Return policy
of the merchant when concluding a contract through the website www.lusole.com

Article I

Introductory Provisions

  1. This complaint procedure governs the rights and obligations of the contracting parties and the conditions for the application and processing of complaints resulting from the contract concluded between the merchant and the consumer, the subject of which is the delivery of digital content - videos via the merchant‘s website operated on the domain www.lusole.com (from now on referred to as " Web page").
  2. This complaint procedure does not apply to the exercise of rights arising from liability for defects by a non-consumer.
  3. 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").
  4. This complaint procedure is drawn up in accordance with: • Act no. 40/1964 Coll. Civil Code, as amended,
  5. Legal relations between the merchant and the ordering consumer regarding liability for defects not expressly regulated by this complaint procedure are governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
  6. The responsibility for the merchant‘s defects related to the contract concluded with the consumer, who is an entrepreneur, is governed by the relevant provisions of Act no. 513/1991 Coll. – Commercial Code as amended by later legislation.
  7. This complaint procedure is drawn up in the Slovak language.
  8. By sending the order, the consumer confirms that they have thoroughly familiarized themselves with the complaint procedure and understood its content.

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 the merchant's behalf or the merchant's 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 consumer 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 does not act within the scope of their business activity or profession in connection with the consumer contract, the obligations arising from it or in business practice.
  5. They are an entrepreneur
    - a person registered in the commercial register,
    - a person who does business based on a trade license,
    - a person who does business based on 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 created and delivered in digital form. For these terms and conditions, digital content is considered all content in the digital form offered by the merchant through this website, particularly videos, according to the current offer.
  7. The website is located at 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.: +4212/58272 172, +4212/58272 104
    fax no.: 02/58272 170
    website: soi.sk

Article III

Requirements for digital content

  1. The merchant undertakes that the digital content will comply with the agreed-upon general requirements. This does not apply to the case where the merchant has expressly informed the consumer that a certain feature of the digital content does not comply with the general requirements, and the consumer has explicitly and specifically agreed to the nonconformity.
  2. The digital content is in accordance with the agreed requirements, if in particular
    a) corresponds to the description, quantity and quality defined in the contract,
    b) is suitable for a specific purpose, with which the consumer informed the merchant at the latest when concluding the contract and with which the merchant agreed,
    c) is characterized by the functionality, compatibility, interoperability and other agreed features defined in the contract,
    d) is delivered with all accessories defined in the contract,
    e) is delivered with assistance services and instructions for use, including installation instructions, as defined in the contract.
  3. The digital content complies with the general requirements if
    a) is suitable for the purposes for which digital content of the same type is usually used, taking into account particular legal regulations, technical standards or codes of conduct applicable to the relevant industry if technical standards have not been developed,
    b) corresponds to a trial version or sample of digital content that the merchant made available to the consumer before concluding the contract,
    c) is delivered with accessories and instructions that the consumer can reasonably expect,
    d) is supplied in quantities, features and performance, including functionality, compatibility, accessibility, continuity and security, which are typical for digital content of the same kind and which the consumer can reasonably expect given the nature of the digital content and taking into account any public statement of the merchant, or another person in the same supply chain or on their behalf, in particular when promoting or labelling digital content.
  4. The merchant is not bound by the declaration according to paragraph 3 letter d) if, for a justified reason, they were not and could not have been aware of the public statement by the time the contract was concluded, the public statement had been corrected in the same or comparable manner as it was announced, or the consumer's decision to conclude the contract could not have been influenced by the public statement; the merchant bears the burden of proof of these facts.
  5. Digital content is delivered once, while the merchant does not ensure its updating or change. The consumer can use it as long as it is made available in the user account, at least for six months.

Article IV

Liability for defects

  1. The merchant takes responsibility for any defects in the digital content at the time of delivery, regardless of whether it is delivered once or as a set of individual deliveries if these defects manifest within two years of delivery.
  2. The merchant is responsible for a defect that was caused by the incorrect connection of digital content with the components of the consumer's digital environment or the integration of digital content into the components of the consumer's digital environment (hereinafter referred to as "integration") if
    a) the integration was carried out by the merchant or on his responsibility or
    b) the integration that the consumer should have carried out was carried out incorrectly by the consumer due to deficiencies in the integration instructions provided by the merchant.
  3. The digital environment is the hardware, software and any network connection the consumer uses to access or enjoy digital content.
  4. The merchant is not responsible for a defect in digital content that:
    a) is caused by an incorrect procedure when installing, downloading or using digital content contrary to the merchant's instructions,
    b) is caused by the fact that, from a content point of view, the digital content does not correspond to the consumer's ideas as long as it is properly delivered in accordance with the general and agreed conditions specified by the merchant.

Article V

Claim application

  1. According to Art. IV para. 1 of this complaint procedure, the consumer can complain about the digital content within the period by sending a notification to the email info@lusole.com. He can also use the complaint protocol published on the merchant's website.
  2. The merchant shall immediately confirm receipt of the complaint in writing, indicating the deadline for removing the defect. This period may not be longer than 30 days from the day the defect was pointed out unless the more extended period is justified by objective reasons beyond the merchant's control.
  3. If the merchant refuses responsibility for defects, they must notify the reasons for the refusal in writing.

Article VI

Burden of proof

  1. The merchant bears the burden of proof that the digital content was delivered in accordance with the general and agreed requirements.
  2. If a defect appears within one year after the delivery of digital content, which is delivered once or as a set of individual deliveries, the merchant bears the burden of proof that the digital content did not have this defect at the time of delivery.
  3. If the digital content is delivered continuously during the agreed period, the merchant bears the burden of proof that it is free of defects during that period.
  4. According to paragraphs 2 and 3 of this article, the merchant does not bear the burden of proof if they prove that the consumer's digital environment is not compatible with the technical requirements of the digital content and if the merchant informs the consumer of them clearly and understandably before concluding the contract.
  5. The consumer is obliged to provide the merchant with the appropriate cooperation necessary to determine whether the reason for the defect in the digital content is in the consumer's digital environment while limiting himself to technically available means that least burden the consumer. As the merchant informs the consumer in a clear and comprehensible manner before the conclusion of the contract of the obligation to provide cooperation, if the consumer does not give collaboration to exercise rights from liability for defects, the consumer must prove that the digital content had a defect at the time of delivery, if it is digital content that is supplied once.

Article VII

Claims from an applied claim

  1. If the merchant is responsible for a defect in the digital content, the consumer has the right to remove the defect, the right to an adequate price discount or the right to withdraw from the contract.
  2. The consumer can exercise rights from liability for defects even without reproaching them.
  3. After pointing out a defect to the merchant, the consumer may refuse to pay the price or part of it until the merchant fulfils their obligations arising from liability for defects unless the consumer is in arrears with the payment of the price or part of it at the time of pointing out the defect. The consumer shall pay the price without undue delay after the merchant has fulfilled their obligations.
  4. The consumer is entitled to compensation for the necessary costs incurred in exercising the right from liability for defects. This right must be exercised by one month after the expiry of the warranty period; otherwise, it will expire.
  5. Exercising the right from liability for defects does not affect the right to compensation for damage.

    6. Defect removal

  6. The merchant shall remove the defect of the digital content within a reasonable period after the consumer complained of the defect, free of charge and without causing serious difficulties to the consumer, taking into account the nature of the digital content and the purpose for which the consumer requested the digital content.
  7. The merchant may refuse to remove the defect if removal is not possible or if it would cause them disproportionate costs, taking into account all the circumstances, especially the value that the digital content would have without the defect and the severity of the defect.

    8. Price discount

  8. The consumer is entitled to a reasonable discount from the price if the digital content is provided in exchange for consideration, which consists of paying the price, or may withdraw from the contract without providing an additional reasonable period if
    a) removal of the defect is not possible or would cause unreasonable costs to the merchant,
    b) the merchant did not remove the defect according to par. 6,
    c) the digital content has the same defect despite the merchant's efforts to remove the defect,
    d) the defect is of such a serious nature that it justifies the consumer's right to an immediate price discount or withdrawal from the contract or
    e) the merchant has declared, or it is clear from the circumstances, that they will not remove the defect within a reasonable period or without causing serious difficulties for the consumer.
  9. The price discount must be proportionate to the difference between the value of the digital content and the value that the digital content would have if it were free of defects. If the digital content is delivered during the agreed time, the consumer is entitled to a price discount only for the time during which the digital content did not meet the requirements.
  10. If the consumer does not expressly agree to another payment method, the merchant shall pay the consumer a price discount within 14 days of exercising the consumer's right to a price discount in the same way the consumer used to pay the price. The merchant bears all costs associated with payment.
  11. If the digital content is delivered for consideration, which consists of paying a price, the consumer cannot withdraw from the contract if the defect is negligible. The merchant bears the burden of proof that the defect is negligible.

    12. Withdrawal from the contract

  12. After withdrawal from the contract, the merchant shall return to the consumer all payments received under the contract within 14 days of notification of withdrawal from the contract in the same way that the consumer used to pay the price unless the consumer expressly agrees to another payment method. The merchant bears all costs associated with the return.
  13. The consumer is not obliged to pay the price for the time before withdrawing from the contract during which the digital content did not meet the general and agreed-upon requirements.
  14. After withdrawing from the contract, the consumer is obliged to refrain from using digital content.
  15. After withdrawing from the contract, the merchant can prevent the consumer from using the digital content further, in particular, by denying them access to the digital content or canceling their user account.

Article VIII

Final Provisions

  1. This complaint procedure is drawn up by the law firm Lanikova Group, s.r.o. for the merchant, while it is protected in accordance with Act 185/2015 Coll. – copyright Act as amended by later legislation. Without the author's consent, 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.
  2. This complaint procedure becomes valid and effective on May 1st 2024.