COMPANY INFORMATIONS

ELEGA spol. S. R. O.

E-commerce Seller: Elega

Website editor: Elega

Website Owner: Elega

Company organised and existing under the laws of the Czech Republic with registered address at: Tyršova 536, Třebechovice pod Orebem, 503 46, Czech Republic

 

Subject is entered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, Insert 1147
e-mail and Customer care: info@elega.eu
Phone: +420 495 593 077
Mobile: + 420 603876462
Responsible person: Dita Valentová

VAT: 42194393

Tax Code - CZ42194393

Owner: Eva Šedinová

 

TERMS AND CONDITIONS

 

SUMMARY

• The goods can be returned within the first 14 days of purchasing them and the money will be credited to your account within 14 days of the proper return.

• Discount codes cannot be combined or only applied to a specific item in an order.

• Delivery time varies by carrier. We ship the goods within 2 days.

• GDPR: Your personal data will be processed in accordance with the principles taking into account the requirements of GDPR legislation.

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.elega.eu (URL site” or “Website”).  Please read these terms and conditions carefully before ordering any Products from our website.  You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.

 

Please click on the button marked "I Accept" at the end of the purchasing form conditions if you accept them.  Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from our site. Once you accept the following Terms and Conditions, you will be defined hereinafter also as “Clients” or “Client” or “you”.

 

Your status

By placing an order through our site, you warrant that:

a You are legally capable of entering into binding contracts;

b You are at least 18 years old;

c  You are purchasing the Products for your own personal and non-business use; and

d  You are purchasing Products for delivery in the European Union.

Any personal data that we gather concerning you shall be used only in accordance with our “

 

Users account

- Based on the buyer's registration made on the website www.elega.eu, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

- When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

- Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

- The buyer is not entitled to allow the use of the user account to third parties.

- The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates its obligations under the purchase agreement (including business conditions).

- The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of third-party hardware and software.

Execution of the contract

- The price and essential characteristics of each Product (along with the relevant Product codes) are displayed on our site.

- Before submitting an order through our site, you shall read carefully all the instructions provided during the purchase procedure

- In order to issue a purchase order, you need to register on our site as guest or as a user.

- Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions of Sale and binding for the Client. The sending of the order proposal by the Client implies the obligation of the latter to pay the price of the ordered Product(s).

- Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on our site, before sending the order proposal (as, for example: Client may change the quantity of Products that intend to purchase by adding or removing one or more Products from its “Shopping Bag”).

- Without prejudice to the use of data described in the Privacy Policy, the order proposal and the Client’s data related to that order proposal may be kept by ELEGA for the period required by applicable legislation. Furthermore, contracts executed with Clients will be archived by ELEGA for the retention period required by applicable law. 

- The Client acknowledges and agrees that ELEGA may cancel the agreement with the Client, in case of:

A, the Products are not available (with no prejudice to the provision set out under clauses 4.11, 5.2, 5.3); or

B, a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes;

C, the Client has not fulfilled his/her obligations deriving from a prior contract executed with ELEGA.

- The contract will relate only to those Products whose dispatch or supply we have confirmed in the Order Confirmation. 

- Despite the Order Confirmation, in case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.

- The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and modalities of payment, information on the conditions and methods to exercise the right of withdrawal (including information on the exclusion of the right of withdrawal for personalised Products), information on delivery charges, the address to which complaints may be addressed, information on support services and on existing commercial terms and a copy of these General Conditions of Sale ( Sect. 1822(2) of the Czech Civil Code).

Availability and product information

- Information on Products (along with the relevant Product codes) and relevant prices are available on our website. 

- The Products available on our website are a selection of items normally available in stores; however, ELEGA does not provide any warranty to the Client relating to the availability in the stores of the Products available on the Website. Furthermore, we do not guarantee that any of the Products shown on our site will be in stock. Pictures of the Products displayed on our site may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Products and their characteristics as mentioned on our site.

- ELEGA reserves the right at any time to limit quantities and/or type of Products available on the Website. The style, models and colours of the Products described may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product; ELEGA is not liable towards the Client in case of unavailability of the Product prior to the execution of the contract.

- In no case ELEGA shall be liable for errors occurred due to failure of the Client’s connection to the Website. Furthermore, ELEGA will not take any responsibility in regard to the Client under the following circumstances, regardless of the reason for the damages, the cause, the nature of the damages, or the results:

A, any damages caused by the suspension or stoppage of the operation of our site;

B, any damages resulting from a third party hacking our site and changing the information that it provides.

 

Transport and delivery

- Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.  The delivery date will be arranged by us in accordance with our operators in the area of the delivery and will vary based on the delivery address, type of Products and other relevant factors. Products shall be delivered to the address indicated by the Client in the order proposal.

- Delivery charges shall be borne by the Client and are indicated separately on the Order Confirmation.

The purchased Product shall be delivered by a courier service selected by ELEGA (hereinafter “Courier”); the purchased Products will be delivered in next working days check our Shipping times and costs

- At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to verify: that the addressee indicated on the delivery note is correct; and that the packaging and its seals are intact, undamaged, not wet or altered in any manner.

- Any damages to the packaging and/or the Product(s), or discrepancies in the addressee references or documentation must be immediately indicated in writing to the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Product(s) in accordance with the conditions set forth under clause 10 below.

Shipping confirmation

- ELEGA or Courier shall send a shipping confirmation to the Client via e-mail once the Products are dispatched

Risk and title

-The risk of loss or of damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Product.

- Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges.

Consumer rights

- In addition to the rights granted below, you may cancel the full price product contract at any time within 14 calendar days, starting from the day you receive the applicable Products (Cancellation Period), also in accordance with the provisions of paragraph 1829 of the Czech Civil Code. In this case, you will receive a full refund of the price paid for the products in accordance with our refund policy (set out in Article 11 below). If you want to cancel the contract, you must inform us in writing within the cancellation period, stating the products for which you wish to exercise the right to withdraw from the contract and the order number (section 1829 of the Czech Civil Code). -

Without prejudice to the right conferred in the article below and in accordance with the provisions of paragraph. 1837 (d) of the Czech Civil Code, the right of withdrawal set forth in the article above does not apply to orders for a personalized Product, such as those made at the customer's request.

Lack of conformity

- If a Product sold by ELEGA has manufacturing defects or in any case of alleged lack of conformity of Products sold by ELEGA, you must contact Online Support by using the following contact: info@elega.eu

- The legal guarantees established by Articles 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Czech Civil Code apply to the sale of the Products. Under these Articles, you have the right to get the Product repaired (or replaced) free of charge within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the Products, or the contract cancelled. You lose these rights if you fail to notify ELEGA of the lack of conformity within 2 (two) years from the date on which you detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by ELEGA shall automatically lapse 24 (twenty-four) months after the delivery of the Products. Delivery costs for returning the Product to be repaired or replaced under this clause, shall be borne by ELEGA, as well as any costs related to the delivery to you of the repaired or replacing Product.

 

Our refunds policy

- If you would like to return a Product to us, please contact us using the form available at the following e-mail address: info@elega.eu

- If you cancel an agreement between us under the article above and return the Product to us under the article below, we will process your refund as soon as possible, in any case within 14 days of giving notice of your cancellation. In such a case, we will refund the price of the Product in full, including the cost of sending the goods to you and without the costs incurred in returning the goods to us at our Customer Service, we will inform you of the Drop-off point for your country.

- If you return the Product because the Product is defective, we will review the returned Product and notify you by email within a reasonable time of the refund. We will usually process the refund due to you as soon as possible, in any case within 14 days of the date we confirmed by email that you are entitled to a refund for the defective product. The product you returned due to a defect will be returned in full, including a refund of the shipping charges for sending the goods to you and the costs you will incur when returning the goods to us. The cost of sending the goods will be refunded only if such a product was not included in the bulk order.

-It should be clear that in both cases, you must return all related Products to us immediately, in the same condition in which you have received them. You have a legal obligation to take reasonable care of the Products if they are in your possession. We may have the right to negotiate damages against you and no compensation will be provided:

A, if there is evidence that the Products have already been used (wrinkles, damage, odours)

B, if part of the Products, or accessories, are missing

- We will usually refund the money you receive from you by bank transfer TO YOUR BANK ACCOUNT.

Price and payment

-The price of any Products will be as quoted on our website, except in cases of obvious error. Our site works in good faith to display accurate Product information at all times.

- Product prices are listed on the website in euros or Czech crowns and include all applicable taxes and fees. Delivery costs are added to the price of the products and are listed separately on the shopping bag.

- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection.

- Any rights of the Client (consumer) cannot be applied to gifts that are provided completely free of charge. Such goods meet the conditions of the donation contract and are governed by applicable law. The donation contract is concluded between us and the Client with the cancellation condition that if the Client withdraws from the purchase contract within 14 days according to Section 1829 (1) of the Civil Code, he is obliged to return the provided gifts together with the purchased Products to us.

- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.

- Payment of the price of the Products included in the order proposal and the relevant delivery fees shall be paid by the Client by credit card, Apple pay or bank transfer or other available payment instrument. For credit card payments, the transaction is governed by any separate terms and conditions between the client and the credit card company.

- ELEGA accepts payments made with the following credit cards: Visa, Visa Electron, MasterCard, Maestro, Diners Club, Apple pay, credit cards issued in the EU

-The transactions will be debited from the Client’s credit card only after the credit card data has been verified and the authorization to debit the card has been received from the issuer of the card used by the Client.

- In the event that, for any reason, it is impossible to debit the amount due by the Client within the due deadline, the contract will not be executed, and the order will be cancelled.

- According to Act No. 112/2016 Coll., on Registration of Sales, as amended ("Act on Sales Registration") the Seller is obliged to issue an invoice to the Client. At the same time, the Seller is obliged to register the received sales with the tax administrator online; in the event of a technical failure, no later than 48 hours.

- We shall issue invoices in accordance with the Act on Sales Registration in electronic form sent by e-mail or in paper form, depending on the selected payment method and method of transport.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement and that such communication is in writing.  This condition does not affect your statutory rights.

Notices

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above.  ELEGA will reply to you as soon as possible using its best and reasonable efforts.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Events outside of our control

- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our reasonable control (Force Majeure Event). 

- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

A, Strikes, lockouts or other industrial action.

B, Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

C, Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

D, Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

E, Impossibility of the use of public or private telecommunications networks.

F, The acts, decrees, legislation, regulations or restrictions of any government.

- Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

Severability

If any of these General Conditions of Sale or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Links

- When creating a link to our site, we may decline the link depending on the content of the website being linked from and the method of that link. Furthermore, ELEGA in no way guarantees the content of any sites to which it is linked and bears no responsibility at all for any damages incurred by a site that is linked to.

Entire agreement

-These General Conditions of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract that supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these General Conditions of Sale.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these General Conditions of Sale.

Our right to vary these General Conditions of Sale

-We have the right to revise and amend these General Conditions of Sale from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 

- You will be subject to the policies and General Conditions of Sale in force at the time that you order Products from us, unless any change to those policies or these General Conditions of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these General Conditions of Sale before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the General Conditions of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction

- The handling of consumer complaints is provided by the seller via the electronic address obchod@elega.eu. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.

- These General Conditions of Sale and, therefore, the contracts executed with the Clients, shall be governed by, and will be interpreted in accordance with Czech laws. 

- All disputes arising out of the interpretation, validity and/or implementation of these General Terms and Conditions of Sale are subject to the laws of the CZECH REPUBLIC

- The Client may use the extrajudicial resolution of disputes in case of a dispute between us and the Client. In such a case, the Client may contact the subject of extrajudicial resolution of disputes, which is the Czech Trade Inspection Authority (Česká obchodní inspekce) (http://www.coi.cz) and follow the rules outlined there. More information on extrajudicial resolution of disputes can also be found on the website of the Czech Trade Inspection Authority. Otherwise, you can decide to access to the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr