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Terms and condition

I. Preliminary Provisions

These Business Terms and Conditions govern the purchases of goods and services made via the e-shop located on the website www.ladycup.eu, which is operated by Jaguara s.r.o., with its official registered office located at Truhlarska 1108/3, New Town, Prague 1, Postcode: 110 00, Organisation ID Number.: 27644120, VAT Number: CZ27644120

II. Definition of Basic Terms

Seller
Jaguara s.r.o.

Truhlarska 1108/3

New Town

Prague 1, Postcode: 110 00

Czech Republic

Organisation ID Number.: 27644120

VAT Number: CZ27644120

E-shop
The internet shop operated by the Seller on the website www.ladycup.eu.

Purchase Agreement

For the purposes of these Business Terms and Conditions, the Purchase Agreement is understood to be either an agreement for the purchase of goods or an agreement for the provision of services.

Buyer
Any e-shop customer who purchases the Seller’s Goods.

Business Terms and Conditions

These Business Terms and Conditions, always in the valid version published as of the day an Order is placed via the E-shop.

Order
An order place by the Buyer via the Seller’s website.

Voucher
A PDF file that the Buyer shall use as the entry ticket for the purchased Good or authorising the Buyer to collect the ordered Goods.

Goods

Any of the tangible movable items, consisting primarily of souvenirs and other items offered for sale which the Seller sells to the Buyer. 

III. Purchase Agreement

3.1. Purchase Agreement originating at the time the Buyer places an Order: The Seller advertises Goods on the E-shop website. A Purchase Agreement originates at the time the Buyer submits an Order and this Order is accepted by the Seller. The Seller shall confirm the acceptance of the Order by means of a confirmation sent to the Buyer’s e-mail address as specified in the Order. The Purchase Agreement may be modified or cancelled only on the basis of a mutual agreement between both parties or for legal reasons.
3.2. Prior to the submission of the Order to the Seller, the Buyer has the opportunity to check and modify the information that they have entered on the Order, including the ability of the Buyer to identify and correct any errors made at the time that the data was entered. The Buyer submits the order to the Seller by clicking on the ‘Create Order’ icon.
3.3. The Buyer agrees that remote communication shall be used at the time the Purchase Agreement is made. The costs incurred by the Buyer for using any means of remote communication associated with entering into the Purchase Agreement (namely the cost of an internet connection and the cost of phone calls) shall be borne by the Buyer.
3.4. All of the presentations of the Goods published on the website are for informational purposes only and the Seller is not obliged to enter into a Purchase Agreement for these Goods.
3.5. Binding Nature of the Business Terms and Conditions. The Buyer is bound by these Business Terms and Conditions immediately starting at the moment the completed Order is submitted. By confirming and submitting the Order, the Buyer declares that they are familiar with the valid Business Terms and Conditions. 

IV. Order Cancellation

The Seller reserves the right to refuse to accept or to cancel an Order or a part of an Order in the following situations:

The Goods are no longer produced or delivered;
The Goods cannot be delivered due to a force majeure event;
The customer has not paid the purchase price as specified on the Order;
The Seller’s supplier has made a significant change in the price of the Goods.

If the full purchase price or any part thereof has already been paid, this amount will be refunded to the person who paid it.

V. Payment Terms

The Seller reserves the right to change the price of the Goods. The price valid at the time the Order is placed (i.e. the current price specified at that time on the Seller’s website) remains valid until such time that the Purchase Agreement is made. The Buyer (final Buyer) is obliged to pay the purchase price for the Goods by no later than the day on which the Goods are taken over.

VI. Payment Methods

The payment method options are as follows:
cashless transfer to the seller's bank account No. 2556305001/5500, kept with Raiffeisenbank,
cashless payment card,
cashless transfer to the seller's account through the payment gateway,
cash on delivery when handing over the goods. 

VII. Withdrawal from the Purchase Agreement

Order Cancellation

The Buyer and the final Buyer have the right to cancel the Order at any time prior to the shipment of the goods or the dispatch of the Voucher without any penalties applied on the part of the Seller. Due to the Seller’s automated system it is not possibly to modify or change any Orders that have been completed and submitted.

Consumer’s Withdrawal from a Purchase Agreement Entered into via Remote Communication

In accordance with Section 1829 (1) of the Civil Code, a Consumer may withdraw without cause from the Purchase Agreement within fourteen (14) days of the date the Goods or the Voucher are taken over and there will be no penalties applied. In such situations the Consumer shall contact the Seller in writing at the Seller’s place of business or via an e-mail sent to info@ladycup.eu, wherein the consumer specifies that they are withdrawing from the a Purchase Agreement, the Order number, the date of purchase, and the bank account number to which the refund is to be sent.

VIII. Warranty

The Seller provides a twenty-four (24) month warranty for the Goods sold via the E-shop whereby the warranty period starts at the time the Goods are taken over by the Buyer.

IX. Complaint Procedure

In the interest of speeding up the complaint procedure, the Buyer should contact the Seller in advance by sending an e-mail to info@ladycup.eu. Unless the Seller and the Buyer agree otherwise, the complaint, including any defects, will be processed without any undue delay within no more than thirty (30) calendar days of the date the complaint is lodged.

X. Personal Data Protection

13.1. The personal data of a Buyer (individual) and any individuals representing a Buyer (legal entity) are stored in accordance with the valid legislation of the Czech Republic, namely Act No. 101/2000 Coll., on the protection of personal data, as amended.
13.2. At the time that the persons named in the preceding paragraph enter into a Purchase Agreement, they agree that their personal data may be collected and processed in the Seller’s database. This consent may be revoked at anytime in writing.
13.3. The personal data will be stored and collected solely for the purposes of entering into the Purchase Agreement, the delivery of the Goods in accordance with the Purchase Agreement, the processing of complaints and any related tasks, and for the Seller’s archival purpose for maintaining information about completed sales. The data may also be used for the purpose of providing possible discounts and other benefits to the Seller’s customers.

13.4. The customer’s personal data is fully protected against misuse. The Seller shall not provide the personal data of its customers to any third parties. The Seller may provide only the personal data that is required for the delivery of the goods to the transporter.

13.5. Once a Purchase Agreement is made, it is archived by the Seller in electronic format and is accessible only to the Seller and to the Buyer upon request.

XI. Sending of Commercial Messages and Storing Cookies

14.1. The Buyer agrees that information regarding the Goods and the Seller’s business as well as the Seller’s commercial messages may be sent to the Seller’s e-mail.

14.2. The Buyer agrees that cookies may be stored on their computer. If it is possible to make a purchase via the website and if the Seller is able to fulfil their obligations ensuing from the Purchase Agreement without storing cookies on the Buyer’s computer or other comparable equipment, the Buyer has the right to revoke the consent granted on the basis of the previous statement at any time.

XII. Personal Data Protection

13.1. The personal data of a Buyer (individual) and any individuals representing a Buyer (legal entity) are stored in accordance with the valid legislation of the Czech Republic, namely Act No. 101/2000 Coll., on the protection of personal data, as amended.

13.2. At the time that the persons named in the preceding paragraph enter into a Purchase Agreement, they agree that their personal data may be collected and processed in the Seller’s database. This consent may be revoked at anytime in writing.

13.3. The personal data will be stored and collected solely for the purposes of entering into the Purchase Agreement, the delivery of the Goods and/or Services in accordance with the Purchase Agreement, the processing of complaints and any related tasks, and for the Seller’s archival purpose for maintaining information about completed sales. The data may also be used for the purpose of providing possible discounts and other benefits to the Seller’s customers. 

13.4. The customer’s personal data is fully protected against misuse. The Seller shall not provide the personal data of its customers to any third parties. The Seller may provide only the personal data that is required for the delivery of the goods to the transporter.

13.5. Once a Purchase Agreement is made, it is archived by the Seller in electronic format and is accessible only to the Seller and to the Buyer upon request.

You can find more detailed information about personal data protection in the Privacy Policy here.

XIII. Sending of Commercial Messages and Storing Cookies

14.1. The Buyer agrees that information regarding the Goods, Services, and the Seller’s business as well as the Seller’s commercial messages may be sent to the Seller’s e-mail.

14.2. The Buyer agrees that cookies may be stored on their computer. If it is possible to make a purchase via the website and if the Seller is able to fulfil their obligations ensuing from the Purchase Agreement without storing cookies on the Buyer’s computer or other comparable equipment, the Buyer has the right to revoke the consent granted on the basis of the previous statement at any time.

XIV. Dispute Resolution

This agreement shall be governed by and construed in accordance with the laws of Czech Republic (without regard to its principles of private international law / conflict of laws), unless otherwise provided by the mandatory laws of the consumer’s place of residence.

Any dispute, controversy or claim arising out of or relating to the agreement between Jaguara s.r.o. and the Buyer shall primarily be resolved through mutual negotiations. In case a disagreement arising from the agreement cannot be resolved through negotiations, the Buyer may take the matter tothe Czech Trade Inspection (coi.cz/en/information-about-adr/) or a similar dispute resolution body, where applicable. You can check for your local dispute resolution body online here. You may also use the Online Dispute Resolution platform available at http://ec.europa.eu/consumers/odr.

European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).

Unless otherwise provided by the mandatory laws of the consumer’s place of residence, any dispute, controversy or claim arising out of or relating to the agreement shall be finally settled by the courts of Czech Republic. 

XV. Concluding Provisions

All contractual relationships entered into by the Seller as the first party and the Buyer as the second party are governed by the legal code of the Czech Republic, these Business Terms and Conditions, and any other relevant regulations of the Seller with which the applicable person has expressed their consent. Should any of the provisions of these Business Terms and Conditions become invalid or unenforceable, this shall have no effect on the validity and enforceability of the remaining provisions contained in these Business Terms and Conditions.

These Business Terms and Conditions allow the Buyer to make copies and to archive them. Immediately at the time that the Purchase Agreement is made, the Buyer accepts all of the provisions of the Business Terms and Conditions that are valid on the date when the Order is submitted, including the price of the ordered Good(s) as specified in the confirmed Order, unless it has been probably agreed otherwise.

The form for withdrawal from the purchase contract can be downloaded here

These Business Terms and Conditions enter into force on 1 February 2021.

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