General Terms and Conditions

LUMA-kamna s.r.o. with its registered office at Nádražní 403, Strakonice, 386 01, Identification number: 09416161 registered in the Commercial Register, maintained by the Regional Court in České Budějovice, Section C, Insert 30177 for the sale of goods via the online shop on the website www.luma-kamna.cz Basic Provisions These terms and conditions (hereinafter referred to as "Terms and Conditions") of LUMA-kamna s.r.o., with its registered office at Nádražní 403, 386 01 Strakonice, Identification number 09416161, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 30177, (hereinafter referred to as the "Seller"), are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code"). These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person, who, outside of their business activity as a consumer or within their business activity, enters into a purchase contract (hereinafter referred to as the "Buyer") through the online interface on the website www.luma-kamna.cz (hereinafter referred to as the "Online Shop"). The Buyer, who is a consumer, acknowledges that all goods listed in the purchase contract are manufactured according to the consumer's needs or customized to their personal requirements, and therefore the Buyer has no right to withdraw from the purchase contract within 14 days after receiving the goods. The provisions of the Terms and Conditions are an integral part of the purchase contract. Any different agreements in the purchase contract take precedence over the provisions of these Terms and Conditions. These Terms and Conditions and the purchase contract are concluded in the Czech language.  

Information about Goods and Prices

Information about goods, including their prices and main features, is provided for each item in the catalog of the online shop. The prices of the goods include VAT, all associated costs, and the costs of returning the goods if they cannot be returned by regular postal services due to their nature. The prices of the goods remain valid for the duration they are displayed in the online shop. This provision does not exclude the possibility of negotiating a purchase contract under individually agreed conditions. All presentations of goods in the catalog of the online shop are for informational purposes only, and the seller is not obligated to conclude a purchase contract regarding these goods. Information about the costs associated with packaging and shipping the goods is also published in the online shop. The costs associated with packaging and shipping, as listed in the online shop, apply only if the goods are delivered within the Czech Republic. Any discounts on the purchase price of the goods cannot be combined unless otherwise agreed upon by the seller and the buyer.

Order and Conclusion of a Purchase Contract

Costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (such as internet connection fees, telephone charges) are borne by the buyer themselves. These costs do not differ from the basic rate. The buyer can order goods in the following ways:

• Through their customer account, if they have previously registered in the online shop,
• By filling out the order form without registration.

When placing an order, the buyer selects the goods, the quantity of items, the method of payment, and the delivery method. Before submitting the order, the buyer has the opportunity to review and change the data they have entered. The buyer sends the order to the seller by clicking on the COMPLETE ORDER button. The data provided in the order is considered correct by the seller. The validity of the order requires that all mandatory fields in the order form are filled out and that the buyer confirms they have read these terms and conditions. Immediately after receiving the order, the seller sends a confirmation of receipt of the order to the email address provided by the buyer during the ordering process. This confirmation is automatic and is not considered a contract conclusion. The confirmation is accompanied by the current terms and conditions of the seller. The purchase contract is only concluded upon acceptance of the order by the seller. The notification of acceptance of the order will be sent to the buyer's email address. If any of the requirements specified in the order cannot be met, the seller will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for the purchase contract, and the contract is concluded in this case by the buyer's acceptance of this offer sent to the seller's email address as specified in these terms and conditions. All orders accepted by the seller are binding. The buyer is entitled to cancel the order until they receive the notification of acceptance of the order by the seller. The buyer can cancel the order by calling the telephone number or sending an email to the address provided in these terms and conditions. In the event of an obvious technical error by the seller when indicating the price of the goods in the online shop or during the order process, the seller is not obliged to deliver the goods to the buyer at the obviously incorrect price, even if the buyer has received an automatic confirmation of receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without undue delay and send a modified offer to the buyer's email address. The modified offer is considered a new proposal for the purchase contract, and the contract is concluded in this case by the buyer's acceptance of the offer to the seller's email address.

Customer Account

Based on the registration made by the buyer in the online shop, the buyer can access their customer account. The buyer can order goods via their customer account. Goods can also be ordered without registration. When registering for a customer account or placing an order, the buyer is obliged to provide accurate and truthful information. The buyer is required to update the information in their user account whenever there is a change. The data provided by the buyer in the customer account and during the ordering of goods is considered correct by the seller. Access to the customer account is secured by a username and password. The buyer is obliged to keep the information necessary for accessing their customer account confidential. The seller is not responsible for any misuse of the customer account by third parties. The buyer is not entitled to allow third parties to use the customer account. The seller is entitled to delete the user account, particularly if the buyer has not used their user account for more than 1 year or if the buyer violates their obligations under the purchase contract or these conditions. The buyer acknowledges that the customer account may not always be available, especially with regard to necessary maintenance of the seller's hardware and software or necessary maintenance of third-party hardware and software.

Payment Terms and Delivery of Goods

The buyer can pay the price of the goods and the costs associated with their delivery under the purchase contract in the following ways:

• Cashless transfer to the seller's bank account No. 123778470257/0100 at Komerční banka.
• Cash on delivery upon receipt of the goods.
• In cash when collecting the goods in person at the seller's premises.

Along with the purchase price, the buyer is obliged to pay the seller the agreed amount for packaging and delivery costs. Unless expressly stated otherwise below, the purchase price also includes the cost of delivering the goods. In the case of cash payment, the purchase price is due upon delivery of the goods. For cashless payments, the purchase price is due within 14 days of concluding the purchase contract. In the case of a cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the appropriate amount is credited to the seller's bank account. The seller reserves the right to require a deposit of up to 100% of the goods' price at their discretion. A deposit of 100% of the goods' price and shipping costs is required if the buyer chooses a bank transfer as the preferred payment method. The deposit must be paid within 14 days of invoicing. A tax document (including any advance payment) for the price of the goods and shipping costs will be handed to the buyer no later than at the time of delivery of the goods.

Delivery of Goods

The goods will be delivered to the buyer:

• To the address specified by the buyer in the order.
• By personal pickup at the seller's premises.

The choice of delivery method is made during the ordering process. The costs of delivery, depending on the type of transport and receipt of the goods, are indicated in the buyer's order and the seller's order confirmation. If the transport method is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this transport method. If the seller is obliged under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer is required to take delivery of the goods. If, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery or the costs associated with another delivery method. When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. In case of packaging damage that indicates unauthorized entry into the shipment, the buyer must not accept the shipment from the carrier. The seller issues a tax document (an invoice) to the buyer. The tax document is sent to the buyer's email address. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage, or loss of the goods passes to the buyer at the moment they take delivery of the goods or at the moment they were obliged to take delivery of the goods but failed to do so in breach of the purchase contract.

Withdrawal from the Contract

A buyer who has entered into a purchase contract outside their business activities as a consumer has the right to withdraw from the purchase contract. The withdrawal period is 14 days:

• From the date of receipt of the goods.
• From the date of receipt of the last delivery of goods if the subject of the contract is multiple types of goods or the delivery of several parts.
• From the date of receipt of the first delivery of goods if the subject of the contract is a regular recurring delivery of goods.

The buyer cannot withdraw from the purchase contract in certain cases, such as:

• For the provision of services if they were provided with the buyer's prior express consent before the expiration of the withdrawal period, and the seller informed the buyer before concluding the contract that, in such a case, they have no right to withdraw from the contract.
• For the delivery of goods or provision of services whose price depends on fluctuations in the financial market, which are beyond the seller's control and may occur during the withdrawal period.
• For the delivery of goods that have been modified according to the buyer's wishes or for their person.
• In other cases specified in § 1837 of the Civil Code.

To meet the withdrawal deadline, the buyer must send a statement of withdrawal within the withdrawal period. The withdrawal from the purchase contract must be made in writing by the buyer and sent to the email or delivery address of the seller specified in these terms. The seller must promptly confirm receipt of this written withdrawal from the purchase contract to the buyer. A buyer who has withdrawn from the contract is required to return the goods to the seller within 14 days of the withdrawal. The buyer bears the cost of returning the goods to the seller, even if the goods, due to their nature, cannot be returned by ordinary postal means. If the buyer withdraws from the contract, the seller must refund all payments received from the buyer, including delivery costs, without delay and no later than 14 days after the withdrawal from the contract, using the same method of payment. The seller will only refund the received payments using a different method if the buyer agrees and no additional costs are incurred. If the buyer has chosen a delivery method other than the least expensive standard delivery method offered by the seller, the seller is only required to refund the delivery costs up to the amount of the least expensive standard delivery method. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received payments before the buyer returns the goods or proves that they have sent the goods to the seller. The buyer must return the goods to the seller undamaged, unworn, unsoiled, and preferably in the original packaging. The seller is entitled to offset their claim for compensation for any damage to the goods against the buyer's claim for a refund of the purchase price. The seller is entitled to withdraw from the purchase contract if the goods are out of stock, unavailable, or if the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The seller must inform the buyer immediately using the email address provided in the order and refund all payments received from the buyer under the contract, including delivery costs, within 14 days of notifying the buyer of the contract withdrawal, using the same or another method specified by the buyer.  

Rights Due to Defective Performance

The seller is liable to the buyer for ensuring that the goods are free of defects upon receipt. Specifically, the seller warrants that at the time the buyer takes over the goods:

• The goods have the characteristics agreed upon by the parties, or if no agreement has been made, they possess the characteristics described by the seller or manufacturer, or those that the buyer might reasonably expect given the nature of the goods and the basis of any advertising.
• The goods are suitable for the purpose specified by the seller or for the usual purpose of goods of this type.
• The goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model.
• The goods are in the correct quantity, measure, or weight and meet legal requirements.

The seller has obligations arising from defective performance to at least the extent that the obligations of the manufacturer from defective performance persist. For consumer goods, the buyer may exercise the right to claim defects within twenty-four months after receiving the goods. If the useful life of the goods is specified on the sold goods, on their packaging, in the instructions accompanying the goods, or in advertising under other legal regulations, the provisions on quality guarantee apply. The quality guarantee binds the seller to ensure that the goods are suitable for normal use or retain their usual properties for a specified period. If the buyer has rightly complained to the seller about a defect in the goods, the period for exercising rights from defective performance and the warranty period does not run for the time during which the buyer cannot use the defective goods. The provisions mentioned above do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, for wear and tear caused by normal use of the goods, for used goods due to a defect corresponding to the level of use or wear the goods had when the buyer took them over, or if it follows from the nature of the goods. The right to defective performance does not belong to the buyer if they knew before taking over the goods that the goods were defective or if the buyer caused the defect themselves. In the event of a defect, the buyer may file a complaint with the seller. This can be done at the seller's registered office, always on weekdays during regular business hours, by mail, or by email. The buyer has the right to withdraw from the contract if:

• The goods have a substantial defect.
• They cannot use the goods properly due to repeated occurrence of the defect or defects after repair.
• There are a large number of defects in the goods.

A substantial breach of contract occurs if the party violating the contract knew or should have known at the time of contract conclusion that the other party would not have concluded the contract if they had foreseen the breach. In the case of a defect that constitutes an insignificant breach of contract (whether it is a repairable or non-repairable defect), the buyer has the right to have the defect remedied or to receive a reasonable discount on the purchase price. If a repairable defect reappears after repair (typically the third complaint for the same defect or the fourth complaint for various defects), or if the goods have a greater number of defects (usually at least three defects simultaneously), the buyer has the right to demand a discount on the purchase price, replace the goods, or withdraw from the contract. When exercising a claim, the buyer must inform the seller of their chosen right. A change of choice without the seller's consent is only possible if the buyer has requested the rectification of a defect that proves to be unrectifiable. If the buyer does not exercise their right from a substantial breach of contract in time, they have the same rights as in the case of an immaterial breach of contract. If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price when withdrawing from the contract. If the seller proves that the buyer knew of the defect in the goods before taking possession or caused it themselves, the seller is not obliged to fulfill the buyer's claim. The buyer cannot claim a defect for goods sold at a reduced price due to the reason for which they were discounted. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised their right, what the content of the complaint is, and a confirmation of the date and manner of handling the complaint, including confirmation of repair and its duration, or a written justification for rejecting the complaint. The seller will decide on the complaint immediately, in complex cases within three working days. This period does not include a reasonable time necessary for a professional assessment of the defect, depending on the type of product or service. Complaints, including the rectification of defects, must be resolved immediately, but no later than 30 days from the date of the complaint unless the seller and the buyer agree on a longer period. Failure to meet this deadline is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract. The date of exercise is the date on which the buyer's expression of will (exercise of the right to defective performance) is received by the seller. The seller will inform the buyer in writing about the result of the complaint. The right to defective performance does not belong to the buyer if they knew before taking over the goods that the goods were defective or if the buyer caused the defect themselves. In the case of a justified complaint, the buyer is entitled to reimbursement of reasonable costs incurred in connection with the complaint. The buyer can claim this right within one month after the warranty period expires, otherwise, the court may not grant it. The buyer has the choice of how to assert their claims. The rights and obligations of the contracting parties concerning rights from defective performance are governed by §§ 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection.

Delivery

The contracting parties may deliver all correspondence to each other by electronic mail. The buyer must send correspondence to the seller at the email address provided in these terms and conditions. The seller sends correspondence to the buyer at the email address specified in the buyer's customer account or order.

Personal Information

All information the buyer provides in cooperation with the seller is confidential and will be treated as such. Unless the buyer provides written consent to the seller, the seller will not use the buyer's data for purposes other than contract fulfillment, except for the email address to which commercial communications may be sent, as permitted by law unless explicitly refused. These communications may only relate to similar or related goods and can be unsubscribed from at any time (by letter, email, or clicking a link in a commercial communication). The email address will be stored for this purpose for 3 years after the conclusion of the last contract between the parties. The data controller (the seller) collects, stores, and uses personal data following Act No. 110/2019 Coll. on the Processing of Personal Data (hereinafter referred to as the "Personal Data Processing Act") or Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data, on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as "GDPR"), particularly for the purposes of:

• managing the customer's account and an overview of the customer's previous orders, mediating the customer's orders, and other activities within the use of the user account;
• fulfilling the administrator's obligations as a seller under the concluded purchase contracts;
• fulfilling the administrator's public duties (especially accounting, tax obligations, etc.) under generally binding legal regulations;
• providing information about offers, assortment, and promotions of the administrator as a seller;
• possible enforcement of the obligations of the customer as a buyer under the concluded purchase contract.

The legal basis for processing personal data is:

• its necessity for the performance of contracts concluded with the data controller;
• its necessity for the fulfillment of the legal obligations to which the data controller is subject;
• its necessity to protect the legitimate interests of the data controller, which particularly involve disseminating information about the data controller's commercial and other business activities;
• in other cases, the consent given for these purposes by the data subject, which may be withdrawn by the data subject at any time without affecting the lawfulness of processing based on consent before its withdrawal.

Personal data will not be disclosed to other recipients, except for goods transport providers. Personal data is not processed automatically. The data controller will retain personal data for 5 years after the termination of the contractual relationship with the data subject and the fulfillment of all resulting obligations unless applicable and effective legal regulations require the data controller to retain them for a longer period. The data subject has the right to access, correct, delete, or restrict the processing of their personal data, the right to object to the processing, and the right to data portability. These rights can be exercised by contacting the administrator at info@luma-kamna.cz. The data subject also has the right to lodge a complaint with the Office for Personal Data Protection.

Out-of-Court Dispute Resolution

For out-of-court resolution of consumer disputes arising from the purchase contract, the Czech Trade Inspection Authority (Česká obchodní inspekce) with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, Internet address: https://adr.coi.cz/cs is responsible. The online dispute resolution platform at http://ec.europa.eu/consumers/odrcan be used to resolve disputes between the seller and the buyer under the purchase contract. The European Consumer Centre of the Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz, is the contact point under 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 Online Dispute Resolution for Consumer Disputes).

Final Provisions

All contracts between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legal regulations. The seller is not bound by any codes of conduct in relation to the buyer under § 1826, paragraph 1, letter e of the Civil Code. All rights to the seller's website, particularly copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or parts of it without the seller's consent. The seller is not liable for errors resulting from third-party interference in the online store or its use contrary to its intended purpose. The buyer must not use procedures when using the online store that could adversely affect its operation, and must not take actions that could allow them or third parties to interfere with or use the software or other components of the online store unauthorizedly, or use the online store or its parts or software in a way that contradicts its purpose or designation. The buyer assumes the risk of changes in circumstances under § 1765, paragraph 2 of the Civil Code. The purchase contract, including the terms and conditions, will be archived by the seller in electronic form and is not accessible. The version of the terms and conditions may be amended or supplemented by the seller. These provisions do not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions. A sample withdrawal form is attached to the terms and conditions.

Contact Information:

• Address: Nádražní 403, Strakonice, 386 01
• Phone: +420735168970, +420735168971
• Email: info@luma-kamna.cz

These terms and conditions are effective as of June 1, 2021.