Terms and Conditions

We know very well that there is a lot of text here, but we have to comply with legal standards and if you want to be clear about everything before buying, we recommend that you read the terms and conditions.

 

RETURN ADDRESS (WAREHOUSE AND HANDLING SERVICES):

Fotoveci, Nádražní 349/3, Prague 5 150 00, Czech Republic

 

BILLING AND SELLER IDENTIFICATION:

Infinity Unlimited s.r.o.

náměstí Jiřího z Lobkovic 2406/9 - There is no return address, you can find it above.
Prague 3 130 00
Czech Republic

ID: 07281901 | VAT number: CZ07281901

The company was registered on 11.7. 2018 in the commercial register under file number C 298314/MSPH at the Municipal Court in Prague.

 

- for the sale of goods through an online store located at the internet address fotoveci.eu

 

1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the trading company Infinity Unlimited s.r.o., with registered office at náměstí Jiřího z Lobkovic 2406/9, Prague 3, 130 00, identification number: 07281901 (hereinafter referred to as the "seller") regulate 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") via the seller's online store. The online store is operated by the seller on a website located at the internet address fotoveci.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

1.2. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

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

1.4. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

 

2. USER ACCOUNT
2.1. Based on the buyer's registration done on the website, the buyer can access its user interface. From his user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can 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 enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of 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 his user account.

2.4. The buyer is not authorized to allow the use of the user account by third parties.

2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 2 years, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available 24/7, especially due to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

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 contract regarding these goods. The provisions of Section 1732, paragraph 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. Product prices are inclusive of value added tax and all related charges. Product prices remain in effect for as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

3.3. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

3.3.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),

3.3.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.3.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.4. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the buy button. The data listed in the order they are deemed correct by the seller.

3.5. Sending an order is considered to be an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the filling in of all mandatory data in the order form, familiarization with these terms and conditions on the website and confirmation by the buyer that he has become familiar with these terms and conditions.

3.6. Immediately after receiving the order, the seller will confirm this 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").

3.7. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

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

3.9. 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 e-mail, to the e-mail address of the buyer.

3.10. In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer to the buyer's e-mail address an amended offer indicating possible variants of the order and request the buyer's opinion.

3.11. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case only upon acceptance by the buyer via e-mail.

3.12. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using the means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.

3.13 The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including the terms and conditions)."

3.14 The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including the terms and conditions)."

 

4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the ways indicated during the order.

4.2. Along with the purchase price, the buyer is also obliged to 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 also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect 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 cash 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 from the conclusion of the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. 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 is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 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 with each other.

4.8. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller IS the VAT payer. Tax document - the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's electronic address or in printed form together with the shipment.

 

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that it is not possible to withdraw from the purchase contract, among other things:

5.1.1. on the delivery of goods, the price of which depends on fluctuations in the financial market, regardless of the will of the seller, and which may occur during the withdrawal period,

5.1.2. about the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,

5.1.3. on the delivery of goods that have been modified according to the wishes of the buyer or for his person

5.1.4. on the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,

5.1.5. about the delivery of goods in closed packaging, which the buyer removed from the packaging and for hygienic reasons it is not possible to return it,

5.1.6. about the delivery of an audio or video recording or a computer program, if it has violated their original packaging,

5.1.7. about the delivery of newspapers, periodicals or magazines,

5.1.8. about the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract.

5.2. If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code within thirty (30) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance 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. Returned goods must always be undamaged, unused and in their original packaging.

5.3. In the case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within thirty (30) days of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

5.4. In the case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer without undue delay, no later than 14 days after the buyer withdraws from the purchase contract, to the account, by bank transfer or refund to the card. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if 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 is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.6. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.

 

6. CARRIAGE AND DELIVERY OF GOODS
6.1. In the event that a mode of transport is contracted based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.

6.4. When taking over the goods from the carrier, the seller recommends that the buyer check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

 

7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations.

7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

7.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,

7.2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

7.2.4. is the goods in the corresponding quantity, measure or weight and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions stated in Article 7.2 of the terms and conditions of trade do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.

7.5. Rights from defective performance are exercised by the buyer with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the headquarters or place of business. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.

7.6. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The European organization for consumer protection https://ec.europa.eu/consumers/odr is responsible for the out-of-court resolution of disputes arising from the purchase contract.

8.3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with the Act on Consumer Protection, as amended.

 

9. PROTECTION OF PERSONAL DATA
9.1. The handling of personal data of buyers is subject to legislation regarding 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 in connection with the processing of personal data. The principles governing the processing of your personal data are contained here.

 

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.

10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.

 

11. DELIVERY
11.1. Notifications regarding the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by registered mail, unless otherwise specified in the purchase contract. Notices shall be delivered to the other party's applicable contact address and shall be deemed delivered and effective upon delivery by mail, except for a notice of withdrawal by the Buyer, in which case the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.

11.2. Notices whose acceptance was refused by the addressee, which were not picked up within the storage period, or which were returned as undeliverable are also considered delivered.

11.3. The contracting parties can deliver regular correspondence to each other via 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 listed on the seller's website.

 

12. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

12.2. 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 when ordering goods as part of his business activity or as part of his independent profession.

12.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require written form.

12.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.5. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.

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

 

Thank you for taking the time to read the terms and conditions.

The terms and conditions are valid from 1.3. 2021 until further notice.

Previous version: 17.12. 2020, 31.10. 2020, 19.3. 2020, 10.5.2018, 3.11.2017, 21.10.2016, 4.2.2016, 26.10. 2018

 

Information for buyers: in the event of a change to the terms and conditions, the terms and conditions that were in effect on the date of purchase are valid.