These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of SAK LOŽISKA spol. s r. o., with its registered office at Horní Tošanovice 146, 739 53 Horní Tošanovice, Company ID: 64609391, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File No. 13947 (hereinafter referred to as the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the 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 (hereinafter referred to as the “Buyer”) through the Seller’s online store.

The online store is operated by the Seller on the website located at www.sak-loziska.cz through the store’s web interface.

These Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or independent profession when ordering goods.

Provisions deviating from these Terms and Conditions may be agreed in the Purchase Agreement. Any such deviating provisions in the Purchase Agreement shall prevail over these Terms and Conditions.

These Terms and Conditions form 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 may be concluded in the Czech language.

The Seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect rights and obligations arising during the validity of the previous version of the Terms and Conditions.

Based on the Buyer’s registration on the website, the Buyer may access their user interface. From the user interface, the Buyer may order goods (hereinafter referred to as the “User Account”).

When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information entered in the User Account whenever any changes occur. The data entered by the Buyer in the User Account and when ordering goods are considered correct by the Seller.

Access to the User Account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

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

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

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 the hardware and software equipment of third parties.

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

The store’s web interface contains information about the goods, including the prices of individual goods. The prices of goods are stated excluding value added tax. The prices remain valid for as long as they are displayed in the store’s web interface. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually agreed conditions.

The store’s web interface also contains information about the costs associated with packaging and delivery of goods. This information applies only in cases where the goods are delivered within the territory of the Czech Republic.

In order to order goods, the Buyer fills in the order form in the store’s web interface. The order form contains in particular information about:

• the ordered goods, which the Buyer places into the electronic shopping cart,
• the method of payment of the purchase price,
• the requested method of delivery of the ordered goods,
• the costs associated with the delivery of goods (hereinafter collectively referred to as the “Order”).

Before sending the Order, the Buyer is allowed to check and modify the data entered in the Order, including with regard to the possibility of detecting and correcting errors made when entering data. The Buyer sends the Order to the Seller by clicking the “ORDER” button.

The data stated in the Order are considered correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm such receipt to the Buyer by e-mail to the Buyer’s electronic address stated in the user interface or in the Order.

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

The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order by the Seller to the Buyer by e-mail.

The Buyer may set the price of goods, delivery method, payment method and any costs associated with the delivery of goods under the Purchase Agreement before final submission of the Order in the e-shop, and may pay the Seller by the following methods:

• in cash at the Seller’s premises at Horní Tošanovice 146, 739 53 Horní Tošanovice,
• cash on delivery upon receipt of the shipment from the carrier,
• by bank transfer to the Seller’s account stated on the invoice,
• by payment card at the company store.

Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount.

The Seller does not require any deposit or similar payment from the Buyer. This does not affect the Seller’s right to require payment of the full purchase price before the goods are dispatched.

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 by the due date stated on the invoice.

In the case of cashless payment, the Buyer is obliged to state the variable payment symbol. The Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.

Any discounts on the price of goods provided by the Seller to the Buyer may not be combined.

If customary in business practice or required by generally binding legal regulations, the Seller shall issue the Buyer with a tax document – invoice. The Seller is a value added tax payer. The tax document shall be sent in electronic form to the Buyer’s electronic address.

The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the supply of goods modified according to the Buyer’s wishes or for their person, goods subject to rapid deterioration, goods irreversibly mixed with other goods after delivery, goods supplied in sealed packaging which the consumer removed from the packaging and which cannot be returned for hygiene reasons, or from a contract for the supply of audio or video recordings or computer software if their original packaging has been broken.

In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.

The Seller shall return the funds received from the Buyer within fourteen (14) days from withdrawal from the Purchase Agreement, using the same method by which they were received, or by another method if the Buyer agrees and no additional costs arise for the Buyer.

The Seller is not obliged to return the received funds before the Buyer returns the goods or proves that the goods have been sent back to the Seller.

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

Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement at any time. 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.

If the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.

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.

If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other 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 another method of delivery.

Upon receipt of the goods from the carrier, the Buyer is obliged to inspect the integrity of the packaging and, in the event of any defects, immediately notify the carrier. If damage to the packaging indicating unauthorized entry into the shipment is found, the Buyer does not have to accept the shipment from the carrier.

Further rights and obligations of the parties regarding transport of goods may be governed by the Seller’s special delivery conditions, if issued by the Seller.

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

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

• the goods have the properties agreed by the parties,
• the goods are fit for the purpose stated by the Seller or for which such goods are usually used,
• the goods correspond in quality or design to the agreed sample or template,
• the goods are in the appropriate quantity, measure or weight,
• the goods comply with the requirements of legal regulations.

These provisions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for defects corresponding to the degree of use or wear and tear upon receipt, or where this follows from the nature of the goods.

If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.

The Buyer shall assert rights arising from defective performance at the Seller’s premises where acceptance of complaints is possible with regard to the range of goods sold, or possibly at the registered office or place of business.

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

The Buyer acquires ownership of the goods upon payment of the full purchase price.

The Seller is not bound by any codes of conduct towards the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

When using the store’s web interface, the Buyer is not entitled to use mechanisms, software or other procedures that could adversely affect the operation of the store’s web interface. The web interface may only be used to the extent that does not prejudice the rights of other customers of the Seller and is in accordance with its intended purpose.

The Seller is authorized to sell goods on the basis of a trade licence. Supervision over the area of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority also supervises, within its defined scope, compliance with consumer protection legislation.

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

The protection of the Buyer’s personal data, if the Buyer is a natural person, is governed by a separate privacy policy published on the Seller’s website.

The Buyer agrees to the processing of personal data to the extent necessary for the performance of rights and obligations arising from the Purchase Agreement and for maintaining the User Account, and, where applicable, also for sending information and commercial communications unless another option is chosen.

The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in such personal data.

The Seller may authorize a third party as a processor to process the Buyer’s personal data. Except for persons transporting the goods, personal data shall not be transferred to third parties without the Buyer’s prior consent.

The Buyer has the right to request information about the processing of their personal data and, in case of doubts regarding the lawfulness of the processing, may contact the Seller or the relevant supervisory authority.

The Buyer agrees to receive information related to the Seller’s goods, services or business at the Buyer’s electronic address and further agrees to receive commercial communications from the Seller.

The Buyer agrees to the storage of cookies on their computer. If purchases on the website can be made and the Seller’s obligations under the Purchase Agreement fulfilled without storing cookies, the Buyer may revoke this consent at any time.

Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other contracting party in writing, by e-mail, in person, or by registered mail through a postal service provider. Notices to the Buyer are delivered to the electronic address stated in the Buyer’s User Account.

If the relationship established by the Purchase Agreement contains an international element, 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.

If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, 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 Agreement or these Terms and Conditions must be made in writing.

The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.

Seller’s contact details: SAK LOŽISKA spol. s r. o., Horní Tošanovice 146, 739 53 Horní Tošanovice, e-mail info@sak-loziska.cz, phone +420 558 694 276.

In Horní Tošanovice on 15 February 2019.