General Terms and Conditions
1. Introductory Provisions
Natural, as well as legal entities can purchase goods and services through the website leaflearn.com, provided that the mutual rights and obligations between the Seller and the Buyer are governed by the following General Terms and Conditions (hereinafter referred to as the "GTC").
Legal relationships not expressly governed by these GTC shall be subject to Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "CC").
If the Buyer is a consumer (a person other than an entrepreneur who makes the order or concludes
Framework Agreement with the Seller within the scope of their business activities), the rights and obligations of the Seller and the Buyer shall also be governed by the provisions of Sections 2158 et seq. of the CC (“Special Provisions on the Sale of Goods in Trade”) and, in the case of consumer (acting as buyers), also by Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter referred to as “CP”).
The Seller is the company OMSE EUROPE s.r.o., Company Identification Number: 06320724, registered seat at Vrázova 2243/7, Smíchov, 150 00 Prague 5 Prague, registered at the Municipal Court in Prague, Insert C, File Nr. 280029, in the case of the Framework Agreement and other related contracts.
For the purpose of defining the Seller, the company LEAF LEARN s.r.o., registered seat at Pernerova 691/42, 186 00 Prague 8, registered in Commercial register kept by the Municipal Court in Prague, Insert C, File Reg. 253283 shall be regarded the website operator; the same company also acts as the Seller in case of comcluding the Purchase Contract via the website leaflearn.com, outside the Framework Agreement with company OMSE EUROPE s.r.o.
2. Terms and Definitions
Consumer contract - Purchase Contract, Framework Agreement, or other types of contracts according to the Civil Code, should the contracting parties be the consumer (a person other than the entrepreneur who makes an order or concludes the contract with the Seller within his/her business activities or the independent exercise of his/her profession) on one side and the Supplier or the Seller on the other side.
Buyer - the consumer - a person who, when concluding and fulfilling the contract, does not act within the scope of his/her business activities. It can be a natural or legal person who purchases products or uses services for the purpose other than doing business with the bought products or services.
Buyer who is not a consumer - an entrepreneur who buys products within the scope of his/her business activities or in the independent exercise of his/her profession.
User - any person who visits the website or e-shop leaflearn.com. When using the site, the User shall not interfere with its security, is not authorised to use the site to transfer harmful files and try to penetrate publicly inaccessible places of the site or endanger the safety of the site operation in any way.
Purchase contract - a contract for the purchase of a product (equipment or consumables) concluded through the website leaflearn.com, or the e-shop. It means, in particular, a one-time purchase of products/consumables via the site by the Buyer, i.e. the consumer who has not concluded a Framework Agreement with the Seller.
Framework Agreement - a contract for the supply of goods, products, especially consumables for equipment, concluded in writing between the Seller and the Buyer but not through the website or e-shop as in the case of a Purchase Contract.
3. Processing of personal data
Access to the [leaflearn.com] website (http://leaflearn.com/) may be conditioned by providing specific personal data of the Users under the conditions stated on the site. Personal data of the Buyers can be processed by the Seller to conclude and fulfil the contract and the rights arising therefrom.
The Seller shall handle all personal data by following the valid legal regulations, especially in accordance with Act No. 101/2000 Coll., On the protection of personal data, as amended, and acts as the Personal Data Manager. Personal data shall be fully secured against misuse and not be shared with other managers unless the Seller obtains the consent of the User (Buyer) for such a sharing. The Seller may use the provided personal data beyond the scope of processing necessary for the conclusion and performance of the contract only if the Buyer awards him with his/her voluntary consent.
The Buyer acknowledges that the e-mail address he/she has provided in connection with the purchase of a product or service may be used to send a commercial communication by the Seller pursuant to Act No. 480/2004 Coll., as amended, with offers of similar products or services. If the Buyer - the addressee, does not wish to obtain such commercial messages any further, the Buyer may express his/her disagreement with the business message sending by clicking on the appropriate place in the message or by sending an e-mail containing his/her disapproval with sending these messages to firstname.lastname@example.org.
The Seller may authorise a third party as a processor to process personal data. The Seller hereby informs the Data Subject, i.e. the User and the Buyer (hereinafter also referred to as “Data Subjects”), about the rights arising from Act No. 101/2000 Coll., On the protection of personal data, i.e. in particular, that the provision of personal data to the Seller is voluntary beyond the scope of the processing necessary for the conclusion and performance of the contract, and that the Data Subject has the right to access them, to ask the Manager in writing to terminate their processing and delete the information, for which the Data Subject has given consent; moreover, the Data Subject has the right to contact the Office for Personal Data Protection if their rights have been violated and request an appropriate remedy of such situation such as refraining from such actions by the Seller, removing the current unsuitable condition, providing an apology, making corrections or additions, blocking, paying monetary compensation, as well as exercising other rights arising from Sections 11 and 21 of the Personal Data Protection Act.
If the Data Subject wishes to correct their data that the Seller processes, they may request it at the e-mail address email@example.com or the above-mentioned postal address of the Seller.
4. Purchase Contract:
If the Buyer has concluded a Framework Agreement (Section B) with the Seller, the relations of the Contracting Parties shall be governed by the Framework Agreement terms and the fact of purchasing products by the Buyer under the Framework Agreement does not establish a Purchase Agreement nor create terms under the following provisions of the Purchase Agreement.
4.1. Ordering goods and concluding a Purchase Agreement
Completion of all the prescribed data and requirements specified in the order form represents a condition for a valid electronic order. Before the Buyer definitively confirms an order, they have the right to check the entire order and the entered data. If they want to change some item, it is possible to do so by using the “Back” button. It will return the Buyer to the previous step. If the Buyer accepts the form of the order, by clicking on the [Complete order] button, they shall finalise the order and sent it for processing. Sending the order makes the submission binding.
The Seller shall confirm the order to the Buyer by telephone or e-mail sent to the e-mail address the Buyer had stated in the order that the order was accepted (hereinafter referred to as “Acceptance”). An automatically sent notification of the receipt of the order shall not be considered a binding acceptance of the order.
The Seller has the right to check the Buyer’s identification data before handing over the subject matter of the order, to ensure the correct delivery of the ordered goods or services. By placing an order, the Buyer accepts the GTC of the Seller, as well as the price for the ordered goods, including any shipping and transportation costs valid at the time of making and sending the order. As soon as the Buyer receives the Seller’s acceptance notice of the order (either by telephone or via e-mail), the Seller’s offer for the ordered goods, including the price stated in the order, shall become binding until delivery of the goods to the Buyer unless specific provisions of the Terms and Conditions state otherwise. The order becomes a draft of the purchase contract, and the Purchase contract is concluded via telephone or e-mail acceptance of the order by the Seller. This moment establishes mutual rights and obligations between the Buyer and the Seller, which are defined by the Purchase contract and the GTC, which form an integral part thereof.
The contract between the Buyer and his internet connection provider, or his/her provider of electronic communications services, shall govern the costs of using electronic means. Depending on the nature of the order, the quantity of goods, price, transport costs, distances, etc., the Seller shall be entitled to ask the Buyer for authorisation (further confirmation) of the order in a suitable manner such as in writing or by telephone. The order is considered invalid, and the contract expires if the Buyer does not provide such authorisation (further confirmation) in the required manner. The Buyer will be notified of these facts by the Seller upon Acceptance of the order (by phone or e-mail).
The contract shall be concluded in the Czech language. The Seller archives the concluded Purchase contract for its successful fulfilment in electronic form for a period of five (5) years; and the contract shall not be accessible to third non-participating parties.
Information on the appropriate technical steps leading to the conclusion of the contract can be deduced from the GTC where the procedure is clearly described.
The Buyer agrees that upon the receipt of goods paid by credit card or prepaid by bank transfer, the Seller or the carrier authorised to deliver the goods to the Buyer is entitled to verify the identity of the person receiving the goods by requesting an identity document, i.e. ID card or passport, and record the ID number, or other information identifying the person who took over the goods, to prevent fraud in the misuse of stolen payment cards and to protect the rights of the valid owner of the payment card. The Buyer expressly gives his/her consent to the recording of personal data in the manner specified in the previous sentence and its storage for a period of six months from the date of receipt of the goods. At the same time, the Buyer acknowledges that he/she has rights under Act. No. 101/2000 Coll., in particular, that the provision of such data is voluntary, that his/her consent can be revoked free of charge at any time at the Manager’s address and that he/she has the right to access personal data, get them corrected, block incorrect data, get them deleted, and other rights. In case of doubts about the compliance with the rights, the Buyer has the right to contact the Manager or directly to the Office for Personal Data Protection.
4.2. Price and its payment within the scope of the Purchase Agreement
The prices listed on the website leaflearn.com are final, without VAT and including VAT. Transport costs (information on the price conditions for the transport of goods) can be found in the section “Conditions of the goods delivery” of this GTC. It may vary according to the specific order (depending on whether the Buyer is a person other than an entrepreneur), and is consecutively added to the price of goods The final calculated price, after filling in the order form, already includes the shipping fee. When concluding the contract between the Seller and the Buyer, the price stated for the products at the time of their ordering by the Buyer shall be considered the goods price. The final price is stated in the order form and corroborated in the e-mail confirming the acceptance of the order.
An invoice issued on the basis of a Purchase contract between the Seller and the Buyer other than the consumer, can also be used as a tax document. The Buyer can take over the goods or services only after their full payment unless otherwise agreed. If the Buyer makes the payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller shall immediately return the financial performance to the Buyer in the agreed manner. The time limit for the return of funds spent depends on the chosen method of return (bank transfer, postal transfer). However, it may not exceed a period of 30 days from the moment when this impossibility case arose.
Ownership of the Goods passes to the Buyer upon payment of the purchase price, incl. VAT.
4.3. Delivery period
The delivery period for goods that will be paid by the Buyer upon receipt, i.e. cash on delivery starts on the day of the valid conclusion of the Purchase contract according to Article 4 of this GTC, i.e. after sending a confirmation e-mail (Acceptance) by the Seller. If the Buyer has chosen a different payment option other than payment for the goods upon their receipt such as by transferring the payment from his/her account to the account of the Seller, the delivery period begins to run when the payment of the purchase price is credited to the Seller’s account. Specific delivery dates of the goods are specified for each product in the goods catalogue and only working days are included. If the ordered goods cannot be delivered within the specified period, the Seller shall immediately inform the Buyer about this fact together with information about the replacement delivery date or the Seller can offer a different product, comparable to the original one. In this case, however, the Seller must request the consent of the Buyer. If the Buyer disagrees with the change, both the Buyer and the Seller have the right to withdraw from the contract.
4.4. Terms of the goods delivery
A particular order shall govern the conditions of delivery of goods.
The Seller does not charge shipping costs.
The Seller shall determine specific carrier who delivers the shipment, according to the nature and volume of the goods ordered by the Buyer.
4.5. Additional services to the transportation
Standardly, the transport of goods is provided “at the doorstep” on working days from 8 am to 5 pm. During making the order, the Buyer can also order above-standard transportation services such as moving the goods to a particular floor or delivery at a specific time.
4.6. Buyer’s rights from defective performance and service
The Buyer is entitled to exercise the right from a defective performance that occurs in consumer goods within 84 months of the item acceptance by the Buyer. If a particular period is stated in the catalogue, on the website leaflearn.com, in the product sheet, on the sold item or its packaging, in the instructions attached to the product or in the advertisement, when the product can be used (warranty period), the Seller is responsible for ensuring that the product will be suitable for use for the usual purpose during such warranty period or that it will retain its typical properties. Such contractually provided warranty period shall start from the date of the receipt of the goods by the Buyer.
The Buyer is obliged to get acquainted with the instructions for the use of the purchased product before its use. Operating or assembly instructions are either enclosed directly with the goods or can be downloaded from the website leaflearn.com on the product detail page. If the instructions for the use of the goods have not been placed at the goods, cannot be downloaded from the website, the Seller shall send them to the Buyer upon request.
The Seller is responsible to the Buyer that the product has no defects upon its acceptance. In particular, the Seller is liable to the Buyer that at the time when the Buyer took over the item,
It has the characteristics agreed upon by the parties and, in the absence of an agreement, it has such characteristics as the Seller or the manufacturer described or which the Buyer expected having regarded the nature of the goods and based on their advertising;
It is suitable for the purpose stated by the Seller or for the purpose for which an item of this kind is usually used;
It would correspond in quality or design to the contracted sample or model if the quality or design were determined according to the contracted sample or model;
It is in the appropriate quantity, measure or weight; and
It complies with the requirements of the legislation.
Should the defect becomes apparent within six months of the receipt of the product, it is deemed to have been defective at the time of its acceptance.
If the product does not have the properties specified above, the Buyer may also request delivery of a new product without defects unless this is disproportionate due to the nature of the fault. If only part of the product is defective, the Buyer may only request the replacement of that particular part; if this is not possible, the Buyer may withdraw from the contract. However, if such request is disproportionate due to the nature of the defect, especially if the fault can be removed without undue delay, the Buyer has the right to free removal of the defect.
If the Buyer cannot use the product properly due to the recurrence of the fault after repair or due to occurrence of several defects, the Buyer has the right to get a new product or to have a part thereof replaced even in the event of an irreparable fault. In such a case, the Buyer also has the right to withdraw from the contract.
If the Buyer does not withdraw from the contract nor exercises the right to deliver a new product without defects, to replace its part or to repair the repair, he/she may request a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver a new product without defects, replace parts thereof or repair the product, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging such a solution would cause the Buyer considerable difficulties.
The Buyer cannot claim any rights arising from the poor (defective) performance if he/she knew before taking over the product that it has a defect, or if the Buyer has caused the fault, in particular, in the following ways:
The product has been installed or used in contravention of the instructions for use or operating instructions or if the defect or damage has arisen from the demonstrably incorrect use of the product;
The product is mechanically damaged (e.g. in case of unauthorised tampering with the product);
The defect was caused by improper or careless handling or by the fact that the product was used for a purpose other than usual or specified by the manufacturer.
By improper storage of the product and non-compliance with the instructions provided by the Seller how to use the product (including high temperatures, extreme conditions at the place of use of the product, etc.).
Furthermore, the Seller’s liability to the extent specified above does not apply to the following cases:
If the product was sold at a lower price due to occurrence of a defect;
If the defect stated by the Buyer has the character of wear and tear, which is caused by the regular use of the product.
Furthermore, the liability for defects does not, by its nature, cover damages caused by natural disasters or other external influences such as lightning or other atmospheric shocks, fire or water or other non-standard phenomena such as overvoltage in the distribution or telephone network, i.e. other than the non-defective performance of the Seller.
In the event of a defect for which the Seller is responsible, the Buyer has the right to file a complaint via the complaint form on the website leaflearn.com or on the telephone number of the Seller. There, the Buyer can also determine the method of delivery of the product necessary to the complaint procedure, and the operator can advise the Buyer on how to proceed.
The Seller is obliged to issue a written confirmation to the consumer specifying when the consumer exercised his/her right, the content of the complaint and how the consumer wants to handle the complaint; and a confirmation of the date and manner of handling the claim, including a proof that the repair has been accepted and how long it would take, or a written justification for rejecting the complaint.
The Seller shall decide on the justification of the complaint within three working days, in complex cases within seven working days. This period shall not include the time required for a professional assessment of the defect based on the type of product or service. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date when the claim has been made unless the Seller agrees with the consumer on a more extended period. Failure to meet this deadline shall be considered a material breach of contract.
Complaints can only be accepted if the following facts has been proven:
That it is a defect for which the Seller is liable due to poor performance that has been claimed within 24 months from the receipt of the product or in the course of the contractually provided warranty period. As a rule, the Buyer shall prove this fact by a receipt or a document with a duly marked date of sale, stamped by the Seller and signed if a guarantee has been provided for the product;
That the Buyer bought the product from the Seller and at what price. As a rule, the Buyer proves this fact by a valid sales document with the indicated date of purchase of the product confirming the purchase of the claimed goods from the Seller;
That the product is defective. For this purpose, the Buyer shall submit the defective product to the Seller or a person authorised by the Seller or the manufacturer to make the repair.
If the Buyer does not fulfil any of the conditions stated above in the text, the complaint cannot be recognised as justified. There are no fees for unjustified claims.
The Seller shall inform the Buyer about the complaint settlement and about the time limit within which he/she should collect the given goods. If the Seller does not deliver the information on the complaint settlement to the Buyer within 30 days, for any reason on the part of the Seller or the Buyer, the Buyer is obliged to pick up the goods immediately after the 30-day period in which the complaint was to be settled.
4.7. Return of goods - withdrawal from the Purchase Agreement
4.7.1. The right to withdraw from the Purchase Agreement
The Buyer who has concluded a Purchase Agreement with the Seller via the website leaflearn.com or other means of distance communication has the right to withdraw from the Purchase Agreement without giving a reason within 14 days from:
The date of the conclusion of the contract, or
The date on which the Buyer or a third party designated by him/her (other than the carrier) takes over the goods (in the case of a one-off purchase contract); or
The date of acceptance of the last part of the goods (in the case of a Purchase contract concerning several types of products that have been ordered by the consumer under a single order and delivered separately); or
The date of the receipt of the last part of the delivery (in the case of a Purchase contract concerning goods consisting of several items or parts thereof).
For the purposes of exercising the right to withdraw from the Purchase Agreement, the Buyer must inform the Seller of his/her decision to withdraw from the Agreement by sending a withdrawal notice within 14 days stated above in the form of an unambiguous statement (e.g. letter sent by post, fax or e-mail):
By e-mail to firstname.lastname@example.org,
By post to the address of the company LEAF LEARN s.r.o.,
By using the attached sample form for withdrawal from the Purchase Agreement. To comply with the deadline for withdrawal from the contract, it is sufficient to send a notice determining the decision to exercise of the right to withdraw from the Purchase Contract prior to the expiration of the relevant period.
4.7.2. Consequences of withdrawal from the Purchase Agreement concluded through the website leaflearn.com
If the Buyer withdraws from the Purchase Agreement with the Seller, we will return to you all payments related to the one-time Purchase Agreement regarding the order for products under this Purchase Agreement without undue delay but no later than 14 days from the day when we were informed of your decision to withdraw from the Purchase Agreement. We will use the same refunding payment method you used to make the initial transaction unless you have explicitly stated otherwise. You won´t be incurred with any additional fees. We can wait with the refunding until we receive the returned goods or get proof that you have sent the products back, whichever comes first.
a) Accepting the goods back
The Buyer shall send the goods without undue delay but no later than 14 days from the date when you notify us that you are withdrawing from the contract.
If you exercise the right to withdraw from the contract without giving a reason, please, return the goods in the original packaging and with all accessories, if possible, so that no damage is caused to it. Before the Seller accepts the goods back, he/she recommends packing the products so that they are sufficiently protected against any damages and deterioration during transportation. As soon as the Seller receives the returned goods, he/she is obliged to check them immediately but no later than within 14 days. If the products are rightfully returned, the Seller shall immediately, but no later then 14 days from the date of their return, send information to the Buyer that the goods have been returned in order and return the purchase price paid to the Buyer by using the same payment method as the Buyer when making the initial transaction or by sending money to the Buyer’s address or transferring it to the Buyer’s account. The Buyer may state upon withdrawal from the contract how he requests the purchase price to be refunded.
b) Liability for the reduction in the value of the returned goods
The Buyer is liable to the Seller only for any reduction in the value of the goods resulting from handling the product in a way other than necessary to become familiar with the nature, properties and functionality of the goods.
Should the reduction in the value of the goods be more significant than stated in the previous sentence, the Seller is entitled to claim compensation from the Buyer for the decrease of the returned goods, primarily if such a reduction occurs due to damage to the delivered goods or if the product has not been delivered complete.
The Seller reserves the right to include compensation for the reduction in the value of the returned goods against the returned purchase price; however, the Seller is obliged to prove the amount of such reimbursement.
The consumer cannot withdraw from the contract (according to the provisions of Section 1837 of the Civil Code):
For the provision of services if such services have been fulfilled with his/her prior express consent before the expiry deadline of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case the consumer has no right to withdrawal;
For the delivery of goods, which have been adapted to the wishes of the consumer or to his/her person;
For the providing of repair or maintenance services carried out at a place designated by the consumer at his/her request. However, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested;
For the supply of goods in a closed package, which the consumer has removed from the packaging and cannot be returned for hygienic reasons.
5. Framework Agreement
The relationships between the Seller and the Buyer under the Framework Agreement shall be governed by the terms and conditions that form part and appendix to each Framework Agreement. The Terms and Conditions of the Framework Agreement shall, in particular, exclude the procedure pursuant to provisions of Articles 4.1 - 4.7.2. thereof.
6. Final Provisions
If the consumer, as the Buyer, believes that his/her rights have been violated, he/she may address a complaint to the Seller via the e-mail address email@example.com in the interest of out-of-court settlement of the matter.
These Terms and Conditions are displayed on the website leaflearn.com and, therefore, the Buyer can archive or reproduce them. The General Terms and Conditions apply to the extent and wording that is stated on the Seller’s website on the day of submitting the electronic order. By submitting the electronic order, the Buyer confirms to the Seller that he/she has read these GTCs and that agree with them. The Buyer is sufficiently informed about the GTC existence prior to the actual execution of the order and has the opportunity to become acquainted with them.