Terms and Conditions

of the company Lada Vyvialova Creative Platform s.r.o., with its registered office at Boženy Němcové 1238, 742 58 Příbor, Company ID No. 01984691, VAT No. CZ01984691, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 75102, for the sale of goods via the online shop located at the internet address ladavyvialova.cz.

1. Introductory provisions

1.1. These terms and conditions (hereinafter the “Terms and Conditions”) of the company Lada Vyvialova Creative Platform s.r.o. (hereinafter the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (občanský zákoník), as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller's online shop. The online shop is operated on the website ladavyvialova.cz (hereinafter the “Website”) through the interface of the Website (hereinafter the “Shop Web Interface”).

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person who, when ordering goods, acts in the course of their business activity or in the course of their independent exercise of a profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language and the Purchase Contract may be concluded in the Czech language. The English and Polish versions of the Website and of the Terms and Conditions are translations provided for the Buyer's convenience; in the event of any discrepancy, the Czech version prevails. This is without prejudice to the rights of a Buyer who is a consumer that are conferred on them by the laws of the state of their residence from which no contractual derogation is permitted.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the period of effect of the previous wording of the Terms and Conditions.

2. User account

2.1. On the basis of the Buyer's registration on the Website, the Buyer may access their user interface and order goods from it (hereinafter the “User Account”). The Buyer may also order goods without registration directly from the Shop Web Interface.

2.2. When registering and when ordering goods, the Buyer is obliged to state all data correctly and truthfully and to update it whenever it changes. The data stated by the Buyer is deemed correct by the Seller.

2.3. Access to the User Account is secured by a login code sent to the Buyer's email or, where applicable, by a password. The Buyer is obliged to keep the information necessary for access to their account confidential and is not entitled to allow third parties to use it.

2.4. The Seller may cancel the User Account, in particular if the Buyer has not used it for more than 12 months or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).

2.5. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the hardware and software equipment of the Seller or of third parties.

3. Conclusion of the Purchase Contract

3.1. All presentation of goods in the Shop Web Interface is of an informative nature and the Seller is not obliged to conclude a Purchase Contract in respect of such goods. Section 1732(2) of the Civil Code does not apply.

3.2. The Shop Web Interface contains information on the goods, including the prices and the costs of returning the goods where, by their nature, the goods cannot be returned by the usual postal route. The prices of the goods are stated inclusive of value added tax and all related charges, in the currency of the selected offer (for the Czech Republic in Czech crowns). The prices remain valid for as long as they are displayed in the Shop Web Interface. This does not limit the Seller's ability to conclude a Purchase Contract on individually agreed terms.

3.3. The Shop Web Interface also contains information on the costs associated with the packaging and delivery of the goods and on the method and time of delivery. This information applies only to delivery to the countries offered as available at the checkout; the current list of countries, delivery methods and their prices are given on the Delivery and payment page and at the checkout before the order is completed.

3.4. For goods marked “made to order” (whether sewn or manufactured to order), the Seller makes the standard size and colour from the range only after the Purchase Contract has been concluded; such goods are not goods adjusted to the Buyer's wishes. Alteration of goods to the Buyer's individual requirements (for example, a change of length or a made-to-measure cut) is possible only on the basis of a separate agreement, and the Buyer is expressly informed of this before the contract is concluded (see Article 5.1). Goods marked “on request” may be ordered only after individual confirmation of availability, delivery time and price.

3.5. To order goods, the Buyer completes the order form in the Shop Web Interface (the checkout). The order contains, in particular, information on the goods ordered, the method of payment of the purchase price, the requested method of delivery and the costs associated with the delivery of the goods (hereinafter collectively the “Order”).

3.6. Before sending the Order, the Buyer is able to check and change the data entered in the Order. The Buyer sends the Order to the Seller by clicking the button for completing the Order, the label of which expressly states that the Order entails an obligation to pay. The data stated in the Order is deemed correct by the Seller. Immediately after receiving the Order, the Seller confirms its receipt to the Buyer by email to the address stated in the User Account or in the Order (hereinafter the “Buyer's email address”).

3.7. Depending on the nature of the Order (quantity of goods, amount of the purchase price, anticipated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order.

3.8. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order, which the Seller sends to the Buyer by email to the Buyer's email address.

3.9. The Buyer agrees to the use of means of distance communication in concluding the Purchase Contract. The costs incurred by the Buyer in using means of distance communication (internet connection costs) are borne by the Buyer; these costs do not differ from the basic rate.

4. Price of goods and payment terms

4.1. The Buyer pays the price of the goods and the costs associated with the delivery of the goods under the Purchase Contract to the Seller by cashless payment by payment card online via the Shopify Payments payment gateway at the checkout of the Shop Web Interface, or by other payment methods offered at the checkout (for example Apple Pay). Cash on delivery is not offered. Where the goods are collected in person at the Seller's business premises, payment may be made by payment card or in cash by prior arrangement.

4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price hereinafter also includes the costs associated with the delivery of the goods.

4.3. The purchase price is payable upon completion of the Order. The Seller does not require any other deposit or similar payment. The goods are dispatched or made only once the purchase price has been credited; for made-to-order goods, the delivery period runs from the date of payment.

4.4. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with one another unless stated otherwise.

4.5. The Seller is a payer of value added tax. The Seller issues a tax document – an invoice – to the Buyer after payment of the price of the goods and sends it in electronic form to the Buyer's email address.

5. Withdrawal from the Purchase Contract

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from, among other contracts, a purchase contract for the supply of goods made to the Buyer's specifications or adapted to the Buyer's personal needs (for example, a garment altered to measure under Article 3.4). By contrast, the right to withdraw from the contract does apply to goods made to order in a standard size and colour from the range.

5.2. Unless it is a case referred to in Article 5.1 or another case in which withdrawal from the Purchase Contract is not possible, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods; where the Purchase Contract covers several types of goods or the delivery of several parts, the period runs from the date of receipt of the last delivery of goods. The withdrawal must be sent to the Seller within this period. The Buyer may use the model form annexed to these Terms and Conditions or the procedure described on the Returns and complaints page. The withdrawal may be sent to the address of the Seller's business premises or to the email address atelier@ladavyvialova.cz. The Seller will confirm receipt of the withdrawal to the Buyer by email without delay.

5.3. In the event of withdrawal from the Purchase Contract under Article 5.2, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs of returning the goods to the Seller, including where the goods cannot, by their nature, be returned by the usual postal route.

5.4. In the event of withdrawal under Article 5.2, the Seller will refund the funds received from the Buyer within fourteen (14) days of the withdrawal, using the same method by which they were received; if the Order was paid for in whole or in part with a gift card, the corresponding part is refunded to that gift card. The Seller is not obliged to refund the funds received before the Buyer returns the goods or proves that the goods have been dispatched.

5.5. The Buyer is liable to the Seller for any reduction in the value of the goods resulting from the goods being handled in a manner other than is necessary to become acquainted with their nature, characteristics and functionality. The Seller is entitled to unilaterally set off its claim for compensation for the damage so caused against the Buyer's claim for a refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods have been received by the Buyer. In such a case, the Seller will refund the purchase price to the Buyer without undue delay, using the same method by which it was received.

5.7. If a gift is provided to the Buyer together with the goods, the gift contract is concluded subject to the condition subsequent that, if the Buyer withdraws from the Purchase Contract, the gift contract ceases to have effect and the Buyer is obliged to return the gift provided together with the goods.

6. Transport and delivery of goods

6.1. The Seller delivers goods to the countries offered as available at the checkout. The delivery methods, their prices and the indicative delivery times are stated on the Delivery and payment page and at the checkout before the Order is completed. The Seller dispatches in-stock goods within 3 working days of payment; made-to-order goods are delivered within 14 working days of payment, unless stated otherwise for the goods in question.

6.2. Where the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with that method of transport.

6.3. If, under the Purchase Contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery. If, for reasons on the Buyer's part, the goods have to be delivered repeatedly or in a manner other than that stated in the Order, the Buyer is obliged to pay the costs associated therewith.

6.4. Upon receiving the goods from the carrier, the Buyer is obliged to check that the packaging is intact and, in the event of any defects, to notify the carrier without delay. If the packaging is damaged in a way that indicates unauthorised tampering with the consignment, the Buyer need not accept the consignment. This is without prejudice to the Buyer's rights arising from defective performance.

6.5. Collection of the goods in person at the Seller's business premises in Příbor is possible by prior arrangement at atelier@ladavyvialova.cz.

7. Rights arising from defective performance

7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection (zákon o ochraně spotřebitele), as amended).

7.2. The Seller is liable to the Buyer for the goods being free from defects upon receipt. In particular, the Seller is liable for the goods conforming to the agreed description, type and quantity, quality and other agreed characteristics, being fit for the purpose for which the Buyer requires them and to which the Seller has agreed, and being delivered with the agreed accessories and instructions for use, including care instructions.

7.3. If a defect becomes apparent within twelve (12) months of receipt, the goods are deemed to have been defective upon receipt, unless the nature of the goods or of the defect precludes this.

7.4. The Buyer may notify a defect that becomes apparent in the goods within a period of two (2) years of receipt. If the Buyer has notified a defect legitimately, this period does not run for the time during which the Buyer is unable to use the goods.

7.5. Article 7.2 does not apply to goods sold at a lower price in respect of the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, or to defects caused by incorrect care contrary to the instructions on the label or in the care instructions. The Buyer is not entitled to rights arising from defective performance if the Buyer caused the defect themselves.

7.6. If the goods have a defect, the Buyer may demand that it be remedied, at the Buyer's choice, either by the delivery of new goods free from defects or by repair, unless the chosen method is impossible or disproportionately costly compared with the other. The Seller will remedy the defect within a reasonable time after it has been notified. The Buyer may demand a reasonable discount or withdraw from the contract if the Seller has refused to remedy the defect or has failed to remedy it, if the defect recurs, if the defect constitutes a material breach of contract, or if it is apparent from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

7.7. The Buyer exercises rights arising from defective performance with the Seller electronically at atelier@ladavyvialova.cz (stating the order number, a description of the defect and a photograph) or in person at the business premises at Boženy Němcové 1238, 742 58 Příbor by prior arrangement. The Seller will issue the Buyer with written confirmation that the complaint has been lodged (date, content, requested method of settlement and contact details) and, once the complaint has been settled, confirmation of the date and method of settlement or, where applicable, written reasons for its rejection.

7.8. A complaint, including the remedying of the defect, must be settled and the Buyer informed thereof no later than thirty (30) days from the date on which the complaint was lodged, unless the Seller and the Buyer agree on a longer period. If this period expires without result, the Buyer may withdraw from the contract or demand a reasonable discount.

7.9. The Buyer informs the Seller which right they have chosen when notifying the defect or without undue delay after notifying the defect. The Buyer may not change the choice made without the Seller's consent; this does not apply if the Buyer requested the repair of a defect that proves to be irreparable.

8. Other rights and obligations of the contracting parties

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.

8.3. Consumer complaints are handled by the Seller via the email address atelier@ladavyvialova.cz. The Seller sends information on the outcome of the complaint to the Buyer's email address.

8.4. The Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 796/44, 110 00 Prague 1, Company ID No. 000 20 869, website https://adr.coi.cz, is competent for the out-of-court resolution of consumer disputes arising from the Purchase Contract. The Buyer may also contact the European Consumer Centre Czech Republic, Štěpánská 796/44, 110 00 Prague 1, https://www.evropskyspotrebitel.cz, which assists in the resolution of cross-border consumer disputes.

8.5. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing inspections are carried out, within the scope of its competence, by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). The Czech Trade Inspection Authority supervises, within a defined scope, compliance with, among others, Act No. 634/1992 Coll., on Consumer Protection.

8.6. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Protection of personal data

9.1. Information on the processing of the Buyer's personal data within the meaning of Article 13 of Regulation (EU) 2016/679 (GDPR) is provided by the Seller in a separate document, the Privacy Policy, available on the Website.

10. Commercial communications and cookies

10.1. The Seller sends commercial communications (news and offers) to the Buyer's email address only with the Buyer's consent or – in the case of a customer who has made a purchase from the Seller – on the basis of Section 7(3) of Act No. 480/2004 Coll., on Certain Information Society Services (zákon o některých službách informační společnosti), and the Buyer may refuse such communications at any time via the link in every message or at atelier@ladavyvialova.cz.

10.2. The Website uses cookies. Necessary cookies are required for the shop to function; the other categories (preference, analytical, marketing) are stored only with the Buyer's consent given in the Cookie settings dialogue, where the choice can be changed at any time. Details are available on the Cookies page.

11. Gift cards

11.1. The Seller offers electronic gift cards in the values stated in the Shop Web Interface. After payment, the gift card is delivered as a code to the Buyer's email address; it is not sent by post.

11.2. The gift card may be redeemed as a method of payment at the checkout of the Shop Web Interface for the entire range, including gradually over several purchases until its value has been used up. If the price of the purchase exceeds the balance of the gift card, the Buyer pays the difference by another method of payment. By prior arrangement at atelier@ladavyvialova.cz, the gift card may also be redeemed when purchasing in person at the Seller's business premises in Příbor.

11.3. The validity of the gift card is not limited in time. The gift card cannot be exchanged for cash or used to purchase another gift card. The value of the gift card is expressed in Czech crowns.

11.4. The Buyer may withdraw from a purchase contract for the supply of a gift card in accordance with Article 5, provided that the gift card, or any part of it, has not yet been redeemed.

12. Service of documents

12.1. Documents may be served on the Buyer at the Buyer's email address.

13. Final provisions

13.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By the choice of law under the preceding sentence, a Buyer who is a consumer is not deprived of the protection afforded to them by provisions of law from which no contractual derogation is permitted and which would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I).

13.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

13.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible; the Buyer receives it in the order confirmation.

13.4. The model form for withdrawal from the Purchase Contract forms an annex to the Terms and Conditions.

13.5. Contact details of the Seller: postal address Lada Vyvialova Creative Platform s.r.o., Boženy Němcové 1238, 742 58 Příbor; email address atelier@ladavyvialova.cz.

These Terms and Conditions take effect on 28 September 2026 and replace the version dated 1 July 2023.

Lada Vyvialova Creative Platform s.r.o., Managing Director Lada Tomečková Vyvialová

Annex: Model form for withdrawal from the Purchase Contract

(complete and return this form only if you wish to withdraw from the contract)

To: Lada Vyvialova Creative Platform s.r.o., Boženy Němcové 1238, 742 58 Příbor, atelier@ladavyvialova.cz

I hereby give notice that I withdraw from the contract of purchase of the following goods: …………
Order number: ………… · Date of order / date of receipt: …………
Name and surname of the consumer: ………… · Address of the consumer: …………
Date: ………… · Signature (only if this form is sent in paper form): …………