Terms and conditions

The Chapter s.r.o.

A company established and existing under the laws of the Czech Republic,

Company ID No. 08930783, Company VAT No. CZ 08930783, registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, File 116240

With its registered seat at Jindrisska 941/24, 110 00 Praha 1, Czech Republic

(the “FOTONAUT”)

1) Introduction

+ 
These terms and conditions (the „Terms and conditions“) of FOTONAUT (the „Seller“) govern in accordance with § 1751 paragraph. 1 of Law no. 89/2012 Coll., the Civil Code (the “Civil Code”) mutual rights and obligations arising in connection with or under sale and purchase agreement (the “Purchase Agreement”) concluded between the seller and the other person (the “buyer”) through the website of FOTONAUT (www.thefotonaut.com). Online orders may be placed on the website located on the Internet on www.thefotonaut.com (the “Website”)

+ Terms & Conditions shall apply mutatis mutandis to cases where a person who intends to buy goods from the seller, is a businessman and ordering goods is in the course of their business or in their independent practice of the profession.

+ Provisions diverging from commercial terms can be agreed upon in the sales agreement. Divergent arrangements in the agreement shall prevail over the terms of trade.

+ Provisions of the conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are written in English. The purchase agreement may be concluded in the English language.

+ Seller is authorized to amend the Business Conditions. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.

2) User account

+ When ordering goods on the website, the website is automatically registering the buyer; this authorizes the buyer’s access to his user interface (hereinafter referred to as „user account“.

+ When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The buyer is obligated to update the data referred to in the user account when the data is changed.

+ Access to a user account is secured by a user name, which is the buyer’s e-mail address and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user account.

+ Buyer shall not allow the use of user account to a third party.

+ Seller may cancel a user account, especially when the user account is not used for more than 36 months, or if the buyer breaches of its obligations under the purchase agreement (including terms and conditions).

+ Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software, or necessary maintenance of hardware and software of third parties.

3) Purchase agreement

+ All presentations of goods placed in the web interface of the shop are informative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732, paragraph. 2 of the Civil Code shall not apply.

+ Web interface provides information about the products, including the prices of individual goods. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision does not limit the seller to conclude a purchase under individually negotiated conditions.

+ By sending the order, the buyer agrees and will conclude a sales agreement under the conditions contained in these Terms and Conditions.

+ 
Seller immediately upon receipt of an order confirms the receipt to the buyer, at the e-mail address listed in the order (the “electronic address of the buyer”).

+ Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) ask the buyer for additional confirmation (e.g. e-mail or telephone).

+ Buyer agrees to the use of distance communication in concluding the sale and purchase agreement.

4) Price and payment terms

+ The purchase price and any costs associated with the delivery of goods according to the agreement the buyer may pay the seller by the bank transfer to the account of the seller (the “Seller Account”).

+ In the case of cashless payment, the buyer shall pay the purchase price of the goods together with the variable symbol of the payment. By sending the appropriate amount to the account of the seller, the cashless purchase is concluded.

+ Any discounts to the price of goods provided by the seller to the buyer cannot be combined.

+ 
If it is customary in the trade, or if it is so stipulated by generally binding legal regulations issued by the seller in respect of payments made under a agreement buyer tax document – invoice. Seller is a registered payer of value added tax. The tax document invoice is issued by the seller to the buyer after payment of the price of the goods and sends it electronically to the buyer’s email address.

5) Withdrawal from agreement

+ Buyer acknowledges that pursuant to § 1837 of the Civil Code is not, inter alia, to withdraw from the agreement for the supply of goods that have been adjusted according to the wishes of the buyer.

+ In case of withdrawal, the seller returns the funds received from the buyer within fourteen (14) days from returning goods by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the funds by the buyer at the time of returning the goods or otherwise, if the buyer agrees and additional costs will not occur. If the buyer withdraws from the agreement, the seller is not obliged to return the funds received to the buyer before the buyer returns goods or demonstrates that the goods were sent to the entrepreneur.

+ The seller is entitled to unilaterally set off the claim for damages against the claim of the buyer to refund the purchase price.

+ If the buyer does not pay the purchase price in the period agreed in the sale and purchase agreement, the seller is entitled to withdraw from the agreement.

6) Transport and delivery

+ In the event that the mode of transport is negotiated on the basis of a specific request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

+ If the seller under the purchase agreement must deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.

+ In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with other delivery method. Costs associated with repeated delivery of the goods will be calculated on the basis of the current tariffs of the carrier.

+ 
Other rights and obligations of the parties in the transport of goods that can modify specific delivery conditions of the seller, if the seller issued.

7) Rights of defective performance

+ The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation.

+ Seller is responsible to the buyer that, on receipt of the goods, the goods have no defect. In particular, the seller is liable to the buyer that at the time of taking over the goods:

– the goods have the qualities the parties have agreed and in case of such an absence of such agreement, the goods have the qualities the seller has described or the qualities the buyer has expected given the nature of the advertising carried out by the seller,

– 
the goods are fit for the purpose which the seller has stated or the purpose such goods are normally used for,

– 
goods correspond to the agreed quality or design of the sample or model, if the quality or performance was determined in accordance with the agreed sample or model,

– 
the goods are in the right quantity, measure or weight and

– 
the goods comply with the legal requirements.

+ The provisions referred to in article. 7.2 of business conditions do not apply to goods sold at a lower price at fault for which the lower price was negotiated, the wear and tear of the goods caused by its common use, the used goods that the buyer took over and the damage responds with the amount of usage or if it results from the nature of the goods.

+ 
Other rights and obligations of the parties related to the responsibility of the seller for defects can be modified in the sale and purchase agreement.

8) Protection of personal data

+ Privacy of personal data of the buyer who is a person is provided by Act no. 101/2000 Coll., on Protection of Personal Data, as amended.

+ Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (the “personal data”).

+ Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the agreement. If the buyer does not choose another option, he agrees to the processing of personal data by the seller.

+ Buyer acknowledges that he is obliged to state personal data correctly and truthfully and without undue delay inform the seller about the change in his personal data.

+ 
Seller may appoint a third party to process the personal data. Besides the carrier of the goods, personal data will not be given to a third party without a prior consent of the buyer.

+ Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.

+ 
The buyer confirms that the personal information is accurate and that he was advised that it is voluntary to provide personal information.

9) Sending commercial messages and storing cookies

+ 
Buyer agrees to receive information related to the goods, services or company of the seller to the buyer’s e-mail address and agrees to receive commercial communications of the seller to the buyer’s e-mail address.

+ 
Buyer agrees with saving cookies on his computer. If the purchase on the website can be made without the storage of cookies as well as to fulfil the seller’s obligations from the purchase agreement, the buyer may cancel his agreement to save cookies at any time.

10) Final provisions

+ If the relationship of the sale and purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.

+ 
If any provisions of the terms and conditions are invalid or ineffective or become invalid or ineffective, a new provision with the closest meaning to the invalid provision is enforced.

+ 
The sale and purchase agreement including terms and conditions are archived by the seller in electronic form.

+ 
Contact details of the seller: postal address:

The Chapter s.r.o.,

Jindrisska 941/24, 110 00 Praha 1, Czech Republic

e-mail: info@thefotonaut.com

tel: +420 605 387 276

Prague, 1st June 2020