ver. 1.1 – Last updated: 12. 1. 2021
BUSINESS TERMS AND CONDITIONS of Leitners Watch s.r.o., Company identification No.: 09218548, company with the registered office at Zvonarka 408/16, Trnita, Brno, PSČ 602 00, Czech Republic, Europe, incorporated in the Companies Register kept by the Regional Court in Brno, Section C, Insert 117878, of 3rd June 2020 for selling goods and services through the website at https://www.leitners.watch
1.1 These Business Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Leitners Watch s.r.o., Company identification No.: 09218548, company with the registered office at Zvonarka 408/16, Trnita, Brno, PSČ 602 00, Czech Republic, Europe, incorporated in the Companies Register kept by the Regional Court in Brno, Section C, Insert 117878, of 3rd June 2020 (hereinafter referred to as “LEITNERS”), in accordance with the provision of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, Czech Republic (hereinafter referred to as “the Civil Code”), define the mutual rights and obligations of the Parties established by or in relation to the Project (hereinafter referred to as “the Agreement”) entered into by LEITNERS and another natural person (hereinafter referred to as “the Backer”) through the webpage operated by the LEITNERS. The webpage is operated by LEITNERS at a website placed at https://www.leitners.watch (hereinafter referred to as “the Website”), using the website interface (hereinafter referred to as “Web Interface”).
1.2 The Terms and Conditions do not apply to cases when a person intending to buy goods from the LEITNERS is a person that orders the goods within the scope of their business activities or as a part of carrying out their professional activities.
1.3 Provisions different from those specified in the Terms and Conditions may be stipulated. Any divergent provisions specified in contracts shall prevail over the provisions set forth in the Terms and Conditions. The provisions of the Terms and Conditions form an integral part of the Agreement.
1.4 LEITNERS may change or amend the wording of the Terms and Conditions. The above clause shall not affect any rights or obligations that came into existence during the term of any previous version of the Terms and Conditions.
2.1 The Project is LEITNERS´ original idea, invention and creation of AD MAIORA classic design hybrid smart watches witch automatic movement combined with smart technologies optimized by a full-dial e-ink display. The Project is the continuation of successfully terminated crowd-funding campaign on Kickstarter: https://www.kickstarter.com/projects/leitners/leitners-hybrid-smartwatch-the-future-of-automatic-watches. Resulting from significant amount of public inquiries LEITNERS decided to extend the opportunity to participate on the Project through LEITNERS Website. Any person providing funds or resources through the Website or Web Interface helps to bring the Project and connected ideas to life. In exchange Backers receive a limited opportunity of purchase presented goods and services on favourable conditions (discounts, presents, delivery, additional features,…).
2.2 Backers hereby consider and take into account that any amount paid to finance the Project does not mean purchase of the goods, services. Backing up helps LEITNERS to create and fund the Project and does not mean ordering any existing goods or services. Any amount paid to the LEITNERS through the Web Interface is considered a payment on the Project and the person subject to the payment as the Backer. Upon transferring stipulated amount Backer proposes an offer to enter into Agreement with LEITNERS and forming a contract. Contract is a legal agreement between LEITNERS and Backers which mainly consists of the following obligations:
2.3 Backers take into account the good and services presented on the Website or Web Interface are not existing products and services. Any presentation of goods and services placed on the Website or Web Interface is of informative nature.
2.4 LEITNERS shall not be obliged to enter into any agreement (nor Agreement). Presentation of goods and services or other related information is not considered as an offer nor a commitment to enter into any agreement (or Agreement).
2.5 Backers take into considerations all relevant information particularly, but not limited to the information provided on the Website or Web Interface and through the Project information on: https://www.kickstarter.com/projects/leitners/leitners-hybrid-smartwatch-the-future-of-automatic-watches . Backers note every project (also the Project in question) has a margin or possibility of an error to occur. Even with the creator´s (LEITNERS´) best effort the Project may not be finished on schedule or work out the way expected by the Backer. In case of occurrence of an event or an obstacle that may cause change or delay or prevent LEITNERS from being able to finish the Project LEITNERS shall inform the Backer without undue delay. The Website and the Web Interface may provide information on the Project including information on the Project state, updates, communication, and other relevant information related to the Project. All related information may also be provided by.
2.6 LEITNERS are bound to act in a good will; use their knowledge, skill and resources and use high standard of effort to complete the Project and fulfill their rewards. If LEITNERS are unable to complete the Project or encounter a possibility of fail to deliver to the expectations, they must make every reasonable effort to find another way of bringing the Project to the best possible conclusion for Backers. LEITNERS in this position has only remedied the situation and met their obligations to the Backers and are relived from any other legal remedy if:
2.7 Prior to sending information or any amount to LEITNERS, Backers shall be allowed to check and edit any information entered in the contract (Agreement) and to identify and correct any mistakes that may have occurred when entering the information in the offer. By clicking the “PLACE ORDER” button, the Backer shall send the information and/or any amount to the LEITNERS. Any information provided by the Backer will be considered correct by LEITNERS.
2.8 Sending any amount shall be considered an act of the Backer that unequivocally identifies the subject matter, Project, the Backer, LEITNERS, payment method, and shall represent a binding Agreement draft for the parties. For the offer to be valid, all the required information need to be filled in the form; the Backer shall acknowledge they have read and agree to the Terms and Conditions on the Website and/or Web Interface.
2.9 Immediately after receiving the payment, LEITNERS shall confirm to the Backer by sending an electronic message to the Backer’s email address provided (hereinafter referred to as “the Backer’s Email Address”).
2.10 LEITNERS shall always be entitled to ask Backers for subsequent confirmation (e.g. in writing or by phone).
2.11 The contractual relationship between LEITNERS and the Backer is established by delivering the Acceptance, sent by LEITNERS to the Backer by email sent to the Backer’s Email Address.
2.12 The Backer agrees with the use of remote communication when concluding the Agreement. Any costs incurred by the Backer when using remote communication in relation to the conclusion of the Agreement (internet connection or telephone calls costs) shall be paid by the Backer; these costs shall not differ from the base rate.
3.1 Any amount can be paid by credit card, debit card, bank transfer, or PayPal, and LEITNERS shall not acknowledge Backers until LEITNERS receive the validation and the confirmation of the payment.
3.2 Altogether with the amount, the Backer is obliged to pay any stipulated costs related to goods handling and delivery. The Backer is also obligated to inform himself/herself about possible customs duties relevant to their country. These customs duties are not included in the final price of the.
3.3 In the event of a non-cash payment, the Backer´s obligation to pay is fulfilled upon the respective amount being credited to the LEITNERS´ Account.
3.4 Discounts on goods/services prices granted to the Backer by LEITNERS, if any, shall not be combined.
3.5 If it is a common business practice or if required by generally binding legal regulations, LEITERS shall issue a tax document (invoice) for payments made under the Agreement. LEITNERS is a value-added tax payer. The tax document – invoice – shall be issued by LEITNERS to the Backer after delivery of the goods is made; the LEITNERS shall send the invoice in electronic form to the Backer’s Email Address.
4.1 The Backer acknowledges that pursuant to the provision of the Agreement and Terms and Conditions, the Backer shall not be entitled, among other things, to withdraw from the Agreement except:
4.1.1The Backer is entitled to withdraw from the Agreement within fourteen (14) days after the offer acceptance by LEITNERS (after the Agreement is formed). The notice on withdrawal from the Agreement shall be received by LEITNERS before the deadline specified in the previous clause.
4.2. LEITNERS is entitled to withdraw from the Agreement anytime before the goods are accepted by the Backer.
4.3 The Backer may send the Agreement withdrawal notice to the address of the business premises or the registered address of the LEITNERS address Zvonarka 408/16, Trnita, Brno, PSČ 602 00, Czech Republic, Europe or scanned by email to support@leitners.. The delivery of the withdrawal notice shall be governed by the provision of Article 9 hereof.
4.4 In the event of withdrawal from the Agreement under Article of the Terms and Conditions, the Agreement shall become null and void. In that case any received goods shall be returned to LEITNERS within fourteen (14) days after the Agreement withdrawal to address: Zvonarka 408/16, Trnita, Brno, PSČ 602 00, Czech Republic, Europe. If the Backer withdraws from the Agreement, the Backer shall bear any costs related to returning the goods to LEITNERS. Goods have to be returned clean, undamaged and unused, in order for the money to be refunded to the customer.
4.5 In the event of withdrawal from the Agreement under Article of the Terms and Conditions, LEITNERS shall refund the money accepted from the Backer within fourteen (14) days after the Agreement withdrawal by the Backer, in the same way as the money was accepted by LEITNERS from the Backer. Furthermore, LEITNERS is entitled to refund any performance provided by the Backer, upon the goods return by the Backer or in another way, provided that the Backer agrees and no additional costs are incurred by the Backer.
4.6 LEITNERS is entitled to set off the right to compensation for any incurred damage against the Backer’s claim to receive a refund of the purchase price.
4.7 If the Backer receives a gift together with the goods, the gift contract between LEITNERS and the Backer shall include a cancellation clause stating that in the event of the Agreement withdrawal by the Backer the gift contract on such a gift ceases to be effective and the Backer is obliged to return the gift together with the goods to LEITNERS.
5.1 If the method of transport is agreed on the basis of the Backer´s request, the Backer shall bear the risk and any additional costs related to the selected transportation method.
5.2 If LEITNERS is obliged to deliver goods to a place specified by the Backer in the Agreement, the Backer is obliged to take over the goods at the time of delivery.
5.3 If it is necessary to deliver the goods repeatedly or by other means of delivery than specified in the offer for reasons on the Backer´s part, the Backer is obliged to bear all the cost of such repeated deliveries or for the cost related to another method of delivery.
5.4 Upon goods acceptance from the carrier, the Backer is obliged to check the integrity of the packaging, and in the event of any defects, report such defects to the carrier without delay. If the integrity of the packaging is broken and shows signs of unauthorised entry or opening, the Backer is not obliged to accept the shipment from the carrier.
5.5 A package returned to the storehouse as undelivered will be stored there for 6 months – then the order will be cancelled.
6.1. LEITNERS is not bound by any codes of conduct in relation to the Backer as specified in the provision of Section 1826(1)(e) of the Civil Code nor any other consumer rights.
6.2 The Backer hereby assumes the risk of any change of circumstances.
6.3 Any out-of-court claims shall be solved by LEITNERS through email@example.com. Information about the Backer’s claim settlement shall be sent by LEITNERS to the email address of the Backer.
6.4 Any consumer claims follow supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, falls within the scope of the Czech Trade Inspection Authority.
7.1 Personal data protection of a Backer who is a natural person is governed by General Data Protection Regulation, Regulation No.2016/679 on Personal Data Protection, as amended. Personal data protection is supervised by the Office for Personal Data Protection.
7.2 The Backer agrees that the following personal data are processed and used: name and surname, permanent address, company identification number, tax identification number, email address, telephone number, (hereinafter jointly referred to as “Personal Data”).
7.3 The Backer agrees and is aware that LEITNERS shall process the Personal Data for the purpose of exercising rights and obligations resulting from the Agreement and for the purpose of the User Account administration. Unless the Backer selects a different option, the Backer agrees that LEITNERS shall process the Personal Data also for the purpose of sending information and commercial messages to the Backer. Within the scope of this Article, the consent to processing Personal Data shall not represent a requisite that might in itself prevent the conclusion of the Agreement.
7.4 The Backer is aware of the obligation to provide Personal Data (during registration, for the User Account and when placing orders via the Web Interface) and to provide correct and accurate Personal Data and to inform LEITNERS about any changes in the Personal Data without undue delay.
7.5 LEITNERS may appoint a third party to process the Backer’s Personal Data. Including persons transporting the goods, Personal Data shall be disclosed by LEITNERS to any third parties without a prior consent of the Backer if necessary.
7.6 Personal Data shall be processed for a definite period of time. LEITNERS is obliged to erase any Personal Data provided 3 years after the termination of the contract (Agreement). Personal Data shall be processed in electronic form using an automated process, or manually in paper form.
7.7 The Backer confirms that the provided Personal Data are accurate and that the Backer is aware of the fact that the data were provided voluntarily.
7.7 The Backer confirms that the provided Personal Data are accurate and that the Backer is aware of the fact that the data were provided voluntarily.
7.8 Should the Backer feel that LEITNERS or the person processing the data processes the Personal Data contrary to rules describing protection of private and personal life of the Backer, or contrary to the law, or if the provided Personal Data are inaccurate with regard to the processing purposes, the Backer is entitled to:
7.8.1. Request that LEITNERS or the person processing the data provides an explanation;
7.8.2. Request that LEITNERS or the person processing the data redresses the situation.
7.9. If the Backer requests information about the processing of the Personal Data, LEITNERS is obliged to provide the Backer with such information. LEITNERS is entitled to request reasonable compensation for the information provided under the previous clause; however, such compensation shall not exceed the costs required for providing the relevant information.
7.10. Upon request, administrator is obliged to remove the Personal Data that is collected about the person requesting their removal. This does not apply if the administrator is required by law to store this Data.
8.1 The Backer consents to receiving information related to goods, services or business of LEITNERS to the Backer’s Email Address and further consents to receiving commercial messages send by LEITNERS to the Backer’s Email Address.
8.2 The Backer consents to saving cookies in the Backer´s computer. If the legal act through the website may be executed and the obligations arising out of the Agreement may be met without saving cookies in the Backer’s computer, the consent under the previous clause may be revoked any time.
9.1 If the relationship established by the Agreement includes an international (foreign) element, the Parties stipulate that such relationship shall be governed by Czech law.
9.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, a new provision shall be applied instead of the invalid provision, having the meaning as close as possible to the meaning of the original and invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Any changes or amendments to the Agreement or to Terms and Conditions shall be made in writing.
9.3 Contracts, agreements and the Terms and Conditions are archived by LEITNERS in electronic form and are not accessible.
9.4 LEITNERS´ Contact Information: Delivery address at Zvonarka 408/16, Trnita, Brno, PSČ 602 00, Czech Republic, Europe, email: firstname.lastname@example.org.
Rostislav Slovak, CEO at Leitners Watch