TERMS AND CONDITIONS

Seller: Matěj Lorenc (sole proprietor)
Registered office: Vojanova 6, 779 00, Olomouc
Company ID No.: 23192071

for the sale of goods via the online store located at:
https://www.roztomilelampicky.cz

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (the “Terms and Conditions”) of the company , with its registered office at , Company ID No.: , registered in the Commercial Register maintained by , Section , Insert (the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (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”) via the Seller’s online store. The online store is operated by the Seller on the website at (the “Website”) through the web interface of the Website (the “E-shop 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 person or a person acting when ordering goods within the scope of their business activity or within the scope of their independent profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Any such deviating provisions in the Purchase Contract shall prevail over the provisions of these 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. The Purchase Contract may be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (the “User Account”). If the E-shop Interface allows it, the Buyer may also order goods without registration directly via the E-shop Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful data. The Buyer is obliged to update the data in the User Account whenever it changes. The data provided by the Buyer in the User Account and when ordering goods is deemed correct by the Seller.

2.3. 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.

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

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

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

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentations of goods placed in the E-shop Interface are of an informative nature and the Seller is not obliged to conclude a Purchase Contract for such goods. Section 1732(2) of the Civil Code shall not apply.

3.2. The E-shop Interface contains information about goods, including the prices of individual goods. The prices of goods are stated inclusive of value added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the E-shop Interface. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed terms.

3.3. The E-shop Interface also contains information on the costs associated with packaging and delivery of goods. The information on the costs associated with packaging and delivery of goods stated in the E-shop Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer completes the order form in the E-shop Interface. The order form contains, in particular, information about:
3.4.1. the goods being ordered (the Buyer “adds” the ordered goods to the electronic shopping cart in the E-shop Interface),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods, and
3.4.3. information on the costs associated with delivery of the goods (collectively, the “Order”).

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data they have entered in the Order, including with regard to the Buyer’s ability to detect and correct errors made when entering data in the Order. The Buyer sends the Order to the Seller by clicking the “ ” button. The data stated in the Order is deemed correct by the Seller.

3.6. Sending the Order is considered to be such an act of the Buyer that unmistakably identifies the ordered goods, the purchase price, the Buyer, the method of payment of the purchase price, and constitutes a binding proposal for the Purchase Contract for the parties. A condition for the validity of the Order is the completion of all mandatory data in the order form, familiarization with these Terms and Conditions on the Website, and the Buyer’s confirmation that they have read these Terms and Conditions.

3.7. The Seller shall promptly confirm receipt of the Order to the Buyer by e-mail to the Buyer’s e-mail address specified in the User Account or in the Order (the “Buyer’s E-mail Address”).

3.8. Depending on the nature of the Order (quantity of goods, amount of the purchase price, anticipated transport costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer (for example, in writing or by telephone).

3.9. The proposal for the Purchase Contract in the form of the Order is valid for fifteen days.

3.10. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s E-mail Address.

3.11. If the Seller cannot meet any of the requirements stated in the Order, the Seller shall send the Buyer a modified offer to the Buyer’s E-mail Address, indicating possible variants of the Order, and request the Buyer’s position.

3.12. The modified offer is considered a new proposal for the Purchase Contract, and the Purchase Contract is then concluded upon the Buyer’s acceptance by e-mail.

3.13. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) are borne by the Buyer, and these do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:

4.1.2. in cash on delivery at the place specified by the Buyer in the Order;
4.1.3. cashless by bank transfer to the Seller’s account No. , maintained with (the “Seller’s Account”);
4.1.4. cashless via a payment gateway/system;

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

4.3. The Seller does not require an advance payment or any similar payment from the Buyer. This is without prejudice to Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within days from the conclusion of the Purchase Contract.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s Account.

4.6. The Seller is entitled, especially if the Buyer does not subsequently confirm the Order (Art. 3.6), to demand payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined.

4.8. If customary in business or if required by generally binding legal regulations, the Seller shall issue a tax document – invoice – to the Buyer for payments made under the Purchase Contract. The Seller is a VAT payer. The Seller shall issue the tax document – invoice – to the Buyer after the price of the goods has been paid and shall send it in electronic form to the Buyer’s E-mail 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, inter alia, to withdraw from a Purchase Contract:

5.1.1. for the supply of goods the price of which depends on fluctuations of the financial market independent of the Seller’s will and which may occur during the withdrawal period,
5.1.2. for the supply of alcoholic beverages that may be delivered only after thirty days and whose price depends on fluctuations of the financial market independent of the Seller’s will,
5.1.3. for the supply of goods that have been customized according to the Buyer’s wishes or for the Buyer’s person,
5.1.4. for the supply of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery,
5.1.5. for the supply of sealed goods which the Buyer has removed from the seal and which cannot be returned for hygiene reasons,
5.1.6. for the supply of an audio or video recording or computer program if the original seal has been broken,
5.1.7. for the supply of newspapers, periodicals, or magazines,
5.1.8. for the supply of digital content not supplied on a tangible medium, if delivery has begun with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer prior to conclusion that in such a case they have no right of withdrawal.

5.2. If it is not a case referred to in Art. 5.1 or another case where 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 receipt of the goods; where the Purchase Contract concerns several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal must be sent to the Seller within the period specified in the previous sentence.

5.3. To withdraw from the Purchase Contract, the Buyer may use the model form provided by the Seller, which forms an annex to these Terms and Conditions. The Buyer may send the withdrawal, inter alia, to the Seller’s place of business or registered office. The provisions of Art. 11 of these Terms and Conditions apply to the delivery of withdrawals.

5.4. In the event of withdrawal from the Purchase Contract pursuant to Art. 5.2 of the Terms and Conditions, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.

5.5. In the event of withdrawal from the Purchase Contract pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return performance provided by the Buyer upon the return of the goods by the Buyer or otherwise, if the Buyer agrees and no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.

5.6. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

5.7. Until the goods are received by the Buyer, the Seller is 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, cashlessly to the account designated by the Buyer.

5.8. If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Contract, the donation agreement regarding such gift becomes ineffective and the Buyer is obliged to return the provided gift to the Seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon at the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2. If, under the Purchase Contract, the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.

6.3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery, or the costs associated with another method of delivery.

6.4. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier without delay. If the Buyer finds a breach of the packaging indicating unauthorized entry into the consignment, the Buyer need not accept the consignment from the carrier.

6.5. The delivery period is 14 business days from receipt of the Order by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code).

7.2. The Seller is liable to the Buyer for the goods being free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

7.2.1. the goods have the properties agreed by the parties, and if no agreement exists, the goods have such properties as the Seller or the manufacturer described or which the Buyer expected given the nature of the goods and the advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the Seller for their use or for the purpose for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or template, if the quality or workmanship was determined according to an agreed sample or template,
7.2.4. the goods are in the appropriate quantity, measure, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions of Art. 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by normal use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if it follows from the nature of the goods.

7.4. If a defect manifests itself within six months of receipt, the goods are presumed to have been defective upon receipt.

7.5. The Buyer shall exercise rights from defective performance with the Seller at the address of the Seller’s establishment where acceptance of the complaint is possible with regard to the range of goods sold, or possibly also at the Seller’s registered office or place of business. The moment a complaint is made is deemed to be the moment when the Seller receives the goods complained of from the Buyer.

7.6. Further rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s complaints procedure.

7.7. Given the 3D printing technology used in production, the Seller cannot guarantee that the goods will be entirely free from minor visual imperfections arising from manufacture (by way of example, surface irregularities, a print seam, uneven surfaces, etc.). The Seller is not liable for such minor imperfections, as these circumstances were declared prior to sale and are known to the customer in advance.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. Title to the goods passes to the Buyer upon payment of the full purchase price of the goods.

8.2. The Seller is not bound, in relation to the Buyer, by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. The Seller handles out-of-court consumer complaints via the e-mail address . The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s E-mail Address.

8.4. The Seller is authorized to sell goods on the basis of a trade licence. Trade licensing control is carried out, within its competence, by the relevant trade licensing office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

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

9. PERSONAL DATA PROTECTION

9.1. Protection of the personal data of a Buyer who is a natural person is provided by Act No. 101/2000 Coll., on Personal Data Protection, as amended.

9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, Company ID number, VAT number, e-mail address, telephone number, and (collectively, the “Personal Data”).

9.3. The Buyer agrees to the processing of Personal Data by the Seller for the purpose of exercising rights and obligations under the Purchase Contract and for the purpose of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of Personal Data by the Seller for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of Personal Data to the full extent under this Article is not, by itself, a condition that would prevent conclusion of the Purchase Contract.

9.4. The Buyer acknowledges that they are obliged to state their Personal Data correctly and truthfully (during registration, in their User Account, and in Orders placed via the E-shop Interface) and that they are obliged to inform the Seller without undue delay of any changes in their Personal Data.

9.5. The Seller may authorize a third party to process the Buyer’s Personal Data as a processor. Except for persons transporting the goods, Personal Data will not be disclosed by the Seller to third parties without the Buyer’s prior consent.

9.6. Personal Data will be processed for an indefinite period. Personal Data will be processed in electronic form by automated means or in printed form by non-automated means.

9.7. The Buyer confirms that the Personal Data provided is accurate and that they were informed that provision of Personal Data is voluntary.

9.8. If the Buyer believes that the Seller or the processor (Art. 9.5) is processing their Personal Data in a manner that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the Personal Data is inaccurate with regard to the purpose of its processing, the Buyer may:
9.8.1. ask the Seller or the processor for an explanation,
9.8.2. request that the Seller or the processor remedy the situation.

9.9. If the Buyer requests information regarding the processing of their Personal Data, the Seller is obliged to provide such information. The Seller has the right to demand a reasonable fee not exceeding the necessary costs for providing the information.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer agrees to the sending of information related to the Seller’s goods, services, or business to the Buyer’s E-mail Address, and further agrees to the sending of commercial communications by the Seller to the Buyer’s E-mail Address.

10.2. The Buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the Website and for the Seller’s obligations under the Purchase Contract to be fulfilled without cookies being stored on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.

11. DELIVERY OF NOTICES

11.1. Notices relating to the relationship between the Seller and the Buyer, in particular notices concerning withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter unless otherwise provided in the Purchase Contract. Notices are delivered to the relevant contact address of the other party and are deemed delivered and effective at the moment of their delivery by post, except for a notice of withdrawal from the contract made by the Buyer, where the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.

11.2. A notice is also deemed delivered if acceptance was refused by the addressee, if it was not collected within the storage period, or if it was returned as undeliverable.

11.3. The parties may deliver ordinary correspondence to each other by e-mail, to the e-mail address specified in the Buyer’s User Account or specified by the Buyer in the Order, or to the address stated on the Seller’s Website.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights arising from generally binding legal regulations.

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Purchase Contract or the Terms and Conditions require written form.

12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. An annex to the Terms and Conditions consists of a model withdrawal form.

12.5. Seller’s contact details: service address , e-mail address , telephone .