GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF LUMIVA SPORTS, S.R.O.

INTRODUCTORY PROVISIONS

These General Terms and Conditions (Terms and Conditions) apply to the purchase contract, the subject of which is the purchase of a Lumiva Sports Glasses (Lumiva or Goods), through the online shop located at www.lumiva.cz. ("E-shop"), concluded between Lumiva sports, s.r.o., a company with its registered office at Čujkovova 1714/21, Zábřeh, 700 30 Ostrava, ID 21009121, registered in the Commercial Register kept at the Regional Court in Ostrava, under file number C 94467 as the Seller ("Seller") and any person who orders the Lumiva through the E-shop ("Customer"). These Terms and Conditions shall apply mutatis mutandis also to users of the Goods, regardless of whether they are also a Customer (User).

The sale and purchase of the Lumiva is governed by (i) the Contract between the Seller and the Customer (the Contract), and (ii) these Terms and Conditions. In the event of any conflict, the Contract shall prevail over these Terms and Conditions. The Customer's Terms and Conditions shall not apply to the Contract unless the parties to the Contract agree otherwise in writing.
The Seller reserves the right to restrict or discontinue the production and sale of any of the currently offered variants of the Lumiva Sports Glasses and to unilaterally amend these Terms and Conditions in this connection in the future. However, changes shall not affect Orders already placed.

PURCHASE OF THE LUMIVA SPORTS GLASSES
- All presentation of the Goods placed in the E-shop is of an informative nature and the Seller by such presentation does not make an offer to the Customer to conclude a Contract and is not obliged to conclude a Contract with the Customer. The provisions of Section 1732(2) of Act No. 89/2012 Coll., Civil Code, as amended (Civil Code) shall not apply.
- The E-shop contains information about the Goods, their basic characteristics, price including VAT and the costs associated with the packaging and delivery of the ordered Goods (the price of the Goods and the costs associated with the packaging and delivery of the ordered Goods are hereinafter collectively referred to as the Purchase Price). The Purchase Price shall remain valid for as long as it is displayed in the E-shop. This provision does not limit the Seller's ability to conclude the Contract on individually agreed terms.
- In order to order the Goods, the Customer shall fill in the order form in the E-shop (Order Form), which shall contain in particular information relating to:
  - the Customer's identity, delivery and billing address;
  - the type of Goods ordered and their price;
  - the desired method of delivery of the Goods ordered;
  - the costs associated with the packaging and delivery of the Goods; and
  - the method of payment of the Purchase Price.
- The ordering of Goods is done by placing the selected Goods in the electronic shopping cart at E-shop and submitting the Order to the Seller by clicking on the Submit button.
- When ordering Goods, the Customer is obliged to provide correctly and truthfully all the required information, which the Seller then considers to be up-to-date and correct. The Customer may add to or change the information provided in the Order for checking purposes.
- The Seller shall confirm the Order by sending an automated confirmation e-mail message to the Customer's e-mail address specified in the Order (Customer's e-mail), thereby accepting the Order and concluding the Contract.
- The Seller is entitled, depending on the nature of the Order (quantity of Goods, amount of the Purchase Price, estimated shipping costs) to ask the Customer for additional confirmation of the Order (for example, in writing or by telephone). In such case, the Contract shall be concluded only upon delivery of such confirmation to the Seller.
- Costs incurred by the Customer when using remote means of communication in connection with the conclusion of the Contract (internet connection costs, telephone call costs) shall be borne by the Customer. For the avoidance of doubt, it is stated that the costs for the use of remote means of communication for the conclusion of the Contract do not differ from the basic rate.
PURCHASE PRICE AND PAYMENT TERMS
- The Purchase Price shall be paid by the Customer by the payment method selected in the Order. If he chooses to pay by bank transfer, the payment details are sent to the Customer's e-mail together with the Order confirmation. The Purchase Price is payable within three days of the conclusion of the Contract and failure to pay the Purchase Price on time shall result in the cancellation of the Contract from the outset.
- The Customer acquires ownership of the Goods at the time when the Contract is concluded and the Purchase Price is paid, with payment being made by crediting the total amount corresponding to the Purchase Price to the Seller's bank account.
- Any discounts on the price of the Goods granted to the Customer cannot be combined.
DELIVERY OF GOODS
- If the Seller is obliged under the Contract to deliver the Goods to the place specified by the Customer in the Order, the Customer shall take possession of the Goods on delivery. The cost of re-delivery due to the Customer's failure to take delivery of the Goods on the first delivery shall be borne by the Customer and the Seller shall not be obliged to deliver the Goods ordered to the Customer until such costs have been paid. If the Customer fails to pay such additional costs within the time specified for such payment, the Seller shall be entitled to withdraw from the Contract.
- If the method of delivery is agreed on the basis of the Customer's individual request, the Customer shall bear the risk and any additional costs associated with such method of delivery.
- On receipt of the Goods from the carrier, the Customer shall check the integrity of the packaging and report any defect or breach of packaging to the carrier immediately. In the event of a breach of packaging indicating tampering, the Customer may refuse to accept the Goods from the carrier. The Seller shall not be liable for damages incurred during transportation.
RIGHTS FROM DEFECTIVE PERFORMANCE
- The Seller shall be liable to the Customer that the Goods are free from defects upon receipt, in particular that at the time the Customer took possession of the Goods:
  - the Lumiva has the characteristics described by the Seller in the E-shop; and
  - the Lumiva is fit for the advertised purpose,

unless the Lumiva is sold at a lower price because of a defect for which the lower price was agreed.

The User shall not use the Goods in any manner other than that for which they are intended.
If the User damages the Goods by improper maintenance, mechanical damage or careless handling, e.g.:
- improper handling, unprofessional or inadequate maintenance;
- external mechanical or chemical influences and damage;

the Seller shall be entitled to reject the claim.

The Customer shall be entitled to claim for defects occurring in the Lumiva within a period of 24 months from the date of acceptance.
If the Customer is not a consumer, then the Customer shall enforce the defective performance rights against the Seller at the Seller's own expense at the Seller's registered office and such costs shall not be reimbursed to the Customer. The moment of claim shall be deemed to be the moment when the Seller has received the claimed Lumiva. The claim, including the removal of the defect, shall be settled without undue delay, at the latest within 30 days from the date of the claim, unless the Seller and the Customer agree on a longer period.
Other rights and obligations of the parties to the Contract relating to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.

DATA PROTECTION

The Customer acknowledges that the Seller processes personal data for the purpose of sale of the Goods in accordance with the legal regulations concerning the processing and protection of personal data, in particular, but not exclusively, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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) (GDPR), Act No. 110/2019 Coll, on the processing of personal data, as amended, and any judicial or administrative interpretation of legislation relating to the processing and protection of personal data, any guidelines, codes of conduct or approved certification mechanisms issued by the Data Protection Authority. Details regarding the processing of Customer's personal data by the Seller are set out at https://www.lumiva.cz/en/gdpr/

WITHDRAWAL FROM THE CONTRACT
- Withdrawal by the Customer acting as a consumer when entering into the Contract
  - If the Customer is a consumer, the Customer may withdraw from the Contract without giving any reason within fourteen (14) days of receipt of the Goods and request a refund of the Purchase Price by sending a written withdrawal to the address (including an electronic address) for returns or claims to Lumiva set out in Clause 8.3(i) of these Terms and Conditions. The Customer may use the sample withdrawal form contained in the Appendix to these Terms and Conditions for this purpose. It is sufficient to comply with the fourteen-day period if the withdrawal is at least sent before the expiry of this period. The receipt of the written notice of withdrawal by the Customer shall be promptly confirmed by the Seller to the Customer's E-mail.
  - In accordance with the provisions of Section 1837 of the Civil Code, the Customer may not withdraw from the Contract in respect of Goods which have been specially adapted to his wishes or for his person.
  - In the event that the Customer withdraws from the Contract in accordance with these Terms and Conditions, the Contract shall be cancelled from the outset. The Customer must then return the Goods to the Seller within fourteen days of withdrawal from the Contract in their original condition, undamaged, including any accessories received by the Customer with them.
  - The costs of returning the Goods in connection with withdrawal from the Contract under this Article shall be borne by the Customer, even if the Goods cannot be returned by normal postal means due to their nature.
  - Except as otherwise provided in these Terms and Conditions, the Seller shall refund to the Customer, without undue delay after receipt of the returned Goods, the Purchase Price paid by the Customer for the returned Goods in the same manner as it was received from the Customer.
  - If the Customer has chosen other than the cheapest method of delivery of the Goods or delivery of the Goods on individually negotiated terms, the Seller shall refund to the Customer the cost of delivery of the Goods in an amount equal to the cheapest method of delivery of the Goods offered and deduct such difference from the amount of the Purchase Price refunded.
  - If the Customer returns the Goods damaged or fails to return everything received from the Seller in connection with the Contract, the Seller shall have the right to unilaterally set off the corresponding amount of such damage to the Goods or missing Goods against the Customer's claim for a refund of the Purchase Price.
  - If the Seller has provided the Customer with a gift together with the Goods, if the Contract is cancelled pursuant to this Article, the gift contract in respect of such gift shall cease to have effect and the Customer shall return the gift together with the Goods.

Withdrawal by the Seller
- The Seller shall have the option to withdraw from the Contract if the Goods ordered by the Customer cannot be delivered because:
  - it is out of stock or cannot be manufactured; or
  - the Seller is unable to perform the Contract for a reason beyond its control, due to a natural disaster or force majeure.
- Withdrawal from the Contract by the Seller shall always be made in writing to the Customer's e-mail address.
- If the Seller withdraws from the Contract when the Customer has already paid the Purchase Price, the Purchase Price shall be refunded to the Customer without undue delay.

FINAL PROVISIONS
- Changes to the Terms and Conditions

The current version of the Terms and Conditions is available on the E-shop. The Seller may unilaterally change or amend the Terms and Conditions, and the Seller shall inform the Customer and the User in advance of any changes by publishing the changes on the E-shop, indicating the effective date of the marked changes. Upon the entry into force of the new version of the Terms and Conditions, the original version of the Terms and Conditions shall cease to be valid. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

Governing Law and Jurisdiction
- The Contract, including these Terms and Conditions, and all rights of the Customer, the User and the Seller arising out of, in connection with or in connection with the Contract or its termination or use of the Lumiva shall be governed by the laws of the Czech Republic.
- All disputes relating to or arising out of the Contract or the use of the Lumiva shall be settled by the ordinary courts of the Czech Republic.
Final Provisions
- The Seller shall not be bound by any codes of conduct in relation to the Customer within the meaning of Section 1826(1)(e) of the Civil Code.
- Consumer complaints are handled by the Seller via the electronic address info@lumiva.cz. The Seller shall send information about the settlement of the Customer's complaint to the Customer's e-mail.
- Unless otherwise specified, the Customer or User may contact the Seller for customer support, to make a complaint or e.g. to report a bug, question or request, via the Seller's e-mail: info@lumiva.cz.
- In the event that a consumer dispute arises between the Seller and the Customer, who is a consumer, arising from the concluded Contract, which cannot be resolved by mutual agreement, the Customer may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz. The Customer may also use the European Commission's online dispute resolution platform at http://ec.europa.eu/consumers/odr.
- The Seller is authorised to sell the Goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended (Consumer Protection Act) within a defined scope.
- The Customer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- The Seller's billing information is:
  - Company name: Lumiva sports, s.r.o.
  - Česká republika Address: Čujkovova 1714/21, Ostrava 700 30, Czech Republic
  - E-mail address: info@lumiva.cz
  - ID number: 21009121
- The Seller's correspondence address is:
  - Company name: Lumiva sports, s.r.o.
  - Address: Mostecká 130, Vsetín, 755 01, Czech Republic
  - E-mail address: info@lumiva.cz
- The address for returning or claiming Lumiva Sports Glasses is:
  - Company name: Lumiva sports, s.r.o.
  - Address: Mostecká 130, Vsetín, 755 01, Czech Republic
  - E-mail address: info@lumiva.cz

ANNEX 1

MODEL WITHDRAWAL FORM

Withdrawal from the contract

Send non-conforming and unworn goods to our warehouse address:

Warehouse

Lumiva sports, s.r.o.

Mostecká 130

755 01. Vsetín

Czech Republic

I hereby notify that I withdraw from the Contract concluded with Lumiva sports, s.r.o., Čujkovova 1714/21, Zábřeh, 700 30 Ostrava, ID 21009121, regarding the purchase of these Goods:

____________________________________________________________________________

Order number __________________

Date of order __________________

Customer's name and surname _______________________________________________

Date __________________

Signature __________________

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