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
Orders placed on babynabytek.cz are shipped only within the Czech Republic.
VII. Rights arising from defective performance
The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., Civil Code). The seller is responsible to the consumer that the item is free from defects upon acceptance. In particular, the seller is responsible to the consumer that at the time the consumer accepted the item,
If the item does not have the above-mentioned properties, the consumer may also request the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request the replacement of the part; if this is not possible, the consumer may withdraw from the contract. However, if this is unreasonable due to the nature of the defect, in particular if the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge. The consumer has the right to have a new item delivered or a replacement part replaced even in the case of a removable defect, unless the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a large number of defects. In such a case, the consumer also has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or does not exercise the right to a new item without defects, to replace a part of it or to repair the item, he may demand a reasonable discount. The consumer has the right to a reasonable discount even if the Seller cannot deliver a new item without defects, replace a part of it or repair the item, as well as if the Seller does not remedy the problem within a reasonable time or if remedying the problem would cause the consumer considerable difficulties.
The seller will confirm receipt of the complaint to the buyer in writing or will invite him to complete the missing information. The deadline for handling the complaint is 30 days from its receipt.
The buyer is not entitled to the right to claim defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself. The consumer is entitled to claim the right to claim a defect that occurs in consumer goods within twenty-four months of taking over. If the defect becomes apparent within six months of taking over, it is considered that the item was defective upon taking over. The seller provides the buyer with a complaint form for the purposes of claiming the right to claim defects in the purchased goods. Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's complaint procedure.
If the purchase contract is concluded using means of distance communication (in an online store), the consumer has the right to withdraw from the contract without giving a reason within 14 days of receipt of the goods (if the subject of the purchase 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). Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. If the consumer wishes to withdraw from the contract within 14 days according to the previous paragraph, he/she shall contact the seller and state in writing that he/she is withdrawing from the contract.
In the withdrawal, the order number, date of purchase and account number for the refund shall be stated. To withdraw from the purchase contract, the consumer may also use the sample form provided by the seller, which is an annex to these terms and conditions. The consumer may send the withdrawal from the purchase contract, among others, to:
In the event that the Buyer withdraws from the contract in accordance with the previous paragraphs, the Seller shall return the funds received from the Buyer (except for the amount representing additional costs for the delivery of the goods 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 ) within 14 days of the Buyer's withdrawal from the purchase contract, in the same way as the Seller received them from the Buyer , unless the Buyer specifies otherwise. The Seller is also entitled to return the performance provided by the Buyer when the goods are returned by the Buyer or in another way, if the Buyer agrees to this and no additional costs are incurred by the Buyer .
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller. However, the provisions of the law on withdrawal from the contract within 14 days cannot be understood as a free loan from God. In the event of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must return to the seller everything he has acquired under the purchase contract within 14 days of withdrawal from the contract. If this is no longer possible (e.g. the goods have been destroyed or worn out in the meantime), the consumer must provide monetary compensation as a countervalue for what can no longer be returned.
If the returned goods are only partially damaged, the Seller may claim compensation from the Consumer and offset his claim against the refunded purchase price. In such a case, the Seller is obliged to prove the damage incurred. In such a case, the Seller shall only refund the Consumer the purchase price thus reduced. The Seller may offset his actual costs incurred in returning the goods against the purchase price to be refunded to the Buyer.
The withdrawal period lasts 14 calendar days (not working days) and begins on the following calendar day after the consumer takes over the goods, and the withdrawal from the purchase contract must be sent to the supplier no later than the last day of this period. The consumer does not have the right to withdraw from the contract in accordance with the provisions of Section 1837 of the Civil Code, in particular, in the case of contracts:
The Seller reserves the right to cancel an order for goods marked as "Currently unavailable" if the goods can no longer be delivered or replaced with another model or if their price has changed significantly and the Buyer does not accept this before the purchase contract is concluded. The Seller informs the Buyer of this situation. If part or all of the order has been paid, the money will be returned to the Buyer's account.
IX. Protection of personal data
Information about the buyer is stored in accordance with the applicable legislation of the Czech Republic, in particular Act No. 101/2000 Coll., on the protection of personal data. By concluding the contract, the buyer agrees to the processing and collection of his personal data in the seller's database after the successful fulfillment of the contract and until his written expression of disagreement with this processing. The buyer has the right to access his personal data, the right to correct them, including other legal rights to this data. Personal data can be removed from the database based on the buyer's written request. The buyers' personal data are fully secured against misuse.
The supplier does not transfer the personal data of buyers to any other person. The exception is external carriers, to whom the personal data of buyers is transferred to the minimum extent necessary for the delivery of the goods. Individual contracts are archived by the operator after their conclusion, in electronic form and are accessible only to the store operator.
The Seller may, upon consent, process so-called "cookies" in order to facilitate the provision of information society services, in accordance with the provisions of Directive 95/46/EC on the purpose of "cookies" or similar tools, and it is ensured that the Buyers are aware of the information that is stored on the terminal equipment they use. The Buyers have the option to refuse the storage of "cookies" or similar tools on their terminal equipment, e.g. by activating the anonymous browsing function in their browser.
X. Costs of using means of distance communication
The Buyer agrees to the use of distance communication means when concluding the purchase contract. The Buyer shall bear the costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs).
XI. Other rights and obligations of the contracting parties
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of Act No. 89/2012 Coll., Civil Code. The Seller handles consumer complaints via the electronic address info@lukahome.co.uk or via the telephone line at +420 228 884 992. The Seller will send information about the handling of the Buyer's complaint to the Buyer's provided electronic address, or contact the Buyer via the provided telephone number.
The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.
The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of Act No. 89/2012 Coll., Civil Code.
XII. Verified by customers (Heureka)
We determine your satisfaction with your purchase through e-mail questionnaires as part of the Verified by Customers program, in which our e-shop is involved. We send these to you every time you make a purchase from us, unless you refuse to receive them pursuant to Section 7(3) of Act No. 480/2004 Coll. on certain information society services. We process personal data for the purposes of sending questionnaires as part of the Verified by Customers program based on our legitimate interest, which consists of determining your satisfaction with your purchase from us. To send questionnaires, evaluate your feedback, and analyze our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we may provide information about the purchased goods and your e-mail address to it. When sending e-mail questionnaires, your personal data is not provided to any third party for its own purposes. You can object to receiving email surveys as part of the Verified by Customers program at any time by opting out of further surveys using the link in the survey email. If you object, we will not send you any more surveys.
XIII. Final provisions
These terms and conditions apply in the wording stated on the seller's website on the day of conclusion of the purchase contract. After its confirmation by the seller , the consumer's order is archived as a concluded contract for the purpose of its fulfillment and further records, and its status is accessible to the buyer . The contract can be concluded in the Czech language, or in other languages, unless this is the reason for the impossibility of its conclusion.
By purchasing, the buyer agrees to the sending of commercial communications. These terms and conditions allow the consumer to archive and reproduce them. At the moment of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions in the wording valid on the day the order is sent, including the price of the ordered goods stated in the confirmed order, unless demonstrably agreed otherwise in a specific case. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding regulations.
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 comes 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 and supplements to the purchase contract or terms and conditions require written form. A sample form for withdrawal from the purchase contract is attached to the terms and conditions. The Seller reserves the right to make changes to these terms and conditions. These changes do not apply to orders completed before the relevant changes come into effect.
In the event that a consumer dispute arises between us and the consumer from a purchase contract or a service contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, website: adr.coi.cz. The consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
Changes to the Terms and Conditions are effective upon their publication on the website.
According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, no later than within 48 hours.
The seller's contact details are:
Published on 20. 9. 2018
Complaints procedure: here
