Terms and Conditions
A natural person engaged in business under the Trade Licensing Act, František Svoboda, with registered office at Hradčany 30, 798 07 Hradčany-Kobeřice, Identification Number: 21129711, registered in the Trade Register maintained by the Municipal Authority of the City of Prostějov, for the sale of goods through an online shop located at the internet address www.lupeni-craft.eu and for individual custom sales.
NOTE
This English version is an AI-generated translation for convenience only. The Czech version is the official and legally binding document. Any discrepancies will be resolved in favour of the Czech text. We do not guarantee the accuracy of this translation and are not liable for any errors or misunderstandings arising from it. By making a purchase, you agree that the Czech terms and conditions are binding. This does not affect your statutory rights as a consumer under Czech and EU law.
PART A – CONSUMER
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") of the natural person engaged in business under the Trade Licensing Act, František Svoboda, with registered office at Hradčany 30, 798 07 Hradčany-Kobeřice, Identification Number: 21129711, registered in the Trade Register maintained by the Municipal Authority of the City of Prostějov (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 shop. The online shop is operated by the Seller on the website located at the internet address www.lupeni-craft.eu (hereinafter referred to as the "Website"), through the website interface (hereinafter referred to as the "Shop Website Interface").
1.2. The Business Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of ordering goods as part of their business activities or in the course of their independent professional practice.
1.3. Provisions differing from the Business Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating agreements in the Purchase Agreement take precedence over the provisions of the Business Terms and Conditions.
1.4. The provisions of the Business Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are drawn up in Czech and English. The Purchase Agreement may be concluded in Czech and English.
1.5. The Seller may amend or supplement the wording of the Business Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Business Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may place orders for goods (hereinafter referred to as the "User Account"). If the Shop Website Interface allows, the Buyer may also place orders for goods without registration directly from the Shop Website Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account in the event of any changes. 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 their User Account.
2.4. The Buyer is not authorized to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer does not use their User Account for more than 3 years, or if the Buyer violates their obligations under the Purchase Agreement (including the Business Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be continuously available, especially due to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The Shop Website Interface contains information about the goods, including the prices of individual goods and the costs of returning the goods, if such goods cannot be returned by the usual postal route due to their nature. The prices of the goods are stated including value-added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the Shop Website Interface. The prices of the goods are not adjusted to the Buyer based on automated decision-making. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed terms.
3.2. The Shop Website Interface also contains information about the costs associated with packaging and delivery of the goods and the method and time of delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated in the Shop Website Interface applies only in cases where the goods are delivered within the territory of the Czech Republic. If the Seller offers free delivery of the goods, the condition for the Buyer's right to free delivery of the goods is the payment of the minimum total purchase price of the delivered goods in the amount specified in the Shop Website Interface. If the Buyer partially withdraws from the Purchase Agreement and the total purchase price of the goods for which the Buyer has not withdrawn from the agreement does not reach the minimum amount required for the right to free delivery of the goods according to the previous sentence, the Buyer's right to free delivery of the goods ceases and the Buyer is obliged to pay the Seller for the delivery of the goods.
3.3. To order goods, the Buyer fills out the order form in the Shop Website Interface. The order form contains, in particular, information about:
3.3.1. the ordered goods (the Buyer "adds" the ordered goods to the electronic shopping cart of the Shop Website Interface),
3.3.2. the method of payment of the purchase price of the goods, data on the requested 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 input data they have entered into the Order, including the possibility for the Buyer to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the "Complete Order" button. The data provided in the Order are considered correct by the Seller. The Seller immediately confirms the receipt of the Order to the Buyer by email, to the Buyer's email address provided in the User Account or in the Order (hereinafter referred to as the "Buyer's Email Address").
3.5. The contractual relationship between the Seller and the Buyer arises upon the delivery of the Order to the Buyer, except in cases where the stock is exhausted or the Seller loses the ability to fulfill the order.
3.6. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (Internet connection costs, telephone call costs) are borne by the Buyer themselves, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller in the following ways:
4.1.1. in cash on delivery at the place specified by the Buyer in the Order;
4.1.2. cashless by payment card;
4.1.3. in cash or by payment card upon personal collection at the parcel collection point.
4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or any similar payment from the Buyer. This does not affect the provision of Article 4.6 of the Business Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment, cash on delivery, or at the parcel collection point, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within three (3) days of the conclusion of the Purchase Agreement.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
4.6. The Seller is entitled to request payment of the entire purchase price before sending the goods to the Buyer. The provision of Section 2119(1) of the Civil Code does not apply.
4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is customary in business or is so stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice regarding payments made on the basis of the Purchase Agreement to the Buyer. The Seller is not a VAT payer. The Seller shall issue a tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's email address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the delivery of:
5.1.1. goods made according to the Buyer's requirements or customized to their personal needs,
5.1.2. goods that are subject to rapid deterioration, or goods with a short shelf life, as well as goods that have been irreversibly mixed with other goods after delivery due to their nature,
5.1.3. goods in sealed packaging that, for health protection or hygiene reasons, are not suitable for return after the Buyer has broken the seal, and
5.1.4. audio or video recordings or computer programs in sealed packaging if the Buyer has broken the seal.
5.2. Unless it is a case referred to in Article 5.1 of the Business Terms and Conditions or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right, in accordance with the provisions of Section 1829(1) and (2) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days from the day on which the Buyer or a third party designated by them, other than the carrier, takes possession of the goods, or:
5.2.1. the last item of goods, if the Buyer orders several items of goods in one order that are delivered separately,
5.2.2. the last item or part of the delivery of goods consisting of several items or parts, or
5.2.3. the first delivery of goods, if the contract provides for regular delivery of goods for a specified period.
5.3. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in Article 5.2 of the Business Terms and Conditions. For withdrawal from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which forms an annex to the Business Terms and Conditions. The withdrawal from the Purchase Agreement may be sent by the Buyer, among other things, to the address of the Seller's business premises or to the Seller's email address.
5.4. In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is canceled from the beginning. The Buyer shall send or deliver the goods back to the Seller without undue delay, no later than fourteen (14) days from the withdrawal from the contract, unless the Seller has offered to collect the goods themselves. The period according to the previous sentence is observed if the Buyer sends the goods before its expiration. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, even in cases where the goods cannot be returned by the usual postal route due to their nature.
5.5. In the event of withdrawal from the Purchase Agreement according to Article 5.2 of the Business Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when the goods are returned by the Buyer or in another manner, if the Buyer agrees and no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Seller receives the goods, or before the Buyer proves that they have sent the goods back, whichever occurs first.
5.6. The Seller is entitled to unilaterally offset the claim for damages incurred on the goods against the Buyer's claim for the return of the purchase price.
5.7. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time, up to the time the goods are taken over by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, and this shall be done cashlessly to the account designated by the Buyer.
5.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such a gift loses its effect and the Buyer is obliged to return the provided gift to the Seller together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is agreed upon based on a special request from 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 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.
6.3. If it is necessary to deliver the goods repeatedly or in a different manner than specified in the Order due to reasons on the Buyer's side, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier of any defects. If the Buyer finds that the packaging has been broken, indicating unauthorized entry into the shipment, the Buyer is not obliged to accept the shipment from the carrier. This does not affect the Buyer's rights arising from liability for defects in the goods and other rights of the Buyer arising from generally binding legal regulations.
6.5. Further rights and obligations of the parties regarding the transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
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 legal regulations (especially the provisions of Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. If the subject of the purchase is a tangible movable item that is connected to digital content or a digital content service in such a way that it could not fulfill its functions without them (hereinafter referred to as an "Item with Digital Elements"), the provisions regarding the Seller's liability for defects also apply to the provision of digital content or digital content service, even if it is provided by a third party. This does not apply if it is clear from the content of the Purchase Agreement and the nature of the item that they are provided separately.
7.3. The Seller guarantees to the Buyer that the item does not have defects at the time of acceptance. In particular, the Seller guarantees to the Buyer that the item:
7.3.1. corresponds to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties,
7.3.2. is suitable for the purpose for which the Buyer requires it and with which the Seller has agreed, and
7.3.3. is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.
7.4. In addition to the agreed properties, the Seller guarantees to the Buyer that the item:
7.4.1. is suitable for the purpose for which items of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards, or codes of conduct of the given industry, unless there are no technical standards,
7.4.2. corresponds in quantity, quality, and other properties, including durability, functionality, compatibility, and safety, to the usual properties of items of the same type that the Buyer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, especially through advertising or labeling, unless the Seller proves that they were not aware of it or that it was adjusted at least in a comparable manner to how it was made at the time of the conclusion of the Purchase Agreement, or that it could not have influenced the purchase decision,
7.4.3. is delivered with accessories, including packaging, assembly instructions, and other usage instructions that the Buyer can reasonably expect, and
7.4.4. corresponds in quality or execution to the sample or template provided by the Seller to the Buyer before the conclusion of the Purchase Agreement.
7.5. The Seller is not bound by a public statement according to Article 7.4.2 of the Business Terms and Conditions if they prove that they were not aware of it or that it was adjusted at least in a comparable manner to how it was made at the time of the conclusion of the contract, or that it could not have influenced the purchase decision. The provision of Article 7.4 of the Business Terms and Conditions does not apply if the Seller has specifically warned the Buyer before the conclusion of the Purchase Agreement that a certain property of the item differs and the Buyer has explicitly agreed to this when concluding the Purchase Agreement.
7.6. The Seller is also liable to the Buyer for a defect caused by incorrect assembly or installation carried out by the Seller or on their responsibility according to the Purchase Agreement. This also applies if the assembly or installation was carried out by the Buyer and the defect occurred as a result of a deficiency in the instructions provided by the Seller or the provider of digital content or digital content service, in the case of an item with digital elements.
7.7. If a defect manifests itself within one year of acceptance, it is assumed that the item was defective at the time of acceptance, unless the nature of the item or the defect excludes this. This period does not run during the time the Buyer cannot use the item if the defect was rightfully claimed.
7.8. If the subject of the purchase is an item with digital elements, the Seller shall ensure that the Buyer is provided with the agreed updates of the digital content or digital content service. In addition to the agreed updates, the Seller shall ensure that the Buyer is provided with updates that are necessary for the item to maintain the properties according to Articles 7.3 and 7.4 of the Business Terms and Conditions after acceptance, and that the Buyer is notified of their availability:
7.8.1. for a period of two years, if the digital content or digital content service is to be provided continuously for a certain period according to the Purchase Agreement, and if a provision period longer than two years is agreed, for the entire period,
7.8.2. for a period that the Buyer can reasonably expect, if the digital content or digital content service is to be provided once according to the Purchase Agreement; this is assessed according to the type and purpose of the item, the nature of the digital content or digital content service, and taking into account the circumstances at the time of the conclusion of the Purchase Agreement and the nature of the obligation.
7.9. The provision of Article 7.8 of the Business Terms and Conditions does not apply if the Seller has specifically warned the Buyer before the conclusion of the Purchase Agreement that updates will not be provided and the Buyer has explicitly agreed to this when concluding the Purchase Agreement.
7.10. If the Buyer does not perform the update within a reasonable time, they do not have rights from a defect that arose only as a result of the unperformed update. This does not apply if the Buyer was not notified of the update or the consequences of not performing it, or if the Buyer did not perform the update or performed it incorrectly due to a deficiency in the instructions. If the digital content or digital content service is to be provided continuously for a certain period according to the Purchase Agreement and a defect manifests itself or occurs during the period according to Articles 7.8.1 and 7.8.2 of the Business Terms and Conditions, it is assumed that the digital content or digital content service is provided defectively.
7.11. The Buyer may claim a defect that manifests itself on the item within two years of acceptance. If the subject of the purchase is an item with digital elements and the digital content or digital content service is to be provided continuously for a certain period according to the Purchase Agreement, the Buyer may claim a defect that occurs or manifests itself within two years of acceptance. If the performance is to be provided for a period longer than two years, the Buyer has the right to claim a defect that occurs or manifests itself during this period. The court will grant the right from the defect even if it was not claimed without undue delay after the Buyer could have discovered it with due care. If the Buyer rightfully claims a defect to the Seller, the period for claiming a defect in the item does not run during the time the Buyer cannot use the item.
7.12. The Buyer does not have the right from defective performance if they caused the defect themselves. Wear and tear of the item caused by its normal use or, in the case of a used item, wear and tear corresponding to the degree of its previous use is not considered a defect.
7.13. If the item has a defect, the Buyer may request its removal. At their discretion, they may request the delivery of a new item without defects or the repair of the item, unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other; this is assessed especially with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the Buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the item would have without the defect.
7.14. The Seller shall remove the defect within a reasonable time after it has been claimed so as not to cause significant difficulties to the Buyer, taking into account the nature of the item and the purpose for which the Buyer purchased the item. The Seller shall take over the item for defect removal at their own expense. If the removal of the defect requires the dismantling of the item, whose assembly was carried out in accordance with the nature and purpose of the item before the defect manifested itself, the Seller shall dismantle the defective item and assemble the repaired or new item or reimburse the costs associated therewith.
7.15. The Buyer may request a reasonable discount (a reasonable discount is determined as the difference between the value of the item without defects and the defective item received by the Buyer) or withdraw from the Purchase Agreement if:
7.15.1. the Seller refused to remove the defect or did not remove it in accordance with Article 7.14 of the Business Terms and Conditions,
7.15.2. the defect manifests itself repeatedly,
7.15.3. the defect is a material breach of the Purchase Agreement, or
7.15.4. it is clear from the Seller's statement or the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the Buyer.
7.16. If the defect in the item is insignificant, the Buyer cannot withdraw from the Purchase Agreement (within the meaning of Article 7.15 of the Business Terms and Conditions); it is assumed that the defect in the item is not insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller shall return the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves that they have sent the item back.
7.17. A defect may be claimed to the Seller from whom the item was purchased. However, if another person is designated for the repair, who is located at the Seller's place or at a place closer to the Buyer, the Buyer shall claim the defect to the person designated to carry out the repair. Until the Seller fulfills their obligations from defective performance, the Buyer does not have to pay the unpaid purchase price or part thereof.
7.18. Except in cases where another person is designated to carry out the repair, the Seller is obliged to accept the complaint at any of their business premises where it is possible to accept the complaint with regard to the range of products sold or services provided, or at their registered office. The Seller is obliged to issue the Buyer with a written confirmation upon claiming the complaint, stating the date on which the Buyer claimed the complaint, its content, the method of complaint resolution requested by the Buyer, and the Buyer's contact details for the purpose of providing information on the complaint resolution. This obligation also applies to other persons designated to carry out the repair.
7.19. The complaint, including the removal of the defect, must be resolved and the Buyer must be informed of this no later than thirty (30) days from the date of claiming the complaint, unless the Seller agrees with the Buyer on a longer period. If the subject of the obligation is the provision of digital content, including digital content delivered on a physical medium, or a digital content service, the complaint must be resolved within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the Buyer requested it.
7.20. After the expiry of the period according to Article 7.19 of the Business Terms and Conditions, the Buyer may withdraw from the Purchase Agreement or request a reasonable discount.
7.21. The Seller is obliged to issue the Buyer with a confirmation of the date and method of complaint resolution, including confirmation of the repair carried out and the duration of the repair, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
7.22. The rights from liability for defects in the goods may be specifically claimed by the Buyer by email at info@lupeni-craft.eu.
7.23. Anyone who has the right from defective performance is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the Buyer does not claim the right to compensation within one month after the expiry of the period in which the defect must be claimed, the court will not grant the right if the Seller objects that the right to compensation was not claimed in time. The right from defective performance does not exclude the right to compensation for damages; however, what can be achieved by exercising the right from defective performance cannot be claimed on another legal basis.
7.24. Further rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.
7.25. The Seller or another person may provide the Buyer with a quality guarantee beyond their statutory rights from defective performance.
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 Seller is not bound to the Buyer by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.
8.3. The handling of consumer complaints is ensured by the Seller via email. Complaints can be sent to the Seller's email address. Information on the resolution of the Buyer's complaint will be sent by the Seller to the Buyer's email address. No other rules for handling complaints are set by the Seller.
8.4. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, Nové Město, 120 00 Prague 2, ID No.: 000 20 869, website: https://coi.gov.cz/mimosoudni-reseni-spotrebitelskych-sporu-adr, is competent for the out-of-court resolution of consumer disputes arising from the Purchase Agreement.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6. The Buyer may contact the supervisory or state supervisory authority with a complaint. The Seller is authorized to sell goods based on a trade license. Trade control is carried out by the competent trade licensing office within its scope of activity. The Office for Personal Data Protection exercises supervision over the area of personal data protection. The Czech Trade Inspection Authority, within the defined scope, also supervises compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The Seller fulfills their information obligation to the Buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiating the Purchase Agreement, and for the purposes of fulfilling the Seller's public law obligations through a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on the Amendment of Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's email address or telephone number. The Seller fulfills their information obligation to the Buyer under Article 13 of the GDPR related to the processing of the Buyer's personal data for the purposes of sending commercial communications through a separate document.
10.2. The Seller fulfills their legal obligations related to the possible storage of cookies on the Buyer's device through a separate document.
11. DELIVERY
11.1. The Buyer may be delivered to the Buyer's email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the Buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legal order from which it is not possible to deviate by agreement and which would otherwise apply according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Business Terms and Conditions is invalid or ineffective, or becomes so, in place of the invalid provisions, a provision whose meaning is as close as possible to the invalid provision shall apply. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3. The Purchase Agreement, including the Business Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. The annex to the Business Terms and Conditions is a sample form for withdrawal from the Purchase Agreement.
12.5. Contact details of the Seller: email address info@lupeni-craft.eu. The Seller does not provide any other means of online communication.
PART B – ENTREPRENEUR
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions, Part "B" (hereinafter referred to as the "Business Terms and Conditions") govern the relationships in the delivery of Products defined below by František Svoboda, with registered office at Hradčany 30, 798 07 Hradčany-Kobeřice, Identification Number: 21129711, registered in the Trade Register maintained by the Municipal Authority of the City of Prostějov (hereinafter referred to as the "Seller") to the business partner-buyer who is not a consumer (hereinafter referred to as the "Buyer"), concluded under Act No. 89/2012 Coll., the Civil Code, and are binding for all business dealings with the Seller. Deviating written agreements of the parties take precedence over the provisions of these Business Terms and Conditions.
1.2. These Business Terms and Conditions apply to the ordering of products from the assortment listed and not listed on the Seller's website (hereinafter referred to as the "Products") through the online shop and its sales modules, orders sent by email or telephone. The conditions further define and specify the rights and obligations of the Seller and the Buyer and are an integral part of the individual purchase agreement in their current version.
1.3. The Seller delivers Products based on electronic, personal, or telephone orders and the Buyer's specifications from the completed form, which is available in the cart before sending the order.
2. DEFINITIONS OF BASIC TERMS
2.1. Order: means the acceptance of an inquiry from the Buyer in any form specified in Section 3, Article 1 of these Business Terms and Conditions.
2.2. Order Confirmation: means the communication of a message to the Buyer about the acceptance of their Order, thereby concluding an individual purchase agreement.
2.3. Seller's Contractual Partner: means a subject with whom the Seller has a contractual relationship based on which they purchase Products.
3. ORDER, CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The condition for the validity of an electronic, telephone, or personal Order is the completion or communication of all data and particulars prescribed by the form (especially name and surname/business name, valid and complete delivery postal address, telephone or email contact, ID, VAT ID, or other supplementary information) necessary for the successful processing of the Order.
3.2. The Order is a proposal for a purchase agreement. The purchase agreement is concluded upon the confirmation of a binding Order. The confirmation of the Order can also be considered its actual fulfillment by the Seller.
3.3. The Buyer is automatically informed by the Seller about the acceptance of the Order by email or telephone to the contact details provided by the Buyer. All accepted Orders are considered binding even if the Buyer does not make the payment of the pro forma invoice within the required period from the date of ordering.
3.4. Both the Buyer and the Seller have the right to submit a written proposal for a change to the purchase agreement or its cancellation within 24 hours of receiving the Order Confirmation. If they do not do so within the specified period, the purchase agreement between both parties is concluded in the form as stated in the Order Confirmation.
4. DELIVERY TERMS
4.1. The place of performance is the Buyer's registered office or the address specified in the Order.
4.2. The delivery of Products is considered to be their handover to the first carrier for transport to the Buyer, unless otherwise agreed by the parties.
4.3. For Orders of the type "advance payment pro forma invoice," the Seller shall deliver the Products to the Buyer within a maximum of 14 (fourteen) days from the payment of the pro forma invoice, but no later than within 1 month (for Products that are not currently in stock). If the Seller does not deliver the Products to the Buyer even within the period of one (1) month, the Buyer is entitled to withdraw from the contract and request the return of the paid deposit.
4.4. The Buyer will be informed about the status of the order by the Seller via email.
4.5. Products will be delivered in suitable packaging intended for the transport of shipments or other customary packaging.
4.6. The Seller reserves the right not to deliver ordered Products or part thereof that are not in stock and have not been delivered by the Seller's Contractual Partner after three repeated orders. In the case of non-delivery of part of the ordered Products by cash on delivery, the cash on delivery amount will be reduced by the non-delivered goods. In the case of "advance payment," a credit (overpayment) will be automatically created for the Buyer's next Orders. The Buyer may request the return of the overpayment in writing by letter or email (for legislative reasons, it is not possible to comply with telephone requests). The overpayment must be returned by the Seller to the Buyer's bank account no later than 30 days from the receipt of the written request. Non-delivered Products will no longer be recorded in the Order and will not be automatically sent.
5. PURCHASE PRICE, TAX DOCUMENTS, PAYMENT TERMS
5.1. The Seller offers the Buyer Products at sales prices valid on the date of the Order of Products, unless otherwise specified. The Seller may provide the Buyer with individual discounts on sales prices.
5.2. Sales prices may change. The Buyer is always subject to the price at the time of ordering or the price agreed in the proposal.
5.3. The Seller hereby reserves the right to continuously adjust the price of Products in connection with price adjustments by the Seller's Contractual Partners. Prices for ordered and confirmed Products or prices of Products agreed upon by an individual purchase agreement remain unaffected by these adjustments.
5.4. In the case of purchasing Products through the web interface, email Order, the Buyer is bound by the purchase prices valid on the date of confirmation of the order by the Seller, unless otherwise agreed for some Products.
5.5. For the delivery of Products according to the Buyer's request, the Buyer shall pay the Seller the purchase price, which can be paid by:
5.5.1. bank transfer to the Seller's account at Revolut Bank UAB
5.5.1.1. for payments in CZK: IBAN LT76 3250 0949 9932 5395, BIC REVOLT21;
5.5.1.2. for payments in EUR: IBAN LT76 3250 0949 9932 5395, BIC REVOLT21.
5.6. In the case of advance payment, the Buyer is sent a pro forma invoice with a due date of no later than fourteen (14) days from the order. If the Seller does not receive payment within one (1) month from the order, the Order is canceled and the Buyer is obliged to pay the costs associated with processing and preparing the Order (ordering goods, telephone calls, packaging, returning ordered goods to the Seller's Contractual Partner, postage, etc.).
5.7. The basis for payments for the delivered Products is a tax document with the particulars according to Section 29 of Act No. 235/2004 Coll., on Value Added Tax, as amended. The date of the taxable supply of the tax document is identical to the date of dispatch of the delivered goods, which may also be the date of handover of the goods to the first carrier. The due date of the tax document is set to fourteen (14) days from the date of its issuance, unless otherwise specified in the framework or purchase agreement.
5.8. The Buyer is obliged to provide the Seller with the required details when paying by bank transfer so that the payment can be properly identified by the Seller.
6. TRANSFER OF RISK OF DAMAGE TO PRODUCTS
6.1. If, based on the agreement of the contracting parties, the Seller's obligation is to send the Products to the place specified by the Buyer, the delivery of the Products is carried out by handing them over to the first carrier for transport. By handing over the Products to the first carrier, the risk of damage to the Products is transferred to the Buyer.
6.2. If, based on the agreement of the contracting parties, the Seller's obligation is to deliver the goods to the place specified by the Buyer through their own or contractual external transport means, the risk of damage to the Products is transferred to the Buyer at the moment of their acceptance from the crew of the Seller's transport means. The Seller is not liable for damage to the Products during unloading from the transport means if the unloading is carried out by the Buyer.
6.3. When handing over the Products at the Seller's point of sale, the risk of damage to the goods is transferred to the Buyer upon acceptance of the Products. The acceptance of the Products by the Buyer is confirmed by their signature on the invoice - tax document.
7. COMPLAINT CONDITIONS, LIABILITY FOR DEFECTS, WARRANTY
7.1. Unless otherwise specified, the Seller is liable to the Buyer for defects in the Products according to Sections 2099 et seq. of Act No. 89/2012 Coll., the Civil Code.
7.2. The Buyer is obliged to inspect the Products as soon as possible after the transfer of the risk of damage to the Products.
7.3. In the case of personal collection, the Buyer is obliged to inspect the Products immediately upon their acceptance. If the Buyer finds a defect in the Products, they are obliged to immediately notify the Seller of the detected defect at the point of sale. The Seller shall remove the detected and acknowledged defect free of charge and without undue delay by delivering the missing Products or delivering replacement Products for the defective Products. If it is not possible to remove the defect immediately, the Seller shall do so at the earliest possible date. The Seller shall inform the Buyer of this date.
7.4. When delivering Products to the Buyer through a transport service, the Buyer is obliged to claim rights from defects in quantity, type, condition (damage) of the Products within 3 working days from the acceptance of the Products from the transport service. If the Products are damaged or incomplete, the Buyer is obliged to provide the Seller with a protocol on the damage or loss of goods, which the Buyer and a representative of the transport service shall jointly draw up. The Buyer is obliged to claim rights for defects within the specified period to the Seller in writing, with a description of the defect and a protocol on the damage or loss of goods. In the case of a defect in the type of Products, the Buyer is entitled to request the delivery of replacement Products only if the defective Products are returned to the Seller in their original packaging, including accessories. The Seller shall remove the detected and acknowledged defect free of charge and without undue delay by delivering the missing Products or delivering replacement Products for the defective Products. If it is not possible to remove the defect immediately, the Seller shall do so at the earliest possible date. The Seller shall inform the Buyer of this date.
7.5. The Seller is not liable to the Buyer for damage caused by a defect in the Products.
7.6. The Seller draws the Buyer's attention to the fact that it is not possible to withdraw from the purchase agreement for customized products.
8. PERSONAL DATA PROTECTION
8.1. The Seller processes the Buyer's personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as the "PDPA"), fully respecting the obligations of the administrator under Section 5 of the PDPA. The processed data is fully protected by a functional internal data protection system (a set of internal organizational and technical measures).
9. FINAL PROVISIONS
9.1. All deliveries of Products realized by an individual purchase agreement, concluded for precisely specified Products and their price, shall be governed by the valid Framework Purchase Agreement concluded between the Seller and the Buyer.
9.2. Individual written purchase agreements shall be signed by persons authorized to do so for each party, according to mutual written notification.
9.3. Any amendments to the Framework Purchase Agreement must be made in writing and approved by the signature of both parties and shall become an integral part thereof.
9.4. The Buyer declares that they are able to fulfill their due obligations without limitation, especially that their property is not in a situation for which a special law stipulates the obligation to file a petition for the initiation of insolvency proceedings, is not a debtor in insolvency proceedings, an insolvency petition has not been dismissed due to the lack of the debtor's property, and also that no execution is being conducted on their property or it is not otherwise affected or limited by the enforcement of a decision.
9.5. The Buyer declares that they are capable of legal acts and further that the persons acting on their behalf in individual business cases are authorized to do so.
9.6. The Buyer may not, without the prior written consent of the Seller, transfer, assign, or cede to any third party any of their obligations or rights arising from the Framework Purchase Agreement or part thereof.
9.7. The Buyer is liable for damage that would be caused by any untruthfulness or inaccuracy of the statements made in this article or violation of the obligations stated herein or any other obligations from the Framework Purchase Agreement.
9.8. All contractual relationships that have already arisen and still exist, or will arise in the future between the Seller and the Buyer, are governed by these Business Terms and Conditions.
9.9. Individual descriptions and photographs of Products are informative and may therefore be subject to content changes.
10. LICENSE
10.1. Copyrights, as well as other intellectual property rights related to software products, including manuals, guides, and other documents distributed with software products, remain the property of the respective entities as their holders and are not affected by this contractual relationship. The Buyer only acquires a non-exclusive right to use the software products.
10.2. The Buyer is not authorized to remove, modify, cover, or otherwise interfere with any copyright or other markings of the respective entities placed or stored on software products, or any part thereof, or documentation distributed with software products.
11. VALIDITY OF THE BUSINESS TERMS AND CONDITIONS
11.1. These Business Terms and Conditions are valid in the version published on the Seller's website on the day the electronic order is sent by the Buyer. By sending an electronic order, the Buyer accepts all provisions of the Business Terms and Conditions in the version valid on the day the order is sent, as well as the valid price of the ordered goods, unless otherwise demonstrably agreed in a specific case.
11.2. All agreements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.
11.3. All rights to the Seller's website, especially copyrights to the content, including the layout of the page, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or its part without the Seller's consent.
11.4. The Seller is not responsible for errors caused by interventions of third parties in the online shop or by its use in contradiction to its purpose. The Buyer may not use procedures when using the online shop that could negatively affect its operation and may not perform any activity that would allow them or third parties to unauthorizedly interfere or use the software equipment or other components of the online shop and use the online shop or its parts or software equipment in a manner that would be in contradiction to its purpose or intention.
11.5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
11.6. The purchase agreement, including the Business Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.7. The Seller may amend or supplement the wording of the Business Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Business Terms and Conditions.
ATTACHMENTS
These Terms and Conditions take effect on 11 February 2026.
Last updated on 11 February 2026.