General and business conditions

I. Basic provisions

These general terms and conditions (hereinafter the "terms and conditions") are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code")

4 Everything s.r.o.

Company ID No.: 09733868

registered office: Rybná 716/24, Staré Město, 110 00 Prague

registered at the Municipal Court in Prague

contact details:

e-mail: info@lisswood.com

telephone: +420 704 503 105

web: www.lisswood.cz

(hereinafter the "seller")

These terms and conditions govern the mutual rights and obligations of the seller and of a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter the "buyer"), through a web interface located on the website available at the internet address www.lisswood.cz (hereinafter the "online store").
The provisions of the terms and conditions are an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase contract are concluded in the Czech or English language.

II. Information about the goods and prices

Information about the goods, including the prices of individual goods and their main characteristics, is given for each item of goods in the catalogue of the online store or the reservation system. The prices of the goods are stated including value added tax, all related fees and the costs of returning the goods if, by their nature, these goods cannot be returned by the usual postal route. The prices of the goods remain valid for the period during which they are displayed in the online store or the reservation system. This provision does not exclude the conclusion of a purchase contract on individually agreed terms.
All presentation of the goods placed in the catalogue of the online store or the reservation system is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
The goods are of a natural character and it is necessary to follow the recommendations for the use of the goods in order to preserve their original properties and colours. The seller reserves the right to a change in the properties of the product – for example a change in the colour of the wood and the natural materials – as a result of external influences. By entering into this contract, the buyer acknowledges that they are aware of this fact and that it is therefore not possible to claim these changes in properties as a defect.
Information about the costs associated with the delivery of the goods is published in the online store or the reservation system.
Any discounts from the purchase price of the goods cannot be combined with one another, unless the seller and the buyer agree otherwise.

III. The order and the conclusion of the purchase contract

The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (the costs of the internet connection, the costs of telephone calls) are borne by the buyer. These costs do not differ from the basic rate.
The buyer places an order for goods by filling in the order form, either on the e-shop itself (www.lisswood.cz/.com/.de/.eu/.sk) or on the associated forms (rezervace.lisswood.cz or namiru.lisswood.cz).
When placing an order, the buyer selects the goods, the number of items of goods, the method of payment and delivery. With the associated forms it is also necessary to select, in addition to the items already listed, the colour of the frame, the layout of the picture, the execution of the wood burning, the placement of the ribbon and whether the buyer holds a voucher or a discount.
Before sending the order, the buyer is allowed to check and change the data they have entered into the order. The buyer sends the order to the seller by clicking on the "Send order" or "Confirm order" button. The data given in the order is considered correct by the seller. The validity of the order is conditional upon the completion of all mandatory data in the order form and the buyer's confirmation that they have familiarised themselves with these terms and conditions. With the associated form "rezervace.lisswood.cz" it is also necessary to agree to the payment of the advance payment in the stated amount.
1. The amount of the advance payment is refundable only in the case of cancellation of the reservation at least 1 month before the date of the wedding. Otherwise, the advance payment is used to cover the planned workforce, in 100% of the amount paid.
Immediately after receiving the order, the seller shall send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the purchase contract.
In the event that the seller cannot fulfil any of the requirements stated in the order, the seller shall send the buyer an amended offer to the buyer's e-mail address. The amended offer is considered a new proposal for a purchase contract and the purchase contract is in such a case concluded by the buyer's confirmation of acceptance of this offer sent to the seller's e-mail address stated in these terms and conditions.
All orders accepted by the seller are binding. The buyer may cancel the order until the buyer is delivered the notice of acceptance of the order by the seller. The buyer may cancel the order by telephone at the telephone number or by e-mail of the seller stated in these terms and conditions.
In the event that an obvious technical error occurred on the seller's side when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this entirely obviously erroneous price, even in the case that the buyer was sent an automatic confirmation of receipt of the order under these terms and conditions. The seller shall inform the buyer of the error without undue delay and shall send the buyer an amended offer to the buyer's e-mail address. The amended offer is considered a new proposal for a purchase contract and the purchase contract is in such a case concluded by confirmation of acceptance by the buyer sent to the seller's e-mail address.

IV. Workshop

The buyer is obliged to pay the entire agreed amount without undue delay. By making the aforementioned payment, the buyer confirms their registration for the workshop on the chosen date.
Until the entire amount is paid, the place is still offered as available. In the event that the workshop fills up before the entire amount is paid, this buyer is placed on the waiting list, or an alternative date is proposed to them.
Participation in an already paid workshop may be cancelled no later than 7 days before the start of the said workshop. After this time, the company 4 Everything s.r.o., which organises the workshop, claims 50% of the amount as compensation for the empty place at the workshop. In the event of cancellation of participation less than 48h before the start of the said workshop, the company 4 Everything s.r.o., which organises the workshop, claims the entire amount paid as compensation for the empty place at the workshop.
By purchasing a workshop voucher, the buyer automatically agrees to the terms and conditions, the GDPR, Occupational Safety at the workshop and the Preservation of Work Secrecy (more at https://lisswood.cz/pages/dohoda-o-vstupu-na-workshop)

V. Customer account

On the basis of the buyer's registration carried out in the online store, the buyer may access their customer account. From their customer account the buyer may place orders for goods. The buyer may also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data stated in the user account whenever it changes. The data stated by the buyer in the customer account and when ordering goods is considered correct by the seller.
Access to the customer account is secured by a user name and a password. The buyer is obliged to maintain confidentiality regarding the information necessary for access to their customer account. The seller bears no responsibility for any misuse of the customer account by third parties.
The buyer is not entitled to allow third parties to use the customer account.
The seller may cancel the user account, in particular in the case where the buyer has not used their user account for a longer period, or in the case where the buyer breaches their obligations under the purchase contract or these terms and conditions.
The buyer acknowledges that the user account need not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

VI. Payment terms and delivery of goods

The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

by cashless transfer to the seller's bank account
- for payments from the Czech Republic, account no. 131-2422900227/0100, IBAN CZ2001000001312422900227 held at Komerční banka
- for payments from the EU, account no. 131-2422910257/0100, IBAN CZ3401000001312422910257 held at Komerční banka
by cashless payment card,
using the "Cash on delivery" service with individual carriers, where this service is charged over and above the price of the product and the postage. The fee may differ between individual carriers.
by cashless transfer to the seller's account through the PayPal payment gateway.

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also be understood to include the costs associated with the delivery of the goods.
In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
In the case of payment through a payment gateway, the buyer proceeds according to the instructions of the relevant electronic payment provider.
In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
Under the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sale with the tax authority online, or in the event of a technical failure no later than within 48 hours.
The goods are delivered to the buyer:
- to the address specified by the buyer in the order
The choice of the delivery method is made during the ordering of the goods.
The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer's order and in the seller's confirmation of the order. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that, for reasons on the buyer's side, the goods have to be delivered repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
When taking over the goods from the carrier, the buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier of this without delay. If damage to the packaging is found indicating unauthorised entry into the consignment, the buyer need not accept the consignment from the carrier.
The seller shall issue a tax document – an invoice – to the buyer. The tax document is sent to the buyer's e-mail address.
The buyer acquires ownership of the goods by paying the full purchase price for the goods including the delivery costs, but no earlier than upon taking over the goods.
Responsibility for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods, or at the moment when the buyer had the obligation to take over the goods but failed to do so in breach of the purchase contract.

VII. Withdrawal from the contract

A buyer who concluded the purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.
The period for withdrawal from the contract is 14 days
- from the day of taking over the goods,
- from the day of taking over the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,
Among other things, the buyer may not withdraw from the purchase contract
- for the provision of services, if they were performed with the buyer's prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before the conclusion of the contract that in such a case the buyer has no right to withdraw from the contract,
- for the supply of goods or a service whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the period for withdrawal from the contract,
- for the supply of goods that have been adjusted according to the buyer's wishes or for the buyer's person (these are custom-made orders or the creation of a picture from wedding flowers),
- if the purchased goods were designated as a "Mystery box". These goods cannot be returned in any variant or case,
- in other cases stated in § 1837 of the Civil Code.
In the event of a request to withdraw from the purchase contract for the supply of goods that have been adjusted according to the buyer's wishes or for the buyer's person (these are custom-made orders or the creation of a picture from wedding flowers), the seller is entitled to retain up to 100% of the purchase price. This is primarily due to the impossibility of reselling the adjusted goods.

In the event that the buyer has not paid the agreed amount and the seller has already adjusted or even produced the entire picture according to the buyer's wishes. The buyer is obliged to pay the entire amount for the picture or the agreed part, even in the case that the buyer subsequently requests withdrawal from the contract.

Withdrawal from a reservation made in advance or from a reservation contract created on the website "rezervace.lisswood.cz" is possible at any time during its course. The amount paid as the reservation fee is refundable only if the reservation is cancelled earlier than 1 month before the stated wedding date or the date of dispatch of the flowers. If this deadline is not met, the deposit is used to cover the planned workforce, in 100% of its amount.
To comply with the period for withdrawal from the contract, the buyer must send the declaration of withdrawal within the period for withdrawal from the contract.
To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's e-mail or delivery address stated in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.
A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot, by their nature, be returned by the usual postal route.
A buyer who has withdrawn from the contract will not be refunded 100% of the money if the returned goods are damaged or otherwise ruined.
If the buyer withdraws from the contract, the seller shall return to them without delay, but no later than within 14 days of withdrawal from the contract, the funds received from them, excluding the delivery costs and other costs (see the previous points), and in the same manner. The seller shall return the funds received to the buyer in another manner only if the buyer agrees and if no further costs arise for the buyer as a result.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller.
The buyer must return the goods to the seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to the goods being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The seller shall inform the buyer without delay via the e-mail address stated in the order and shall return, within 14 days of the notice of withdrawal from the purchase contract, all funds including the delivery costs which it received from the buyer on the basis of the contract, in the same manner, or in a manner determined by the buyer.

VIII. Rights arising from defective performance

The seller is liable to the buyer for the goods being free of defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods
- the goods have the properties agreed by the parties and, in the absence of an agreement, have such properties as the seller or the manufacturer described or as the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
- the goods are suitable for the purpose which the seller states for their use or for which goods of this kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model,
- the goods are in the corresponding quantity, measure or weight, and
- the goods comply with the requirements of legal regulations.
The seller has obligations arising from defective performance at least to the extent to which the obligations arising from defective performance last. The buyer is otherwise entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt. Excluded from this right, however, is the right to make a complaint in the case of a change in the goods as a result of external influences. See Information about the goods and prices, paragraph 3.
If a period during which the goods may be used is stated on the goods being sold, on their packaging, in the instructions attached to the goods or in the advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By the quality guarantee, the seller undertakes that the goods will be fit for use for the usual purpose for a certain period or that they will retain their usual properties. If the buyer has justifiably notified the seller of a defect in the goods, the period for exercising the rights arising from defective performance and the guarantee period do not run for the period during which the buyer cannot use the defective goods.
The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or where this follows from the nature of the goods. The buyer is not entitled to the right arising from defective performance if, before taking over the goods, they knew that the goods had a defect, or if the buyer themselves caused the defect.
In the event of a defect occurring, the buyer may submit a complaint to the seller and demand
- exchange for new goods,
- a reasonable discount from the purchase price,
- withdrawal from the contract.
The buyer has the right to withdraw from the contract,
- if the goods have a substantial defect,
- if they cannot properly use the item due to the repeated occurrence of a defect or of defects after repair,
- in the case of a larger number of defects in the goods.
A complaint cannot be claimed in the case of:
- a change in the colour of the plants – these are natural materials that are subject to "ageing"
- a change in the colour of the wood, including the frame
- slight cracking of the frame or another change that is associated with the ageing/drying out of the wood
- damage to the picture (the flowers) by inappropriate handling, such as for example tapping on the glass, knocking the picture and the like.
A breach is substantial if the party breaching the contract already knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that constitutes an insubstantial breach of contract (regardless of whether it is a removable or irremovable defect), the buyer is entitled to the removal of the defect or to a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (usually a third complaint for the same defect or a fourth for different defects) or if the goods have a larger number of defects (as a rule at least three defects at the same time), the buyer has the right to claim a discount from the purchase price, an exchange of the goods, or to withdraw from the contract.
When making a complaint, the buyer is obliged to inform the seller which right they have chosen. A change of choice without the seller's consent is possible only if the buyer requested the repair of a defect that turns out to be irremovable. If the buyer does not choose their right arising from a substantial breach of contract in time, they have the same rights as in the case of an insubstantial breach of contract.
If repair or exchange of the goods is not possible, on the basis of withdrawal from the contract the buyer may demand a refund of the purchase price in full.
If the seller proves that the buyer knew about the defect in the goods before taking them over or caused it themselves, the seller is not obliged to satisfy the buyer's claim.
The buyer cannot make a complaint about discounted goods for the reason for which the goods in question are discounted.
The seller is obliged to accept a complaint at any establishment in which the acceptance of a complaint is possible, or also at its registered office or place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what the content of the complaint is and what method of handling the complaint the buyer requires, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the performance of the repair and its duration, or a written justification for the rejection of the complaint.
The seller or an employee authorised by the seller shall decide on the complaint immediately, in complex cases within 14 working days. This period does not include the time, appropriate to the type of product or service, needed for an expert assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than within 30 days of the day the complaint was made, unless the seller and the buyer agree on a longer period. The fruitless expiry of this period is considered a substantial breach of contract and the buyer has the right to withdraw from the purchase contract. The moment at which the complaint is made is considered to be the moment when the buyer's expression of will (the exercise of the right arising from defective performance) reaches the seller.
The seller shall inform the buyer in writing of the result of the complaint.
The buyer is not entitled to the right arising from defective performance if, before taking over the item, the buyer knew that the item had a defect, or if the buyer themselves caused the defect.
In the case of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs arising in connection with making the complaint. The buyer may exercise this right with the seller within a period of one month after the expiry of the guarantee period; otherwise the court need not grant it.
The choice of the method of handling the complaint rests with the buyer.
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on consumer protection.

IX. Delivery of correspondence

The contracting parties may deliver all written correspondence to each other by electronic mail.
The buyer delivers correspondence to the seller to the e-mail address stated in these terms and conditions. The seller delivers correspondence to the buyer to the e-mail address stated in the buyer's customer account or in the order.

X. Personal data

All information that the buyer provides in the course of cooperation with the seller is confidential and will be treated as such. Unless the buyer gives the seller written permission, the seller will not use the data about the buyer in any way other than for the purpose of performance under the contract, with the exception of the e-mail address, to which commercial communications may be sent, since this procedure is permitted by law unless it is expressly refused. These communications may only concern similar or related goods and it is possible to unsubscribe from them at any time in a simple manner (by sending a letter, an e-mail or by clicking on the link in the commercial communication). For this purpose, the e-mail address will be stored for a period of 3 years from the conclusion of the last contract between the contracting parties.
More detailed information about the protection of personal data can be found in the Privacy Policy.

XI. Out-of-court settlement of disputes

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used in the settlement of disputes between the seller and the buyer arising from the purchase contract.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
The seller is entitled to sell goods on the basis of a trade licence. Trade inspection is carried out within its competence by the relevant trade licensing office. The Czech Trade Inspection Authority exercises, within a defined scope, among other things supervision over compliance with Act No. 634/1992 Coll., on consumer protection.

XII. Final provisions

All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of the provisions of § 1826 (1) (e) of the Civil Code.
All rights to the seller's website, in particular the copyright to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or a part of it without the seller's consent.
The seller bears no responsibility for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could have a negative effect on its operation and may not carry out any activity that could enable the buyer or third parties to interfere without authorisation with or use without authorisation the software or other components making up the online store, or to use the online store or parts of it or the software in a manner that would be contrary to its purpose or intended use.
The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 (2) of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.

These terms and conditions take effect on 18.2.2021.

If you have any question, do not hesitate to contact us and write an e-mail to info@lisswood.com.