MYLUVISH.COM  ·  ONLINE STORE

General Terms and Conditions

Drawn up in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended, and applicable European Union consumer-protection law.

1. IDENTIFICATION DETAILS OF THE SELLER

The seller is (the “Seller”):

Company:  Tenalgo s.r.o.

Registered seat:  Nováčkova 696/66, Husovice, 614 00 Brno, Czech Republic

Company ID:  045 53 349

VAT ID:  CZ04553349 (the Seller is a VAT payer)

Commercial Register: maintained by the Regional Court in Brno, File No. C 90586

E-mail:  support@myluvish.com

Website:  www.myluvish.com

Contact address for correspondence, complaints and returns of goods:

Address:  Hodzova 20, 921 01 Piestany, Slovak Republic

Telephone:  +421 950 881 280

2. INTRODUCTORY PROVISIONS

2.1. These terms and conditions (the “Terms and Conditions”) of the Seller govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (the “Purchase Contract”) concluded between the Seller and another natural person (the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at www.myluvish.com (the “Website”), via the website interface (the “Store Web Interface”).

2.2. The online store offers and delivers goods exclusively to consumers residing in selected Member States of the European Union, as specified in the Store Web Interface. All prices are quoted, and all payments are made, exclusively in euros (EUR). It is not possible to purchase goods in any other currency.

2.3. 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 acting, when ordering goods, within the scope of their business activity or their independent exercise of a profession. The online store is intended solely for consumers (B2C), and the Seller reserves the right not to allow purchases to be made by entrepreneurs.

2.4. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract prevail over the provisions of the Terms and Conditions.

2.5. 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 English language, and the Purchase Contract may be concluded in the English language.

2.6. Nothing in these Terms and Conditions affects the mandatory rights that the Buyer, as a consumer, enjoys under the law of the country of their habitual residence and which cannot be derogated from by agreement. Where such mandatory rules afford the consumer greater protection than these Terms and Conditions, those rules prevail.

2.7. The Seller may amend or supplement the wording of the Terms and Conditions. This is without prejudice to the rights and obligations that arose during the period of effect of the previous wording. The version of the Terms and Conditions applicable to a given Order is the version in force at the time the Order is sent.

3. USER ACCOUNT

3.1. On the basis of the Buyer’s registration on the Website, the Buyer may access their user interface, from which the Buyer may order goods (the “User Account”). Where the Store Web Interface permits, the Buyer may also order goods without registration, directly from the Store Web Interface.

3.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully, and to update it upon any change. The information provided by the Buyer in the User Account and when ordering goods is deemed correct by the Seller.

3.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

3.4. The Buyer is not entitled to allow third parties to use the User Account.

3.5. The Seller may cancel the User Account, in particular where the Buyer does not use it for a longer period, or where the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).

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

4. CONCLUSION OF THE PURCHASE CONTRACT

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

4.2. The Store Web Interface contains information about the goods, including the prices of individual goods and the cost of returning the goods where, by their nature, they cannot be returned by ordinary postal route. The prices of goods are stated inclusive of value added tax (VAT) and all related charges; where goods are dispatched to another Member State of the European Union, VAT is applied in accordance with applicable EU VAT rules. The prices remain valid for as long as they are displayed in the Store Web Interface. The prices are not adapted to the individual Buyer on the basis of automated decision-making. This does not limit the Seller’s ability to conclude a Purchase Contract on individually agreed terms.

4.3. The Store Web Interface also contains information on the costs associated with packaging and delivery of goods and on the method and time of delivery. Where the Seller offers free delivery, the Buyer’s entitlement to free delivery is conditional upon payment of the minimum total purchase price set out in the Store Web Interface. Where the Buyer partially withdraws from the Purchase Contract and the total purchase price of the goods not affected by the withdrawal does not reach that minimum amount, the entitlement to free delivery ceases and the Buyer is obliged to pay the Seller for delivery.

4.4. To order goods, the Buyer completes the order form in the Store Web Interface. The order form contains, in particular, information on: (a) the goods ordered, which the Buyer places into the electronic shopping cart; (b) the method of payment of the purchase price and the required method of delivery; and (c) the costs associated with delivery of the goods (together, the “Order”).

4.5. Before sending the Order, the Buyer is allowed to check and change the input data entered, including to detect and correct errors. The Buyer sends the Order by clicking the button marked “Pay”; the Buyer acknowledges that activating this button entails an obligation to pay. The data stated in the Order are deemed correct by the Seller. Immediately upon receipt of the Order, the Seller confirms such receipt to the Buyer by e-mail sent to the Buyer’s e-mail address stated in the User Account or in the Order (the “Buyer’s Electronic Address”).

4.6. The Seller is entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated delivery costs), to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

4.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by e-mail to the Buyer’s Electronic Address.

4.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. Costs incurred by the Buyer when using such means (internet connection, telephone calls) are borne by the Buyer and do not differ from the basic rate.

4.9. The Seller reserves the right to refuse an Order, in particular due to goods being sold out.

5. PRICE OF GOODS AND PAYMENT TERMS

5.1. All prices and payments are exclusively in euros (EUR).

5.2. The Buyer may pay the price of the goods and any costs associated with delivery under the Purchase Contract to the Seller by the following cashless methods:

• by payment card via the Shopify Payments payment gateway;

• by payment card via the Stripe payment gateway;

• via Apple Pay;

• via Google Pay;

• by other methods offered in the online store at the given time.

5.3. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with delivery.

5.4. The Seller does not require any deposit or other similar payment from the Buyer. This is without prejudice to the obligation to pay the purchase price in advance under Article 5.5.

5.5. The purchase price is payable upon conclusion of the Purchase Contract. In the case of cashless payment, the Buyer’s obligation to pay is fulfilled at the moment the relevant amount is credited to the Seller’s account or confirmed by the relevant payment gateway. The Seller is entitled to require payment of the full purchase price before the goods are dispatched to the Buyer.

5.6. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with one another.

5.7. Where usual in commercial dealings or required by generally binding legal regulations, the Seller shall issue a tax document – invoice – to the Buyer in respect of payments made under the Purchase Contract. The Seller shall issue the tax document – invoice – after payment of the price of the goods and shall send it in electronic form to the Buyer’s Electronic Address.

6. WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1. The Buyer, as a consumer, has the right to withdraw from the Purchase Contract without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days from the day on which the Buyer, or a third party designated by the Buyer other than the carrier, takes over the goods, or takes over:

• the last item of goods, where the Buyer orders several items within a single Order that are delivered separately;

• the last item or part of a delivery of goods consisting of several items or parts; or

• the first delivery of goods, where the contract provides for the regular delivery of goods over an agreed period.

6.2. The Buyer acknowledges that, in accordance with Section 1837 of the Civil Code and Article 16 of Directive 2011/83/EU, it is not possible, among others, to withdraw from a Purchase Contract for the supply of:

• goods manufactured according to the Buyer’s requirements or adapted to their personal needs;

• goods subject to rapid decay or with a short shelf life, as well as goods that, after delivery, have by their nature been irreversibly mixed with other goods;

• goods in sealed packaging which, for reasons of health protection or hygiene, are not suitable for return after the Buyer has broken the seal; and

• sound or visual recordings, or a computer program, in sealed packaging, if the Buyer has broken the seal.

6.3. To exercise the right of withdrawal, the Buyer must send an unequivocal statement of withdrawal to the Seller within the period referred to in Article 6.1 (for example, a letter sent by post or an e-mail to the Seller’s contact address or e-mail address). The Buyer may, but is not obliged to, use the model withdrawal form provided by the Seller.

[ Link to be inserted – dedicated withdrawal page / model withdrawal form: {{WITHDRAWAL_FORM_URL}} ]

6.4. Upon withdrawal, the Purchase Contract is cancelled from the outset. The Buyer shall send or hand over the goods to the Seller without undue delay, and no later than fourteen (14) days from the withdrawal, unless the Seller has offered to collect the goods itself. The deadline is met if the Buyer dispatches the goods before its expiry. The Buyer bears the direct costs of returning the goods to the Seller, including where the goods cannot, by their nature, be returned by ordinary postal route.

6.5. Upon withdrawal under Article 6.1, the Seller shall return all funds received from the Buyer, including delivery costs (up to the amount corresponding to the least expensive standard method of delivery offered by the Seller), within fourteen (14) days of the withdrawal, using the same means of payment used to receive them, unless the Buyer expressly agrees otherwise and provided no additional costs are incurred by the Buyer. The Seller is not obliged to return the funds before it receives the goods or before the Buyer proves that the goods have been sent back, whichever occurs first.

6.6. The Buyer is liable to the Seller for any diminution in the value of the goods resulting from handling them in a manner other than what is necessary to ascertain their nature, characteristics and functioning. The Seller is entitled to unilaterally set off its claim for compensation for such diminution or for damage caused to the goods against the Buyer’s claim for the return of the purchase price.

6.7. Until the Buyer takes over the goods, the Seller is also entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account designated by the Buyer.

6.8. Where 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 in respect of such gift ceases to be effective and the Buyer is obliged to return the gift together with the goods.

7. CARRIAGE AND DELIVERY OF GOODS

7.1. The Seller delivers goods to the Member States of the European Union served by the Seller, as specified in the Store Web Interface. The available carriers, delivery methods, delivery times and delivery charges applicable to each destination country are set out in the Store Web Interface.

[ Section to be completed by the Seller – carriers and shipping charges per country: {{SHIPPING_CARRIERS_AND_RATES}} ]

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

7.3. Where, 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 over the goods upon delivery.

7.4. Where, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or by a method other than that stated in the Order, the Buyer is obliged to pay the costs associated with such repeated or alternative delivery.

7.5. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier without delay. Where a breach of the packaging indicating unauthorised entry into the shipment is found, the Buyer need not take over the shipment. This is without prejudice to the Buyer’s rights arising from liability for defects and other rights under generally binding legal regulations.

8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE (LEGAL GUARANTEE OF CONFORMITY)

8.1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the relevant 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, as amended, which transpose Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods.

8.2. The Seller is liable to the Buyer that the goods are free from defects upon takeover. In particular, the Seller is liable that the goods:

• correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility and other agreed characteristics;

• are fit for the purpose for which the Buyer requires them and with which the Seller has agreed; and

• are supplied with the agreed accessories and instructions for use, including assembly or installation instructions.

8.3. In addition to the agreed characteristics, the Seller is liable that the goods:

• are fit for the purpose for which goods of the same type are usually used;

• correspond, in quantity, quality and other characteristics – including durability, functionality, compatibility and safety – to the usual characteristics of goods of the same type which the Buyer may reasonably expect, including with regard to public statements made by the Seller or another person in the same contractual chain, in particular by advertising or labelling;

• are supplied with the accessories, including packaging and instructions for use, which the Buyer may reasonably expect; and

• correspond in quality or design to the sample or model provided by the Seller to the Buyer before conclusion of the Purchase Contract.

8.4. Article 8.3 does not apply where the Seller specifically informed the Buyer, before conclusion of the Purchase Contract, that a particular characteristic of the goods differs, and the Buyer expressly agreed to this when concluding the Purchase Contract.

8.5. Where a defect becomes apparent within one (1) year of takeover, the goods are deemed to have been defective already upon takeover, unless the nature of the goods or of the defect precludes this. This period does not run for the period during which the Buyer cannot use the goods, where the Buyer has duly notified the defect.

8.6. The Buyer may notify a defect that becomes apparent on the goods within two (2) years of takeover. Where the Buyer has duly notified a defect, the period for notifying defects does not run for the period during which the Buyer cannot use the goods.

8.7. Where the goods have a defect, the Buyer may require its remedy and may, at their choice, require the delivery of new goods free from defects or the repair of the goods, unless the chosen method is impossible or disproportionately costly compared with the other; this is assessed in particular with regard to the significance of the defect, the value the goods would have without the defect, and whether the defect can be remedied by the other method without significant difficulties for the Buyer. The Seller may refuse to remedy the defect where doing so is impossible or disproportionately costly.

8.8. The Seller shall remedy the defect within a reasonable time after it has been notified, so as not to cause significant difficulties to the Buyer, taking into account the nature of the goods and the purpose for which the Buyer purchased them. To remedy the defect, the Seller shall take over the goods at its own expense.

8.9. The Buyer may require a reasonable discount or may withdraw from the Purchase Contract where:

• the Seller has refused to remedy the defect or has failed to remedy it in accordance with Article 8.8;

• the defect manifests itself repeatedly;

• the defect constitutes a material breach of the Purchase Contract; or

• 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 difficulties for the Buyer.

8.10. Where the defect is insignificant, the Buyer may not withdraw from the Purchase Contract; a defect is deemed not to be insignificant. Where the Buyer withdraws, the Seller shall return the purchase price without undue delay after receiving the goods or after the Buyer proves that the goods have been sent.

8.11. Rights arising from defective performance are exercised by the Buyer at the Seller’s contact address, Hodzova 20, 921 01 Piestany, Slovak Republic, by telephone at +421 950 881 280, or by e-mail at support@myluvish.com. The Buyer who has a right arising from defective performance is also entitled to reimbursement of the costs reasonably incurred in exercising this right.

8.12. Upon exercising a complaint, the Seller shall issue to the Buyer a written confirmation stating the date on which the complaint was exercised, its content, the method of settlement required by the Buyer, and the Buyer’s contact details. The complaint, including the remedy of the defect, must be settled, and the Buyer informed thereof, no later than thirty (30) days from the day the complaint was exercised, unless the parties agree on a longer period. The Seller shall issue a confirmation of the date and manner of settlement of the complaint, or a written justification for its rejection.

8.13. The Seller or another person may provide the Buyer, beyond their statutory rights arising from defective performance, with a guarantee of quality.

9. OTHER RIGHTS AND OBLIGATIONS; DISPUTE RESOLUTION

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

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

9.3. The Seller handles consumer complaints via e-mail sent to the Seller’s e-mail address. The Seller shall send information on the settlement of the Buyer’s complaint to the Buyer’s Electronic Address. No other rules for handling complaints have been established by the Seller.

9.4. Out-of-court settlement of consumer disputes. The body competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract is the Czech Trade Inspection Authority (Ceska obchodni inspekce), with its registered office at Stepanska 567/15, 120 00 Prague 2, Czech Republic, website: www.coi.cz. A Buyer who is a consumer resident in another Member State of the European Union may alternatively turn to the alternative dispute resolution (ADR) entity competent in their country of residence. Free assistance in cross-border disputes is provided by the European Consumer Centres Network (ECC-Net); the contact point for the Czech Republic is the European Consumer Centre Czech Republic, Stepanska 567/15, 120 00 Prague 2, website: www.evropskyspotrebitel.cz.

9.5. The Buyer may also lodge a complaint with the competent supervisory or state-oversight authority. The Seller is authorised to sell goods on the basis of a trade licence; trade-licence inspection is carried out, within its remit, by the competent trade-licensing authority. Oversight in the area of consumer protection is exercised, to a defined extent, by the Czech Trade Inspection Authority.

10. PROTECTION OF PERSONAL DATA

10.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 (the “GDPR”), in connection with the processing of the Buyer’s personal data for the purposes of performing the Purchase Contract, negotiating the Purchase Contract and fulfilling the Seller’s public-law obligations, by means of a separate document, the Privacy Policy.

[ Link to be inserted – Privacy Policy: {{PRIVACY_POLICY_URL}} ]

11. COMMERCIAL COMMUNICATIONS AND COOKIES

11.1. The Seller sends commercial communications to the Buyer’s electronic address or telephone number only in accordance with applicable legal regulations, in particular where the Buyer has given consent or where the statutory conditions for sending are otherwise met. The Seller fulfils its related information obligation under Article 13 of the GDPR by means of the separate Privacy Policy.

11.2. The Seller fulfils its legal obligations relating to the possible storage of cookies on the Buyer’s device by means of a separate document, the Cookie Policy.

[ Link to be inserted – Cookie Policy: {{COOKIE_POLICY_URL}} ]

12. DELIVERY OF COMMUNICATIONS

12.1. Communications may be delivered to the Buyer at the Buyer’s Electronic 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 this choice of law, a Buyer who is a consumer is not deprived of the protection afforded to them by the provisions of the legal order that cannot be derogated from by agreement and which would, in the absence of a choice of law, otherwise apply under Article 6(1) of Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I).

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

13.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to third parties. These Terms and Conditions are accessible to the Buyer on the Website and are provided to the Buyer, together with the confirmation of the Order, in a form that allows their storage and reproduction.

13.4. Contact details of the Seller:

Address for correspondence and returns:  Hodzova 20, 921 01 Piestany, Slovak Republic

E-mail:  support@myluvish.com

Telephone:  +421 950 881 280

13.5. These Terms and Conditions are effective as of 5th of June 2026.