I.  GENERAL BUSINESS TERMS AND CONDITIONS

OVERVIEW

This website is operated by LC Tools. Throughout the site, the terms „Seller“, “we”, “us” and “our” refer to LC Tools. LC Tools offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“General business terms and conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Presta Shop. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these General business terms and conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3 - POSTAGE & DELIVERY

Postage fee refers to the selected type of delivery and the weight of the consignment. Prices of individual products are quoted below each product. By adding further goods to the shopping bag, the total price is recalculated considering the current weight of the selected products.

SECTION 4 - PERSONAL PICKUP

Personal pickup is possible at the address of LC Tools s.r.o. Zikmunda Wintra 7, Plzen 301 00, Czech Republic, Europe. It is necessary to arrange personal pickup in advance, by phone or in another way! Tick „Personal Pickup“ when placing your order.

SECTION 5 – COMPLAINTS

Complaints will be processed in conformity with the terms and conditions of lucyclaytools.com online store and the valid legal regulations for contractual issues.

SECTION 6  -  RETURNS

The Buyer has the right to return any ordered item within 14 days after the date of receipt of the goods (according to paragraph 6, amendment of Civil Code no.367/2000 under the following conditions: the returned goods in original conditions, without any signs of wear and tear, in the original packaging with all labels and accessories, must be sent back to the Seller´s address. The date of dispatch is determining. The goods cannot be returned in cash on delivery. The Seller refunds the purchase price to the Buyer in the way arranged beforehand as soon after the returned goods are verified by the Seller. The costs relating to the dispatch of the goods are non-refundable.

If all the above-mentioned conditions are observed, money will be returned back to a buyer, except for transportation costs and manipulation fees, within 30 days from the acceptance of goods. In case of not observing the above-mentioned conditions, Seller cannot accept the withdrawal from the contract and goods will be sent back to a sender with all cost.

Returns procedure

1) The Buyer shall inform us about any potential complaints by e-mail.

2) The Buyer shall send us an email with a description of the detected troubles and photos at support@lucyclaystore.com. The letter must comprise the Buyer´s name, address, telephone number, e-mail address, the number of the order, detailed description of the trouble and proposal how to resolve the incurred situation. In all events, a copy of the invoice, a document of the payment and the delivery of claimed goods are indispensable.

3) The Buyer is obliged to check the integrity of packaging of the goods when receiving the parcel from the carrier. In case the package is damaged the Buyer may refuse to accept the package from the carrier. Should any difficulties arise, the Buyer is obliged to inform both the carrier and the Seller without delay, but at the latest within two working days after receipt of the goods.

4) LC Tools shall inform the Buyer about the procedure of handling the complaint in three working days after receipt of the complaint.

5) LC Tools is not responsible for damage resulting from unskilled manipulation or for damage caused by negative externalities.

SECTION 7 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 8 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 9 - PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 10 – ORDERS

The buyer has right to cancel the order for any reason before binding confirmation by LC Tools. After binding confirmation of order only in the case that the seller doesn’t meet the delivery conditions. In case of cancelation of confirmed order, a buyer is obliged to pay LC Tools compensation of damage caused by such behavior.

Seller has right to cancel the order in case it is no longer possible to deliver the goods or replace it with another one, Seller is obliged to inform a buyer urgently. In case a buyer has already made a payment of a proportion or a whole price and Seller is incapable to assure a supply of ordered goods, Seller must return the whole sum received to date without delay.

A purchase price of goods is considered to be paid after having the whole amount on Seller’s bank account or paying in cash to a driver on delivery.

The invoice stands also as a delivery note. A buyer can take goods after paying the whole amount unless agreed otherwise.

SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

SECTION 12 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 13 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 14 - THE PROCESSING OF PERSONAL DATA

On the basis of our trade co-operation (i.e. by placing an order in our e-shop) you give your consent to the company (LC Tools, s.r.o.), POBox 20 318 00 Plzeň Česká Republika, registered address at Skvrnany, Pechackova 952/24, PSČ 318 00, company number: 01876864 (hereinafter “ LC Tools, we”) to the processing of your personal data in the following scope:

Your personal data, which the company LC Tools has collected within the implementation of the supplier-purchaser relationship between you - and the company LC Tools - supplier, the subject of which is the sale of tools for creative work, magazines, PDF files or courses. It deals particularly of personal data described in points a – f specified below. This data will be used for the defined purposes.

a.          name and surname;

b.          date of birth;

c.           residential address, or contact address;

d.          email address;

e.          telephone number;

f.           IP address.

Your personal data will be processed for these purposes:

•           marketing purposes of LC Tools, i.e. mainly offering products and services; sending information about events, products, services and other activities (e.g. in the form of sending newsletters); contact for the purpose of market survey and marketing research; contacting in order to send feast day greeting, sending discount vouchers, and others.

•           personal data analyses of the customers of LC Tools allowing to address particular customers or particular groups of customers directly.

As a data controller, we will process your personal data on the basis of this consent within the above-defined scope and for the above-mentioned purposes in manual written as well as electronic form using automated systems by means of their own employees or personal data processors, i.e. the subjects charged by LC Tools to perform individual processing activities (marketing or advertising agencies) in compliance with relevant legal regulations and to protect personal data by means of concluding personal data processing agreements.

The consent to process personal data under the defined terms is given for the whole duration of the supplier-purchaser relationship between you and LC Tools as follows:

a) online store orders: during the warranty period of the bought products + 6 months (i.e. no more than 30 months)

b) newsletters: for an indefinite duration until a customer unsubscribes from the mailing list (each newsletter includes an unsubscribe link).

Giving consent to the processing of personal data is entirely voluntary and it is not conditional upon other performance required from you by LC Tools within the supplier-purchaser relationship. You can withdraw this consent anytime by sending your withdrawal to the email address support@lucyclaystore.com

Your personal data was provided voluntarily in the above-defined scope. You, as a data subject, have the rights under relevant legal regulations. As a subject providing consent to the processing of personal data you are entitled to:

1. require access to your personal data and information about its provision and processing (e.g. scope, purpose, time to process) including the right to be given a copy of the processed data from the company LC Tools;

2. withdraw the written consent anytime;

3. ask us in writing to delete your personal data (particularly in case when you withdraw your consent with the processing of personal data and the data is no more needed for the purpose it was collected or otherwise processed); you have the right to “be forgotten” if your personal data was published in the internet environment (i.e. deletion of all references to your personal data, its copy or replication);

4. if you learn or if you are convinced that we process your personal data out of keeping with the protection of private and personal life, law or regulation, particularly if the personal data is inaccurate with respect to the purpose of its processing, you are allowed to do the following upon written request:

    • raise an objection against processing,
    • ask the company LC Tools for the explanation,
    • require the elimination of such conditions from LC Tools, i.e. mainly to block, to make a correction, to fill in or to delete personal data,
    • lodge a complaint with a supervisory authority, i.e. Personal Data Protection Authority.

You give your consent also to sending commercial communication via electronic means pursuant to article 7 of Act no. 480/2004 Coll. on certain information society services, as subsequently amended, i.e. consent to send commercial communication via all electronic means to your electronic contact that the company LC Tools collected within your supplier-purchaser relationship or in another legitimate way.

SECTION 15 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

Any use of our products in another way other than it is specified on our website is performed at your own risk and peril. LC Tools is not responsible for the damage caused by such uses.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be secure or error-free.

In no case shall LC Tools, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless LC Tools and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Products or Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Products (or any part thereof).

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the Czech Republic.

SECTION 23 - CHANGES TO TERMS

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms should be sent to us at support@lucyclay.com 


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