Terms and Conditions

Terms and Conditions

commercial company M-LUX W s.r.o.
Registred office: Újezdec 86, PSČ 687 34, Czech Republic
Business premises: VP- Ateliér, Jestřabice 136, 768 05 Koryčany
Company ID No. (IČO): 25511297
entered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 29151
(hereinafter referred to as the "“Seller“)

for the sale of goods through an online store located at the internet address www.vp-atelier.cz (hereinafter referred to as the "Website“)

Seller's Contact Details:
Delivery address: VP – Ateliér, Jestřabice 136, 768 05 Koryčany, Czech Republic
Email address: v.pencik@email.cz
Phone: +420 776 254 524

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as 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 (hereinafter referred to as the"Civil Codethe mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person who is a consumer (hereinafter referred to as the “Buyer”) through the Seller's online store. The online store is operated by the Seller on the Website, through the Website's interface (hereinafter referred to as the “web interface of the store“).

1.2. A consumer is any individual who, outside the scope of their business activities or outside the scope of the independent exercise of their profession, concludes a contract with an entrepreneur or otherwise deals with them.

1.3. These 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 in the course of their business activities or in the course of their independent exercise of their profession (hereinafter referred to as an “Entrepreneur”). In such a case, the relationship shall be governed by individual agreement and the general provisions of the Civil Code on purchase, unless otherwise agreed.

1.4. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating arrangements in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions.

1.5. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement can be concluded in the Czech language. The Buyer shall receive one copy of these Terms and Conditions in text form as an attachment to the order confirmation to their email address.

1.6. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions. The Seller shall inform Buyers of changes to the Terms and Conditions on the Website, or in another appropriate manner.

2. USER ACCOUNT

2.1. Based on the Buyer's registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). The Buyer may also order goods without registration directly from the web interface of the store.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering goods are considered 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 and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer.

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, especially if the Buyer does not use their User Account for more than 2 years, or if the Buyer breaches their obligations under the Purchase Agreement (including the Terms and Conditions).

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

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. Section 1732 (2) of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value-added tax (VAT), if the Seller is a VAT payer, and all related fees. If the Seller is not a VAT payer, this fact is stated next to the price. The prices of goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed conditions. The web interface of the store also contains information on the costs of returning goods, if these goods by their nature cannot be returned by ordinary mail.

3.3. The web interface of the store also contains information on the costs associated with packaging and delivery of goods. The information on costs associated with packaging and delivery of goods listed in the web interface of the store applies only when goods are delivered within the territory of the Czech Republic. The possibility and costs of delivering goods outside the territory of the Czech Republic will be addressed individually upon the Buyer's inquiry.

3.4. To order goods, the Buyer fills in the order form in the web interface of the store. The order form contains, in particular, information about:
3.4.1. the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the “Order“).

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, also with regard to the Buyer's ability to identify and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on a button with unambiguous wording confirming the obligation to pay for the order (e.g., “Order with obligation to pay” or “Buy now”). The data provided in the Order are considered correct by the Seller. The Seller shall immediately confirm receipt of the Order to the Buyer by email to the Buyer's email address specified in the User Account or in the Order (hereinafter referred to as the “Buyer's email address”). This confirmation is informative and does not in itself constitute acceptance of the proposal to conclude a Purchase Agreement.

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

3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by email to the Buyer's email address. The current Terms and Conditions of the Seller are attached to this acceptance.

3.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer монтаж, and these costs do not differ from the basic rate.

3.9. The Seller reserves the right not to conclude a Purchase Agreement, especially with persons who have previously materially breached a Purchase Agreement (including the Terms and Conditions). In the event of an obvious typographical or numerical error regarding the price of goods in the web interface of the store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the Order. In such a case, the Seller shall inform the Buyer of this fact without undue delay and send an updated offer to their email address. The updated offer is considered a new proposal for a Purchase Agreement, and the Purchase Agreement is then concluded by the Buyer's confirmation of acceptance to the Seller's email address.

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 goods under the Purchase Agreement to the Seller in the following ways:
* in cash at the Seller's business premises at VP – Ateliér, Jestřabice 136, 768 05 Koryčany;
* in cash on delivery at the place specified by the Buyer in the Order;
* by cashless transfer to the Seller's account No. 43-4042190277/0100, held at Komerční banka, a.s. (hereinafter referred to as the “Seller's account“);
* by cashless online payment card (if this option is offered).

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

4.3. The Seller does not require an advance payment or other similar payment from the Buyer in advance, unless stated otherwise below. This does not affect the provision of Art. 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 cash payment 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 5 days of the conclusion of the Purchase Agreement, unless the parties agree otherwise.

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, which is usually the order number. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the Seller's account.

4.6. The Seller is entitled, especially if the Buyer fails to provide additional confirmation of the Order (Art. 3.6), or for orders of higher value, to demand payment of the entire purchase price before sending the goods to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined, unless the Seller expressly states otherwise.

4.8. If it is customary in business practice or stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer regarding payments made under the Purchase Agreement. The Seller is not a value-added tax payer, unless expressly stated otherwise for a specific sale. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's email address, or attach it to the delivered goods.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw, inter alia, from a purchase agreement for:
a) the provision of services, if they have been fully provided; in the case of performance for consideration, only if it began with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that the provision of performance extinguishes the right to withdraw from the contract,
b) the supply of goods or services whose price depends on fluctuations in the financial market independently of the Seller's will and which may occur during the withdrawal period,
c) the supply of goods that have been customized according to the Buyer's wishes or for their person (custom-made goods),
d) the supply of perishable goods, as well as goods which, after delivery, have been irreversibly mixed with other goods due to their nature,
e) the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygienic reasons,
f) the supply of a sound or video recording or a computer program in sealed packaging, if the Buyer has broken the seal,
g) the supply of digital content not supplied on a tangible medium, after performance has begun; in the case of performance for consideration, if it began with the prior express consent of the consumer before the expiry of the withdrawal period, the consumer was informed that the right to withdraw from the contract thereby expires, and the entrepreneur provided them with confirmation pursuant to Section 1824a (1) and (2) or Section 1828 (3) and (4) of the Civil Code.

5.2. Unless it is a case referred to in Art. 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right, in accordance with Section 1829 (1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods. If the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. If the subject of the Purchase Agreement is a regular repeated delivery of goods, this period runs from the date of receipt of the first delivery of goods.

5.3. To withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to these Terms and Conditions. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in Art. 5.2. The Buyer may send the withdrawal from the Purchase Agreement to the Seller's business premises address or to the Seller's email address v.pencik@email.cz.

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

5.5. In the event of withdrawal from the Purchase Agreement 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 from the Purchase Agreement, in the same way as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another way, if the Buyer expressly agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to them or proves that they have sent the goods to the Seller.

5.6. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods, consisting of a reduction in their value resulting from handling the goods in a manner other than that necessary to become acquainted with the nature and properties of the goods, including their functionality, against the Buyer's claim for a refund of the purchase price.

5.7. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are accepted by the Buyer. Reasons for such withdrawal may include, for example, sold-out stock, unavailability of goods, or a significant change in the price of goods from the supplier. 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, or in another way after agreement with the Buyer.

5.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such a 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. The method of delivery of goods is determined by the Seller, unless otherwise stipulated in the Purchase Agreement. If the method of transport is agreed upon based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2. The Seller undertakes to deliver the goods to the Buyer without undue delay, no later than 30 days from the conclusion of the Purchase Agreement, unless a different period is specified for the specific goods or in the order confirmation. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept 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 different way than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.

6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If a breach of packaging indicating unauthorized entry into the shipment is found, the Buyer does not have to accept the shipment from the carrier. By signing the delivery note (or similar document), the Buyer confirms that the packaging of the shipment containing the goods was intact.

6.5. Further rights and obligations of the parties during the transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller and the Buyer has been acquainted with them.

7. RIGHTS FROM DEFECTIVE PERFORMANCE (LIABILITY FOR DEFECTS)

7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2158 to 2174b of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller is liable to the Buyer for ensuring that the goods are free from defects upon acceptance. In particular, the Seller is liable to the Buyer that the goods:
7.2.1. correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties,
7.2.2. are suitable for the purpose for which the Buyer requires them and with which the Seller has agreed, and
7.2.3. are delivered with the agreed accessories and instructions for use, including assembly or installation instructions.
Furthermore, the Seller is liable that, in addition to the agreed properties:
7.2.4. the goods are suitable for the purpose for which goods of this kind are usually used, also with regard to the rights of third parties, legal regulations, technical standards, or codes of conduct of the given sector, if there are no technical standards,
7.2.5. the goods, in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of goods of the same kind that the Buyer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, especially by advertising or labelling,
7.2.6. the goods are delivered with accessories, including packaging, assembly instructions, and other instructions for use that the Buyer can reasonably expect, and
7.2.7. the goods correspond in quality or design to the sample or model that the Seller provided to the Buyer before concluding the contract.

7.3. The provisions of Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear the goods had upon acceptance by the Buyer, or if it results from the nature of the goods. The Seller is not liable for defects under Art. 7.2.5 if, before concluding the Purchase Agreement, they specifically notified the Buyer that a certain property of the goods differs and the Buyer expressly agreed to this when concluding the Purchase Agreement.

7.4. If a defect becomes apparent within one year of acceptance, it shall be presumed that the goods were defective already upon acceptance, unless the nature of the goods or the defect precludes this. This period does not run for the time during which the Buyer cannot use the goods if they have legitimately claimed the defect. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of acceptance. This does not apply to used goods, where the period for exercising rights from defective performance can be shortened to twelve months; the Seller shall indicate such shortening in the confirmation of obligations from defective performance or on the sales document.

7.5. In the event of a defect, the Buyer may demand its rectification. At their choice, they may demand the delivery of a new item without defect or the repair of the item, unless the chosen method of rectification is impossible or disproportionately costly compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be rectified by the other method without significant difficulties for the Buyer. The Seller may refuse to rectify the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the item would have without the defect.

7.6. The Buyer may demand a reasonable discount or withdraw from the contract if:
a) the Seller has refused to rectify the defect or has not rectified it in accordance with Section 2170 (1) and (2) of the Civil Code,
b) the defect becomes apparent repeatedly,
c) the defect constitutes a material breach of contract, or
d) it is apparent from the Seller's statement or from the circumstances that the defect will not be rectified within a reasonable time or without significant difficulties for the Buyer.
A reasonable discount shall be determined as the difference between the value of the item without defect and the defective item received by the Buyer. The Buyer cannot withdraw from the contract if the defect of the item is insignificant; it is presumed that the defect is not insignificant. If the Buyer withdraws from the contract, the Seller shall refund the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves that they have sent the item.

7.7. The Buyer exercises their rights from defective performance with the Seller at their business premises address: VP – Ateliér, Jestřabice 136, 768 05 Koryčany. The moment of making a claim is considered the moment when the Seller received the claimed goods from the Buyer or was at least notified about them.

7.8. The Seller is obliged to issue the Buyer with a written confirmation upon making a claim, stating the date the Buyer made the claim, its content, the method of claim settlement requested by the Buyer, and the Buyer's contact details for the purpose of providing information on claim settlement. The claim, including the rectification of the defect, must be settled, and the Buyer must be informed thereof, no later than 30 days from the date the claim was made, unless the Seller and the Buyer agree on a longer period.

7.9. Further rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure, if issued and the Buyer has been acquainted with it

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership title to the goods by paying the full purchase price of the goods.

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

8.3. The Seller handles consumer complaints via the email address v.pencik@email.cz. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's email address. Other supervisory authorities are not affected by this.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Praha 1, ID No.: 000 20 869, website: https://adr.coi.cz. is competent for the out-of-court settlement of consumer disputes arising from the Purchase Agreement. The Online Dispute Resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Praha 1, website: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

8.6. The Seller is entitled to sell goods on the basis of a trade license. Trade licensing control is carried out within its competence by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, inter alia, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, and Act No. 89/2012 Coll., the Civil Code, as amended.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code. This provision shall not apply if the Buyer is a consumer.

9. PERSONAL DATA PROTECTION

9.1. Information on the processing of the Buyer's personal data by the Seller is contained in a separate document "Privacy Policy" (or "Zásady zpracování osobních údajů"), which is available on the Seller's Website. The Buyer acknowledges the obligation to familiarize themselves with this policy.

10. FINAL PROVISIONS

10.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations of another state that would apply in the absence of a choice of law.

10.2. By choosing the law pursuant to Art. 10.1, the consumer is not deprived of the protection afforded to them by provisions of the legal order from which it is not possible to derogate by contract, and which would otherwise apply in the absence of a choice of law pursuant to Art. 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

10.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning is closest to the invalid provision shall replace 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 Agreement or the Terms and Conditions require written form.

10.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible. The Seller shall allow the Buyer access to the text of the Purchase Agreement upon request.

10.5. An annex to the Terms and Conditions is a model form for withdrawal from the Purchase Agreement.

In Jestřabice, on 1.5.2025