General Terms and Conditions for the Lingea Online Shop
These General Terms and Conditions (hereinafter as “GTC”) are issued under the provisions of Section 1751 et seq. of Act 89/2012 of the Civil Code as amended (hereinafter as “the Civil Code”) and are applicable to both natural persons (including consumers) and legal persons. The purpose of these GTC is to define the scope, terms and conditions of the reciprocal rights and obligations of Lingea and the Client when purchasing Products through the Lingea Online Shop by the Client and when providing other related services.
1. INITIAL PROVISIONS - DEFINITIONS OF TERMS USED HEREIN
1.1. Lingea: Lingea s.r.o., based at Nálepkova 131, 637 00 Brno, Czech Republic, Company No.: 25347659, registered in the commercial register with the Brno District Court under Section C, insert C 27662
1.2. Client: a natural or legal person concluding a Contract with Lingea.
1.3. Contract: A contract concluded by Lingea and the Client by means of remote communication, the object of which is in particular the purchase of the Products by the Client and/or the provision of or making available of the Products (depending on the type of the Product) and, as the case may be, also the granting of a licence by Lingea to the Client, depending on the type of Product, as well as the provision of other related services. The Contract is made in Czech and is concluded for a period of time specified (selected) by the client in the order, if it is a case of providing and/or making available the Products to the client that is not a one-time instance (i.e. a one-time purchase of Goods).
1.4. The Contracting Parties: a joint term designating Lingea and the Client.
1.5. The Goods: are any books, games or sets of games and other material goods that cannot be provided or made available to the Client by online means. In cases where part of the Goods involves providing and/or making available to the Client Online Products and/or Offline Products, even if these are stored on a material medium (e.g. providing an access code to an online language school, supplying CDs/DVDs with audio recordings, electronic dictionary etc.), applicable provisions of these GTC shall reasonably apply to such part of the Goods, in particular in respect of copyright protection as well as possible consequences resulting therefrom.
1.6. Online product(s): products that in reality can only be used via and by means of electronic devices, using the Internet; such as dictionaries and other products and services accessible only online via User Account, online language school products, online machine translation service, spellchecker and speech synthesis.
1.7. Offline product(s): products that in reality can only be used via and by meads of electronic devices, provided that the client is allowed to "download" these products into electronic devices in such a way that they can be used without access to the Internet; such as e-books, dictionaries for use in offline applications and other products.
1.8. Product(s): this is an aggregate term for Goods, Online Product(s) and Offline Product(s) and any related services provided to the Client. The Products listed by Lingea within the Portals are either Products provided by Lingea in its own name and on its own account, but they can also be third-party Products offered by Lingea in its own name on behalf of such third parties (e.g. under a commission contract between Lingea and a third party). In that case, however, legal acts taken by Lingea towards the client shall not give rise to any rights or obligations of a third party but of Lingea. In this context, the Client acknowledges and agrees that for such a Product (especially Online Products) offered by Lingea in its own name on behalf of third parties, this fact will be stated on the Portals for the Product in question and subsequently, after the conclusion of the Contract and the fulfilment of other conditions set out in these GTC, the Product will be provided and/or made available (especially for Online Products) to the Client, not by Lingea but by the third party.
1.9. Portals: all websites operated by Lingea, such as www.lingea.cz, www.nechybujte.cz, www.dict.com, www.tygeris.com and others listing the Products including prices and other accompanying details.
1.10. Online Shop(s): online shops of Lingea, which are accessible on the Portals.
1.11. User Account: this is a Client’s electronic account set up for the Client by Lingea within the Portals in accordance with these GTC. For some Online products, the Client is authorized and required to order and continue to use them only through the User Account set up by Lingea for the Client (this is due to the nature of some of the Online products and their dependence on the access to the Lingea server solely through the User Account).
1.12. Lingea’s place of business: this is the Lingea’s general office at Vackova 9, 612 00 Brno.
1.13. Price: price for the Products ordered by the Client including any possible related delivery costs of the Goods.
2. PRODUCTS
2.1. Products offered by Lingea are listed on the Portals, including relevant prices. The Prices are stated inclusive of VAT and all related charges. The list of Products and their prices remain valid for as long as they are displayed in the Portals’ web interface. This provision does not in any way limit Lingea's ability to contract with the client on individually negotiated terms.
2.2. All Product lists and price lists displayed on the Portals are only indicative and Lingea is under no obligation to conclude the Contract with the Client. Provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
2.3. The Portals also contain information on the costs associated with packaging and delivery of the Goods. However, information on these costs only applies for Goods delivered within the territory of the Czech Republic.
2.4. In the case of Online products and/or Offline products, the Portals for each such Product also contain data on the functionality of these Products, including technical protection measures, and data on the coaction of their digital content with hardware and software.
3. USER ACCOUNT, ORDER
3.1. The Client shall order the demanded Products via the Online Shop, i.e. by means of remote communication. Ordering the Products can only be done by the following means:
a) by ordering at the Online Shop after setting up a Client’s User Account - for the Goods, Online Products and Offline Products,
b) by ordering at the Online Shop without setting up a Client’s User Account - for the Goods, Offline Products and certain Online Products whose nature allows this (i.e. Online Products whose use is not dependent on access to the Lingea server through the User Account).
3.2. The Client acknowledges and agrees that to use certain Online Products it is necessary to have a User Account set up with Lingea (i.e. for Online Products dependent on their access to the Lingea server via the User Account). Setting up a User Account will be enabled by the Client either by using data from another verified account with a functional email address (e.g. Google Client Account) and/or by the Client forwarding his/her identification and contact details to Lingea (especially a functional e-mail address) and by choosing a password (or if need be a username) to access the User Account. The username can be the Client’s email address and/or the Client may choose his or her username, or it can be assigned to him/her by Lingea (hereinafter as the "Username"). When registering the User Account, the Client is required to enter a functional e-mail address to which a message with an activation link will be sent. The Client shall activate the Client’s User Account by clicking on the activation link. The above described method of activating a User Account is not required for registering a User Account based on the data from another verified account with a functional e-mail address (e.g. Google Client Account).
3.3. Access to the User Account is secured with a username and password. The Client is obliged to maintain confidentiality regarding the information necessary to access his/her User Account and is not authorized to allow third parties to use the User Account. Lingea shall not be liable for the breach of this duty by the Client.
3.4. The Client is authorized to cancel his/her User Account at any time directly in the User Account. However, the Client hereby acknowledges and agrees that if he/she cancels his/her User Account while already having access to or having been provided Online Products and/or Offline Products through the User Account, he/she will lose access to these Online Products and/or Offline Products by cancelling his/her User Account.
3.5. To order the Products, the Client shall complete an order form including information about:
· the ordered Products (ordered Products "added to cart" by the Client at the Online shop),
· the mode of payment of the Price for the Products selected by the Client, or if needed, details of the delivery of the Goods ordered; and
· the costs associated with the delivery of Goods.
3.6. Before submitting the order, the Client can check and modify the data entered in the Client's order, including an option for the Client to detect and correct errors made when entering data in the order. The details given in the purchase order are deemed to be correct by Lingea.
3.7. After the order is submitted by the Client, Lingea shall confirm its receipt to the Client by sending a message to the e-mail address given by the Client in the User Account and/or upon placing an order without setting up a User Account. Such confirmation is not considered acceptance of the order by Lingea and does not constitute conclusion of a Contract. To conclude a Contract, acceptance of the order is required as per Art. 4.1. herein.
4. CONCLUSION OF CONTRACT, PAYMENT FOR THE PRODUCTS
4.1. Lingea and the Client enter into a contractual relationship upon the receipt of the acceptance of the order sent by Lingea to the Client’s e-mail address stated by the Client in the User Account and/or when the order is placed without setting up a User Account. Acceptance of an order with an addendum or deviation is not considered acceptance of an order.
4.2. If particular Goods ordered by the Client are out of stock, Lingea shall inform the Client (possibly simultaneously with the acceptance of the order for the other ordered Goods) of the number of units of Goods that Lingea is able to deliver to the Client, and if needed, in what time. Such information is considered Lingea's offer to conclude a Contract under the terms and conditions set out in such information and the Client's acceptance of these terms and conditions shall constitute conclusion of the Contract for these Goods.
4.3. The Price for the Products ordered shall be paid by the Client to Lingea in one of the following ways:
a) by cashless payment, using a payment card online and/or by credit transfer (in which case the Client is required to include a variable symbol on payment, the form of which is communicated to him/her by Lingea),
b) in cash or by payment card at Lingea’s place of business,
c) if the subject matter of the Contract is delivery of Goods and the Client has chosen COD as the method of payment, it is to be paid in cash at the point specified by the Client in the Order.
4.4. When paying online by payment card, the Client is redirected to a payment gateway and proceeds according to the instructions displayed. For this payment, the conditions set out by the Client’s Bank for these instances shall apply. All data is thus processed directly at the Client's bank guaranteeing their complete security. Lingea accepts card payments according to the payment gateway provider's terms and conditions, which can be accessed at https://www.gopay.com/cs/platebni-metody.html.
4.5. When paying by credit transfer, a pro forma invoice is issued and sent to the Client within two (2) working days of acceptance of the order by Lingea. The tax document (invoice) will be sent to the Client no later than ten (10) working days from crediting the amount due to Lingea’s account in accordance with the pro forma invoice sent, together with the sending and/or making available and/or providing the Product.
4.6. In the case of a cashless payment (i.e. online by card or credit transfer), the Client's obligation to pay the Price for the ordered Products is met when the amount due is credited to Lingea’s account.
4.7. The price for the Products ordered is due for payment no later than fourteen (14) days from the date of conclusion of the Contract, except:
a) where the Goods are delivered by COD and/or collected at the Lingea’s place of business, when the Price of ordered Goods is due for payment at the latest on receipt of the Goods,
b) some Online Products, such as online machine translation services, spellchecker and speech synthesis, where the Price for such ordered Online Products is due based on monthly bills for the services provided to Lingea's Client,
c) in cases where the Contracting Parties have agreed differently.
4.8. If the Goods are collected at Lingea’s place of business (personal collection), payment of the Price is only possible in cash or by payment card. In this case, no handling or packaging fee is charged.
4.9. Lingea is entitled to demand payment of full Price for the Products ordered prior to sending and/or providing and/or making the Products available to the Client.
4.10. Depending on the nature of the order (quantity of the Goods, Price, expected carriage cost), Lingea is always entitled to ask the Client for additional confirmation of the order (for example, in writing or by telephone).
4.11. The client acknowledges that Lingea is under no obligation to conclude the Contract, in particular with persons who have previously materially breached the Contract (including but no limited to these GTC).
4.12. The client agrees with the means of remote communication to be used in the conclusion of the Contract. The costs incurred by the Client when using the means of remote communication in connection with the conclusion of the Contract shall be borne by the Client. The costs incurred by Lingea when using the means of remote communication shall be borne by Lingea and shall not be claimed from the Client.
4.13. If this is customary in the course of business, or if so required by generally binding legislation, Lingea shall issue a tax document (an invoice) to the Client regarding payments to be made under the Contract. Lingea is VAT registered. Unless otherwise agreed, Lingea shall issue the Client with a tax document - an invoice after payment of the Price for the Products ordered. The tax document will be sent by Lingea to the Client’s address, or to an e-mail address stated by the Client in the User Account and/or when an order is placed without setting up a User Account.
5. GIFT OR DISCOUNT VOUCHERS
5.1. Gift vouchers held by the Client can only be applied at the Online Shop. If the validity of the gift voucher is limited, it is stated directly on the voucher.
5.2. The value of a gift voucher can only be used in full in a single purchase at the Online shop and it cannot be exchanged for money. The value of the gift voucher will be deducted from the Price of the ordered Products upon entering the gift voucher code in the discount code line. If less than full value of the gift voucher is used, the Client does not qualify for a refund of the difference. The gift voucher cannot be combined with other discounts.
5.3. Discount vouchers held by the Client can only be applied at the Online Shop. If the validity of the discount voucher is limited, the client is informed about the mode of its limitation. The discount voucher can be applied by the Client by entering the discount voucher code in the discount code line.
5.4. The discounts on the ordered Products provided to the Client cannot be combined.
5.5. In the event of suspected repeated applications of discount codes in the form of a gift voucher and/or discount voucher, where such activity is suggestive of fraudulent conduct, Lingea reserves the right not to deliver the Product without prior notice.
6. MAKING AVAILABLE AND PROVIDING ONLINE PRODUCTS
6.1. Online Products shall be made available to the Client after payment of the Price for the ordered Online Products in accordance with Art. 4. herein, via the User Account and/or other means of provision (e.g. by providing online language school services etc.). The exception is the part of Online Products consisting of online machine translation services, the spellchecker and speech synthesis that Lingea will make available to the Client on the basis of concluding the Contract (see also Art. 4.6. (b) herein).
6.2. A Client having consumer status in relation to Lingea under the Contract may request Lingea to make available and provide Online Products before the Client's legal fourteen (14) day period of cancellation expires, in the manner and under the terms of Art. 6.1. herein. In such a case, the Client acknowledges and agrees that he/she is not entitled to withdraw from the Contract.
6.3. If the Client is in default on the payment of the Price for ordered Online Products that can only be accessed through the Client’s User Account, Lingea is entitled to block the Client’s User Account for as long as the Client is in default on the payment for the ordered Online products.
7. PROVIDING OFFLINE PRODUCTS
7.1. Offline products will be acquired by the Client after payment of the Price for the ordered Offline Products in accordance with Art. 4 herein. Within three (3) working days of crediting the payment to Lingea’s account, Lingea shall enable the Client to download the Offline Product and/or the key required to make the Offline product available in an application, either directly in the Client’s User Account and/or by sending an email with the necessary data (e.g., using a link) to the email address indicated by the Client in the User Account and/or when placing an order without setting up a User Account.
7.2. The client acknowledges and agrees that a part of the Offline Products (dictionaries for use in offline apps and other similar Products) can be used free by the Client for a trial period of thirty (30) days from installation. Upon expiry of this period, this part of Offline Products (dictionaries for use in offline apps and other similar Products) will no longer be accessible to the Client, unless the Client concludes a Contract with Lingea and pays in due time to Lingea the price for the ordered Offline Products. In such a case, the Offline Products will be provided to the Client as specified in Art. 7.1. herein.
7.3. A Client having consumer status in relation to Lingea under the Contract may request Lingea
to provide Online Products before the Client's legal fourteen (14) day period of cancellation expires, in the manner and under the terms of Art. 7.1. herein. In such a case, the Client acknowledges and agrees that he/she is not entitled to withdraw from the Contract.
7.4. If the Client is in default on the payment of the Price for ordered Offline Products, Lingea is entitled to block the Client’s necessary authorizations for as long as the Client is in default on the payment for the ordered Offline Products.
8. LICENCE TO ONLINE PRODUCTS AND OFFLINE PRODUCTS
8.1. The license to Online Products and/or Offline Products is granted to the Client as a non-exclusive licence, territorially unlimited, non-transferable and limited in time to the term of the Contract. The rights of use granted by Lingea are limited exclusively to the Client and persons who are part thereof.
8.2. The Client is not authorized to reproduce, disseminate, lease, rent, lend, exhibit the Online and/or Offline Products or otherwise allow their even temporary use to a third party or otherwise make them public.
8.3. In case of sharing access to a User Account and Client-paid Online Products with a third party, the Client is obliged to obtain written consent from Lingea and provide Lingea with identification details of such user (i.e. name and surname/business name, Company No./date of birth, e-mail, telephone). In such a case, Lingea reserves the right to grant or deny consent to access sharing.
8.4. The licence granted in accordance with this Article of the GTC also applies to updates of Online Products and/or Offline Products made by Lingea for the duration of the Contract.
9. DELIVERY AND CARRIAGE
9.1. If the Client places an order for Goods that is available from Lingea’s stock by 11:00 a.m. on a working day and selects collection at Lingea’s place of business in the order, the Goods so ordered will generally be ready for personal collection at the Lingea’s place of business the following working day. The Client will be notified via e-mail address indicated by the Client in the User Account and/or on placing an order without setting up a User Account once the Goods are ready for personal collection at Lingea’s place of business.
9.2. If the Client places an order selecting COD as the delivery mode in the order and Lingea accepts the order in accordance with these GTC, the consignment of the Goods will be sent to the Client within five (5) working days of acceptance of the order.
9.3. In the event of cashless advance payments (i.e. online by card or by credit transfer), the Goods will be sent to the Client no later than ten (10) working days after the amount due is credited to Lingea’s account.
9.4. The Client shall specify the location and method of delivery of the Goods in the order form. If the Client fails to specify the place of delivery of the Goods in the order, it shall be the Client’s invoice address and if the Client fails to select the method of delivery in the order, the method of delivery shall be determined by Lingea.
9.5. The Goods are delivered to the Client either at Lingea’s place of business (for personal collection) or delivered via external carriers, under the usual delivery terms according to the Client's chosen method of delivery of the Goods, i.e. on the usual delivery dates of that contract carrier.
9.6. Where the mode of transport of the Goods is agreed by the Contracting Parties following the Client's individual requirement (i.e. other than that offered by Lingea’s Online Shop), the Client bears the risk and any additional costs associated with such mode of transport.
9.7. The Client is always required to check directly in front of the carrier when collecting the Goods that the consignment is undamaged by transport. If the packaging of the Goods consignment is obviously mechanically damaged in any way (creased, torn, soaked etc.) or if some of the contents of the consignment have been lost, these facts must be complained about to the carrier. The carrier is required to write a damage report immediately on the extent of the damage, or partial loss of the contents of the consignment. If any damage to the packaging is found indicating unauthorized opening of the consignment, the Client is not obliged to take over the package from the carrier.
9.8. When collecting the Goods from the carrier the Client shall sign for it in the accompanying document, thus confirming that the consignment of the Goods meets all the conditions and requirements and acknowledging that any later complaints regarding possible breach of the package cannot be taken into account.
9.9. In the event of any issues with the carrier, the Client is required to contact Lingea via e-mail at reklamace@lingea.cz. In such a case, the Client is required to state the order number, describe the problem and indicate his/her (Client’s) contact details.
9.10. The client is obliged to collect the Goods ordered (in the event of damaged packaging see also the provisions of Art. 9.7. herein) once delivered by Lingea in accordance with Art. 9.4. herein. If the Client fails to collect the Goods, the risk of damage passes to the Client and the Client is obliged to pay to Lingea the cost of carriage and storage, which the Contracting Parties agree to be CZK 200 (two hundred Czech koruna). After notifying the Client by e-mail and allowing the Client a new adequate period for collection, Lingea is entitled to sell the Goods in an appropriate manner. Lingea is entitled to offset the cost of storage and futile delivery of the Goods due to lack of cooperation on the Client’s part against the proceeds of the sale.
9.11. Where, for reasons on the Client’s part, it is necessary to deliver the Goods repeatedly or in a way other than specified in the order, the Client is obliged to reimburse Lingea for the costs associated with the re-delivery, or those associated with another method of delivery.
9.12. Ownership of the Goods as well as the risk of damage passes to the Client upon handing over and collecting the Goods delivered.
9.13. Other rights and obligations of the Contracting Parties regarding the transport of the Goods may be provided for by Lingea's special delivery terms and conditions if issued by Lingea.
10. PORTAL CONTENT PROTECTION
10.1. The Client is obliged to protect the User Account access data (i.e. Username and password) against loss, theft and misuse by third parties so that no third party can use the User Account improperly. Where appropriate, the same applies to Online Products and/or Offline Products to which the Client has access under the Contract. If there is a risk of misuse of the User Account (and thus the data available through it) by a third party, the Client is required to notify Lingea in writing without undue delay. In such a case, Lingea is authorized to block the Client’s User Account login data and to issue (i.e. send to the Client’s email address registered in his/hert User Account) new login data to log into the User Account.
10.2. Lingea reserves the right to change the access password for the User Account, in particular to protect the content of the Portals (for example in cases of suspected misuse of the User Account access data) and/or to preserve the Client’s User Account in the event of a subscription extension (e.g., long-term inactivity of the Client’s User Account) and/or upon Client’s request. Lingea is obliged to inform the Client of such a change by sending a message to his/her e-mail address registered in the User Account.'
10.3. The client acknowledges that the entire content of the Portals, i.e. both the content of all the databases and software, as well as the content of all the Products (especially Online Products and Offline Products) is subject to Lingea copyright and, as the case may be, to the copyright of the authors of respective content parts of the databases and software. The copyright is protected under Act No 121/2000 on copyright, the rights related to copyright and on the amendments of certain laws, as amended (hereinafter as the “Copyright Law") as well as by the provisions of the Criminal Code (as per Section 270 of Act No 40/2009 of the Criminal Code, as amended) and its infringement can be prosecuted by both civil and criminal means.
10.4. The Client undertakes to refrain from any activity that may enable the Client or any third parties to improperly interfere with or improperly use the software or other components forming the Portals’ web interface and to improperly use the Online Products and/or Offline Products.
10.5. When using the Portals’ web interface, the Client is not authorized to use any mechanisms, software or other procedures that could have a negative impact on the operation of the Portals’ web interface. The client acknowledges that Lingea bears no responsibility for any errors made as a result of third-party interference in the Portals’ web interface and/or as a result of using the Portals contrary to their purpose.
11. SUPPORT
11.1. Lingea provides telephonic advice service to help dealing with problems or defects relating to the Portals and/or the availability of Online Products and/or Offline Products. This service is available on weekdays from 9 a.m. to 4 p.m. on phone number: 541 233 160. The Client can also notify Lingea via e-mail by writing to: info-lingea.cz. Such notification must contain the Client's login details (Username and User Account password) and specify what the problem or defect consists in. Lingea has the right to change the phone numbers or e-mail address unilaterally by means of announcement at the www.lingea.cz website.
12. LIABILITY FOR AVAILABILITY AND CONTENT OF THE PORTALS
12.1. Lingea does not assume any responsibility towards the Client or any third parties for the way the content of the Portals is used by the Client, in particular as regards the use of the Online Products used by the Client under the Contract.
12.2. Lingea is responsible for ensuring that the Portals and Online Products used by the Client under the Contract through the User Account will be available for at least 90 per cent of the time, as measured on all calendar days in a month at the point of connection of Lingea’s server to the network. That means that Lingea is responsible for ensuring that, under the Contract, the Client shall have access to the content of the paid-for Online Products to the extent of at least 90 per cent, where the extent is determined as the ratio of the number of days during which the Lingea server (used to access the Online Products provided on the Portals) was not properly connected to the network (i.e. the Online Products on the Portals paid-for by the Client were not available to the Client at all on that day), to the total number of days in that month.
12.3. However, Lingea is in particular not liable for any interruptions or outages in Internet network connection provided by third parties and/or on the Client’s part.
13. LIABILITY FOR DEFECTS AND WARRANTY FOR THE GOODS
13.1. Items purchased at the Lingea Online Shop are covered by a twenty-four (24) month warranty, unless otherwise stated for a given item. The warranty does not apply to the wear and tear of an item caused by normal use, defects arising from improper use, caused by mechanical damage or by using the Product for a purpose other than the usual purpose.
13.2. Lingea is responsible to the Client for making sure that the Goods are in agreement with the Contract, in particular that it is free of defects. Conformity with the Contract means that the Goods have useful properties and characteristics required by the Contract, specified by Lingea or the manufacturer, or expectable based on advertisements made by the above, and that they meet the purpose that Lingea sets out for the use of the Goods or for which the Goods are usually used.
13.3. If the Goods, when collected by the Client, fail to be in conformity with the Contract (hereinafter as "non-conformity with the Contract"), the Client shall have the right to demand that Lingea make the Goods conform to the Contract according to the Client’s request, either by replacing the Goods and/or by supplying new Goods (unless that is unreasonable given the nature of the defect) or by providing a reasonable discount on the Goods. The Client will only be entitled to withdraw from the Contract for non-conformity with the Contract after all of the above specified ways of dealing with the complaint have failed. The Client shall not have the rights set out in this provision if, prior to collecting the Goods, the Client knew of the non-conformity with the Contract or if such non-conformity was caused by the Client.
13.4. When collecting the ordered Goods personally at Lingea’s place of business, the Client is required to notify Lingea immediately of any mechanical defects detected in the Goods. In such a case, the Client has the right not to collect the damaged Goods. Where possible, the warranty claim thus filed will be dealt with immediately by replacing the Goods for a new item.
13.5. The Client is required to claim the rights arising from defective performance with Lingea without undue delay upon discovery of the defect, no later than twenty-four (24) months from the date of receipt of the Goods, or on the last day of the warranty period if the Goods are covered by a warranty.
13.6. The Client's rights arising from Lingea's liability for defects in the Goods, including Lingea’s liability for the guarantee of quality of the Goods, shall be claimed by the Client with Lingea in writing or in person at Lingea’s place of business or by e-mail at reklamace@lingea.cz, unless otherwise communicated to the Client by Lingea.
13.7. If a Goods warranty claim is being filed, the Client is required to supply Lingea with the Goods in question, together with a copy of the purchase tax document by sending it to Lingea’s place of business address.
13.8. Lingea or an authorized employee will decide on the warranty claim immediately, in complex cases within three (3) working days. The above period does not include time reasonably necessary to make a qualified assessment of the defect depending on the type of Goods.
13.9. The warranty claim, including possible removal of the defect, will be dealt with by Lingea without undue delay, no later than thirty (30) days from the date of filing the claim, unless Lingea and the Client agree on a longer period. The Client can obtain more information on the status of the claim by sending a request to: reklamace@lingea.cz.
13.10. Lingea is obliged to issue written confirmation to the Client as to who and when filed the claim, what the reason of the claim is and what mode of dealing with the claim is requested. Lingea is further obliged to issue a certificate stating the date and manner of dealing with the claim, or stating reasons for the refusal of the claim.
13.11. The reasons for filing a claim include especially defective Goods (missing leaves in books, loose binding, faulty trimming and the like) or wrong goods delivered in error.
13.12. Where the Client is entitled to a refund of the Price paid for Goods and/or part thereof, the refund will be made in cash if the Goods are returned personally by the Client to Lingea’s place of business. In other cases, the refund will be made by credit transfer to a bank account from which the client paid for the Goods and/or to the account indicated by the Client. The refund under this provision will be made to the Client within fourteen (14) days of the date on which the claim for refund arose.
13.13. If the Client decides to use the right to withdraw from the Contract under these GTC, the Client is obliged to render back to Lingea all things and items supplied to the Client by Lingea under the Contract. If this is not possible (e.g. The goods have been destroyed or lost), the Client must pay to Lingea a sum equivalent to the value of items that the Client failed to render back to Lingea. If the item in question is partially damaged, Lingea may claim compensation for damage from the Client. Lingea is entitled to offset the claimed compensation for damage against the Client's claim for a refund.
13.14. Furthermore, Lingea is entitled to offset the actual expenses incurred when returning the Goods against the refund due to the Client.
14. LIABILITY FOR DEFECTS IN ONLINE PRODUCTS AND OFFLINE PRODUCTS
14.1. Lingea does not provide any warranty on Online Products and Offline Products to the Client.
14.2. The rights and obligations of the Contracting Parties arising from the claim concerning Online Products and/or Offline Products shall be similarly subject to the provisions of Art. 13.2. to 13.14. herein except for Art. 13. 5. herein.
14.3. The Client is required to claim the rights arising from defective performance with Lingea without undue delay upon the discovery of the defect, no later than six (6) months from the date of making available or providing the Online Product and/or Offline Product, or on the last day of the warranty period if the Online Product and/or Offline Product is covered by a warranty.
14.4. The Client acknowledges and agrees that especially the following are not considered to be a defect in Online Products and/or Offline Products:
a) termination of access to and/or of the provision of Online Products and/or Offline Products in accordance with these GTC and the Contract, particularly where these are provided for a prearranged period of time or where the time limitation results from their nature or from the Contract,
b) instances where the Online Products and/or Offline Products cannot be properly displayed or used on the Client's endpoint device due to their incompatibility with the software equipment of such a device or due to the termination of support of the software equipment by its provider or operator.
15. WITHDRAWAL FROM THE CONTRACT IN CASES WHERE THE CLIENT IS A CONSUMER
15.1. If the Client is considered a consumer in relation to Lingea under the Contract, the provisions of this Article of these GTC apply to the Client.
15.2. The Client acknowledges and expressly agrees that:
a) if the Online Products and/or Offline Products are the subject of the Contract, the Client is not entitled to withdraw from the Contract in cases where Lingea has already provided and/or made available to the Client the Online Products and/or Offline Products in accordance with these GTC,
b) if Goods containing sound or image recordings or a computer program (e.g. electronic dictionaries on CD/DVD) are the subject of the Contract, the Client is not entitled to withdraw from the Contract once the Client has broken or opened the original packaging of such Goods.
15.3. A Client who is considered a consumer in relation to Lingea under the Contract where the subject of the Contract is the supply of Goods (except in the case specified in Art. 15.2. (b) herein), has the right to withdraw from the Contract within fourteen (14) days of taking delivery of the Goods. Lingea must be provably notified in writing of such withdrawal from the Contract within fourteen (14) days of receipt of the Goods by means of withdrawal notice to be delivered to Lingea’s place of business and/or by a message sent to Lingea’s e-mail address at: info@lingea.cz.
15.4. In the event of withdrawal from the Contract as per Article 15.3. herein the Contract is voided. The Goods must be returned to Lingea by the Client within fourteen (14) days of sending the withdrawal notice to Lingea. The cost of returning the Goods to Lingea shall be borne by the Client. The Goods must be returned to Lingea undamaged and unworn and, if possible, in their original packaging.
15.5. Once the Goods are returned by the Client as per Art. 15.4. herein, Lingea is entitled to examine the returned goods, in particular to check whether the returned Goods are damaged, worn or partially consumed.
15.6. In the event of withdrawal from the Contract as per Art. 15.3. herein, Lingea shall refund to the Client in the same way all financial means received from the Client under the Contract including the delivery costs no later than fourteen (14) days of withdrawal from the Contract. Lingea can only return the received financial means to the Client in a different way if the Client has agreed to that and provided that this does not cause additional costs. If the Client chose any other than the cheapest method of delivery of the Goods offered by Lingea, Lingea will refund the Client for the delivery cost in the amount equivalent to the cheapest delivery method offered. However, given the obove, the Client acknowledges and agrees that if the Client withdraws from the Contract, Lingea is not obliged to refund the Client until the Client has handed the Goods over to Lingea or proved that the Goods have been sent to Lingea.
15.7. The Client acknowledges that if the Goods returned by the Client were damaged, worn or partially consumed, Lingea has the right to claim compensation for the damage from the Client. Lingea is entitled to offset its claim to compensation for damages unilaterally against the Client's claim to a refund of the means received by Lingea.
16. WITHDRAWAL FROM THE CONTRACT
16.1. Lingea is entitled to withdraw from the Contract until the moment of delivery of the Product to the Client. Lingea usually only resorts to withdrawal from the Contract under extraordinary circumstances. It is in particular in instances when the Product is unavailable for any reason. If such a situation takes place, Lingea will contact the Client to agree on further steps. If the Client has already paid part of or the entire Price for the Products ordered, this amount will be refunded in the same way as paid by the Client and/or by credit transfer to the account specified by the Client. The refund will be made within fifteen (15) working days.
16.2. The Client is entitled to withdraw from the Contract in writing if:
a) the availability of Online Products as per Art. 12.2. herein is less than 90% in a given calendar month and/or
b) Lingea is in at least fourteen (14) day default in meeting any of its material obligations under the Contract despite written notification from the Client.
16.3. Lingea is also entitled to withdraw from the Contract if:
a) the Client is in breach of any of his/her obligations under Art. 8 or Art. 10 herein or if
b) the Client repeatedly breaches his/her obligations under the Contract despite a written warning from Lingea or if
c) the Client fails to rectify the consequences of breaching the Client's obligations under the Contract, despite a written warning from Lingea.
16.4. If, together with the Product, a gift is made to the Client, a gift agreement between Lingea and the Client is deemed to have been made with a resolutive condition that, if withdrawal from the Contract by the Client takes place, the gift agreement for such a gift is nullified and the Client is obliged to return the gift to Lingea, along with the Product.
16.5. Withdrawal from the Contract must be made in writing. The Contract terminates by the moment of receipt of the withdrawal notice by the other Contracting Party. If the Client has paid to Lingea a Price for the Products, which is meant to also cover a period following the termination of the Contract, such corresponding part of the Price will be refunded in the event of withdrawal from the Contract by the Client as per Art. 16.2. herein.
16.6. If Lingea withdraws from the Contract as per Art. 16.3. herein, the Client (not having the status of a consumer in relation to Lingea under the Contract) is required to pay to Lingea a contractual penalty, in the amount equivalent to the Price (or a proportional part thereof) already paid by the client for the Products, which covers the period after the termination of the Contract. Lingea is entitled to unilaterally offset its claim to contractual penalty against the Client's claim to the refund of the Price paid for the Products, which covers the period after the termination of the Contract, to the extent in which the claims overlap. The provision on contractual penalty does not affect in any way Lingea's right to claim from the Client compensation for damages caused by the Client.
16.7. If Lingea withdraws from the Contract as per Art. 16.3. herein, the Client (having the status of a consumer in relation to Lingea under the Contract) is required to pay to Lingea a contractual penalty in the amount equivalent to the Price (or a proportional part thereof) already paid by the Client for the Products, which covers the period after the termination of the Contract, but not more than CZK 1,000. Lingea is entitled to unilaterally offset its claim the contractual penalty against the Client's claim to the refund of the Price paid for the Products, which covers the period after the termination of the Contract, to the extent in which the claims overlap. The provision on contractual penalty does not affect in any way Lingea's right to claim from the Client compensation for damages caused by the Client.
17. PROCESSING AND PROTECTION OF PERSONAL DATA
17.1. Protection of personal data of the Client who is a natural person is ensured in accordance with relevant legislation, in particular 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 (hereinafter as “GDPR”).
17.2. The Client acknowledges that he/she is required to state his/her personal data (e.g. when ordering at the Onlione Shop, when registering, in the User Account etc.) correctly and truthfully. The Client has the right to be informed about what data is registered about him/her and is entitled to change that data, or to express in writing his/her disagreement with processing of the data. The Client's personal data will not be disclosed to any third parties by Lingea without the Client's prior consent. Personal data protection is supervised by The Office for Personal Data Protection.
17.3. Details of the scope of the data processed and the purpose of the processing are described in a separate Personal Data Protection document.
17.4. By submitting the Client's order, the Client acknowledges that Lingea is authorized (under Act No 480/2004, on certain services of the Information Society) to send business communications to the e-mail address indicated by the Client and/or otherwise registered in the Client's User Account. The Client may withdraw consent to the processing of personal data for marketing purposes at any time by referring to any such communication or by replying to the email address from which such commercial communication was sent.
17.5. If the client believes that Lingea is processing his/her personal data in violation of the law and/or GDPR, he/she may ask Lingea for explanation or require that Lingea rectify the resulting situation. In particular, this can involve correction, addition or disposal of personal data. If the Client's request as per the above sentence is found to be justified, Lingea shall rectify the defective situation without undue delay. If Lingea fails to comply with the request, the Client has the right to contact directly the Office for Personal Data Protection.
18. DELIVERING
18.1. Unless otherwise agreed, all correspondence must be delivered to the other Contracting Party in writing, by e-mail, personally or by registered mail through the postal service. Lingea delivers to the Client’s email address stated by the Client in the order and/or registered in the Client’s User Account.
18.2. A message is considered delivered:
- for e-mail deliveries, at the moment when the e-mail message reaches the incoming mail server; the integrity of messages sent by e-mail may be ensured by a certificate,
- for personal deliveries or postal service deliveries, at the moment of taking delivery by the addressee (or as the case may be, by refusing to take delivery of the postal item),
- for postal service deliveries, by the moment of expiration of a period of ten (10) days from depositing the postal item and issuing a notification to the addressee to collect the item, even if the addressee was not aware of the deposited item.
19. COMMON PROVISIONS
19.1. These GTC enter into force on April 1st 2020. Current amendments to these GTC are available at XXX. The Client is bound by the wording of the GTC as in force on the date of conclusion of the Contract.
19.2. Provisions differing from these GTC can be provided for in the Contract. Differing provisions provided for in the Contract take precedence over the provisions of these GTC.
20. FINAL PROVISIONS
20.1. By submitting a firm order as per Art. 3.5. and 3.6. herein the Client confirms that he/she is familiar with these GTC and agrees with them without reservations.
20.2. If the relationship established by the Contract contains an international (foreign) element, the Contracting Parties agree that the relationship shall be governed by Czech law (particularly by the Copyright Act and the Civil Code) and the general court of first instance with jurusdiction relevant to Lingea’s place of business will be the court of jurisdiction to hear any possible disputes. This is without prejudice to the consumer rights under generally binding legislation.
20.3. The provisions of these GTC which reflect consumer protection under legal regulations do not apply to a Client who is not a consumer, this is especially true of the provisions of art. 6.2., 7.3., 15. and 16.7. herein.
20.4. Should any of the provisions of these GTC and/or of the Contract be or become invalid, ineffective or unenforceable, the validity, effect and enforceability of the other contractual provisions herein will not be affected in any way. The Contracting Parties shall provide mutual cooperation in order to make sure that the invalid, ineffective or unenforceable provision is replaced by a valid, effective and enforceable provision, which maximally preserves the economic purpose intended by the invalid, ineffective or unenforceable provision. The same applies to possible loopholes in the Contract.
20.5. Out-of-court settlement of complaints from Clients who are consumers is ensured by Lingea via its email address: info@lingea.cz. Information about the handling of the Client's complaint is sent by Lingea to the Client's email address registered by the Client in the User Account and/or address used by the Client to send the complaint and/or the order.
20.6. If a consumer dispute arises form the Contract that fails to be resolved by mutual agreement, the Client is entitled to resort the out-of-court settlement of the consumer dispute under Act 634/1992, on consumer protection, as amended. The authorized entity to settle out-of-court consumer disputes is:
Czech Trade Inspection Authority
Central Inspectorate - Department ADR
Štěpánská 15
120 00 Praha 2
Czech Republic
E-mail: adr@coi.cz
Web: adr.coi.cz.
The Client can also use the European Commission's online dispute resolution platform at: http://ec.europa.eu/consumers/odr/.
20.7. Lingea is authorized to sell and provide or make available Products under a trade licence and Lingea's business activities are not subject to any other licence or authorization. Trade and business inspections are carried out by the relevant trade authority within its remit.
20.8. Lingea contact details:
Lingea’s place of business: Lingea s.r.o., Vackova 9, 612 00 Brno, Czech Republic
Address for deliveries: Lingea s.r.o., Vackova 9, 612 00 Brno, Czech Republic
E-mail address: info@lingea.cz
Warranty claim address: reklamace@lingea.cz
Phone No: +420 541 233 160
20.9. The Client is required to inform Lingea in writing of any changes to his/her e-mail address or other identification and contact details.
20.10. The Contract entered into between and by Lingea and the Client and any changes and amendments thereto must made in writing (this form is also required for the purposes of the Contract and these GTC even for remote communication between the Contracting Parties by electronic means, i.e. in particular via e-mail messages).
Brno, 10.8.2020