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Terms and Conditions

INVOICING AND IDENTIFICATION OF THE SELLER:

Oleksandr Parashchenko

At Victoria 2919/6
130 00 Prague 3-Žižkov

ID: 17244200

Date of incorporation-8.6.2022 in the Commercial Register under file number C 298314/MSPH at the Municipal Court in Prague.

– for the sale of goods through the on-line shop located at the internet address ringlights.cz

ADDRESS AND RETURN CONTACT:

At Victoria 2919/6
130 00 Prague 3-Žižkov

+420608429842
info@ringlights.cz

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Oleksandr Parashchenko, with registered office

U Viktorie 2919/6
130 00 Praha 3-Žižkov

, identification number: 17244200(hereinafter referred to as the “Seller”) regulate, in accordance with the provisions of § 1751 paragraph 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 contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online shop is operated by the Seller on the website located at fotoveci.cz (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Website interface”).

1.2 The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who acts in the course of ordering goods in the course of his business activity or in the course of his independent exercise of his profession.

1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4 The provisions of the terms and conditions are an integral part of the purchase contract. 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.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the 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 his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as “user account”). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.

2.2 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 provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his 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 his/her user account for more than 2 years or if the Buyer breaches his/her 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 the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1 All presentation of goods placed in the web interface of the shop is informative and the Seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.

3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech and Slovak Republics.

3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

3.4.1. the goods ordered (the goods ordered are “inserted” by the buyer into the electronic shopping cart of the web interface of the shop),

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 about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).

3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer sends the order to the Seller by clicking on the “buy” button. The data provided in the order is considered correct by the Seller.

3.6 Sending an order is considered to be such an act of the buyer, which identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price in an unquestionable way and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on 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 he has read these terms and conditions.

3.7 Immediately upon receipt of the order, the Seller shall confirm such receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s e-mail address”).

3.8 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).

3.9 The draft purchase contract in the form of an order is valid for fifteen days.

3.10. 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 electronic mail to the Buyer’s electronic mail address.

3.11. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer an amended offer to the Buyer’s e-mail address, indicating the possible variants of the order and requesting the Buyer’s opinion.

3.12. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such a case only upon acceptance by the Buyer via electronic mail.

3.13. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.

3.14 The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, in particular with persons who have previously materially breached the Purchase Contract (including the Terms and Conditions).”

4. PRICE OF GOODS AND PAYMENT TERMS

4.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller by the methods specified during the order.

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

4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of 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 in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 10 days of the conclusion of the purchase contract.

4.5 In case of non-cash 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 non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

4.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require 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 the goods granted by the Seller to the Buyer cannot be combined.

4.8 If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller IS the payer of value added tax. 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 electronic address or in printed form together with the shipment.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, among other things:

5.1.1. for the delivery of goods, the price of which depends on the fluctuations of the financial market independently of the will of the Seller and which may occur during the withdrawal period,

5.1.2. for the delivery of alcoholic beverages which may be delivered after the expiry of thirty days and the price of which depends on financial market fluctuations independent of the will of the seller,

5.1.3. for the delivery of goods which have been customised to the buyer’s wishes or for the buyer’s person

5.1.4. the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,

5.1.5. the delivery of goods in sealed packaging which have been removed from the packaging by the Buyer and cannot be returned for hygienic reasons,

5.1.6. the delivery of an audio or visual recording or computer program if the original packaging has been damaged,

5.1.7. the delivery of newspapers, periodicals or magazines,

5.1.8. for the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer prior to the conclusion of the contract that in such a case he has no right of withdrawal.

5.2 Unless the case referred to in Article 5.1 or any other case where the Purchase Contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the Purchase Contract within one hundred (100) days of receipt of the Goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. The returned goods must always be undamaged, unused and in their original packaging.

5.3 In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the outset. The goods must be returned to the Seller within one hundred (100) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

5.4 In the event of withdrawal from the contract according to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer without undue delay, no later than within 14 (14) days of the Buyer’s withdrawal from the Purchase Contract, by bank transfer. The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another way, provided that the Buyer agrees and no additional costs are incurred by 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 to him or proves that he has sent the goods to the seller.

5.5 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.

5.6 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.

5.7 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

5.8 Return of part of the shipment in case of free shipping: Free delivery of goods is a property benefit which is linked to and conditional on the total value of the purchase contract. In the event that the buyer returns a part of the goods to which he is entitled within a proper period of 100 days without giving any reason, and the value of the purchase contract is thus reduced below the limit price for free delivery, the usual freight price will be deducted from the amount remitted for the returned goods. Failure to do so would constitute unjust enrichment.

6. TRANSPORT AND DELIVERY OF GOODS

6.1 In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

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

6.3 In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4 On receipt of the goods from the carrier, the Seller recommends the Buyer to check the integrity of the packaging of the goods and in the event of any defects to notify the carrier immediately. In the event that the packaging is found to have been breached, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2 The Seller shall be liable to the Buyer that the Goods are 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 characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

7.2.4. the goods are in the appropriate quantity, measure or weight; and

7.2.5. the goods comply with the requirements of the legislation.

7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.

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

7.5 The Buyer shall assert the rights arising from the defective performance at the Seller’s business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.

7.6 Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s Complaints Regulations.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1 The Buyer acquires ownership of the Goods upon payment of 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 1826(1)(e) of the Civil Code.

8.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 12000 Prague 2, ID No.: 000 20 869, internet address: http:/ /www.coi.cz, is competent for out-of-court settlement of disputes arising from the Purchase Contract. It is also possible to initiate alternative dispute resolution via the online form at https://ec.europa.eu/consumers/odr.

8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

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

9. DATA PROTECTION

9.1 The handling of personal data of buyers is subject to legislation on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data. The principles governing the processing of your personal data are contained here.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1 The Buyer consents to the sending of information relating to the Seller’s goods, services or business to the Buyer’s electronic address and further consents to the sending of commercial communications by the Seller to the Buyer’s electronic address.

10.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller’s obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer’s computer, the Buyer may revoke the consent under the previous sentence at any time.

11. SUBMISSION

11.1 Notices concerning the relationship between the Seller and the Buyer, in particular those concerning the withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.

11.2 A notice which is refused by the addressee, which is not collected within the storage period or which is returned as undeliverable shall also be deemed to have been delivered.

11.3 The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified in the Buyer’s user account or specified by the Buyer in the order, or to the address specified on the Seller’s website.

12. FINAL PROVISIONS

12.1 If the relationship established by the Purchase Agreement 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 under generally binding legislation.

12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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 contract of sale or the terms and conditions shall be in writing.

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

12.4 A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.

12.5 Contact details of the Seller: delivery address Dreamstock Fotověci, Nádražní 349/3, Prague 5 150 00, e-mail address info@fotoveci.cz.

Thank you for the time you have spent reading the terms and conditions.

The Terms and Conditions are valid from 8.6.2022 until further notice.

Information for buyers: in the event of a change in the terms and conditions, the terms and conditions that were in force on the date of purchase shall apply.