Terms & Conditions

Terms and Conditions

General

These General Terms and Conditions apply to purchases in the online store of LUMINEX, spol. s.r.o.


The Terms and Conditions define and specify the rights and obligations of the Seller, the company LUMINEX, spol. s.r.o., with its registered office at Petra Rezka 10/1203, 140 00 Prague 4, ID: 41191455, entered in the Commercial Register in Section C., Insert 4741 at the Registry Court in Prague and the Buyer (Customer, Consumer).


All contractual relations are concluded in accordance with the legal system of the Czech Republic. If the contractual partner is a consumer, the relations not regulated by the Terms and Conditions are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not a consumer, the relations not regulated by the terms and conditions are governed by the Commercial Code No. 513/1991 Coll., as amended.


Definitions

A consumer contract is a purchase contract, a work contract or any other contract where the contracting parties are, on the one hand, the consumer and, on the other hand, the supplier.

The seller is the trading company LUMINEX, spol. s.r.o., with its registered office at Petra Rezka 10/1203, 140 00 Prague 4, ID: 41191455, registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 4741. LUMINEX, spol. s.r.o. is a person who, when concluding and fulfilling a contract, acts within the scope of his commercial or other business activity. It is an entrepreneur who supplies products or provides services to the buyer directly or through other entrepreneurs.

The customer of our online store is the buyer. Based on the applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.

A consumer buyer or just a consumer is a person who, when concluding and fulfilling a contract, does not act within the scope of his or her commercial or other business activity.

A buyer who is not a consumer is an entrepreneur who purchases products or uses services to do business with these products or services. The general terms and conditions apply to the buyer as far as they concern him or her, as well as the Commercial Code.


Sales contract

The buyer's order represents a proposal for a sales contract, and the sales contract itself is concluded at the time of delivery of the binding consent of the buyer and the seller to this offer (by the binding confirmation of the order by the seller). From that moment, mutual rights and obligations arise between the buyer and the seller.

By concluding the sales contract, the buyer confirms that he or she has familiarized himself or herself with these terms and conditions, including the complaint procedure, and agrees with them. The Buyer is sufficiently informed about these Terms and Conditions and the complaint procedure before placing the order and has the opportunity to familiarize himself with them. In the case of personal collection of the goods from the Seller, the purchase contract is only concluded when the full purchase price is paid and the goods are taken over by the Buyer.

The Seller reserves the right to cancel the order or part of it before the conclusion of the purchase contract in the following cases: the goods are no longer produced or delivered or the price of the goods supplier has changed significantly. If this happens, the Seller will immediately contact the Buyer to agree on further action. If the Buyer has already paid part or all of the purchase price, this amount will be returned to his account or address and the purchase contract will not be concluded.

Consumer rights cannot be asserted on gifts that are provided completely free of charge. These goods comply with the terms of the gift contract and all standards according to the applicable legislation of the Czech Republic.


Contradiction to the purchase agreement

If the item does not correspond to the purchase agreement when it is accepted by the buyer (hereinafter referred to as "contradiction to the purchase agreement"), the buyer has the right to demand that the seller restore the item to a corresponding condition, to terminate the purchase agreement free of charge and without undue delay, if the buyer so requests, either by replacement or repair; if such a procedure is not possible, the buyer can demand an appropriate discount on the purchase price or withdraw from the contract. This does not apply if the buyer already knew about the breach of contract before taking over the item or caused the breach of contract himself. A contradiction to the purchase agreement that occurs within six months from the day of taking over the item is considered

Contradiction that already existed at the time of receipt, unless this contradicts the nature of the matter or the opposite is proven.

 

The consumer's right to withdraw from the contract

If the purchase contract is concluded by means of distance communication (in the online store), the consumer has the right to withdraw from the contract within 14 days of receiving the goods in accordance with Section 53 paragraph 7 of the Civil Code. In this case, the consumer contacts the seller and declares in writing that he is withdrawing from the contract, stating the order number, the date of purchase and the account number for the refund. Withdrawal from the contract must take place no later than the last day of the 14-day period.

Withdrawals and shipments of goods should be sent to:


LUMINEX, spol. s.r.o.

Petra Rezko 10/1203

140 00 Prague 4

However, this legal provision cannot be understood as an opportunity to borrow goods free of charge. If the right of withdrawal is exercised within 14 days of taking over the service, the consumer must hand over to the provider everything that he has received under the purchase contract. The goods can only be taken back if they do not show any signs of use or wear and tear and are in the original, undamaged packaging.

In addition, the seller can offset the costs actually incurred in connection with the return of the goods against the purchase price to be refunded to the buyer.

The consumer's right to withdraw from the contract does not apply to contracts:

• for the delivery of goods or services whose price depends on fluctuations in the financial market, regardless of the will of the seller, for the delivery of goods that have been modified according to the wishes of the buyer or for his person, as well as goods that are subject to rapid deterioration, wear or obsolescence.


Rights arising from defective performance

We hereby inform the consumer that according to Section 2165 paragraph 1 of the Civil Code, the buyer is entitled to assert the right due to a defect that occurs in the consumer goods within twenty-four months of receipt; Section 2167 of the Civil Code, according to which the provision of Section 2165 does not apply a) to an item sold at a lower price, in the case of a defect for which a lower price was agreed, b) in the case of wear and tear of the item, c) a used item has a defect that corresponds to the degree of use or wear that the item had when it was taken over by the buyer, or d) if this arises from the nature of the item; according to Section 2169 paragraph 1 of the Civil Code, according to which the buyer, if the item does not have the properties specified in Section 2161, can also demand the delivery of a new defect-free item if this is not unreasonable given the nature of the defect, but if the defect affects only part of the item. the buyer can only request the replacement delivery of the part; if this is not possible, he can withdraw from the contract; however, if this is disproportionate given the nature of the defect, in particular if the elimination of the defect is possible without culpable delay, the buyer has the right to have the defect eliminated free of charge; pursuant to Section 2169 paragraph 2 of the Civil Code, according to which, even in the case of a remediable defect, the buyer has the right to a new thing or a replacement part if he cannot use the thing properly due to the repeated occurrence of the defect after repair or due to a larger number of defects; in this case, the buyer also has the right to withdraw from the contract; Section 2171 of the Civil Code, according to which, if the thing has a defect for which the seller is liable, and if the thing is sold at a lower price or as a used thing, the right to exchange the item is replaced by the right to a reasonable discount; with Section 2172 of the German Civil Code, according to which the rights in the event of defects are vested in the seller from whom the item was purchased; However, if the confirmation pursuant to Section 2166 names another person in charge of the repair who is located at the seller's location or at a location closer to the buyer, the buyer exercises the right to have the repair carried out by the person in charge of the repair; the person designated for the repair carries out the repair within the period agreed between the seller and the buyer when purchasing the item; with Section 2161, paragraph 2 of the German Civil Code, according to which if a defect becomes apparent within six months of receipt, it is assumed that the item was already defective at the time of receipt; according to Section 1923 of the German Civil Code, according to which the buyer can, if the defect is remedied, either demand that the defect be repaired or supplemented or that the defect be remedied or that the price be reduced accordingly if the defect cannot be remedied. If the item is not in good condition, the buyer can demand that the defect be repaired or supplemented or that the defect be remedied properly usable, the buyer may, at his discretion, withdraw from the contract or request an appropriate price reduction; with Section 1924 of the Civil Code, according to which anyone who has a right under Section 1923 is also entitled to reimbursement of the costs he intentionally incurred in exercising this right; However, if he does not assert the claim for damages within one month after the expiry of the period for complaining about the defect, the court will not grant the claim if the seller objects that the claim for damages was not exercised in a timely manner.

 

Shipping and payment

The method of delivery of the goods depends on the choice of the buyer when he chooses the method of delivery of the goods in the order.

The goods delivered by the carrier are always packed by the seller in protective packaging in the usual way to prevent damage to the goods if the protective packaging is used, or their print or description may not correspond to the delivered goods. The delivered goods are always marked with a label on the protective packaging informing the buyer about the contents of the shipment. Protective packaging for the transport of goods is intended for single use and is not taken back.

In the event of refusal to accept the goods sent by the carrier on the basis of a valid order confirmed by the seller for reasons other than legal ones, the seller is entitled to demand compensation from the buyer for the damage incurred.

Before accepting the delivered goods from the transport service provider, the customer is obliged to immediately inspect the goods and in the event of damage to the goods, not to accept the shipment or to complain to the transport service provider and subsequently to LUMINEX.

For orders over CZK 10,000 including VAT, a deposit of 50% of the total order value is required for the delivery of the goods.

According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the sales received online with the tax administration; in the event of a technical failure, within 48 hours at the latest.

The customer expressly agrees to receive an electronic receipt for payments recorded in EET in accordance with the Sales Registration Act (Act No. 112/2016 Coll.).


Protection of personal data

Provisions on the protection of privacy and personal data in connection with the use of the website and the newsletter subscription service can be found on the "Protection of personal data" page and the "Cookies" page.


Complaints

The exact procedure for complaints and the procedure for handling them is regulated by the Complaints Regulations.

 

Return of electrical equipment

The specific amount of the surcharges and places for the return of used electrical equipment can be found on the websites of organizations that operate collective systems for the separate collection, return, processing, use and disposal of electrical equipment and electronic waste: REMA Systém, as. – Group 3, 4 and 5.


Final provisions

The General Terms and Conditions apply as they are stated on the Seller's website on the day of the conclusion of the purchase contract. After confirmation, the consumer's order is archived as a concluded contract between the Buyer and the Seller for the purpose of its fulfillment and other records and its status is visible to the Buyer. The conclusion of the contract can be made in Czech or in other languages, unless this is the reason for the impossibility of concluding the contract. By making the purchase, the Customer agrees to receive commercial communications.

These General Terms and Conditions allow the Consumer to archive and copy them. By concluding the purchase contract, the Buyer accepts all provisions of the General Terms and Conditions in the version valid on the day the order is sent, including the price of the ordered goods stated in the confirmed order, unless it can be proven that otherwise has been agreed in a specific case.


These General Terms and Conditions come into force on 30 May 2012 and completely replace the General Terms and Conditions of 22 February 2010.

 

Luminex s.r.o

Adresse: LUMINEX, spol. s r.o.
Petra Rezka 10/1203
140 00 Praha 4
Telefon: + 420 261 090 953
E-mail: info @luminex.cz
e-Shop: www.luminex.cz
USt.IdNr.: CZ41191455  

     


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