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    Terms and Conditions

    These General Terms and Conditions (“Terms”) of Lumark s.r.o., with its registered office at Bořivojova 878/35, Žižkov (Prague 3), 130 00 Prague, ID No. 27776425, registered in the Commercial Register under File No. C 246453 at the Municipal Court in Prague, e-mail: lumark@lumark.eu, phone number: 775 444 433, business premises address: Kováků 3210/26, Prague 5 (“We” or the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations between you, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded through the E-shop on the website www.lumark.cz.

    All information regarding the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here (link).

    The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms.

    As you know, we primarily communicate remotely. Therefore, it applies to our Agreement that means of distance communication are used, which allow us to reach an agreement without the simultaneous physical presence of Us and You; the Agreement is thus concluded in a distance manner in the E-shop environment, through the website interface (“E-shop web interface”).

    If any part of the Terms contradicts what we have jointly approved during your purchase process on Our E-shop, that specific agreement shall take precedence over the Terms.

    1. SOME DEFINITIONS
      • Price is the financial amount you will pay for the Goods;
      • Shipping Cost is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
      • Total Price is the sum of the Price and the Shipping Cost;
      • VAT is the value-added tax according to applicable legal regulations;
      • Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
      • Order is your binding proposal to conclude a Contract for the purchase of Goods with Us;
      • User Account is an account established based on the data provided by you, allowing for the storage of entered data and the history of ordered Goods and concluded Contracts;
      • You are the person purchasing on Our E-shop, referred to by legal regulations as the buyer;
      • Goods is everything you can buy on the E-shop.
    2. GENERAL PROVISIONS AND NOTICES
      • The purchase of Goods is only possible through the E-shop interface.
      • When purchasing Goods, it is your duty to provide Us with all information correctly and truthfully. We will therefore consider the information you provided in the Order to be correct and truthful.
      • On our E-shop, we also provide access to reviews of Goods made by other consumers. We ensure and check the authenticity of such reviews by linking reviews to specific orders; therefore, in the internal system, we see the linked order ID for each review, enabling us to verify and prove that the review comes from a real consumer.
    3. CONCLUSION OF THE AGREEMENT
      • The Agreement with Us can be concluded in the Czech language.
      • The Agreement is concluded remotely through the E-shop, whereby you bear the costs of using distance communication means. However, these costs do not differ from the basic rate you pay for using these means (especially for internet access); you should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to our use of distance communication means.
      • To conclude the Agreement, you need to create an Order on the E-shop. This proposal must include the following data:
        1. Information about the purchased Goods (you mark the Goods you are interested in buying on the E-shop by clicking "Add to Cart");
        2. Information about the Price, Shipping Cost, method of payment of the Total Price, and the required method of delivery of the Goods; this information will be entered during the creation of the Order within the user environment of the E-shop, while information about the Price, Shipping Cost, and Total Price will be provided automatically based on your chosen Goods, delivery method, and payment;
        3. Your identification and contact details used to deliver the Goods, especially name, surname, delivery address, phone number, and e-mail address.
      • During the creation of the Order, you can change and check the data until its completion. After performing the check, you complete the Order by pressing the button “Order with obligation to pay”. Before pressing the button, however, you must confirm your familiarity with and agreement to these Terms; otherwise, it will not be possible to complete the Order. A checkbox serves for confirmation and consent. After pressing the “Order with obligation to pay” button, all filled-in information will be sent directly to Us.
      • We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail message. The Terms in the version effective on the date of the Order, i.e., in the version attached to the confirmation e-mail, form an integral part of the Agreement. By confirming the Order, the Agreement between Us and You is concluded.
      • There may also be cases where we cannot confirm your Order. These are mainly situations where the Goods are not available or cases where you order a larger number of items than is allowed by us. However, we will always provide information about the maximum number of Goods in advance within the E-shop, so it should not be a surprise to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. In such a case, the Agreement is concluded when you confirm Our offer.
      • In the event that an obviously erroneous Price is stated within the E-shop or in the Order, we are not obliged to deliver the Goods to you for this Price even if you have received an Order confirmation and thus the Agreement was concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Agreement in a modified form compared to the Order. In such a case, the new Agreement is concluded when you confirm Our offer. An obvious error in Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or extra.
      • Once the Agreement is concluded, you are obligated to pay the Total Price.
      • If you have a User Account, you can place an Order through it. Even in such a case, however, you have the duty to check the correctness, truthfulness, and completeness of the pre-filled data. The method of creating an Order is identical to that of a buyer without a User Account; however, the advantage is that there is no need to repeatedly fill in your identification data.
      • In some cases, we allow a discount for the purchase of Goods. To provide a discount, you must fill in the data about this discount in the designated field within the Order proposal. If you do so, the Goods will be provided to you with a discount.
    4. USER ACCOUNT
      • Based on your registration within the E-shop, you can access your User Account.
      • When registering a User Account, it is your duty to provide all entered data correctly and truthfully and to update it in case of change.
      • Access to the User Account is secured by a username and password. Regarding these access details, it is your duty to maintain confidentiality and not provide these details to anyone. In the event that they are misused, we bear no responsibility for it.
      • The User Account is personal, and you are therefore not entitled to allow third parties to use it.
      • We may cancel your User Account, especially if you have not used it for more than **[Number]** months, or if you breach your obligations under the Agreement.
      • The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software equipment.
    5. PRICE AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP
      • The Price is always stated within the E-shop, in the Order proposal, and of course in the Agreement. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Agreement. The Shipping Cost, or the conditions under which shipping is free, is also stated within the Order proposal.
      • The Total Price is stated including VAT and all fees required by law.
      • We will require payment of the Total Price after the conclusion of the Agreement and before handing over the Goods. You can pay the Total Price in the following ways:
        1. By bank transfer. We will send you the information for making the payment within the Order confirmation. In case of payment by bank transfer, the Total Price is payable within 7 days.
        2. By card online. In such a case, the payment takes place via the GoPay payment gateway, while the payment is governed by the terms of this payment gateway, available at: [TO BE ADDED]. In case of online card payment, the Total Price is payable within 7 days.
        3. Cash on delivery. In such a case, payment occurs upon delivery of the Goods against the handover of the Goods. In case of cash on delivery, the Total Price is payable upon receipt of the Goods.
        4. Cash upon personal pickup. Goods can be paid for in cash in case of pickup at Our premises. In case of cash payment upon personal pickup, the Total Price is payable upon receipt of the Goods.
      • The invoice will be issued in electronic form after the Total Price is paid and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
      • Ownership rights to the Goods pass to you only after you pay the Total Price and take over the Goods. In the case of payment by bank transfer, the Total Price is paid by being credited to Our account; in other cases, it is paid at the moment the payment is made.
    6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE ITEM
      • The Goods will be delivered to you no later than within 14 days in the manner of your choice, while you can choose from the options:
        1. Personal pickup at Our premises in the list of premises;
        2. Personal pickup at the pickup points of the companies Zásilkovna, Uloženka;
        3. Delivery through the shipping companies Česká pošta, PPL CZ, DHL, Zásilkovna;
      • Goods can only be delivered within **[Country/Region]**.
      • The delivery time of the Goods always depends on its availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal pickup at the premises, we will always inform you about the possibility of picking up the Goods via e-mail.
      • After taking over the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and in case of any defects, immediately notify the carrier and Us. In the event that there was a defect in the packaging indicating unauthorized handling and entry into the shipment, it is not your duty to take over the Goods from the carrier.
      • In the event that you breach your obligation to take over the Goods, except for cases under Art. 6.4 of the Terms, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not take over the Goods is not a withdrawal from the Agreement between Us and You. However, in such a case, We have the right to withdraw from the Agreement due to your substantial breach of the Agreement, or to store the Goods, for which we are entitled to a fee from you in the amount of 100% [of the price/fixed amount]. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the claim for payment of the Shipping Cost or the claim for damages, if any arose.
      • If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than was agreed in the Agreement, it is your duty to compensate Us for the costs associated with this repeated delivery. The payment details for paying these costs will be sent to your e-mail address stated in the Agreement and are payable 14 days from the delivery of the e-mail.
      • The risk of damage to the Goods passes to you at the moment you take it over. In the event that you do not take over the Goods, except for cases under Art. 6.4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take it over, but due to reasons on your part, the takeover did not occur. The transfer of the risk of damage to the Goods means for you that from this moment you bear all consequences associated with loss, destruction, damage, or any devaluation of the Goods.
      • In the event that the Goods were not listed as in stock in the E-shop and an indicative availability time was stated, we will always inform you in case of:
        1. an extraordinary production outage of the Goods, while we will always tell you the new expected availability time or information that it will not be possible to deliver the Goods;
        2. delay in delivery of the Goods from Our supplier, while we will always tell you the new expected delivery time.
    7. RIGHTS FROM DEFECTIVE PERFORMANCE
      • We guarantee that at the time of transfer of risk of damage to the Goods according to Art. 6.7 of the Terms, the Goods are without defects, in particular that the Goods:
        1. correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;
        2. are suitable for the purpose for which you require them and with which we agree;
        3. are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
        4. are suitable for the purpose for which Goods of this kind are usually used;
        5. correspond in quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, to the usual characteristics of Goods of the same kind that you can reasonably expect, even with regard to public statements made by us or another person in the same contractual chain, especially by advertising or labeling;
        6. are delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and
        7. correspond in quality or design to the sample or model that was provided to you before the conclusion of the contract.
      • Rights and obligations regarding rights from defective performance are governed by relevant generally binding legal regulations (especially provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
      • In the event that the Goods have a defect, especially if any of the conditions under Art. 7.1 are not met, you can notify Us of such a defect and exercise rights from defective performance (i.e., claim the Goods) by sending an e-mail or letter to Our addresses stated in Our identification data, or personally at the address Kováků 3210/26, Prague 5. For a claim, you can also use the model form provided by Us, which forms Annex No. 1 of the Terms. When exercising the right from defective performance, you need to choose how you want to resolve the defect, while you cannot subsequently change this choice without Our consent. We will handle the claim in accordance with the right from defective performance exercised by you.
      • If the Goods have a defect, you have the following rights:
        1. to remove the defect by delivering new Goods without defect, or by delivering the missing part of the Goods; or
        2. to remove the defect by repairing the Goods,

    unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method, which shall be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for you.

    • We are entitled to 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 Goods would have without the defect.
    • Furthermore, you have the right to:
      1. a reasonable discount from the Price; or
      2. withdrawal from the Agreement,

    if:

    1. we refuse to remove the defect or do not remove it in accordance with legal regulations;
    2. the defect manifests itself repeatedly,
    3. the defect is a material breach of the Agreement; or
    4. it is obvious from our statement or from the circumstances that the defect will not be removed in a reasonable time or without significant difficulties for You.
    • The right to withdraw from the Agreement does not belong in the case that the defect of the Goods is insignificant.
    • In the event that you caused the defect on the Goods yourself, rights from defective performance do not belong to you.
    • A defect of the Goods is not wear and tear of the Goods caused by its usual use or, in the case of used Goods, wear and tear corresponding to the extent of its previous use.
    • Upon exercising a claim, we will issue a written confirmation for you, in which the following will be stated:
      1. the date when you exercised the claim;
      2. what is the content of the claim;
      3. what method of claim settlement you require;
      4. Your contact details for the purpose of providing information about the claim settlement.
    • Unless we agree on a longer period, within 30 days from receipt of the claim, we will remove the defects and provide you with information about the claim settlement to the stated contact details. If this period expires in vain, you may withdraw from the Agreement or demand a reasonable discount.
    • We will inform you about the settlement of the claim by e-mail and issue a confirmation of the date and method of settlement of the claim. If the claim is justified, you are entitled to compensation for purposefully incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of the price for transport. In the event that the defect was removed by delivering new Goods, it is your duty to return the original Goods to Us, however, We bear the costs for this return.
    • In the event that you are entrepreneurs, it is your duty to notify and point out the defect without undue delay after you could have discovered it, but no later than within three days from taking over the Goods.
    • In the event that you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from taking over the Goods.
    1. WITHDRAWAL FROM THE AGREEMENT
      • Withdrawal from the Agreement, i.e., termination of the contractual relationship between Us and You from its beginning, can occur for the reasons and in the ways stated in this article, or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.
      • In the event that you are a consumer, i.e., a person buying Goods outside the scope of your business activity, you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Agreement without giving a reason within a period of 14 days from the day of conclusion of the Agreement, or if it is a purchase of goods, then within fourteen days from its takeover. In the event that we have concluded an Agreement the subject of which is several items of Goods or delivery of several parts of Goods, this period begins to run only on the day of delivery of the last item or part of the Goods, and in the event that we have concluded an Agreement based on which we will deliver Goods to you regularly and repeatedly, it begins to run on the day of delivery of the first delivery.
      • You can withdraw from the Agreement in any demonstrable way (especially by sending an e-mail or letter to Our addresses stated in Our identification data). For withdrawal, you can also use the model form provided by Us, which forms Annex No. 2 of the Terms.
      • Even as a consumer, however, you cannot withdraw from the Agreement in cases where the subject of the Agreement is performance listed in Section 1837 of the Civil Code.
      • The period for withdrawal according to Art. 8.2 of the Terms is considered maintained if you send Us a notice that you are withdrawing from the Agreement during its course.
      • In case of withdrawal from the Agreement according to Art. 8.2 of the Terms, you are obliged to send the Goods to Us within 14 days from withdrawal and you bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to have Us return the Shipping Cost to you, but only in an amount corresponding to the cheapest offered method of delivery of Goods that we offered for delivery of the Goods. In case of withdrawal due to Our breach of the concluded Agreement, we also bear the costs associated with returning the goods to Us, but again only up to the amount of the Shipping Cost in an amount corresponding to the cheapest offered method of delivery of Goods that we offered during delivery of the Goods.
      • In case of withdrawal from the Agreement, the Price will be returned to you within 14 days from the day of effectiveness of the withdrawal to the account from which it was credited, or to the account chosen in the withdrawal from the Agreement. However, the amount will not be returned before we receive the Goods, or you prove to Us that it was sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
      • In case of withdrawal from the Agreement according to Art. 8.2 of the Terms, you are however responsible for the reduction in value of the Goods that arose as a result of handling these goods otherwise than is necessary to familiarize yourself with the nature, characteristics, and functionality of the Goods, i.e., in the way you would familiarize yourself with the Goods in a brick-and-mortar store. In the event that we have not yet returned the Price to you, we are entitled to set off the claim from the title of costs against your claim for the return of the Price.
      • We are entitled to withdraw from the Agreement at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period stated in Art. 6.1 of the Terms. We may also withdraw from the Agreement if it is obvious that you deliberately provided incorrect information in the Order. In the event that you purchase goods within your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without giving a reason.
    2. RESOLUTION OF DISPUTES WITH CONSUMERS
      • We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
      • We handle consumer complaints via the electronic address lumark@lumark.eu. Information about the settlement of the complaint will be sent to the buyer's electronic address.
      • The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes from the Agreement. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer who is a consumer from a purchase agreement concluded by electronic means.
      • The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz, is the 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 consumer ODR).
    3. FINAL PROVISIONS
      • If Our and Your legal relationship contains an international element (for example, we will be sending goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are consumers, your rights arising from legal regulations are not affected by this arrangement.
      • We will deliver all written correspondence to you by electronic mail. Our e-mail address is stated in Our identification data. We will deliver correspondence to your e-mail address stated in the Agreement, in the User Account, or through which you contacted us.
      • The Agreement can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms; this change will not affect already concluded Agreements, but only Agreements that will be concluded after the effectiveness of this change. However, we will inform you about the change only if you have a User Account created (so that you have this information in case you order new Goods; however, the change does not establish the right to termination, as we do not have a concluded Agreement that could be terminated), or if we are to deliver Goods to you regularly and repeatedly based on the Agreement. Information about the change will be sent to your e-mail address at least 14 days before the effectiveness of this change. If we do not receive a notice of termination of the concluded Agreement for regular and repeated deliveries of Goods from you within 14 days from sending information about the change, the new terms become part of our Agreement and will apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you submit a notice is 2 months.
      • In case of force majeure or events that cannot be predicted (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, both We and You have the right to withdraw from the Agreement.
      • An annex to the Terms is a model form for a claim and a model form for withdrawal from the Agreement.
      • The Agreement including the Terms is archived in electronic form with Us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by e-mail and thus you will always have access to the Agreement even without Our cooperation. We recommend always saving the Order confirmation and the Terms.
      • These Terms become effective on April 2026.

     

    ANNEX NO. 1 - CLAIM FORM

    Addressee: Lumark s.r.o., Kováků 3210/26, Prague 5, 150 00.

    Exercising a claim

    Date of conclusion of the Agreement:

     

    Name and surname:

     

    Address:

     

    E-mail address:

     

    Goods being claimed:

     

    Description of defects of the Goods:

     

    Proposed method for claim settlement:

     

    At the same time, I request the issuance of a confirmation of exercising the claim stating when I exercised this right, what the content of the claim is, what method of claim settlement I require, together with my contact details for the purpose of providing information about the settlement of the claim.

     

    Date:

    Signature:

    ANNEX NO. 2 - WITHDRAWAL FORM

    Addressee: Lumark s.r.o., Kováků 3210/26, Prague 5, 150 00.

    I hereby declare that I withdraw from the Agreement:

    Date of conclusion of the Agreement:

     

    Name and surname:

     

    Address:

     

    E-mail address:

     

    Specification of the Goods to which the Agreement relates:

     

    Method for returning the received financial funds, or stating the bank account number:

     

     

    If the buyer is a consumer, they have the right, in the event that they ordered goods through the e-shop of the company Lumark s.r.o. (“Company”) or other means of distance communication, except for cases stated in Section 1837 of Act No. 89/2012 Coll., Civil Code, as amended, to withdraw from an already concluded purchase agreement within 14 days from the day of conclusion of the agreement, or if it is a purchase of goods, then within fourteen days from its takeover. In the case of an agreement the subject of which is several pieces of goods or delivery of several parts of goods, this period begins to run only on the day of delivery of the last piece or part of goods, and in the case of an agreement based on which goods are to be delivered regularly and repeatedly, from the day of delivery of the first delivery.

    The buyer shall notify the Company of this withdrawal in writing to the address of the Company's premises or electronically to the e-mail stated on the model form.

    If the buyer, who is a consumer, withdraws from the purchase agreement, they shall send or hand over to the Company without undue delay, no later than within 14 days from the withdrawal from the purchase agreement, the goods they received from it.

    If the buyer, who is a consumer, withdraws from the purchase agreement, the Company shall return to them without undue delay, no later than within 14 days from the withdrawal from the purchase agreement, all monetary funds (purchase price of the delivered goods) including delivery costs that it received from them based on the purchase agreement, in the same way. If the buyer chose a method of delivery of goods other than the cheapest offered by the Company, the Company shall return the costs of delivery of goods to the buyer only in an amount corresponding to the cheapest offered delivery method. The Company is not obliged to return the received monetary funds to the buyer before it receives the goods back or before the buyer proves that they sent the goods to the Company.

     

    Date:   Signature: