Terms and conditions valid and effective from 14.08.2023
1. Introductory provisions
1.1 In accordance with the provisions of §1751 (1) of Act No. 89/2012 Coll. (Civil Code) as amended, Petr Dvořák issues the following terms and conditions, which form an integral part of the purchase contract concluded between:
Luciferlights, s.r.o, with registered office at Služská 779/30, Praha 8, 18200 , ID: 05495482, VAT: CZ05495482, petr@luciferlights.net, 776 371 214, as the Seller (hereinafter referred to as the "Seller") and the Buyer on the other hand.
1.2 The Buyer is a natural or legal person who enters into a purchase contract with the Seller through the Seller's online shop located at www.luciferlights.net (hereinafter referred to as the eshop).
If the Buyer is a consumer pursuant to § 419 of Act No. 89/2012 Coll., the relationships not governed by these Terms and Conditions shall be governed by Act No. 89/2012 Coll. If the Buyer acts in the course of ordering/purchasing goods within the scope of his/her business activity or within the scope of his/her independent exercise of his/her profession, the relationships not governed by these Terms and Conditions shall be governed by Act No. 89/2012 Coll., whereby the provisions of § 2158 - § 2174 shall not apply.
1.3 By concluding the Purchase Agreement, the Buyer confirms that he has read the full text of these Terms and Conditions, that he understands all of its provisions and that he fully agrees to them.
1.4 The Seller is entitled to change the wording of these Terms and Conditions at any time. The Buyer is bound by the wording of the Terms and Conditions current at the time of conclusion of the Purchase Agreement.
1.5 The Seller is a VAT payer.
2. Conclusion of the Purchase Contract
2.1 By selecting the goods from the Seller's offer and ordering them (by filling in the order form), the Buyer submits a proposal to the Seller for the conclusion of the purchase contract. The Purchase Contract between the Seller and the Buyer is concluded at the moment of acceptance of this proposal, i.e. confirmation of the order by the Seller sent to the Buyer's email address. In the absence of such confirmation by the Seller, it shall be deemed that the Purchase Contract has not been concluded.
The Buyer's identification data are in particular the Buyer's name and surname or company name, residence or registered office, VAT number, email address, contact telephone number, or delivery address.
The price of all goods offered on the Seller's e-shop is quoted as the price including VAT and all fees related to the sale (except for the price for postage and packing, which is quoted separately). The price of the goods is valid for as long as it is published in the Seller's e-shop.
The validity of the order is conditional on the completion of all the details of the order form, including agreement to the wording of these terms and conditions.
2.2 The Buyer understands that the Seller is not obliged to conclude a purchase contract with the Buyer for all the goods listed in the Seller's e-shop, i.e. that the display of goods in the Seller's e-shop does not constitute an offer to conclude a contract within the meaning of § 1732 of the Civil Code.
2.3 All the facts stated by the Buyer in the notes in the order form are part of the concluded purchase contract in case of the Seller's agreement with them, in case of his disagreement, it is considered that the purchase contract has not been concluded. Similarly, if the Seller is unable to meet any of the Buyer's requirements expressed in the order, the Seller shall send the Buyer a new draft order with a request for the Buyer's comments. The contract of sale shall be concluded at this point by the Buyer sending this new order to the Seller and its subsequent confirmation by the Seller.
2.4 The Seller is entitled, in circumstances worthy of consideration, to ask the Buyer to confirm his order by telephone or in writing before confirming the order and thus concluding the purchase contract.
3. Rights and obligations of the parties
3.1 Upon conclusion of the Purchase Contract, the Seller shall be obliged to deliver the ordered goods to the Buyer and the Buyer shall be obliged to pay the agreed price for the goods to the Seller.
3.2 The Buyer is obliged to accept the goods ordered and delivered in accordance with the Purchase Agreement and these Terms and Conditions.
3.3 In the event that it is necessary, for reasons on the Buyer's side, to deliver the goods in a different manner than agreed in the contract, the Seller shall be entitled to charge the Buyer for all costs associated with such delivery.
4. Withdrawal from the contract
4.1 In accordance with the provisions of § 1829 of the Civil Code. the buyer has the right to withdraw from the contract within 14 days of receipt of the goods.
4.2 The form suitable for withdrawal from the contract is located on the Seller's website - http://www.luciferlights.net/OdstoupeniOdSmlouvy.doc. The buyer may also withdraw from the contract in other ways, e.g. by email or telephone.
4.3 If the Buyer withdraws from the Contract, the Buyer shall send or hand over the goods received from the Seller without undue delay, but no later than fourteen days after withdrawal.
4.4 If the Buyer withdraws from the Contract, the Seller shall refund to the Buyer without undue delay, and no later than fourteen days after withdrawal from the Contract, all monies, including delivery costs, received from the Buyer under the Contract (other than any additional costs incurred as a result of the Buyer's choice of delivery method other than the cheapest standard delivery method offered by the Seller).
4.5 If the Buyer withdraws from the Contract, the Seller shall not be obliged to return the monies received to the Buyer until the Buyer has handed over or delivered the Goods to the Seller.
4.6 The Buyer shall bear the full cost of returning the goods to the Seller.
4.7 The Buyer shall be liable to the Seller for any diminution in the value of the Goods which is caused by handling the Goods in a manner different from that required by their nature and characteristics.
4.8 The Buyer may not withdraw from the contracts referred to in Section 1837 of Act No. 89/2012 Coll.
4.9 The Seller is entitled, until the Buyer takes delivery of the goods, to withdraw from the contract in the event of circumstances preventing the Seller from delivering the ordered goods to the Buyer.
5. Payment terms and transfer of ownership
5.1 The Buyer shall not be obliged to pay the Seller a deposit for the ordered goods, except as expressly agreed in the order.
5.2 The goods will be delivered/transferred to the Buyer only after payment of the full purchase price including delivery costs. The purchase price is payable at the time of receipt of the goods. In the case of non-cash payment to the Seller's account, the purchase price is payable within 14 days after the conclusion of the contract.
5.3 The transfer of ownership of the ordered goods from the Seller to the Buyer occurs only upon full payment of the purchase price including delivery costs.
5.4 The Buyer expressly agrees to the possibility of sending the tax document in electronic form (instead of a written document) to his email address.
6. Delivery options
6.1 Personal collection of the goods is possible by prior arrangement at the following addresses:
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Spořická 1135, Prague - Dolní Chabry (ideally by prior agreement during opening hours)
6.2 Possibility of sending the goods to the buyer at an address in the Czech Republic
The Seller allows to send the goods to the Customer in the Czech Republic in the following ways:
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By Czech Post as a Parcel to hand to an address in the Czech Republic, Parcel to the Parcel Office and Parcel to the Post Office.
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By parcel post to the address or to the point of delivery
6.3 Delivery options to the buyer in European countries
The Seller allows the Buyer to send the goods to:
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By parcel post, which will deliver the goods to the address through the individual courier companies in the respective countries.
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By parcel post to the delivery points in the countries concerned
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By other shipping companies
6.4 Options for delivery of goods to the buyer in all other countries
The Seller allows the Buyer to send the goods to:
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By Czech Post as international registered mail to an address in all other (non-European) countries.
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By other shipping companies
7. Payment options for the goods
The Buyer can pay for the goods in the following ways:
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By paying through a payment gateway
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By paying in cash in Czech crowns or Euros upon personal delivery of the goods.
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By paying the amount in CZK by bank transfer to the bank account with Fio Banka No. 2601087710 / 2010, if the buyer ordered the goods on the e-shop in Czech crowns.
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Payment of the amount in EUR by SEPA (euro payment) bank transfer to the following bank account held with Fio Banka, if the buyer ordered the goods on the e-shop in Euros:
Account number: 2501087713
IBAN: CZ6220100000002501087713
BIC/SWIFT: FIOBCZPPXXX -
Payment by cash on delivery. Cash on delivery is only allowed when sending goods to an address in the Czech Republic and payment is more than 1000kč. Cash on delivery is charged according to the amount ordered as follows:
8. Rights from defective performance and quality guarantee
8.1 The rights and obligations of the contracting parties regarding the rights of defective performance are regulated by Act No. 89/2012 Coll., specifically in its provisions § 2099 - § 2112
8.2 If the defective performance is a material breach of contract, the buyer has the right to have the defect remedied by delivery of a new item without defect or delivery of a missing item, or to have the defect remedied by repair of the item or to receive a reasonable discount on the purchase price, or to withdraw from the contract.
8.3 If the defective performance is an insubstantial breach of contract, the buyer has the right to have the defect remedied or to a reasonable discount on the purchase price.
By guaranteeing the quality, the seller undertakes that the item will be fit for use for its usual purpose for a certain period of time or that it will retain its usual characteristics.
The guarantee period starts from the handover of the goods to the buyer; if the goods have been dispatched under the contract, it starts from the arrival of the goods at their destination.
9. Out-of-court dispute resolution with customers
9.1 If you are a consumer, under the Consumer Protection Act you have the right to out-of-court settlement of a consumer dispute arising from the Contract. In this case, you are entitled to contact the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz,web: adr.coi.cz. Out-of-court resolution of a consumer dispute is initiated exclusively at your request, in the event that the dispute has not been resolved directly with us. The application may be filed within 1 year from the date on which you first exercised your right, which is the subject of the dispute, with Us.
9.2 You also have the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
10. Data protection
10.1 The Buyer hereby authorises the Seller to collect, process, store and use the data provided by the Buyer about him/her for the purposes of the Seller's information and accounting systems and for use in the Seller's marketing campaigns, for the purpose of informing the Buyer about the Seller's new products.
10.2 This includes, in particular, the Buyer's first and last name / business name, residential / registered office address, delivery address, VAT number, email address and telephone number.
10.3 The Buyer expressly consents to the Seller sending commercial communications within the meaning of Act No. 480/2004 Coll., as amended, to his e-mail address.
10.4 The Buyer consents and authorises the above for an indefinite period of time, starting from the date of dispatch of the order.
11. Final arrangements
11.1 All relationships not regulated by these terms and conditions shall be governed by the relevant provisions of the Civil Code as well as other related legal regulations.
11.2 In the event that any provision of these Terms and Conditions is found to be illegal or invalid, the validity or effectiveness of the other provisions of these Terms and Conditions shall not be affected.
11.3 All agreements between the Seller and the Buyer contained in the Purchase Contract shall prevail over the provisions of these Terms and Conditions with which they conflict.