General Terms and Conditions

General Terms and Conditions

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

The terms and conditions define and specify the rights and obligations of the seller, 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 in Section C., Insert 4741 at the Registry Court in Prague, and the buyer (customer, consumer).

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

Definitions

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

The seller is the commercial 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 party that acts within the scope of its commercial or other business activities when concluding and performing a contract. It is an entrepreneur that supplies products or provides services to the buyer directly or through other entrepreneurs.

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

A consumer buyer, or simply a consumer, is a person who, when concluding and performing a contract, is not acting within the scope of their commercial or other business activities.

A buyer who is not a consumer is an entrepreneur who purchases products or uses services in order to do business with these products or services. The buyer is subject to the General Terms and Conditions, insofar as they apply to them, and the Commercial Code.

Purchase agreement

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

By concluding the purchase contract, the buyer confirms that they have familiarized themselves with these terms and conditions, including the complaints procedure, and that they agree with them. Before placing the order, the buyer will be sufficiently informed about these terms and conditions and the complaints procedure and will have the opportunity to familiarize themselves with them. If the goods are collected in person from the seller, the purchase contract is only concluded when the full purchase price has been paid and the goods have been taken over by the buyer.

The seller reserves the right to cancel the order or part thereof 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. Should this occur, the seller will contact the buyer immediately to agree on how to proceed. If the buyer has already paid part or all of the purchase price, this amount will be refunded to their 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 in accordance with the applicable legislation of the Czech Republic.

Objection to the purchase agreement

In the event that the item does not comply with the purchase agreement upon acceptance 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, terminate the purchase contract free of charge and without undue delay, if the buyer so requests, either by replacement delivery or repair; if such a course of action is not possible, the buyer may demand a reasonable discount on the purchase price or withdraw from the contract. This does not apply if the buyer was already aware of the breach of contract before taking delivery of the item or caused the breach of contract themselves. An objection to the purchase contract that arises within six months of the date of delivery of the item is deemed to have existed at the time of delivery, unless this is contrary to the nature of the item or the contrary 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 shop), the consumer has the right to withdraw from the contract within 14 days of receiving the goods in accordance with Section 53 (7) of the German Civil Code (BGB). In this case, the consumer shall contact the seller and declare in writing that they are 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 must 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 receipt of the goods, the consumer must return to the supplier everything that they received under the purchase contract. Goods can only be returned if they show no signs of use or wear and tear and are in their original, undamaged packaging.

In addition, the seller may offset the actual costs 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 seller's will,
• for the delivery of goods that have been modified according to the buyer's wishes or for his person, as well as goods that are subject to rapid deterioration, wear and tear, or obsolescence.

Rights arising from defective performance

We hereby inform the consumer that, in accordance with Section 2165 (1) of the German Civil Code, the buyer is entitled to assert their rights in respect of a defect in consumer goods within twenty-four months of receipt; Section 2167 BGB, 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 and tear that the item had when it was taken over by the buyer, or d) if this results from the nature of the item; in accordance with § 2169 (1) BGB, according to which the buyer, if the item does not have the characteristics specified in § 2161, may also demand the delivery of a new item free of defects, if this is not unreasonable given the nature of the defect, but if the defect only affects part of the item. The buyer may only demand replacement delivery of the part; if this is not possible, he may withdraw from the contract; however, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without culpable delay, the buyer has the right to have the defect remedied free of charge; According to Section 2169 (2) of the German Civil Code, the buyer also has the right to demand delivery of a new item or replacement of a part in the case of a remediable defect if he cannot use the item properly due to repeated occurrence of the defect after repair or due to a large number of defects; in this case, the buyer also has the right to withdraw from the contract. § 2171 BGB, according to which, if the item has a defect for which the seller is liable and if the item is sold at a lower price or as a used item, the right to exchange the item is replaced by the right to a reasonable price reduction; § 2172 BGB, according to which the rights in respect of defects are vested in the seller from whom the item was purchased; However, if the confirmation pursuant to § 2166 names another person commissioned to carry out the repair who is located at the seller's place of business or at a place closer to the buyer, the buyer shall exercise the right to repair with the person commissioned to carry out the repair; the person designated for the repair shall carry out the repair within the period agreed between the seller and the buyer at the time of purchase of the item; with § 2161 (2) BGB, according to which, if a defect becomes apparent within six months of acceptance, it is assumed that the item was already defective at the time of acceptance; pursuant to Section 1923 of the German Civil Code (BGB), according to which the buyer may demand either rectification of the defect or supplementation of the missing item or a reasonable price reduction if the defect cannot be rectified; if the item is no longer fit for its intended use, the buyer may, at his discretion, withdraw from the contract or demand a reasonable price reduction; 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 they have deliberately incurred in exercising this right; However, if he does not assert the claim for damages within one month after the expiry of the complaint period for the defect, the court will not grant the claim if the seller objects that the claim for damages was not exercised in time.

Shipping and payment

The method of delivery of the goods depends on the buyer's choice when selecting the method of delivery in the order.

Goods delivered by the carrier are always packed by the seller in protective packaging in the usual manner to prevent damage to the goods when the protective packaging is used, or your imprint or description may not correspond to the goods delivered. The delivered goods are always marked with a label on the protective packaging that informs the buyer about the contents of the shipment. Protective packaging for the transport of goods is intended for single use and will not be taken back.

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

Before accepting delivery of the goods from the transport service provider, the customer is obliged to inspect the goods immediately and, in the event of damage to the goods, to refuse delivery or to lodge a complaint with the transport service provider and subsequently with LUMINEX.

For orders over CZK 10,000 including VAT, a deposit of 50% of the total order value is required for 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, they are obliged to register the sales received online with the tax authorities; in the event of a technical failure, this must be done within 48 hours at the latest.

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

Protection of personal data

Provisions regarding 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.

Complaint

The exact procedure for complaints and the process for handling them is governed by the complaints regulations.

Return of electrical equipment

The specific amounts of the surcharges and locations for the return of used electrical appliances can be found on the websites of organizations that operate collective systems for the separate collection, return, processing, use, and disposal of electrical appliances and electronic waste: REMA System, als. – Groups 3, 4, and 5.

Final provisions

The General Terms and Conditions as stated on the seller's website on the day of the conclusion of the purchase contract apply. 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 contract may be concluded in Czech or in other languages, provided that this does not prevent the conclusion of the contract. By making a purchase, the customer agrees to receive commercial communications.

These General Terms and Conditions enable the consumer to archive and reproduce 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 placed, including the price of the ordered goods specified in the confirmed order, unless otherwise agreed in a specific case.

These General Terms and Conditions shall enter into force on May 30, 2012, and shall replace the General Terms and Conditions dated February 22, 2010, in their entirety

Luminex s.r.o