1. Recitals
1.1. These Business Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the company: PGCM s.r.o., Company ID: 04354656, registered office: Klimentská 1216/46, 110 00 Prague 1, registered in the Business Register (hereinafter referred to as the “Seller”) govern mutual rights and obligations of the contracting parties arising from the Purchase contract (hereinafter referred to as the “Purchase contract”) concluded between the Seller and another natural person or legal entity (hereinafter referred to as the “Buyer”) through the Seller’s online store, as well as all rights and obligations of the contracting parties related to the Purchase contract. The Purchase contract is understood to be a contract for manufacturing custom-made goods according to the Buyer’s instructions. The online store is operated by the Seller at www.liberallark.com via a Web interface (hereinafter referred to as the “Web interface of the shop”).
1.2. Terms and Conditions further regulate the rights and obligations of the contracting parties while using the Seller’s website at www.liberallark.com (hereinafter referred to as the “Website”) and other related legal relations.
1.3. Terms and Conditions do not apply to cases where the entrepreneur acts in the course of his business. For the purpose of these Terms and Conditions, an entrepreneur is considered to be any person who concludes a purchase contract in connection with his own business, production or other similar activity or as a sole trader, or optionally a person acting for or on behalf of the entrepreneur.
1.4. Provisions derogating from the Terms and Conditions may only be agreed in the Purchase contract. Derogating provisions in the Purchase contract shall prevail over the provisions of the Terms and Conditions.
1.5. The Seller may unilaterally amend the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising from the previous version of the Terms and Conditions during the period in which it is in effect.
2. Ordering goods and user account
2.1. The Buyer can order goods without registration directly from the Web interface of the shop. Upon registration of the Buyer on the Website, the Buyer may, after logging in, enter his user interface (hereinafter referred to as the “User Account”), through which it is possible to order goods and perform other related operations.
2.2. When ordering goods and registering on the Website, the Buyer is obliged to provide accurate and true data needed. The Buyer is obliged to update the data provided in the User Account upon any change thereof without undue delay. The Buyer is responsible for the accuracy and truthfulness of the information provided. The information provided by the Buyer when ordering goods and in the User Account are considered accurate and true by the Seller.
2.3. Access to the User Account is secured by a user name and password (hereinafter referred to as “Access Data”). The Buyer is obliged to keep the Access Data confidential and protect it from disclosure to third parties. The Seller shall not be liable for any breach of this obligation by the Buyer.
2.4. The Buyer is not entitled to allow the use of the User Account by third parties.
2.5. The Seller may close the User Account, especially when the Buyer has not used his User Account for more than one (1) year, or if the Buyer breaches his obligations under the Purchase contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the necessary maintenance of the hardware and software equipment of the third parties.
3. Order and conclusion of the Purchase contract
3.1. The Web interface of the shop contains a list of goods offered by the Seller, including the purchase price of the goods offered. The purchase price of the offered goods includes value added tax and all related fees except for the costs of delivery of goods to the Buyer, which are listed separately (see Article 3.2. of the Terms and Conditions). The purchase price of the offered goods remains valid as long as it is displayed in the Web interface of the shop. This does not limit the Seller’s ability to conclude a Purchase contract under individually negotiated terms. All offers of goods placed in the Web interface of the shop are not binding and the Seller is not obliged to conclude a Purchase contract with the Buyer.
3.2. The Web interface of the shop also contains information about the costs associated with packaging and delivery of the goods to the Buyer. The information on the costs associated with the packaging and delivery of goods listed in the Web interface of the shop applies only when the goods are to be delivered within the territory of the European Union. In case of delivery of goods outside the European Union, the Buyer shall bear all costs incurred by the Seller associated with such delivery.
3.3. In order to purchase the offered goods, the Buyer must fill in an order form in the Web interface of the shop. The order form contains mostly of the following information: – ordered goods (selected goods are to be “put” by the Buyer into the electronic shopping cart in the Web interface of the shop) – method of payment of the purchase price (the Buyer selects one of the required payment methods) – delivery method and costs associated with the delivery of goods (the Buyer selects the desired delivery method) (hereinafter all together referred to as the “Order”).
3.4. The Buyer is obliged to provide within the order form complete, accurate and true personal data and data necessary for delivery of goods. For custom-made goods, the Buyer is also obliged to correctly and truthfully fill in the data necessary for manufacturing such goods. Before sending the Order to the Seller, the Buyer is obliged to check the data entered in the Order and correct any errors that might have occurred while filling the Order. The Buyer sends the Order to the Seller by clicking on “Complete the Order” button. The Buyer is responsible for the accuracy and truthfulness of all data stated in the Order whereas these data are considered correct by the Seller. Upon receipt of the Order, the Seller shall confirm receipt of the Order to the Buyer’s E-mail Address specified in the Order or in the Buyer’s User Account (hereinafter referred to as the “Buyer’s E-mail Address”). This confirmation on receipt is considered as acceptance of the Order according to Art. 3.6. of these Terms and Conditions.
3.5. Depending on the nature of the Order (quantity of goods, purchase price, estimated delivery costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g. in writing or by phone).
3.6. The Purchase contract is concluded at the moment of receipt of the Order confirmation (acceptance), which shall be sent by the Seller to the Buyer via e-mail to the Buyer’s E-mail Address.
3.7. The Buyer acknowledges that the Seller is not obliged to conclude the Purchase contract, especially with customers who have previously breached the Purchase contract (including the Terms and Conditions).
3.8. The Buyer explicitly agrees to use the means of distance communication when concluding the Purchase contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase contract (especially the costs of Internet connection, phone costs) shall be borne by the Buyer.
4. Purchase price and payment terms
4.1. The Buyer pays the purchase price and the costs associated with the delivery of the goods to the Seller by credit card when placing the Order.
4.2. In addition to the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless specifically provided otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. In case of cashless payments, the purchase price is due within two (2) days of the conclusion of the Purchase contract. The Buyer’s obligation to pay the purchase price is met for non-cash payments at the moment of crediting the relevant amount to the Seller’s account.
4.4. Any discounts on the purchase price provided by the Seller cannot be combined.
4.5. The Seller issues a tax receipt – invoice for the Buyer upon the request of the Buyer. The tax receipt – invoice is issued by the Seller to the Buyer after payment of the purchase price. The Seller sends the tax receipt in electronic form to the Buyer’s e-mail address.
4.6. The Seller is registered for VAT purposes.
5. Withdrawal from the Purchase contract
5.1. In the case of custom-made goods, the Buyer is not entitled to withdraw from the Purchase contract, as these goods are made according to the Buyer’s instructions.
5.2. If the Buyer fails to pay the purchase price within five (5) days after the purchase price is due, the Seller shall be deemed to have withdrawn from the Purchase Contract and the Purchase contract is deemed to be cancelled from the beginning unless from the Seller’s actions can be inferred that the Purchase contract is still binding.
5.3. Any costs incurred by the Seller in connection with the withdrawal from the Purchase contract, as well as any damage caused to the Seller, shall be unilaterally deducted against the Buyer’s claim for refund of the purchase price.
5.4. If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with the cancellation clause that in case of withdrawal from the Purchase contract, the donation agreement expires and the Buyer is obliged to return the goods together with the gift to the Seller.
5.5. In case of custom-made goods Order, the confirmed and paid Order can be cancelled within 48 hours of payment, but only after payment of a cancellation fee of 50% of the total value of custom-made goods (i.e. according to customer’s instructions).
6. Shipping and delivery of goods
6.1. The method of delivery of goods is at absolute discretion of the Buyer who can choose from the methods offered by the Seller, unless specified otherwise in the Purchase contract. In the event that the Buyer chooses other method of delivery of the goods than the methods offered by the Seller, the Buyer bears the risk and any additional costs associated with such method of delivery.
6.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to receive the goods upon delivery. If the Buyer breaches this obligation, the Seller is entitled to withdraw from the Purchase contract. The Buyer is obliged to pay any costs incurred by the Seller in connection with the withdrawal from the Purchase contract, as well as any damage caused to the Seller, within five (5) days from the delivery of the Seller’s request, while the Seller is entitled to unilaterally set off these claims against the purchase price.
6.3. If it is necessary due to reasons on the side of the Buyer to deliver the goods repeatedly or in any other way than specified in the Order, the Buyer is obliged to pay the Seller the costs associated with it.
6.4. Upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging and goods and in case of any defects notify the carrier immediately. In case of packaging breakage, which indicates unauthorized entry into the consignment, the Buyer is not obliged to take over the consignment from the carrier. By signing the delivery note, the Buyer confirms that the package of the consignment containing the purchased goods was intact and that the goods were received without defects.
7. Liability
7.1. The Seller’s liability for defects is governed by the relevant generally binding regulations.
7.2. The Buyer is obliged to check the condition of the delivered goods upon receiving the consignment from the carrier. If the Buyer finds any damage to the goods, he must notify the Seller no later than twenty-four (24) hours of receipt of the consignment by e-mail to info@liberallark.com.
7.3. The Buyer’s rights arising from the Seller’s liability for defects may be claimed from the Seller: PGCM s.r.o., Company ID: 04354656, registered office: Klimentská 1216/46, 110 00 Prague 1.
8. Other rights and obligations of the contracting parties
8.1. The Buyer acquires ownership of the purchased goods by paying the full purchase price.
8.2. The Buyer acknowledges that the software and all components that make up the Web interface of the store (including content, design and photographs of the offered goods) are protected by copyright. The Buyer undertakes not to use neither the software nor the components of the Web interface of the store, interfere with, or perform any activity that could allow such use or interventions by him or third parties.
8.3. The Buyer is not entitled to use mechanisms, software or other procedures that could adversely affect the operation of the Web interface of the store when using the Web interface of the store. The Buyer is authorized to use the Web interface of the store only to the extent that does not interfere with the rights of the Seller or third parties and which is in accordance with its purpose.
8.4. The Seller is not bound by any codes of conduct within the meaning of art. 1826 para. 1, let. e) of the Civil Code with regards to the Buyer.
8.5. The Buyer acknowledges that the Seller is not liable for errors resulting from third party interference in the Website or from the use of the Website in violation of its purpose.
9. Personal data protection and security
9.1. The Seller is obliged to process and store personal data in accordance with 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) and Act No. 101/2000 Coll., on the protection of personal data and on the amendment of certain acts, as amended, or Act that will supersede them in the future. For more information about the processing of personal data, please visit the Privacy Policy page.
10. Liability, warranty, complaints procedure
10.1. The Seller shall be liable to the Buyer for defects of the purchased goods if they occur on the goods upon their receipt or during the warranty period. The liability for defects shall be governed by the relevant provisions of the law when the Buyer is an entrepreneur. When the Buyer is a consumer, the liability shall be governed by the relevant provisions of the law and terms agreed in the Purchase contract.
10.2. The Buyer is obliged to inspect the purchased goods upon its receipt. When it is not possible, then the Buyer is obliged to do so without undue delay after receiving the purchased goods.
Liability for defects towards the Buyer who is a consumer.
10.3. The Seller shall be liable to the Buyer for the compliance of the purchased goods with the Purchase contract upon its receipt by the Buyer, in particular the purchased goods shall be free from defects. Compliance with the Purchase contract means that the purchased goods are of such a quality and have such properties as stipulated in the Purchase contract, as described by the Seller or expected on the basis of advertisement, optionally it must be of such a quality and properties that are usually expected for the item. When the purchased goods are not in accordance with the Purchase contract upon its receipt, the Buyer is entitled to claim from the Seller the full restoration of the purchased goods to the state corresponding to the Purchase contract free of charge and without undue delay. This can be done based on the Buyer’s choice either by replacing the defected goods, repairing them, or by providing the Buyer with a reasonable discount on the purchase price. In the event of a substantial breach of the Purchase contract, the Buyer also has the right to withdraw from the Purchase contract. This does not apply to the situation when the Buyer knew before the takeover of the purchased goods that the goods have a defect, or if the Buyer himself caused the defect, or when it is a defect that the Buyer is supposed to recognize with the usual prudence already at the conclusion of the Purchase contract. A conflict with the Purchase contract, which becomes apparent within six months from the date of receipt of the purchased goods, shall be deemed to exist already upon its receipt by the Buyer, unless this is contrary to the nature of the item or unless the Seller proves otherwise.
10.4. The Seller provides a 24-month warranty, unless otherwise stated on a packaging of the purchased goods or on the warranty certificate. The warranty period starts from the receipt of the purchased goods by the Buyer. If the purchased goods have been delivered under the Purchase contract, the warranty period starts from the arrival of the purchased goods to the place of performance. The warranty period shall be suspended from the moment the complaint is made until the Buyer is obliged to take over the purchased goods after the complaint has been handled. If the complaint procedure results in the replacement of the purchased goods, the warranty period shall start again from the receipt of the new goods. When replacing a defective part, the new warranty period applies only to the replaced part of the purchased goods.
10.5. When exercising the right to defect removal by repair, the Buyer has the right to have the defect removed free of charge, on time and in orderly manner. The Seller is obliged to remove the claimed defect without undue delay, but no later than within 30 calendar days from the day the complaint is made. Removable defects are those that can be repaired without affecting the appearance, function and quality of the product. In the event of a removable defect, the Buyer has the right to a new defect-free product or in the event of a material breach of the contract,
– if the complaint has not been handled within 30 calendar days from the date of its receipt and no other agreement has been reached on the time of the complaint procedure,
– if the Buyer can not properly use the purchased goods for the recurrence of removable defects after repair or for a larger number of removable defects, unless the law provides otherwise. A defect occurs again after repair if the same defect, which has been removed at least twice during the warranty period, recurs. The purchased goods suffer from a larger number of defects if at the time the complaint is made there are at least three different (arising from different causes) removable defects.
10.6. If it is an irremovable defect that prevents the purchased goods from being properly used as a product without defect, the Buyer has the right to a new defect-free product or to withdraw from the Purchase contract, unless the law provides otherwise. An irremovable defect is considered to be such a defect that cannot be removed or its removal is not expedient, while taking into account all relevant circumstances.
10.7. Disputes between the Seller and the consumer, which could not be settled directly, can also be settled by alternative dispute resolution, which is offered by Czech Trade Inspection Authority, seated at Štěpánská 567/15, 120 00 Prague 2, on their website http://www.coi.cz.
Liability for defects towards the Buyer who is an entrepreneur.
10.8. The complaint must be accompanied by a document certifying the date and place of receipt of the purchased goods, or the warranty certificate, if it was issued, the purchased goods themselves in complete condition, clean, free of all impurities and hygienically harmless. The complaint must include an identification of the defects of the purchased goods. By failing to present a document certifying the date and place of receipt of the purchased goods, the Buyer exposes himself to the risk of failure to prove the timeliness of the complaint and the justification of his claim.
10.9. The Seller shall confirm in writing the receipt of the complaint. After handling the complaint, the Seller shall provide the Buyer with a confirmation on the method of handling the complaint, as well as the repair performed and the duration of the complaint procedure.
10.10. The warranty does not cover usual wear and tear, lapse of lifetime due to excessive use beyond the intended use or purpose of the product, as well as improper treatment and improper use. No claim can be made for defects for which a discount from the Purchase Price has been provided.
10.11. The Seller shall not be liable for damages resulting from the functional properties of the goods, from improper use of the goods or incorrect handling of the goods. Defects of this origin are not covered by the warranty.
10.12. If it is found within the complaint procedure that a complaint for a certain defect is unjustified, then a new complaint procedure regarding the same defect can no longer take place and the Seller is entitled to refuse to accept the purchased goods for the purpose of complaint procedure.
10.13. The Buyer is obliged to take over the purchased goods without undue delay within 30 days from the day when he was informed of handling of his complaint. This period cannot expire earlier than 60 days from the submission of the complaint. By sending an Order via the online store, the Buyer confirms that in case he is past due with the takeover of the purchased goods, he shall reimburse the Seller for the costs related to the storage of the purchased goods in a lump sum of 20 EUR incl. VAT for each day of delay. By sending an Order via the online store, the Buyer confirms that in case he is past due with the takeover of the purchased goods for more than six months from the date when he was notified of the handling of his complaint, the Seller is entitled and authorized to ensure the liquidation of the purchased goods on behalf of the Buyer. In case when it was not possible to notify the Buyer of handling of his complaint, the Seller is entitled and authorized to ensure the liquidation of the purchased goods on behalf of the Buyer after six months from the day when the period for handling of the complaint elapsed.
10.14. In case the Buyer, who fails to take over the purchased goods on time, requests its repeated delivery, the Seller is obliged to deliver the purchased goods to the Buyer only on condition that the Buyer reimburses all costs related to such delivery in advance.
10.15. The statutory warranty does not cover gifts provided by the Seller. The gift is identified as having a zero value on the receipt, or the gift is marked with a 100% discount on the receipt which results in its zero value again.
11. Mail delivery
11.1. Unless agreed otherwise, all correspondence related to the Purchase contract must be delivered to the other contracting party in writing, according to the sender’s choice either by e-mail or by registered mail via the postal service provider.
11.2. The correspondence shall be delivered to the Buyer at the Buyer’s e-mail address. Consignment is delivered:
– in case of delivery by e-mail at the moment of its receipt to the incoming e-mail server (integrity of messages sent by e-mail can be secured by a certificate)
– in case of delivery by a postal service provider, by receipt of the consignment by the addressee
– in case of delivery by a postal service provider, also by refusal to take over the consignment, if the addressee (or a person authorized to receive the consignment) refuses to take over the consignment
– in case of delivery by a postal service provider, by expiry of ten (10) days period after the deposit of the consignment with the postal service provider, even if the addressee has not been informed of its deposit.
12. Final provisions
12.1. The Purchase contract, as well as the rights and obligations of the contracting parties when using the Website, are governed by Czech law.
12.2. If any provision of the Purchase contract or the Terms and Conditions is or becomes invalid or unenforceable, instead of invalid provision, the provision of the Purchase contract or the Terms and Conditions, the meaning of which is as close as possible to the invalid provision, shall apply. The invalidity or ineffectiveness of one provision shall not affect the validity and enforceability of the other provisions of the Purchase contract or the Terms and Conditions. Changes and amendments to the Purchase contract shall only be made in writing.
12.3. The Purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. Seller’s contact information: PGCM s.r.o., Company ID: 04354656, registered office: Klimentská 1216/46, 110 00 Prague 1, e-mail: info@liberallark.com.
12.5. According to the law, the Seller is obliged to issue a receipt for the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator.
Company PGCM s.r.o. , ID: 04354656 registered office: Klimentská 1216/46, 110 00 Prague 1, is the provider of the entire e-shop and is also responsible for contractual terms.
Company Goldeer Trade Ltd., ID: 08903334, registered office: 4th Floor, 399-401 Strand, London, WC2R 0LT, is the owner of the Liberal Lark brand.