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Terms and Conditions

Terms and Conditions of the Company

Gaudete s.r.o.

Registered office: Horynova 2389/1, 149 00 Prague 4

Company Identification Number: 24679925

Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 165563

For the sale of goods via the online store located at the internet address www.luciferlenses.co.uk

 

1. INTRODUCTORY PROVISIONS

  1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company Gaudete s.r.o., with its registered office at Horynova 2389/1, Identification Number: 24679925, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 165563 (hereinafter referred to as the "Seller"), govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising from or in connection with a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another individual (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the internet address www.luciferlenses.co.uk (hereinafter referred to as the "Website"), via the interface of the Website (hereinafter referred to as the "Web Interface of the Store").
  2. These 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 who acts when ordering goods within their business activities or within the independent performance of their profession.
  3. Provisions deviating from these Terms and Conditions can be agreed upon in the Purchase Contract. Such deviating provisions in the Purchase Contract take precedence over the provisions of these Terms and Conditions.
  4. The provisions of these Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drafted in the Czech language. The Purchase Contract may be concluded in the Czech language.
  5. The Seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT

  1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows it, the Buyer can also order goods without registration directly via the Web Interface of the Store.
  2. When registering on the Website and when ordering goods, the Buyer is required to provide correct and truthful information. The Buyer is obliged to update the details provided in the User Account whenever they change. The details provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.
  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.
  4. The Buyer is not authorised to allow the use of their User Account by third parties.
  5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than five years, or if the Buyer breaches their obligations under the Purchase Contract (including these Terms and Conditions).
  6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third-party hardware and software.

3. CONCLUSION OF THE PURCHASE CONTRACT

  1. All presentation of goods displayed in the Web Interface of the Store is of an informative nature, and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
  2. The Web Interface of the Store contains information about the goods, including the prices of individual items and the costs of returning the goods if they cannot be returned by ordinary postal methods due to their nature. The prices of goods are stated inclusive of value-added tax and all related fees. The prices remain valid as long as they are displayed in the Web Interface of the Store. Prices are not tailored to the individual Buyer based on automated decision-making. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed conditions.
  3. The Web Interface of the Store also contains information about packaging and delivery costs and the methods and timing of delivery. The packaging and delivery cost information provided in the Web Interface of the Store is valid only for deliveries within the territory of the Czech Republic. If the Seller offers free shipping, the right to free shipping is conditional upon the Buyer paying a minimum total purchase price for the goods, as specified in the Web Interface of the Store. If the Buyer partially cancels the Purchase Contract and the total purchase price of the goods remaining after the cancellation does not meet the minimum amount required for free shipping, the Buyer’s right to free shipping is forfeited, and the Buyer must pay the delivery costs.
  4. To order goods, the Buyer must complete the order form in the Web Interface of the Store. The order form contains, in particular:
    1. Information about the goods being ordered (the goods are "added" by the Buyer to the electronic shopping cart in the Web Interface of the Store),
    2. Information about the method of payment for the purchase price of the goods, details about the required delivery method, and
    3. Information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
  5. Before sending the Order, the Buyer is allowed to check and change the details entered in the Order, including identifying and correcting any errors made during the data entry process. The Buyer sends the Order to the Seller by clicking the "Place Order" button. The data provided in the Order is considered correct by the Seller. The Seller shall confirm receipt of the Order without undue delay by electronic mail to the Buyer’s email address specified in their User Account or in the Order (hereinafter referred to as the "Buyer’s Email Address").
  6. The Seller is always entitled to request additional confirmation of the Order (e.g., in writing or by phone), depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs).
  7. The contractual relationship between the Seller and the Buyer is established upon delivery of the Order acceptance (confirmation) by the Seller to the Buyer via electronic mail to the Buyer’s Email Address.
  8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer in using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

4. PRICE OF GOODS AND PAYMENT TERMS

  1. The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the Purchase Contract to the Seller using the following methods:
    • By cashless payment via a payment system;
    • By cashless payment via a payment card.
  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 explicitly stated otherwise, the purchase price is understood to also include the costs associated with the delivery of goods.
  3. The Seller does not require the Buyer to pay a deposit or any similar advance payment. This provision does not affect the stipulation of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
  4. In the case of payment in cash, cash on delivery, or collection at a pick-up point, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is payable within 7 days of concluding the Purchase Contract.
  5. In the case of cashless payment, the Buyer is obliged to pay the purchase price along with a specified variable payment symbol. The Buyer’s obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the Seller’s account.
  6. The Seller is entitled to require the full payment of the purchase price before dispatching the goods to the Buyer, particularly if the Buyer does not provide additional confirmation of the Order as stipulated in Article 3.6. The provisions of Section 2119(1) of the Civil Code shall not apply.
  7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
  8. If it is customary in commercial transactions or if stipulated by generally binding legal regulations, the Seller shall issue an invoice (tax document) regarding payments made under the Purchase Contract to the Buyer. The Seller is a VAT payer. The Seller shall issue the invoice to the Buyer after receiving the payment and send it in electronic form to the Buyer’s email address or include it as a printed copy in the shipment.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

  1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract in the following cases:
    1. For the supply of goods that have been customised or manufactured according to the Buyer’s specific requirements,
    2. For the supply of goods that are perishable or have a short shelf life, as well as goods that, after delivery, have been inseparably mixed with other items due to their nature,
    3. For the supply of sealed goods which, for health protection or hygiene reasons, are not suitable for return after the Buyer has broken the seal.
  2. Unless otherwise specified in Article 5.1 or in other cases where withdrawal from the Purchase Contract is not possible, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days from the day the Buyer or a third party other than the carrier takes possession of the goods, or:
    1. The last item in a case where multiple goods ordered by the Buyer in one order are delivered separately,
    2. The last part or piece in a case where the goods consist of several parts or pieces, or
    3. The first delivery of goods in a case where the goods are to be delivered regularly for a defined period.
  3. To withdraw from the Purchase Contract, the Buyer must notify the Seller within the period specified in Article 5.2. The withdrawal notice may be sent to the Seller’s business address or electronic mail address.
  4. In the event of withdrawal from the Purchase Contract, the Purchase Contract is considered null and void. The Buyer must return the goods to the Seller without undue delay, no later than fourteen (14) days from the withdrawal, unless the Seller has offered to collect the goods personally. The time limit is considered met if the Buyer dispatches the goods before the end of the fourteen-day period. The Buyer bears the costs of returning the goods to the Seller, even in cases where the goods cannot be returned by standard postal methods due to their nature.
  5. In the event of withdrawal from the Purchase Contract, the Seller shall return all monetary payments received from the Buyer, including delivery costs (except for additional costs incurred if the Buyer chose a delivery method other than the least expensive standard delivery method offered by the Seller), without undue delay, no later than fourteen (14) days from the date of withdrawal from the Purchase Contract. The Seller shall use the same payment method for the refund as was used for the original transaction unless expressly agreed otherwise with the Buyer. The Seller is not obliged to return the payments to the Buyer before receiving the goods back or before the Buyer proves that the goods have been sent back, whichever occurs first.
  6. The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.
  7. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are received by the Buyer. In such cases, the Seller shall refund the purchase price without undue delay, using the same payment method as agreed upon with the Buyer.
  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 condition subsequent that if the Buyer withdraws from the Purchase Contract, the gift agreement for such a gift becomes ineffective, and the Buyer is obliged to return the gift along with the goods to the Seller.

6. TRANSPORTATION AND DELIVERY OF GOODS

  1. If the mode of transportation is agreed upon based on a specific request from the Buyer, the Buyer assumes the risk and any additional costs associated with this mode of transportation.
  2. If the Seller is obliged under the Purchase Contract to deliver the goods to a location specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.
  3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the Order, the Buyer shall bear the costs associated with repeated delivery or costs associated with another delivery method.
  4. Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, immediately notify the carrier. If the packaging is found to be damaged in a way that indicates unauthorised interference with the shipment, the Buyer may refuse to accept the shipment from the carrier. This provision does not affect the Buyer’s rights arising from liability for defects or other rights of the Buyer under generally binding legal regulations.
  5. Additional rights and obligations of the contracting parties related to the transportation of goods may be regulated by the Seller’s special delivery terms, if issued by the Seller.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

  1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by applicable generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection, as amended).
  2. The Seller is responsible to the Buyer for ensuring that the goods are free from defects upon receipt. Specifically, the Seller guarantees to the Buyer that:
    1. The goods conform to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics.
    2. The goods are suitable for the purpose for which they are intended, as specified by the Buyer and agreed upon by the Seller.
    3. The goods are delivered with the agreed accessories and instructions, including assembly or installation instructions, if applicable.
  3. In addition to the agreed characteristics, the Seller guarantees to the Buyer that:
    1. The goods are suitable for the purpose for which goods of the same type are typically used, considering the rights of third parties, legal regulations, technical standards, or industry codes of conduct, if applicable.
    2. The quantity, quality, and other characteristics of the goods, including durability, functionality, compatibility, and safety, meet the usual expectations of goods of the same type, taking into account public declarations made by the Seller or other persons in the same contractual chain, particularly through advertising or labelling. This does not apply if the Seller proves they were not aware of such declarations or that such declarations were modified in a manner comparable to their original form and that they could not have influenced the Buyer’s decision to purchase.
    3. The goods are supplied with accessories, including packaging, assembly instructions, and other usage instructions that the Buyer may reasonably expect.
    4. The quality or design of the goods corresponds to the sample or model provided by the Seller to the Buyer before the conclusion of the Purchase Contract.
  4. The provisions of Article 7.2 do not apply if the Seller explicitly informs the Buyer before concluding the Purchase Contract that a certain characteristic of the goods differs and the Buyer expressly agrees to this deviation when concluding the Purchase Contract.
  5. If a defect manifests within one year of receipt, it is presumed that the goods were defective at the time of receipt unless this presumption is inconsistent with the nature of the goods or the defect.
  6. If the goods are defective, the Buyer may request rectification. The Buyer may choose to have the defect remedied by delivery of new goods without defects or by repair unless the chosen remedy is impossible or disproportionately costly compared to the alternative. This determination shall take into account the significance of the defect, the value the goods would have without the defect, and whether the defect can be remedied in an alternative manner without significant inconvenience to the Buyer. The Seller may refuse to remedy the defect if it is impossible or disproportionately costly, considering the significance of the defect and the value the goods would have without the defect.
  7. The Seller shall remedy the defect within a reasonable time after it has been reported so as not to cause significant inconvenience to the Buyer, taking into account the nature of the goods and the purpose for which the Buyer purchased them.
  8. The Buyer may request a reasonable discount or withdraw from the Purchase Contract if:
    1. The Seller refuses to remedy the defect or fails to do so in accordance with Article 7.7.
    2. The defect reoccurs.
    3. The defect constitutes a fundamental breach of the Purchase Contract.
    4. It is evident from the Seller’s statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.
  9. If the defect is insignificant, the Buyer cannot withdraw from the Purchase Contract (as per Article 7.8). It is presumed that the defect is not insignificant. If the Buyer withdraws from the Purchase Contract, the Seller shall refund the purchase price to the Buyer without undue delay after receiving the goods or after the Buyer provides proof that the goods have been sent back.
  10. The defect can be reported to the Seller at the location where the goods were purchased.
  11. Except in cases where another person is designated to carry out repairs, the Seller is obliged to accept complaints at any of their establishments where complaints can be accepted given the range of goods sold or services provided, or at their registered office. The Seller is obliged to issue a written confirmation to the Buyer upon filing a complaint, stating the date the complaint was made, the nature of the complaint, the Buyer’s requested resolution, and the Buyer’s contact information for further updates regarding the complaint.
  12. Complaints, including resolution of defects, must be addressed, and the Buyer must be informed no later than thirty (30) days after the complaint is made, unless the Seller and Buyer agree on a longer period.
  13. If the time limit under Article 7.12 is exceeded without resolution, the Buyer may withdraw from the Purchase Contract or request a reasonable discount.
  14. The Seller is obliged to provide the Buyer with confirmation of the resolution of the complaint, including details of the repair or its duration, or a written explanation if the complaint is rejected.
  15. Rights arising from liability for defects may be exercised by the Buyer in person at Horynova 2389/1, Prague 4, by phone at +420 603 968 981, or via email at info@gaudete.cz.
  16. Anyone entitled to a remedy for defects is also entitled to reimbursement of expenses reasonably incurred while exercising this right. However, if the Buyer does not claim reimbursement within one month after the deadline for raising the defect, the court will not grant this right if the Seller objects that the claim was not made in time.
  17. Additional rights and obligations of the parties concerning liability for defects may be regulated by the Seller’s complaints procedure.
  18. The Seller or another person may provide the Buyer with a quality guarantee that exceeds the Buyer’s statutory rights regarding defective performance.

8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

  1. The Buyer acquires ownership of the goods upon full payment of the purchase price.
  2. The Seller is not bound by any codes of conduct in relation to the Buyer, as defined in Section 1820(1)(n) of the Civil Code.
  3. Complaints from consumers are handled by the Seller via email. Complaints can be sent to the Seller’s email address. The Seller will inform the Buyer of the resolution of the complaint via the Buyer’s email address. The Seller does not have any other complaint resolution rules in place.
  4. For out-of-court resolution of consumer disputes arising from the Purchase Contract, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification Number: 000 20 869, website: https://adr.coi.cz/cs, is the competent authority. The online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr, can also be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
  5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as 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).
  6. The Buyer may address complaints to supervisory or state oversight authorities. The Seller is authorised to sell goods based on a trade licence. Trade licensing control is carried out by the relevant trade licensing office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority oversees, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
  7. The Buyer hereby assumes the risk of changes in circumstances, as per Section 1765(2) of the Civil Code.

9. PROTECTION OF PERSONAL DATA

  1. The Seller fulfils their information obligation towards the Buyer in accordance with 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"). The Seller provides information related to the processing of the Buyer’s personal data for the purpose of fulfilling the Purchase Contract, negotiating the Purchase Contract, and fulfilling the Seller’s legal obligations through a separate document.

10. COMMERCIAL COMMUNICATIONS AND COOKIES

  1. The Buyer agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, to receive commercial communications from the Seller to the Buyer’s email address or phone number. The Seller fulfils their information obligation towards the Buyer in accordance with Article 13 of the GDPR concerning the processing of the Buyer’s personal data for the purpose of sending commercial communications through a separate document.
  2. The Seller fulfils their legal obligations related to the potential storage of cookies on the Buyer’s device through a separate document.

11. DELIVERY

  1. The Buyer may receive correspondence at the Buyer’s email address.

12. FINAL PROVISIONS

  1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the Buyer, who is a consumer, of protection provided by provisions of the law that cannot be derogated from by agreement and that would otherwise apply in the absence of a choice of law under 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).
  2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
  3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
  4. The Seller’s contact details:
    • Registered office: Gaudete s.r.o., Horynova 2389/1, 149 00 Prague 4
    • Email address: info@gaudete.cz
    • Phone number: +420 603 968 981

The Seller does not provide any other means of online communication.

In Prague on 1 January 2025