Article I

General provisions

  1. These terms and conditions (hereinafter referred to as "terms and conditions") govern the rights and obligations of the contracting parties that arose in connection with the conclusion of the contract between the trader and the customer, the subject of which is the delivery of digital content - videos via the trader's website operated on the domain www.lusole .com (hereinafter referred to as the "website").
  2. These terms and conditions are an integral part of the contract specified in Art. 1 paragraph 1 of these terms and conditions (hereinafter referred to as "agreement"). In the event that the trader and the customer enter into a written contract in which they agree on terms different from the terms and conditions, the provisions of this contract will take precedence over the terms and conditions.
  3. These terms and conditions are drawn up in accordance with:
    • Act no. 40/1964 Coll. Civil Code, as amended,
    • Act no. 513/1991 Coll. Commercial Code as amended by later legislation,
    • Act no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended by later legislation,
    • 452/2021 Coll. on electronic communications as amended by later legal regulations,
    • Act no. 391/2015 Coll. on alternative resolution of consumer disputes as amended by later legislation and with other relevant legal regulations.
  4. Legal relations between the merchant and the customer not expressly regulated by these terms and conditions are governed by the relevant provisions of the above-mentioned legal regulations, while the legal relations between the merchant and the ordering consumer are governed by the Civil Code and the Act on Consumer Protection, and the legal relations between the merchant and the ordering entrepreneur are governed by the Commercial the coder.
  5. These terms and conditions are drawn up in the Slovak language. The contract can be concluded in the Slovak language.
  6. The website is intended for persons older than 18 years. Persons under the age of 18 are prohibited from using the website.
  7. By registering on the website or sending the order, whichever occurs first, the customer confirms that he is a person older than 18 years and at the same time gives his consent to these terms and conditions. At the same time, he confirms that he has familiarized himself with all legal documents published on the website.

Article II

Definitions

  1. A merchant is a person who, in connection with a contract, an obligation arising from it, or a business practice, acts within the scope of his business activity or profession, including through another person who acts on his behalf or on his account.
  2. The merchant is the owner of the online store operated on the website www.lusole.com:
    Trade name: LUSOLE, s. r. o.
    reg.: Business Register of the City Court Bratislava III, section Sro., vl. no. 181854/B
    Registered office: Černyševského 1287/10, 851 01 Bratislava, Slovakia
    Company ID: 56530587
    VAT number: SK2122341727
    email: info@lusole.com
  3. The customer is a person who has concluded a contract with a merchant, the subject of which is the delivery of digital content according to the agreed terms, either as a consumer or an entrepreneur.
  4. A consumer is a natural person who, in connection with the consumer contract, the obligations arising from it or in business practice, does not act within the scope of his business activity or profession.
  5. He is an entrepreneur
    • a person registered in the commercial register,
    • a person who does business on the basis of a trade license,
    • a person who does business on the basis of a license other than a trade license according to special regulations,
    • a natural person who carries out agricultural production and is registered in accordance with a special regulation.
  6. Digital content is data that is created and delivered in digital form. For the purposes of these terms and conditions, digital content is considered to be all content in digital form offered by the merchant through this website, in particular videos according to the current offer.
  7. The website is the website located at the address www.lusole.com, through which the contracting parties can conclude the contract.
  8. The supervisory body is:
    Slovak Trade Inspection (SOI)
    SOI Inspectorate for the Bratislava region
    Prievozská 32,
    P.O. Box 5
    820 07 Bratislava 27
    department of supervision
    tel. no.: 02/58272 172, 02/58272 104
    fax no.: 02/58272 170
    website: soi.sk

Article III

User account

  1. The customer accesses the ordered digital content through his user account. You create a user account by filling out the registration form on the website, in which you enter your e-mail and password.
  2. Creating a user account is free.
  3. Only a person over the age of 18 can open a user account. In case of violation of this obligation, the customer is responsible for the damage caused to the provider or a third party.
  4. The customer is obliged to provide true data in the registration form to the extent specified by the merchant. The customer is obliged to update the data in the user account when they change.
  5. Access to the user account is protected by a username and password. The customer is obliged to protect the login data in order to prevent third parties from accessing his user account. The customer is not authorized to make the user account available to third parties.
  6. The customer can delete the user account at any time. However, for this case, he acknowledges that he will no longer have access to the purchased digital content that he was able to view through his user account and all content that he had in the user account will be deleted.
  7. s violated these terms and conditions or the contract has been terminated according to these terms and conditions.

Article IV

Closing of the contract

  1. The merchant publishes an offer of digital content on the website that the customer can order. He can choose from the offered digital content, which presents individual videos with the theme of sex education. The offer contains only a sample of digital content, which is censored due to the content. After purchasing the video, the entire ordered digital content is made available without censorship. The content is intended only for persons over 18 years of age, and therefore the contract cannot be concluded by a younger person.
  2. Publication of an offer is considered a proposal to conclude a contract. An interested party can order digital content by clicking the button below the selected video and placing it in the cart. He then goes to the subpage of the shopping cart, fills in the billing information and payment method and clicks the "Send with payment obligation" button to send the order. Before sending the order, the customer has the opportunity to check and change the data specified in the order.
  3. The order made in this way is binding, while the acceptance of the order by the merchant creates a contract. The trader will confirm the conclusion of the contract by e-mail to the e-mail entered in the order, with the business terms and conditions in pdf format in the valid version attached. The contract concluded in this way is binding, it can be changed or canceled only based on the agreement of both contracting parties or for the reasons stated in these terms and conditions or in the law.
  4. The customer agrees to the use of means of remote communication without the physical presence of the merchant and the customer, especially with the use of the Internet store, electronic mail, telephone, etc. when concluding the contract. The costs for the use of the means of long-distance communication, which arise in connection with the conclusion of the contract, are paid by the customer himself, while these do not differ from the basic rate.

Article V

Price and payment terms

  1. The sales prices of digital content are current and valid on the website. They are listed without value added tax (VAT), as the merchant is not the payer of it. Prices are valid for the time of publication on the website.
  2. Prices are not adjusted to the customer based on automated decision-making.
  3. The price is indicated in the order form just before sending the binding order, and consists of the selling price of all selected products, including all taxes and fees, which the customer must pay to obtain the digital content.
  4. If the merchant provides a discount on the product, he will also state the previous price for the last 30 days. Any discounts provided by the merchant cannot be combined.
  5. The customer is obliged to pay the price agreed in the contract within the due date. The price is considered paid at the time of crediting to the trader's bank account, or the intermediary ensuring the receipt of payment.
  6. It can only be changed based on the agreement of the contracting parties. The customer can pay the price through the online payment gateway by means of a payment card. If it is not paid within 48 hours from the day of sending the order, it is considered that the contracting parties have withdrawn from the contract.
  7. The proof of sale, including the price of the digital content, is the invoice (tax document), which is sent to the customer by email after payment/is accessible for download in the user account.

Article VI

Terms of Delivery

  1. The contracting parties have agreed that the merchant will deliver digital content to the customer without undue delay after payment of the price, within 24 hours at the latest. The digital content will be made available to the customer through his user account.
  2. If the customer does not give consent to the start of delivery of digital content according to Art. XI paragraph 4 of these terms and conditions, the merchant reserves the right not to start delivering digital content before the 14-day withdrawal period has expired. In this case, the digital content will be delivered to the customer without undue delay after the expiry of the 14-day withdrawal period.
  3. Digital content is considered delivered at the moment it is made available in the user account.
  4. Digital content is delivered once, while the customer is entitled to view it repeatedly during the time it is made available in the user account. The merchant undertakes that the purchased digital content will be accessible in the user account for at least 6 months, except in cases where access to the digital content or the user account is suspended, limited or canceled for reasons according to these terms and conditions.
  5. If the trader does not deliver the digital content on time, the customer will provide him with an additional reasonable deadline for performance. If the merchant does not deliver the digital content even within an additional reasonable period, he may withdraw from the contract.
  6. The consumer may withdraw from the contract even without providing an additional reasonable period according to the previous provision, if
    a) the trader declares or it is clear from the circumstances that he will not deliver the digital content, or
    b) it follows from the contract or the circumstances of the conclusion of the contract that timely delivery was important for the consumer.
  7. After withdrawing from the contract according to par. 5 and 6 of this article, the merchant shall return to the customer without undue delay everything he received from him on the basis of the contract.

Article VII

Data on functionality, compatibility and interoperability of digital content

  1. Digital content with regard to its purpose arising from these terms and conditions and information provided on the merchant's website performs the functions as described in these terms and conditions and on the merchant's website. With this in mind, the website is intended for viewing videos and self-education through them.
  2. Digital content is delivered once, while the merchant does not ensure its updating or change.
  3. Digital content is able to work with the hardware and software with which the thing of the same kind is normally used, without the need to change them. Any mobile phone, computer or tablet with an Internet connection and an Internet speed of at least 10 MB/s is recommended for full use of digital content. An internet browser is required within the software. The customer declares that he has familiarized himself with the list of supported devices and software. The merchant does not guarantee the deliverability and usability of digital content on devices and software that are not listed in the list of supported devices and software.
  4. The merchant has adopted the following technical protection measures: ……………………….

Article VIII

Terms of Use

  1. The digital content and website are not intended for persons under the age of 18.
  2. The customer is obliged to proceed in accordance with these terms and conditions and relevant legal regulations when using digital content.
  3. The customer undertakes not to use the digital content in a way that would threaten or violate the rights and legally protected interests of the merchant or third parties.
  4. The customer is not authorized to copy, download, store, upload, create reproductions, lend, rent, sell, make available to third parties or provide, publish, expand, distribute, process, translate, modify or otherwise use the digital content in violation of with these terms and conditions and the purpose of the contract.
  5. The customer is not authorized to store or publish on the website, e.g. through comments, such content that would damage the rights and legally protected interests of the merchant or third parties, such as rights arising from intellectual property, that would violate the law, circumvent the law or be contrary to good morals.
  6. The customer is obliged to observe the principles of good behavior and etiquette. Behavior that is contrary to the law, good morals, is inaccessible, vulgar, inappropriate, violent, deceptive, etc. is prohibited. and the use of vulgar expressions against the merchant, website users or third parties, not only through the website but also outside it.
  7. The customer is obliged to proceed in such a way that there is no unauthorized access to his user account and he is obliged to take all measures to prevent the leakage of login data, otherwise he is responsible for the damage caused to the merchant.
  8. The digital content is made available to the customer via the website, therefore due to service updates, repairs, maintenance and force majeure, there may be a temporary interruption or suspension of the provision of services or the availability of digital content, while the merchant is not responsible for the interruption of the service provision or any loss of data no liability. In the event of a temporary interruption of the provision of services and the availability of digital content for the aforementioned reason, the customer is not entitled to a refund of any part of the price or to any compensation.
  9. The trader has the right to suspend, limit or cancel the provision of services to the customer, the availability of digital content or even access to his user account, if he has reasonable suspicion that the user violates these terms and conditions, violates the law or circumvents it or acts contrary to good morals. In case of suspension, restriction or cancellation of the user account or the provision of services, or the availability of content:
    a) the customer is not entitled to a refund of the price for the digital content, nor its aliquot part, nor any other compensation,
    b) the trader is not obliged to provide the customer with any compensation,
    c) the merchant is not responsible for any deletion or loss of user content stored in his user account.
  10. The merchant is entitled to delete content with which the customer violates the law, circumvents the law, is contrary to good morals, or damages the merchant or a third party.

Article IX

Withdrawal from the contract

When does the consumer have the right to withdraw from the contract
  1. Withdrawal from the contract by the customer, who is a consumer, is governed by the relevant provisions of the Act on Consumer Protection. Withdrawal from the contract by the customer, who is an entrepreneur, is governed by the relevant provisions of the Commercial Code, while the provisions of this article do not apply to him.
  2. According to the law, the consumer has the right to withdraw from a contract concluded at a distance or from a contract concluded outside the merchant's premises, even without giving a reason, within 14 days from the date of conclusion of the contract for the supply of digital content, which the merchant delivers on a non-physical medium.
    3. When the consumer does not have the right to withdraw from the contract
  3. The consumer acknowledges that, apart from other cases established by law, in this case he does not have the right to withdraw from the contract without giving a reason within 14 days, as long as the subject of the contract is the delivery of digital content, which the trader delivers in a different way than on a physical medium, if
    a) delivery of digital content has begun and
    b) the consumer gave explicit consent to the start of the delivery of digital content before the expiry of the period for withdrawal from the contract, declared that he was properly informed that by expressing consent he loses the right to withdraw from the contract by starting the delivery of digital content, and the trader provided the consumer with a confirmation according to § 17 para. 12 letters b) or par. 13 letters b) of the Act, if according to the contract the consumer is obliged to pay the price.
  4. If the customer wants the content to be made available to him before the expiration of the 14-day period for performance, he shall give the merchant consent to start its delivery and at the same time declare that he has been informed that by granting consent he loses the right to withdraw from the contract. If he does not give his consent, the customer reserves the right to make the content available only after the 14-day withdrawal period has expired.
    5. Instruction on granting consent
  5. Before the expiration of the withdrawal period, the consumer may give the merchant consent to the delivery of digital content. By giving this consent, the consumer loses the right to withdraw from the contract.
  6. The consumer can provide this consent when sending the order, or after it in another suitable way.
    7. How can the consumer exercise the right to withdraw from the contract
  7. If, in accordance with these terms and conditions and the law, the consumer has the right to withdraw from the contract, he can exercise it in one of the following ways:
    a) by sending a notice in writing to the trader's registered office,
    b) by electronic mail by sending a notification to the email info@lusole.com.
  8. He can use the model form for withdrawing from the contract.
  9. For timely withdrawal from the contract, the consumer must send a notice of withdrawal from the contract no later than the last day of the deadline.
  10. The consumer can withdraw only in relation to specific digital content, if the trader has provided several of them based on the contract.
  11. In the event of withdrawal from the contract, every supplementary contract is also cancelled, this does not apply if the contracting parties expressly agree on the duration of the supplementary contract.
  12. If the subject of the contract is the provision of digital content and the consumer has given explicit consent to the delivery prior to its delivery, the consumer is obliged to pay the merchant the price for the actually provided performance. This is calculated proportionally on the basis of the total price agreed in the contract, or based on the market price, if it was overvalued in the contract.

Article X

Obligations of the merchant upon withdrawal from the contract

  1. If the consumer withdraws in accordance with the law and these terms and conditions, the trader is obliged to return all payments received from him on the basis of or in connection with the contract, or part of it if the consumer has not withdrawn from the entire contract.
  2. The merchant will return the payments to the consumer in the same way that the consumer used to pay them, unless otherwise agreed.

Article XI

Withdrawal from the contract by the trader

  1. The merchant has the right to withdraw from the contract if he is unable to deliver digital content to the customer properly and on time, especially for technical reasons. The customer will be informed about the cancellation of the order by phone or e-mail, and in case of payment of the price or part of it, the funds will be returned to him within 14 days to the account specified by him, unless otherwise agreed with the merchant.

Article XII

Dispute resolution

  1. Legal relations that arise between the merchant and the customer in connection with the use of the online store and the conclusion of the contractual relationship are governed by the legal order of the Slovak Republic.
  2. The participants of this legal relationship have agreed that in the event of a dispute, jurisdiction is given to the courts of the Slovak Republic.
  3. In the event of a dispute between the merchant and the consumer, the consumer is entitled to contact the merchant with a request for redress, if the consumer is not satisfied with the way the complaint was handled or if he believes that the merchant has violated his rights. A request for correction can be sent by e-mail to info@lusole.com or by mail to the merchant's address. If the merchant answered the request in the negative or did not respond to it within 30 days from the day it was sent, the consumer has the right to submit a proposal to start an alternative dispute resolution to one of the alternative dispute resolution entities.
  4. The consumer can submit a proposal for the initiation of alternative dispute resolution to the relevant entity of alternative dispute resolution, which is the Slovak Trade Inspection (www.soi.sk).
  5. The consumer can also file a complaint through the alternative dispute resolution platform RSO, operated by the EU. A complaint can be filed by filling out the online form at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SKThe consumer has the right to choose among the subjects of alternative dispute resolution.
  6. The resolution of disputes by some of the subjects of alternative dispute resolution can only be requested by the consumer, while it only concerns disputes arising from consumer contracts concluded at a distance.

Article XIII

The merchant's responsibility for defects and complaint conditions

  1. The merchant's responsibility for defects and the conditions for the application and processing of the complaint are governed by the relevant provisions of the complaint procedure adopted by the merchant and published on the lusole.com website.

Article XIV

Validity of the contract

  1. The contract, the subject of which is the provision of digital content, is concluded for an indefinite period. The customer is entitled to view the purchased digital content for the period of its publication.
  2. The contract expires:
    a) by agreement of the contracting parties,
    b) termination,
    c) by deleting the user account.
  3. The customer can delete the user account at any time, which terminates this contract. He can also terminate the contract at any time by sending a notification to the trader's email, following which the trader will delete the user account within 7 days and the contract will expire.
  4. The merchant is entitled to terminate the contract in the cases established by these terms and conditions or the law, especially, but not exclusively, if the customer
    a) violated these terms and conditions, the law, or acted contrary to good morals, or in a manner that may cause harm to the merchant or any third party,
    b) violated the merchant's copyright,
    c) violated the terms of use of the website,
    d) uses this website or digital content in a way that contradicts these terms and conditions, is contrary to good morals, is capable of harming the merchant or any third party. In case of reasonable suspicion of violation of these terms and conditions or the law, actions contrary to good morals or actions that could cause harm, the customer is entitled to immediately suspend the provision of digital content to the customer until the notice period expires. The notice period is 24 hours, and it begins to run from the day the notice of termination is sent. After it expires, the user account will be deleted.
  5. After the termination of the contract, the customer is not entitled to a refund of the paid price of the digital content, not even an aliquot part of it, except in cases where the Consumer Protection Act directly grants him this right.

Article XV

Privacy

  1. The personal data of the customer is processed by the merchant in accordance with Regulation of the European Parliament and Council No. 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR") and Act No. 18/2018 Coll. on the protection of personal data (hereinafter referred to as the "Act on Personal Data Protection").
  2. The terms of personal data processing by the merchant are specified on the lusole.com website in the Personal Data Protection section.

Article XVI

Copyright

  1. To the owner of the website, digital content and all content, including all videos, texts, images, recordings, etc. (hereinafter referred to as "content"), which is located on it, is a merchant. This content is protected on the basis of Act No. 185/2015 Coll. copyright law.
  2. By concluding the contract, the merchant provides the customer with a non-exclusive, non-transferable and time-limited license for the use of digital content for the duration of the contract. With the termination of the contract, this license also expires, whereby the customer loses the right to use the digital content. The merchant is entitled to cancel the license even earlier, before the contract expires, if the customer has violated the copyright of the merchant or these terms and conditions.
  3. The customer may use the digital content only for purposes according to these terms and conditions for his own use for the duration of the contract. Any other use of the digital content is prohibited. In particular, the customer is not authorized to download, store, copy, create reproductions, upload, lend, rent, sell, make available to third parties or provide them, publish, expand, distribute, process, translate, edit, incorporate into another work or otherwise use contrary to these terms and conditions and the purpose of the contract.
  4. Any use of the content contrary to these terms and conditions constitutes a copyright infringement within the meaning of the Copyright Act, which has civil and criminal consequences.
  5. The content created by the customer in connection with the use of the website is his property. The merchant bears no responsibility for this content towards the customer or any other third party.

Article XVII

Final provisions

  1. These terms and conditions apply as stated on the lusole.com website on the day the order is sent, or registration, unless the contracting parties agree otherwise.
  2. The merchant reserves the right to change these terms and conditions at any time, if this is required by a change in business policy or applicable legislation.
  3. These terms and conditions are drawn up by the Lanikova Group, s.r.o. law firm. for the operator of the online store, while they are protected in accordance with Act 185/2015 Coll. Copyright Act as amended by later legislation. Without the consent of the author, it is forbidden to use this author's work in any way, in particular, but not exclusively, to copy, publish, change, modify, expand and otherwise abuse.
  4. These terms and conditions become valid and effective on May 1st 2024.