Terms and Conditions

• We reserve the right to slight variations in product color (the actual color of the fabric may differ slightly from the photo due to monitor settings or lighting during photography). 
• Minor irregularities in weaving or sewing are not defects but a natural part of the production process.
• For fabric sold by the meter, please note that a length variation of ±1–2 cm may occur due to manual cutting. 

III.

Orders and Conclusion of the Purchase Contract 

1. Any costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection fees, telephone call charges) shall be borne by the Buyer. These costs do not differ from the standard rate.
2. The Buyer may place an order in the following ways:

• via their customer account if previously registered in the online store,
• by filling out the order form without registration,
• by sending a written order to the Seller's e-mail address,
• by phone.

1. When placing an order, the Buyer selects the goods, quantity, payment method, and delivery method.
2. Before submitting the order, the Buyer has the opportunity to check and change the data entered in the order. The order is sent by clicking the SUBMIT ORDER button. All information provided in the order is considered correct by the Seller. The order is valid only if all required fields in the order form are completed and the Buyer confirms that they have read and agree with these Terms and Conditions. 
3. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt to the e-mail address provided. This confirmation is automatic and does not constitute the conclusion of the purchase contract. The confirmation includes the Seller's current Terms and Conditions.
4. The purchase contract is concluded only upon the Seller's acceptance of the order. The Buyer will receive a confirmation of the acceptance via e-mail. The sending of a pro forma invoice by the Seller is also considered acceptance of the order.
5. If the Seller cannot fulfill any of the requirements stated in the order, they will send the Buyer a modified offer to the provided e-mail address. This modified offer is considered a new proposal for the purchase contract. In such a case, the purchase contract is concluded upon the Buyer's confirmation of acceptance of the new offer, sent to the Seller's e-mail address specified in these Terms and Conditions.
6. All orders accepted by the Seller are binding. The Buyer may cancel an order before the Seller sends the confirmation of acceptance. The cancellation can be made by phone or by e-mail, using the contact details provided in these Terms and Conditions. 
7. If there is an obvious technical error on the part of the Seller regarding the price of goods displayed in the online store or during the ordering process, the Seller is not obliged to deliver the goods at the incorrect price — even if an automatic confirmation of order receipt was sent to the Buyer. The Seller shall inform the Buyer of the error without undue delay and send a modified offer to the Buyer's e-mail address. This modified offer is considered a new proposal for the purchase contract, which is concluded upon the Buyer's confirmation of acceptance sent to the Seller's e-mail address.

IV.

Customer Account 

1. Based on the Buyer's registration in the online store, the Buyer can access their customer account. From the customer account, the Buyer may place orders. It is also possible to place orders without registration.
2. When registering a customer account or placing an order, the Buyer is obligated to provide accurate and truthful information. The Buyer must update the data in the customer account whenever it changes. All information provided by the Buyer in the customer account and during ordering is considered correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is required to maintain confidentiality regarding the login details necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not authorized to allow third parties to use their customer account.
5. The Seller may cancel the customer account, especially if the Buyer does not use the account for an extended period or if the Buyer breaches any obligations under the purchase contract or these Terms and Conditions.
6. The Buyer acknowledges that the customer account may not be available at all times, particularly due to necessary maintenance of the Seller's hardware and software or that of third parties.

V.

Payment Terms and Delivery of Goods 

1. The Buyer may pay the price of goods and any applicable delivery costs as specified in the purchase contract by the following methods:

• by bank transfer (cashless payment) to the Seller's account,
• by cashless payment via payment card,
• through third-party financial services – deferred payment via credit,
• by bank transfer via a payment gateway,
• by cash on delivery upon receipt,
• by cash or payment card upon personal pickup at the Seller's premises,
• by cash or payment card upon personal pickup at a collection point.

1. Along with the purchase price, the Buyer is obliged to pay the Seller the delivery costs and any agreed installation service fee. Unless explicitly stated otherwise, the purchase price also includes the delivery costs.
2. In the case of cash payment, the purchase price is payable upon receipt of goods. For cashless payments, the purchase price is due within 3 days of concluding the purchase contract, unless otherwise agreed. The due date stated on the invoice takes precedence over the general due date.
3. When paying through a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
4. In the case of cashless payment, the Buyer's payment obligation is fulfilled when the relevant amount is credited to the Seller's bank account.
5. The Seller may require advance payment or a similar prepayment. For goods with a delivery time longer than 14 days (i.e. goods not in stock and made to order), a deposit of 70% of the purchase price is required.
6. Goods are delivered to the Buyer:

• to the address specified in the order,
• to a collection point specified by the Buyer,
• by personal pickup at the Seller's premises.

1. The delivery method is selected during the ordering process.
2. Delivery costs based on the method of shipping and collection are specified in the Buyer's order and confirmed by the Seller. If a specific method of delivery is requested by the Buyer, the Buyer bears the risk and any additional costs associated with that method.
3. If the Seller is obliged to deliver goods to a location specified by the Buyer in the order, the Buyer must accept delivery upon arrival. If the Buyer fails to accept the goods and re-delivery or alternative delivery becomes necessary, the Buyer must cover the related additional costs.
4. Upon receiving the goods from the carrier, the Buyer must inspect the packaging for damage and immediately notify the carrier of any defects. If the packaging appears tampered with or damaged, the Buyer is not obliged to accept the shipment. In case of damage, a damage report must be prepared with the carrier. If no such report is made, the delivery is considered intact.
5. The Seller issues a tax document (invoice) for all payments, which is sent to the Buyer's e-mail address.
6. Ownership of the goods passes to the Buyer upon full payment of the purchase price, including delivery costs, but not before the Buyer takes possession of the goods.
7. The risk of accidental loss, damage, or destruction of the goods passes to the Buyer at the moment of receipt or at the moment when the Buyer was obliged to accept the goods but failed to do so in breach of the purchase contract.
8. The estimated delivery date shown in the Seller's product catalog is approximate and subject to change in the event of unforeseen circumstances beyond the Seller's control, such as force majeure, strikes, or pandemics. This also applies if such circumstances occur on the part of the Seller's supplier. In such cases, the Buyer shall not be entitled to claim compensation for delay, and the Buyer agrees to tolerate any reasonable extension of the delivery time.
9. The installation fee includes a charge for packaging disposal.

Note: External carriers (e.g., Delta, PPL, etc.) do not provide an item carry-in service. The customer must arrange this themselves. The paid Carry-in Service is available only when using our Luvoti Delivery.

VI.

Withdrawal from the Contract

1. The Buyer, who entered into the purchase contract outside the scope of their business activity as a natural person – consumer, has the right to withdraw from the contract without giving any reason.
2. The withdrawal period is 14 days: 

• from the date of receipt of the goods,
• from the date of receipt of the last delivery, if the contract includes several types of goods or parts,
• from the date of receipt of the first delivery, if the contract concerns regular repeated deliveries.

1. The Buyer may not withdraw from the contract, among other things, in the following cases:

• provision of services that have been performed with the Buyer's prior express consent before the withdrawal period has expired and where the Seller informed the Buyer in advance that there is no right of withdrawal in such cases,
• supply of goods or services whose price depends on fluctuations in the financial market beyond the Seller's control that may occur during the withdrawal period,
• supply of alcoholic beverages deliverable after thirty days and whose price is subject to market fluctuations,
• supply of goods made to the Buyer's specifications or clearly personalized,
• supply of goods which are perishable or have been inseparably mixed with other items after delivery,
• supply of sealed goods that were unsealed after delivery and cannot be returned for hygienic reasons,
• supply of audio or video recordings or computer software unsealed after delivery,
• supply of newspapers, magazines, or periodicals,
• supply of digital content not supplied on a tangible medium, delivered with the Buyer's prior express consent before the withdrawal period expired, where the Buyer was informed that there is no right of withdrawal in such case,
• supply of goods including installation, in the extent the installation was performed with the Buyer's prior consent before the withdrawal period expired, see Art. VI par. 3/1, 
• supply of goods including carry-in service (beyond the first lockable door on the ground floor), to the extent the service was provided with the Buyer's prior consent before the withdrawal period expired, see Art. VI par. 3/1,
• other cases specified in Section 1837 of the Civil Code.

Note: According to Section 1837 letter d) of the Civil Code, withdrawal is not possible for goods made to the consumer's specifications – especially fabrics cut to measure, custom-made products, or otherwise personalized items (e.g., fabrics with personal logos, embroidery, or monograms).

1. To meet the withdrawal deadline, the Buyer must send a statement of withdrawal within the 14-day period.
2. To withdraw from the contract, the Buyer may use the model withdrawal form provided by the Seller. The withdrawal must be sent to the Seller's email or postal address as listed in these Terms and Conditions. The Seller shall confirm receipt without undue delay. 
3. A Buyer who withdraws from the contract must return the goods within 14 days of withdrawal. The Buyer bears the return shipping costs, even if the goods cannot be returned by standard postal means.
4. If the Buyer withdraws, the Seller shall refund all received payments, including delivery costs, without undue delay and no later than 14 days from the withdrawal date, using the same method of payment unless otherwise agreed and without incurring any additional costs for the Buyer.
5. If the Buyer chose a delivery method other than the cheapest one offered, the Seller will refund only the cost of the cheapest offered delivery.
6. The Seller is not required to refund before receiving the returned goods or proof from the Buyer that the goods have been sent
7. The Buyer must return the goods undamaged, unused, and clean, preferably in the original packaging. The Seller may unilaterally set off any damage against the refunded amount.
8. The Seller may withdraw from the contract if the goods are sold out, unavailable, or if the manufacturer or supplier has discontinued production or delivery. The Seller will notify the Buyer via the email provided in the order and refund all received funds within 14 days of notification.

VII.

Rights Arising from Defective Performance 

1. The Seller is responsible to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller guarantees that at the time the Buyer received the goods:

• the goods possess the properties agreed between the parties; if no agreement was made, the goods have the properties described by the Seller or manufacturer, or expected by the Buyer based on the nature of the goods,
• the goods are suitable for the purpose stated by the Seller or for the usual purpose for goods of that kind,
• the goods match the quality or design of the agreed sample or model, if quality or design was specified according to a sample or model,
• the goods are in the correct quantity, size, or weight,
• the goods comply with legal regulations.

1. The Seller's obligations for defective performance shall be at least to the same extent as those of the manufacturer. Otherwise, the Buyer may claim defects that occur in consumer goods within 24 months of receipt.
2. If a period for which the goods can be used is specified on the packaging, instructions, or advertising (in accordance with legal regulations), such a period is considered a warranty of quality. Under a quality warranty, the Seller guarantees that the goods will be fit for normal use or retain usual properties for the stated period. If the Buyer validly claims a defect, the period for asserting rights from defective performance or warranty is suspended for the time during which the Buyer cannot use the defective goods.
3. The provisions of this Article VII do not apply to goods sold at a reduced price due to a defect for which the discount was agreed, to wear and tear caused by normal use, to used goods with a defect corresponding to the level of use or wear at the time of acceptance, or if it results from the nature of the goods. The Buyer is not entitled to rights from defective performance if the Buyer was aware of the defect before accepting the goods or if the Buyer caused the defect.
4. In the event of a defect, the Buyer may file a complaint and request:

• replacement with new goods,
• repair of the goods,
• a reasonable discount from the purchase price,
• withdrawal from the contract.

1. The Buyer has the right to withdraw from the contract if:

• the defect is substantial,
• the goods cannot be properly used due to recurring defects or after repair,
• the goods have multiple defects.

1. A breach of contract is considered substantial if the breaching party knew or should have known at the time of the contract that the other party would not have entered into the contract had it foreseen such a breach.
2. In the case of a non-substantial defect (regardless of whether it is repairable), the Buyer may request a repair or a reasonable discount.
3. If a repairable defect occurs repeatedly (typically the third complaint for the same issue or the fourth for different ones), or if the goods have multiple simultaneous defects (usually at least three), the Buyer may request a discount, replacement, or withdraw from the contract.
4. When filing a complaint, the Buyer must specify which right they are exercising. Changing the chosen remedy is only allowed with the Seller's consent, unless the Buyer originally requested a repair that proves impossible. If the Buyer does not specify a right from a substantial breach in time, they have the same rights as in case of a non-substantial breach.
5. If repair or replacement is not possible, the Buyer may withdraw from the contract and request a full refund.
6. If the Seller proves that the Buyer knew about the defect before acceptance or caused it, the Seller is not obliged to comply with the Buyer's claim.
7. The Buyer cannot claim for a defect on discounted goods for which the discount was applied due to the defect.
8. The Seller must accept complaints at any of its premises where it is possible, or at its registered office or place of business. The Seller must provide a written confirmation of when the complaint was made, what it includes, and what method of resolution the Buyer requested, along with the outcome and details of any repair or a written justification of rejection.
9. The Seller or an authorized employee must decide on the complaint immediately, or within three working days in complicated cases. This period does not include the time necessary for expert assessment depending on the nature of the goods or services. Complaints including defect resolution must be settled without undue delay, no later than 30 days after being made, unless a longer period is agreed with the Buyer. Missing this deadline is considered a substantial breach and entitles the Buyer to withdraw from the contract. The moment the Seller receives the returned goods is considered the moment the complaint is made.
10. The Seller shall notify the Buyer in writing of the result.
11. The Buyer is not entitled to claim rights from defective performance if they knew about the defect or caused it.
12. In the case of a justified complaint, the Buyer is entitled to reimbursement of reasonably incurred costs related to the complaint. This must be claimed within one month after the warranty period ends; otherwise, the court may not recognize the claim.
13. The rights and obligations of the parties concerning defective performance are governed by Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII.

 Delivery of Correspondence 

1. The contracting parties may deliver all written correspondence to each other via email.
2. The Seller sends correspondence to the Buyer's email address provided in the Buyer's customer account or in the order.

IX.

Ownership of Uploaded Multimedia Files 

1. By uploading multimedia files (such as photos or videos) to the www.luvoti.com website (or by sending them to email addresses associated with this website), the Buyer grants the Seller an exclusive license to use such files for marketing purposes. This license is granted for an unlimited period of time.

X.

Personal Data 

1. All information that the Buyer provides when cooperating with the Seller is considered confidential and will be treated as such. Unless the Buyer provides the Seller with written consent, the Seller shall not use the Buyer's information for purposes oth er than the performance of the contract, with the exception of email addresses. These may be used for sending commercial messages in accordance with the law, unless expressly refused. Such messages will relate only to similar or related goods and can be unsubscribed from at any time by simple means (sending a letter, email, or clicking a link in the message). The email address will be kept for this purpose for 3 years from the date of the last contract concluded between the parties.
2. More detailed information about personal data protection can be found in the Privacy Policy, which forms an appendix to these Terms and Conditions

XI. 

Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority (Česká obchodní inspekce), located at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform at: https://ec.europa.eu/consumers/odr may also be used to resolve disputes between the Seller and the Buyer.
2. The European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes.
3. The Seller is authorized to sell goods based on a trade license. Trade inspections are carried out by the relevant Trade Licensing Office. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

X.

Final Provisions 

1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic.
   If the contractual relationship includes an international element, the parties agree that the relationship shall be governed by Czech law. This does not affect consumer rights under generally binding legal regulations. 
2. The Seller is not bound by any codes of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.
3. All rights to the Seller's website, especially copyrights to the content, including page layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller's consent.
4. The Seller is not liable for errors resulting from third-party interventions in the online store or from its use contrary to its intended purpose.
   The Buyer may not use any procedures that could negatively affect the operation of the store and may not carry out any activity that could allow unauthorized access or use of the software or other components of the online store.
5. The Buyer assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
6. The purchase agreement, including these terms and conditions, is archived by the Seller in electronic form and is not accessible.
7. The Seller may amend or supplement the wording of the Terms and Conditions. This does not affect rights and obligations arising during the validity of the previous version of the Terms and Conditions.
8. Attached to these Terms and Conditions are the sample Withdrawal Form and Complaint Form. 

These Terms and Conditions shall take effect on January 1, 2025. 

LUVOTI s.r.o.