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Terms of service

GENERAL TERMS AND CONDITIONS FOR E-SHOP

By ordering Goods on the Web portal www.latayafashion.com, the Customer concludes a purchase contract with the Seller (hereinafter referred to as the "Contract"). These General Terms and Conditions define the content of the Contract, in particular the rights and obligations arising from it for the Seller and the Customer.

Seller:
Name: LA TAYA FASHION s.r.o.
ID: 27920542
Headquarters: Praha 5 - Stodůlky, Raichlova 2619/7, Postal Code 15500
registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 126572

Contact details:
Phone: +420 723 533 589
E-mail: info@latayafashion.com
Web portal: www.latayafashion.com
as a seller of goods on the e-shop (hereinafter referred to as "Seller")

I. Introductory provisions

1.1 The General Terms and Conditions of Business (hereinafter referred to as the "Terms and Conditions") regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising under or in connection with the conclusion of the Contract between the Seller and the Buyer (hereinafter referred to as the "Customer"). The Seller sells goods through the web portal and interface at www.latayafashion.com (hereinafter referred to as the "Web Portal").

1.2 The Terms and Conditions form an integral part of the Contract. They may be unilaterally supplemented or changed by the Seller. This does not affect the rights and obligations arising before the new Terms and Conditions come into force.

1.3 Provisions different from the Terms and Conditions may be agreed in the Contract. These provisions shall prevail over the Terms and Conditions.

1.4 The Terms and Conditions are drawn up in the Czech language.

1.5 All information about the processing of your personal data is contained in the Terms and Conditions for the processing of personal data, which can be found on the website www.latazafashion.com.

II. Basic definition


2.1. E-shop - an online shop on the Web portal, the purpose of which is to display, select and order goods.

2.2 Civil Code - Act No. 89/2012 Coll., the Civil Code, as amended.

2.3. Buyer/Customer - a natural person/entrepreneurial natural person/legal person who, on the basis of an order of goods made through the E-shop, concludes a purchase contract with the Seller.

2.4 Consumer - a person who, outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession, concludes a contract with an entrepreneur or otherwise deals with him/her.

2.5 Order - a binding proposal made by the Customer to conclude a purchase contract.

2.6. Purchase Contract/Contract - a contract concluded between the Seller and the Customer on the basis of an order of goods from the E-shop within the meaning of § 2079 et seq. of the Civil Code.

2.7 Consumer contract - a contract for the purchase of goods, the parties to which are the Seller and the Consumer.

2.8. Goods - an item that the Seller offers for sale via the E-shop.

2.9 User - a person who uses the E-shop.

2.10. User account - a part of the E-shop that is accessible to each registered User and displays individually generated data in their user interface - e.g. orders made by them.

2.11. Registration - registration of the User to the E-shop database by filling in the mandatory data for Registration.

2.12. Access data - User's login name and password generated during User Registration.

2.13. Price - the amount of money due to the Seller in connection with the purchase of the Goods.

2.14. Carriage Charge - the monetary amount for packing and delivery of the Goods.

2.15. Total Price - the aggregate price for the Goods and their carriage.

III. Conclusion of the Contract


3.1. The Goods and their presentation placed on the Seller's E-shop are of an informative nature, while the Seller is not obliged to conclude a Contract regarding the Goods. The provisions of Section 1732(2) of the Civil Code shall not apply, i.e. a proposal to deliver the Goods made via

  • Ads, 
  • catalogue,
  • by displaying the goods

is not an offer in the sense of the Seller's obligation to conclude the Contract. 


3.2 The E-shop contains information about the Goods, including the presentation of the Goods, the Price, the Price for shipping and the cost of returning the Goods. The price of the Goods on the E-shop is inclusive of value added tax and all related charges. This provision is without prejudice to the Seller's right to negotiate individual terms and conditions at the conclusion of the Contract.

3.3 The E-shop contains information about the Price for the carriage of the Goods, including the possible methods of carriage and the approximate date of delivery of the Goods. The shipping information published on the E-shop applies to the territory of the Czech Republic and other states of the European Union.

3.4 The contract may be concluded in Czech or English.

3.5 The Contract is concluded at the moment of sending the Order via the Order Form. By submitting the Order you agree to the use of means of distance communication. The Customer shall bear the costs of using the means of distance communication. These costs do not differ from the basic rate paid by the Customer for the use of these means (Internet access, telephone call rate).

3.6 In order to order the Goods, the Customer fills in the order form on the E-shop, which contains in particular the following information:

  • identification of the Goods that the Customer has placed in the electronic shopping cart by clicking on the button, or buttons that serve this purpose, called "Add to cart" or "Buy",
  • quantity and Price of the Goods per item,
  • the aggregate Price for the Goods, i.e. the Price for all items in the electronic shopping cart,
  • options for selecting the method of transportation of the Goods, including the indication of individual Prices,
  • the method of payment for the Goods, including their transportation.

3.7 Before submitting an Order, the Customer shall fill in his/her identification data in the form, which he/she is entitled to check, change or correct, including the possibility of changing the specific Goods, removing them from the electronic shopping cart, adjusting the quantity of the Goods, changing the choice of transport of the Goods or the method of payment. The same applies to other input data that the Customer has entered in the Order.

3.8 By clicking on the button "I agree to the Terms and Conditions and processing of personal data" before submitting the Order, the Customer agrees to the effective version of the Terms and Conditions and to the processing of personal data according to the effective Terms and Conditions of personal data processing. The Order is completed by clicking on the button, or buttons, used to send the Order with the obligation to pay, called "Send Order" or "Order".

3.9 The Seller considers the data received by the Customer through the Order to be correct, complete and true. The Seller shall promptly acknowledge receipt of the Order to the Customer's email address or telephone number provided in the Order Form. The Order confirmation shall include a summary of the Order and the Terms and Conditions as in force on the date of the Order.

3.10. Confirmation of the Order results in the conclusion of the Contract with the obligation to pay the Price of the Goods by the Customer and delivery of the Goods by the Seller.

3.11. The Seller is not obliged to confirm the Order. This applies in particular to cases of unavailability of the Goods or exceeding the maximum quantity of Goods that can be taken under the Order. In this case, the Seller will cancel your Order or contact you with an offer to conclude a Contract regarding the characteristics of similar Goods. The conclusion of the Contract will then take place at the moment of confirmation of the Seller's offer by the Customer.

3.12. The Customer may also place an order through his User Account. However, he is obliged to check the correctness, completeness and truthfulness of the pre-filled identification data.

3.13. If the Customer has a discount coupon, i.e. a voucher, he/she is obliged to fill in its code in the field "Discount coupon" and click on the button, or buttons, called "Discount coupon".

3.14. The Contract, including the Terms and Conditions, shall be stored by the Seller in electronic form and shall not be made available to the Customer. 


IV. Price and payment terms


4.1 The Unit Price of the Goods is inclusive of value added tax and all charges associated with the purchase of the Goods.

4.2 The price for the Goods is stated on the E-shop, in the Order proposal and Order confirmation. In the event of a discrepancy between the Price stated on the E-shop and in the Order Proposal, the Price in the Order Proposal shall prevail, which shall subsequently coincide with the Price contained in the Order Confirmation. The Order Proposal also includes the Price for the carriage of the Goods.

4.3 The Seller requires payment of the Price for the Goods, including the cost of packing and delivery of the Goods before the Customer takes delivery of the Goods. The total Price may be paid:

  • by online card - payment will be made through the Comgate payment gateway, under the terms and conditions set by this payment gateway, which the Customer can find on the Web portal https://www.comgate.cz/
  • via Google Pay or Apple Pay,
  • by bank transfer to the Seller's account No. 316120002/5500, kept at Raiffeisenbank a.s. - payment information will be communicated to the Customer via the Order confirmation,
  • on delivery on receipt of the shipment at the place specified in the Order.

4.4 In the case of non-cash payment, the Total Price is payable within 5 days from the date of the invoice for the Order, or within a specific date specified on the invoice, which may differ from the time period specified in the Terms and Conditions. The Customer is always bound by the due date stated on the invoice for the Order. When paying in cash, the Total Price is payable on receipt of the Goods.

4.5 Any discounts granted on the Price cannot be combined, i.e. only one discount coupon can be used for each Order.

4.6 The Contract is effective upon payment of the Total Price. The Total Price is in the event of:

  • bank transfer paid at the moment when the Seller receives the funds in the account, 
  • payments by card online, Google Pay, Apple Pay, credit card at the time of payment.

4.7 Title to the Goods shall pass to the Customer upon payment of the Total Price.

4.8 The Seller will issue a tax document for each Order, i.e. an invoice, which the Customer will find in his User Account and will also be sent to his e-mail address specified in the Order. The Seller is not a payer of value added tax.


V. Transportation of Goods

5.1 Goods are delivered to the Czech Republic[A5] and other EU countries.

5.2 The Goods will be delivered to the Customer according to their preferences in the following ways:

  • personal collection at the Seller's premises,
  • by personal collection at the delivery point of the companies Zásilkovna, Balíkovna, Uloženka, PPL Parcel, PPL, Geis[A6] ,
  • by delivery to the address specified in the Order via Zásilkovna, Česká Pošta, DHL, Geis, PPL[A7] .

5.3 The Customer is obliged to take delivery of the Goods at the selected delivery point or address specified in the Order.

5.4 If the goods have to be delivered repeatedly or to a different address or in a different way than specified in the Order, the Customer is obliged to pay the additional costs of transportation. Payment details will be delivered to the Customer's email address with a 14-day due date from the date of delivery.

5.5 The Goods will be delivered depending on the Seller's stock, availability, chosen method of transport and payment. The estimated delivery date of the Goods will be included in the Order Confirmation. The delivery date stated on the E-shop or in the Order confirmation is indicative only and may differ from the actual delivery time. In the event of an extraordinary failure in the production of the Goods or a delay on the part of the Supplier, the Seller will notify the Customer of the new estimated delivery date of the Goods via the email address or telephone number provided in the Order.

5.6 Upon receipt of the Goods from the shipping company, the Customer shall check the integrity of the packaging of the Goods and in case of any defects immediately notify the carrier and the Seller. If the Customer finds a defect in the packaging that indicates unauthorized entry into the shipment, the Customer is not obliged to accept the Goods from the carrier.

5.7 If the Customer fails to take delivery of the Goods, it is not a breach of the Seller's obligation to deliver the Goods. It is also not a withdrawal from the Contract, although the Seller has this right due to a material breach of the Contract by the Customer. The Seller shall be entitled to claim payment of transport costs and compensation for damages in the event that such damages have been incurred.

5.8 The risk of damage to the Goods shall pass to the Consumer at the moment of their receipt from the carrier. The Consumer shall bear all consequences related to loss, destruction, damage or any deterioration of the Goods.

5.9 If the Consumer fails to take possession of the Goods, the risk of damage to the Goods shall pass to the Consumer at the time when he could have taken possession of them.


VI. User account


6.1 By registering on the E-shop, the Customer can access his User Account as a User. The E-shop allows the purchase of Goods without Registration, therefore it is not necessary to set up a User Account.

6.2 The Customer is obliged to provide all personal data truthfully, correctly and completely during Registration. At the same time, he/she is obliged to update them in case of changes.

6.3 Access to the User Account is secured by a username and password. The User is obliged to maintain the confidentiality of his/her username and password. The Seller shall not be liable for any misuse of the User Data.

6.4 The User Account is individually designed for a specific User, therefore it is not possible to allow its use by third parties.

6.5 The Seller may cancel the User Account in the event of a breach of obligations under the Agreement, including the Terms and Conditions, by the User, or if the User has not used his User Account for a period of two years.

6.6.The User understands that the User Account may not be available continuously, primarily with regard to the necessary maintenance of the hardware and software equipment of the Seller or third parties cooperating with the Seller.

VII. Processing of personal data


7.1 The Seller processes 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 (hereinafter referred to as "GDPR").

7.2 For information on GDPR processing and protection, please refer to the "Privacy Policy" on the Web Portal at www.latayafashion.com.


VIII. Rights from defective performance 


8.1 Rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.2 For information on rights arising from defective performance, please refer to the "Complaints Procedure" on the Web portal www.latayafashion.com.


IX. Withdrawal from the Contract by the Consumer


9.1 Withdrawal from the Contract is governed by Sections 1829-1837 of the Civil Code.

9.2.In the case of conclusion of the Contract by distance or outside the Seller's business premises, i.e. through the E-shop or other means of distance communication, except for the cases referred to in § 1837 of the Civil Code, the Consumer has the right to withdraw from the Contract within 14 days from the date of conclusion of the Contract. In case of purchase of Goods, then within 14 days from the date of receipt of the Goods.

9.3 If the subject of the Contract is the purchase of several items of Goods under one Order, or Goods consisting of several items to be delivered separately, the start of the 14-day period shall be determined on the date of delivery of the last item of Goods or delivery of the last item or part of the Goods. In the case of a regular delivery of Goods over a period of time, the 14-day period shall commence on the date of the first delivery.

9.4 The Consumer shall notify the E-shop in writing to the E-shop's business address or electronically to the e-mail address specified at the beginning of this document. The template for withdrawal from the Contract under the title "Notice of withdrawal from the contract for the purchase of goods" is located on the Seller's Web portal www.latayafashion.com.

9.5 If the Consumer withdraws from the Contract, the Consumer shall send or hand over to the Seller the Goods received from the Seller without undue delay, but no later than 14 days after withdrawal from the Contract.

9.6 The e-shop shall return to the Consumer without undue delay, but no later than within 14 days of withdrawal from the Contract, all funds, including delivery costs, received from him on the basis of the Contract in the same manner. If the Consumer agrees to this, the E-shop shall return the funds received to the Consumer in another way, provided that the Consumer does not incur additional costs.

9.7 In accordance with § 1832 paragraph 4 of the Civil Code, the Seller shall not be obliged to return the funds received to the Consumer until he receives the Goods in question or until the Consumer proves that he has sent back the Goods.

9.8 The Consumer shall return the Goods to the Seller in the original packaging, if possible, and in a condition that corresponds to the fact that he has only become familiar with the nature, characteristics and functionality of the Goods. The Consumer shall be liable to the Seller for any diminution in the value of the Goods resulting from the handling of the Goods in a manner other than that set out in the preceding sentence. The Seller may refund the Consumer the amount less the cost of restoring the Goods to their original condition. 


X. Consumer review rules


10.1. Product reviews published on the E-shop are verified and come from registered Users who have a User Account and have purchased the Goods presented on the E-shop on the basis of the Contract. The same applies to reviews of the E-shop itself, i.e. the Seller. [A8]

10.2 Reviews may also be posted by authorized persons, such as influencers, who have received the Goods as a gift or in another agreed manner. Reviews coming from authorized persons are independent and unedited.

10.3 Sponsored reviews are marked on the E-shop as " paid ".

10.4. For the reviews that are screened, the method of screening their origin is indicated. [A10]

10.5 Verification of reviews, i.e. evaluation of the Goods and the E-shop, is carried out via the web portals heureka.cz and www.zbozi.cz and the E-shop web portal www.latayafashion.com

10.6 Verification of reviews via the web portals heureka.cz and www.zbozi.cz: 

  • Before submitting an Order on the E-shop, the Customer has the right to tick the boxes "Do not send a satisfaction survey within the framework of the Verified by Customers programme" and "I agree to the transfer of data for the purpose of evaluating the purchase for the Zboží.cz service",
  • if the Customer agrees to send the evaluation form, he/she will receive it from heureka.cz or zbozi.cz, whereupon he/she can fill it in, including the text evaluation,
  • The review will then be displayed on the web portal www.heureka.cz and www.zbozi.cz, and the E-shop is entitled to publish the review on the Web portal.
  • Verification of consumer reviews is carried out directly by the company. A review will be shown as verified if the Customer is verified with their contact details with these companies. Otherwise, the review will be marked as anonymous and therefore may not contain true information.

10.7 Verification of reviews on the Web portal of the E-shop:

  • After delivery of the Goods, the User can express his satisfaction or dissatisfaction by means of stars or text rating,
  • Received reviews are verified by checking the User's purchase history or by assigning them to the records of authorized persons,
  • the review will only be published if it has been verified in the above way.

Product ratings can be found in the details of each product.

10.8 Published reviews are independent and unedited. The e-shop displays verified positive and negative reviews.

10.9 The Customer shall refrain from evaluating content that:

  • fulfils the factual essence of a criminal offence under Act No.40/2009 Coll., the Criminal Code, as amended,
  • damages the reputation of the E-shop,
  • contains manifestly false information about the Goods,
  • is in violation of the Terms and Conditions, personal data protection legislation, including the Personal Data Protection Policy, and the legal order of the Czech Republic.

10.10. The Seller is entitled not to publish a review that contradicts the statements in the previous paragraph.

XI. Copyright of photos and videos published on the E-shop


11.1 Real photographs and videos published on the E-shop are copyrighted works within the meaning of Section 2 of Act No. 121/2000 Coll., Copyright Act, as amended (hereinafter referred to as the "Copyright Act").

11.2.Photographs and videos created directly by the Seller are his copyrighted work, therefore he has all rights under the Copyright Act. Photographs and videos taken by a professional photographer, provided by a supplier, subcontractor or manufacturer are used under licence.

11.3 The copyright cannot be interfered with by a third party without a licence, i.e. photographs and videos are not intended for free use. Otherwise, the Author is entitled to claim copyright protection.


11.4.Illustrative photographs and videos published on the E-shop are used on the basis of a license granted by their author, including the consent of the persons depicted therein, or they are materials intended for free use by the public.

XII. Dispute Resolution with Consumers


12.1. A complaint about the E-shop's procedure, which concerns e.g. delivery of the Goods without accessories, delayed refund of the Price in case of withdrawal from the Contract or rejection of a claim for Goods, may be sent by the Consumer to the E-shop's e-mail address info@latayafashion.com. The list of possible situations when it is advisable to contact the Seller first is of course wider, especially in the area of delivery of the Goods, discount on the Price, resolution of claims for Goods and other matters directly related to the Order. The Seller shall inform the Consumer of the resolution of the complaint via the Consumer's e-mail address.

12.2.The Consumer may submit a complaint to the Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, web portal: http://www.coi.cz, via the web form: https://www.coi.cz/podatelna, or in person or in writing at the relevant branch, for the reasons contained in Act No. 634/2012 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
These are, for example, the following cases:

  • The Seller shall not issue the Consumer with a document of receipt of the complaint or the method of its resolution,
  • The Seller fails to resolve the complaint within 30 days, or within the extended period agreed with the Consumer,
  • The Seller does not inform the Consumer of his rights when making a claim or of his rights in the event of a discrepancy between the Goods received and the Contract,
  • The Seller shall not issue the Consumer with a proof of purchase of the Goods containing all the requirements even upon request,
  • The e-shop uses unfair commercial practices consisting, for example, in the provision of false information about the offered Goods that have a significant impact on the Consumer's decision to purchase them,
  • The Seller does not mark the Goods with a Price,
  • The Seller offers unlabelled Goods - e.g. textiles with no indication of material composition,
  • E-shop offers Goods without instructions for use and maintenance in Czech language,
  • The seller offers products that are suspected of being unsafe.

12.3 The Czech Trade Inspection Authority is competent for the out-of-court settlement of consumer disputes arising from the Contract under the Consumer Protection Act. The platform, which can be found on the web portal http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the Seller and the Customer, who is a Consumer, from the contract for the purchase of Goods concluded by electronic means of distance communication.

12.4.The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, web portal: http://www.evropskyspotrebitel.cz, provides information on Consumer rights on the European market, including free assistance and advice on disputes between Consumers and E-shops from other EU countries, Norway and Iceland.


XIII. Final provisions 


13.1 The delivery of all information and documents is carried out via electronic means of communication, remotely, i.e. User account, e-mail, telephone number.

13.2 By creating and submitting an order for the purchase of Goods, you confirm that you have read the Terms and Conditions and that you agree to them in full via the web form.

13.3 The Contract may be amended only by written agreement between the Seller and the Customer.

13.4 If the Contract or the legal relationship arising from it contains an international element, for example, the delivery of Goods outside the Czech Republic, the rights and obligations between the Parties shall always be governed by the law of the Czech Republic. If you are in the position of a Consumer, your rights are not affected by the preceding sentence.

13.5 In the event of a change to the Terms and Conditions, the Seller shall publish the new Terms and Conditions on the Web Portal. However, this change shall not affect the rights and obligations arising from Contracts concluded before the new Terms and Conditions come into force.

13.6 In the case of regular or repeated delivery of the Goods, the new version of the Terms and Conditions will be sent to the Customer's e-mail address within 14 days of the effective date of the new Terms and Conditions. If the Customer does not send the Seller a notice of termination of the Contract for regular or repeated delivery of the Goods within 14 days of the delivery of the new version of the Terms and Conditions, the new Terms and Conditions shall become part of the Contract and shall apply to the first delivery of the Goods following the effective date of the change.  In the event that the Customer exercises the option to terminate the Contract, the notice period shall be 2 months.

These Terms and Conditions shall take effect from 30 April 2024.

 

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