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Conditions of business

I. Introductory Provisions
  1. These conditions of business are valid for the purchase of goods in the internet shop www.luxurybags.cz and www.luxurybags.sk (hereinafter referred to as the “E-shop”), which is operated by the company LBCE s.r.o.[Ltd.], with registered seat at Praha 6–Řepy, Na Moklině 289/16, postcode 163 00, entered in the Commercial Register kept by the Municipal Court in Prague, section C, inset 164155, IČO[ID no.]: 24660523, DIČ[Tax ID no.]: CZ24660523, tel. 420 222 314 869; 420 728 818 155, e-mail: info@luxurybags.cz (hereinafter referred to as the “Vendor”).
  2. Article V and article VIII of these conditions of business do not relate to cases in which the person who intends to purchase goods from the Vendor is not a consumer in the sense of Section 419 of Act no. 89/ 2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”).
  3. The Vendor may amend or supplement the wording of the conditions of business. However, the conditions of business in the wording valid on the day of sending of the order by the purchaser shall always form a component of the contract of purchase.
II. Conclusion of Contract of Purchase
  1. The web interface of the E-shop contains a list of goods offered by the Vendor for sale, including a statement of the prices of the individual offered goods. The prices of the offered goods are stated including value added tax and all the connected charges. The offer of sale of goods and the prices of these goods remain valid throughout the period during which they are displayed on the web interface of the E-shop. This provision does not limit the option of the Vendor to conclude a contract of purchase under individually arranged conditions. All offers of sale of goods presented on the web interface of the E-shop are non-binding, and the Vendor is not obliged to conclude a contract of purchase with regard to these goods.
  2. The web interface of the E-shop also contains information about the costs in connection with the delivery of goods to addresses located within the territory of the Czech and Slovak Republics. The Vendor shall provide information about the costs in connection with the delivery of goods to addresses located outside the Czech and Slovak Republics on the basis of an individual inquiry.
  3. To order goods, the purchaser shall place goods in the shopping basket by clicking on the “ORDER” button in the detail of the view of the individual product in the E-shop. The purchaser shall subsequently complete his/her delivery and invoicing details in the web interface of the E-shop, and select the method of delivery of goods and the method of payment. The purchaser shall also confirm his/her consent to these conditions of business and take into account the information provided before the conclusion of the contract, as well as the instruction on the right to withdraw from the contract. All of the above stated in this article 2.3 is hereinafter referred to jointly as the “order”. The purchaser shall send the order to the Vendor by clicking on the “COMPLETE ORDER” button.
  4. The Vendor considers the information stated in the order to be correct. Upon ordering goods, the purchaser is obliged to state all the information in the order correctly and truthfully. In the case of incorrect statement of any information in the order, the purchaser shall inform the Vendor by e-mail to the address info@luxurybags.cz, where he/she shall state the order number and the correct information.
  5. An order is only a proposal for a contract of purchase on the part of the purchaser.
    1. If the purchaser has selected delivery by means of a forwarding company (PPL or other) or courier (Messenger) in the order, the contractual relationship (contract of purchaser) is not established between the Vendor and the purchaser until the delivery of the notification of confirmation of the order (acceptance), which the Vendor shall send to the purchaser by e-mail, to the address of the purchaser stated in the order.
    2. If the purchaser has selected collection at the LUXURY BAGS Bazaar at the address Tynská ulička 10, Prague 1, 110 00 (hereinafter referred to as the “Bazaar”) as the method of delivery in the order, the Vendor shall merely reserve the goods for the purchaser for a period of 2 working days from the day of sending of the order, and the contract of purchase shall not be concluded between the Vendor and the purchaser until the moment of purchase of the goods in the Bazaar after the purchaser has been acquainted with the goods. In order to eliminate any doubts, the purchaser is not obliged to purchase reserved goods.
  6. The purchaser acknowledges that the Vendor is not obliged to conclude a contract of purchase, especially with persons who have previously breached a contract of purchase (including these conditions of business) in a fundamental manner, or in the case that an earlier order has been placed by another purchaser, with regard to the fact that the Vendor mostly has a single specific item of the offered goods in the offer of the E-shop.
  7. The Vendor is always authorized, depending on the character of the order (quantity of goods, amount of purchase price, envisaged costs for transport), to request additional confirmation of the order (for example in writing or by telephone) from the purchaser.
  8. The purchaser agrees to the use of means of long-distance communication (in the sense of Section 1820 paragraph 1 of the Civil Code) upon the conclusion of the contract of purchase. The costs incurred by the purchaser upon the use of means of long-distance communication in connection with the conclusion of the contract of purchase (costs for internet connection, costs for telephone calls) shall be paid by the purchaser.
  9. The content of the contract of purchase is: (i) the order and (ii) these conditions of business.
  10. According to Section 1740 paragraph 3 of the Civil Code, a response from the purchaser with an addendum or alteration does not represent acceptance of the offer for the conclusion of a contract of purchase, even if it does not fundamentally alter the conditions of the offer. The provision of Section 1740 paragraph 3 of the Civil Code is not used in relation to the relationship between the Vendor and the purchaser upon a purchase made by the purchaser in the E-shop.
III. Conditions of Payment and Sending of Goods
  1. The purchaser may pay the purchase price and any applicable costs in connection with the delivery of the goods at the contracted amount according to the contract of purchase (hereinafter referred to jointly as the “purchase price”) to the Vendor by the following methods:
    1. by bank transfer or cash payment into the account of the Vendor:
      1. no. 2200898299/2010 held at FIO bank, if the purchase price is arranged in CZK and the purchaser pays the price from an account held at a bank in the Czech Republic, or
      2. no. 2300068196/2010 held at FIO bank, if the purchase price is arranged in EUR and the purchaser pays the purchase price from an account held at a bank in the Slovak Republic, or
      3. IBAN: DE82855901004559379307, BIC: GENODEF1NGS, held at Volksbank Löbau-Zittau eG, if the purchase price is arranged in EUR and the purchaser pays the purchase price from an account held at a bank outside of the Czech and Slovak Republics.
    2. by cash on delivery to the contractual forwarder at the location designated by the purchaser in the order, or
    3. in cash upon conclusion of the contract of purchase in the Bazaar.
  2. In the case of payment in cash or in the case of payment by cash on delivery, the purchase price is payable upon receipt of the goods.
  3. In the case of payment by bank transfer or cash payment into the account of the Vendor, the purchase price is payable within 4 working days of the day of conclusion of the contract of purchase, in which the obligation of the purchaser to pay the purchase price is met at the moment of crediting of the relevant amount into the account of the Vendor. If the purchase price is not paid in full in a timely manner, the contract of purchase expires unless the purchaser pays the purchase price within an additional period provided at any time by the Vendor, or if the Vendor accepts later payment of the purchase price (e.g. by sending ordered goods to the purchaser).
  4. The Vendor is authorized to demand payment of the entire purchase price before sending the goods to the purchaser, unless otherwise agreed. In order to accelerate arrangement of the order, we recommend that confirmation of implementation of payment be sent to the e-mail address: info@luxurybags.cz. The purchaser is authorized to use means from his/her savings in the customer account of the E-shop for payment of part of or the entire purchase price.
  5. In the case that the purchaser selects delivery of the goods by means of the forwarding company PPL, the purchaser shall obtain a code for monitoring the consignment at http://www.ppl.cz.
  6. The Vendor is a payer of value added tax. The purchaser shall always obtain a tax document, either in the consignment together with the goods or in person upon collection of the goods in the Bazaar. Sale of used goods is subject to a special VAT regime according to Section 90 of Act no. 235/2004 Coll., on value added tax, which prohibits the statement of the amount of VAT for used goods on the tax document, and the purchaser does not have the right to claim deduction of VAT upon the sale of used goods.
  7. Any applicable discounts on the price of goods provided by the Vendor to the purchaser may not be mutually combined.
IV. Transit and Delivery of Goods
  1. If the Vendor is obliged to deliver goods to the location designated by the purchaser in the order in accordance with the contract, the purchaser is obliged to receive the goods upon delivery.
  2. In the case that it is necessary to deliver repeatedly or by a different method than that which was stated in the order for reasons on the part of the purchaser, the purchaser shall be obliged to pay the Vendor the costs in connection with the repeated delivery of goods or the costs in connection with the different method of delivery.
  3. The purchaser is obliged to check the condition of the consignment upon delivery. If any mechanical damage to the packaging of the goods is determined (e.g. torn or dented box, ripped off adhesive tape), the purchaser is obliged to check the condition of the goods in the presence of the transporter, and in the case of damage it is necessary to draft a damage protocol with the driver of the forwarder. By signing the delivery slip upon receipt of the goods, the purchaser confirms that the goods have arrived in a mechanically undamaged condition. As a result, no claims for mechanical damage to goods following the signature of the delivery slip can be acknowledged, with regard to the conditions of transit of our contractual forwarder.
V. Quality Guarantee upon Receipt and Liability for Damages
  1. The rights and obligations of the contracting parties with regard to the guarantee of the Vendor for the quality of goods upon receipt, as well as rights ensuing from defective fulfillment, are governed by the generally binding regulations (in particular the provisions of Section 2161 and subsequent of the Civil Code and the Consumer Protection Act).
  2. The Vendor is responsible to the purchaser for ensuring that goods have no defects upon delivery. In particular the Vendor is responsible to the purchaser for ensuring that at the time when the purchaser receives the goods:
    1. the goods manifest the qualities which the parties agreed upon, and in the case that there was no such agreement, such qualities which the Vendor or manufacturer described or the purchaser expected with regard to the nature of the goods and on the basis of the promotion on the part of the Vendor and manufacturer,
    2. the goods are fit for the purpose as stated by the Vendor, or for which goods of this type are usually used,
    3. the goods are within the corresponding quantity, degree or weight, and
    4. the goods meet the requirements of the legal regulations.
  3. If a defect appears within the course of six months from receipt, the goods are considered to have been defective upon receipt.
  4. If the goods do not manifest the qualities as stipulated in article 5.2 above, the purchaser may demand the delivery of new goods without defects unless this is disproportionate with regard to the nature of the defect, but if the defect relates only to a part of the goods, the purchaser may demand only the replacement of that part; if this is not possible, the purchaser may withdraw from the contract. If, however, this is inappropriate with regard to the nature of the defect, in particular if it is possible to rectify the defect without unnecessary delay, the purchaser has the right to rectification of the defect free of charge.
  5. The purchaser has the right to the delivery of new goods or replacement of a part thereof also in the case of a removable defect if the purchaser is unable to use the goods in a regular manner due to repeated occurrence of a defect following repair or due to a larger number of defects. In such a case the purchaser also has the right to withdraw from the contract of purchase.
  6. If the purchaser does not withdraw from the contract of purchase or does not apply the right to the delivery of new goods without defects, to replacement of a part thereof or the repair of the goods, the purchaser may demand a commensurate discount. The purchaser has the right to a commensurate discount in the case that the Vendor is unable to deliver new goods without defects, replace a part thereof or repair the goods, as well as in the case that the Vendor does not arrange rectification within a commensurate period or in the case that arrangement of rectification would cause considerable inconvenience to the purchaser.
  7. The purchaser does not have any rights ensuing from defective fulfillment in the case that the purchaser was aware that the goods were defective before the receipt of the goods, or if the purchaser caused the defect himself/herself.
  8. The purchaser is authorized to apply rights on the basis of a defect which appears on consumer goods within a period of twenty four months from the receipt of the goods (with the exception stated in article 5.7 below). This does not apply:
    1. in the case of goods sold for a lower price due to a defect for which the lower price was arranged,
    2. to wear of goods caused by their usual use,
    3. in the case of used goods for a defect corresponding to the degree of use or wear which the goods manifested upon receipt by the purchaser, or
    4. if this ensues from the nature of the item.
  9. The great majority of goods offered in the E-shop are used. Goods indicated in the offer of the E-shop with the words “good as new” are considered to mean used goods which are in excellent condition (virtually unused). For used goods, the Vendor and the purchaser arrange a truncation of the time for application of rights ensuing from defective fulfillment to 12 months from the receipt of goods in accordance with Section 2168 of the Civil Code.
  10. If defective fulfillment represents a fundamental breach of contract, the purchaser has the right:
    1. to rectification of the defect by means of delivery of a new item without defects or the delivery of the missing item,
    2. to rectification of the defect by means of repair of the item,
    3. to a commensurate discount on the purchase price, or
    4. to withdraw from the contract.
  11. The purchaser shall inform the Vendor regarding the right he/she has chosen to apply upon reporting of a defect, or without unnecessary delay after the reporting of the defect. The purchaser may not alter the choice made without the consent of the Vendor; this does not apply if the purchaser has requested the repair of a defect which is shown to be irreparable. If the Vendor fails to rectify the defect within a commensurate period or informs the purchaser that it shall not rectify the defect, the purchaser may demand a commensurate discount on the purchase price instead of rectification of the defect, or may withdraw from the contract. If the purchaser does not apply his/her right in a timely manner, he/she has the rights:
    1. If defective fulfillment represents a non-fundamental breach of contract, the purchaser has the right to rectification of the defect or a commensurate discount on the purchase price.
    2. Until the purchaser applies the right to a discount on the purchase price or withdrawal from the contract, the Vendor may deliver any item or part thereof that is missing or rectify the legal defect. The Vendor may rectify other defects according to its own choice by means of repair of the goods or delivery of new goods; this choice must not result in the purchaser incurring inappropriate costs.
    3. If the Vendor fails to rectify a defect of the goods in a timely manner or refuses to rectify the defect, the purchaser may demand a discount on the purchase price, or may withdraw from the contract. The purchaser may not alter the choice made without the consent of the Vendor.
  12. The Vendor does not provide a separate contractual guarantee for quality according to Section 2113 of the Civil Code beyond the framework of the legal provisions.
  13. The purchaser shall apply any rights on the basis of the quality guarantee upon receipt and the liability of the Vendor at the address of the LUXURY BAGS bazaar, Pařížská 11, Prag 1, 110 00. The moment of application of the claim is considered to be the moment at which the Vendor received the claimed goods from the purchaser.
  14. Claims are settled in accordance with the claims procedure, the Civil Code, the Consumer Protection Act and other legal regulations.
VI. Guarantee of Originality
  1. The Vendor, in an endeavor to protect its good reputation in the field of the sale of original luxury goods which it has been building since 2007, guarantees that all goods offered and purchased in the E-shop and Bazaar are original and authentic.
  2. If any goods are not original, the purchaser has the right to withdraw from the contract of purchase and to a full refund of the purchase price at any time.
VII. Protection of Personal Data
  1. Protection of the personal data of the purchaser, who is a natural person, is provided by Act no. 101/2000 Coll., on the protection of personal data, as amended by the later regulations.
  2. Personal data which is provided by the purchaser to the Vendor for the purpose of fulfillment of the order may be gathered, processed and stored in accordance with the valid laws of the Czech Republic, in particular with the Personal Data Protection Act.
  3. The purchaser provides the Vendor with his/her consent to the gathering and processing of the personal data stated in the order for the purposes of the fulfillment of the subject of the concluded contract of purchase, for marketing purposes and for the purposes of sending information and commercial messages to the purchaser, up until the time of a written statement from the purchaser stating revocation of consent to such processing. The purchaser has the right to access and amend his/her personal data, including further legal rights to this data.
  4. Personal data shall be processed for an indefinite period. Personal data shall be processed in electronic form by an automated method, or in printed form by a non-automated method.
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  5. The purchaser confirms that the provided personal data is precise and that he/she has been instructed that this represents voluntary provision of personal data.
  6. The purchaser consents to the sending of information in connection with the goods, services or the company of the Vendor to the e-mail address of the purchaser, and further consents to the sending of commercial messages by the Vendor to the e-mail address of the purchaser.
VIII. Withdrawal from Contract
  1. The purchaser, who is a consumer in the sense of the provision of Section 419 of the Civil Code, has the right to withdraw from the contract of purchase without stating the reason within 14 days of receipt of the goods under the conditions stipulated in the provisions of Section 1829 and subsequent of the Civil Code, on the precondition that the contract of purchase was concluded using means of remote communication in the sense of Section 1820 paragraph 1 of the Civil Code.
  2. The purchaser shall withdraw from the contract of purchase by means of a notification in the form of:
    1. a letter sent via an operator of postal services and delivered to the address: LBCE s.r.o., obchod LUXURY BAGS, Pařížská 11, Prag 1, 110 00, or
    2. an e-mail sent to the address info@luxurybags.cz.
  3. In order to adhere to the period for withdrawal from the contract of purchase it is sufficient for the purchaser to send notification of application of the right to withdraw from the contract of purchase to the Vendor before the elapse of the period for withdrawal from the contract.
  4. In the notification of withdrawal from the contract, the purchaser shall state the number of the bank account into which he/she wishes the purchase price to be returned. 
  5. If the purchaser withdraws from the contract of purchase:
    1. the purchaser shall send or submit to the Vendor the goods which he/she received from the Vendor without unnecessary delay, and at the latest within fourteen days of withdrawal from the contract, to the address LBCE s.r.o., obchod LUXURY BAGS, Pařížská 11, Prag 1, 110 00; and
    2. the Vendor shall return to the purchaser all financial means, including the costs for the delivery of the goods (within a scope which does not exceed the cheapest method of delivery of the goods as offered by the Vendor) which the purchaser received from the Vendor on the basis of the contract of purchase, without unnecessary delay and no later than fourteen days from the delivery of notification of withdrawal from the contract of purchase on the part of the purchaser. The Vendor shall return the financial means by the same method by which the purchaser paid the purchase price. The purchaser hereby agrees that in the case of payment of the purchase price by cash on delivery, the monetary means shall be returned to the bank account of the purchaser specified in the notification of withdrawal from the contract. If the purchaser withdraws from the contract of purchase, the Vendor is not obliged to return the monetary means to the purchaser before the purchaser submits the goods to the Vendor or demonstrates that he/she has sent the goods to the Vendor.
  6. The purchaser is informed and agrees that in the case of withdrawal from the contract, the purchaser shall bear the costs in connection with the return of the goods to the Vendor in accordance with the provision of Section 1820 paragraph 1 letter g) of the Civil Code.
  7. The purchaser is responsible to the Vendor only for a reduction of value to the goods which has occurred as a result of handling of the goods by a method other than is necessary for familiarization with the nature and properties of the goods, including their functionality. The Vendor shall clear any applicable claim against the receivable of the purchaser for the return of monetary means for returned goods.
  8. The purchaser acknowledges the fact that if gifts are provided together with the goods, the contract of donation between the Vendor and the purchaser concluded with the cancelation condition that should the consumer apply the right to withdraw from the contract according to Section 1829 of the Civil Code, the contract of donation is rendered invalid and the purchaser is obliged to return the attendant provided gifts together with the returned goods.
  9. The purchaser confirms that he/she has been instructed with regard to the right to withdraw from the contract in accordance with Section 1820 paragraph 1 letter f) of the Civil Code.
  10. In order to eliminate doubts, it applies that this article VIII of the conditions of business shall not be applied to contracts of purchase concluded in the Bazaar.
IX. Further Rights and Obligations of Contracting Parties
  1. The purchaser acquires the ownership of the goods by means of payment of the entire purchase price of the goods.
  2. The purchaser acknowledges that the program equipment and other components forming the web interface of the E-shop (including photographs of the offered goods) are protected by copyright. The purchaser is obliged not to engage in any activity which could enable the purchaser or other third parties to interfere with or use the program equipment or other components forming the web interface of the E-shop in an unauthorized manner.
  3. The purchaser acknowledges that the Vendor does not bear liability for errors caused as a consequence of interference on the part of third parties with the website of the E-shop, or as a consequence of use of the website of the E-shop in a manner which is in conflict with its designation.
X. Concluding Provisions
  1. These conditions of business become valid and effective on the day of 1 January 2014 and replace all previous conditions of business of the Vendor.
  2. These conditions of business, i.e. the wording stated on the website of the Vendor at the address) on the day of sending of the order by the purchaser, form a component of the contract of purchase.
  3. Articles V, VI and VII of these conditions of business are applied as appropriate also for the purchase of goods by the consumer in the sense of Section 419 of the Civil Code directly in the Bazaar, without a prior order placed by means of the web interface of the E-shop.
  4. If the relationship in connection with the use of the website or the legal relationship established by the contract of purchase contains an international (foreign) element, the Vendor and purchaser arrange that the contractual relationship is governed by Czech law. The rights of the consumer on the basis of the generally binding regulations shall not be affected thereby.
  5. Any dispute between the Vendor and the Purchaser can be settled out-of-court through an Alternative or Online Dispute Resolution (ADR/ODR) procedure. Please find more information here.
  6. If any provision of these general conditions of business is or becomes invalid or ineffective, it shall be replaced by a provision which is as close as possible in its sense to the original provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
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