TERMS & CONDITIONS

BASIC INFORMATION

Company Lumisafe s.r.o. (IC: 05686610 address: Dukelských Hrdinů 343/3, Praha 7, 170 00, CZ) is seller of EquiRay products and owner of this website.

Detailed terms and conditions can be read below and are governed by the law of the Czech Republic.

​PRIVACY & SAFETY​

Privacy and safety is our top priotity. We are compliant with EU privacy rules and laws. Detailed information about privacy can be found here.

PAYMENT METHODS​

​- Credit / Debit Cards
- Bank wire

SHIPPING AND DELIVERY OPTIONS

 

Shipping is provided by our delivery partners - companies DHL, DPP, GLS, or Parcela.

Shipping to the Czech Republic is free.

Shipping to EU  is charged with 250 CZK (approx. 10 EUR).

Shipping to Norway, Switzerland, United Kingdom is charged with 375 CZK (approx. 15 EUR)

Shipping to the other countries is based on current prices. Pls, contact us for details.

We try to ship your order as soon as possible. The usual delivery time is 1 week to the Czech Republic, 2-3 weeks to Europe. It depends on our delivery partners' capabilities. 

PRODUCT CLAIM

Detailed information about product claim can be found here.

I. General Provisions

The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase/licence agreement entered into by and between Lumisafe s.r.o., Co. Reg. No. 05686610, VAT Reg. No. CZ05686610, with its registered office at Dukelských hrdinů 343/3, Holešovice, 170 00 Praha 7, registered in the Commercial Register with the Municipal Court in Prague, section C, File No. 268174 (“Lumisafe” or "Seller"), and the purchaser (“Purchaser”).

Purchaser is a consumer or an entrepreneur.

Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with Lumisafe.

Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. By entering the registration number in the order, the entrepreneur acknowledges having been bound by the rules stipulated in the General Business Terms and Conditions for Entrepreneurs.

 
By placing the order, the Purchaser acknowledges having been familiarised with these General Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part II hereof, as well as with the Claims Code and Privacy Policy, and Delivery Information constituting an integral part hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.

The Purchaser acknowledges that the registered trademarks, trade names, company logos, etc. of Lumisafe or Lumisafe’s contractual partners cannot be used by the Purchaser by virtue of having purchased the products offered by Lumisafe, unless a specific agreement individually provides otherwise.

When accepting the goods and/or services, the Purchaser is issued an invoice including the basic details of the agreement. The Purchaser will obtain a General Trade Conditions (GTC) copy as an attachment of the order confirmation to the specified e-mail address. An invoice containing essential contract information, including receipts according to the registration of sales and tax records law will be provided to the customer in the form of a link to the Invoice download. The purchaser hereby agrees. References to the Listed documents are sent to the Purchaser’s e-mail address, which the Purchaser includes in the order.

II. Pre-Contractual Representations and Warranties

Lumisafe represents and warrants that:

a .The cost of distance communication is subject to no additional fees (Lumisafe charges no additional fees to the amount charged by the Purchaser’s internet/telephone provider; unlike in the case of contractual deliveries).

b.The Purchaser is required to pay the purchase price before accepting the goods from Lumisafe or make an advance or similar payment for specific services if the same is offered by Lumisafe and requested by the Purchaser.

c.Lumisafe enters into no ongoing contracts. If such contracts are facilitated by Lumisafe, the Purchaser is informed about the shortest binding term of such contract by the provider in question, along with the price (or method of its determination) charged in one billing period (being at all times one month if such price is constant).

d.Unless stipulated otherwise, the license fee stipulated in a license agreement entered into for an indefinite period is agreed upon for the entire license term.

e.The prices for goods and services displayed on the website operated by Lumisafe are quoted incl. VAT, with all statutory fees (if any). Shipping costs, however, vary with reference to the selected shipping method, carrier, and payment method.

f.Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:

i. receiving the goods (purchase agreements);

ii. receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or

iii. receiving the first delivery (ongoing contracts);

iv. they can withdraw in writing either by sending the notice of withdrawal to the Lumisafe central office, to the Lumisafe e-mail address, communicating it by placing a phone call.

g.The consumer cannot withdraw from an agreement for the:

i. provision of services performed by Lumisafe with the previous explicit consent of the consumer prior to the expiration of the period of notice;

ii. delivery of goods/services offered for the price affected by deviations in the financial market beyond Lumisafe’s control with a potential to occur during the period of notice;

iii. delivery of goods adjusted as per the requirements/for the needs of the consumer;

iv. delivery of fast-moving consumer goods/goods irreversibly mixed with other goods after delivery;

v. repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs/delivery of other than requested spare parts);

vi. delivery of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for sanitary reasons;

vii. delivery of audio records/video records/PC programs whereby the original packing of such products has been broken;

viii. delivery of newspapers, periodicals, and magazines;

ix. transport or leisure services provided by an entrepreneur within a defined period; and

x. delivery of digital content (delivered other than on a physical carrier with the previous explicit consent of the customer prior to the expiration of the period of notice whereby Lumisafe underlines that an agreement for the delivery of an on-line content cannot be withdrawn).

h.The costs incurred in association with returning the goods (withdrawn agreements)/costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the consumer.

i.The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.

j.The agreements (respective invoices) are saved in the electronic archive.

k.Any complaints can be made by completing the contact form or reported to the supervisory/state supervision authorities.

l. In the case of pre-orders, the price of such goods is only estimated. The final price may vary. Lumisafe will inform the Purchaser about any price change. The purchase price of the goods will be determined after the goods will be stored at the warehouse in Lumisafe. Any difference between the estimated price and the purchase price will be refunded by Lumisafe or the Purchaser will pay the difference prior to the delivery of the goods unless the Purchaser decides to cancel the pre-order. Lumisafe reserves the right to change the delivery date for pre-ordered goods. In the event of a substantial change in the delivery date (i.e 14 days), the Purchaser has the right to withdraw from the pre-order. Should the circumstances, Lumisafe had considered at the time of the pre-order, change to the extent that Lumisafe cannot be reasonably required to be bound by the pre-order, Lumisafe has the right to cancel the pre-order without further notice and subsequently inform the Purchaser.

m.The official contact e-mail address is info@equiray.com. However, Lumisafe recommends using the contact form.

III. Agreement

1. Execution

The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by Lumisafe and in particular by adding the requested product (goods, services, digital content) to the cart. The Purchaser may as well enter into the agreement with the assistance of Lumisafe customer service representatives, either by telephone or by email. The Purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. When adding the product to the cart, the Purchaser is recommended additional related services selected by Lumisafe as per their popularity with other customers; the recommended services can be removed by the Purchaser from the cart before the transaction is completed. The purchase agreement is entered into upon the moment the Purchaser (having selected the shipping and payment method) submits the order and the order in question is received by Lumisafe whereby Lumisafe assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Purchaser is informed about the executed agreement in a confirmation e-mail letter sent by Lumisafe to the e-mail address provided by the Purchaser.

The confirmation email letter is sent along with Lumisafe’s General Business Terms and Conditions and Claims Code. Unless stated in the General Business Terms and Conditions otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.

The executed agreement is archived by Lumisafe for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for performance purposes, the agreement is not additionally available to other than involved third parties.

Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described herein.

2. Delivery

Under the purchase agreement, Lumisafe undertakes to deliver the product to the Purchaser, provide the digital content/license to the Purchaser and enable the Purchaser to acquire the title/license to the product/digital content purchased under the purchase agreement; the Purchaser undertakes to receive the product/digital content from and pay the purchase price to Lumisafe.

As Lumisafe reserves the right of ownership to the product, the Purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies to necessary modifications also to the purchased licenses or services.

Lumisafe delivers the product to the Purchaser along with relevant documents pertaining thereto and enables the purchaser to acquire the title to the product/license in compliance with the agreement.

Lumisafe meets its obligation to deliver the product to the Purchaser by enabling the Purchaser to view and try the product at the place of performance and informing the Purchaser thereabout in due course.

Products to be shipped by Lumisafe are delivered to the Purchaser (entrepreneur) by submitting the product to the first shipping company and enabling the Purchaser to claim the rights implied by the shipping agreement with the shipping company. Products designated for Purchasers-consumers are delivered by Lumisafe to the Purchasers-consumers only after Lumisafe receives the product in question from the shipping company.

If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of items delivered; unless the purchaser rejects such items without undue delay.

Lumisafe delivers the purchased product to the Purchaser in the agreed amount, quality, and design.

If not agreed otherwise, the product is packed by Lumisafe by convention; if no convention exists, the product in question is packed to provide for its protection and preservation. The same applies also to goods to be shipped.

To minimize damage (if any) and ensure smooth delivery of goods ordered within a single transaction and/or day in excess of CZK 25,000 incl. VAT, Lumisafe reserves the right to deliver the goods to the Purchaser only after the purchase price is paid in full. Once the purchase price is paid in full by the Purchaser, the goods are dispatched by Lumisafe as specified by the Purchaser in the order.

3. Risk of Damage

The product is faulty if it lacks the agreed characteristics. The product is deemed faulty also if the Purchaser is delivered other than the ordered product or the documents necessary for the use of the product in question contain defects.

The Purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the Purchaser although the defect in question becomes evident only later. The Purchaser can claim the rights also with reference to a defect that has become evident later as a result of a breach of Lumisafe’s obligation.

The Purchaser is to examine the product, its characteristics, and quantity as soon as feasible after the risk of damage to the product passes to the Purchaser.

The risk of damage passes to the Purchaser upon accepting the product in question; the same applies also to cases where the Purchaser rejects to accept the goods although having been enabled by Lumisafe to view and try the product.

Damage to the product occurring after the risk of damage has passed to the Purchaser does not affect the Purchaser’s obligation to pay the purchase price unless the damage occurred as a result of a breach of Lumisafe’s obligation.

If one party is delayed in accepting the product, the other party may and can reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays in payment where the product cannot be accepted unless the purchase price is paid.

4. Liability (Lumisafe)

Lumisafe guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, Lumisafe guarantees to the Purchaser that at the moment the product is received by the Purchaser:

  1. The product has the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by Lumisafe or the manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertisement.

  2. The product can be used for the purposes stated by Lumisafe or for the purposes for which the product of that kind is usually used.

  3. The product is provided in the corresponding quantity, measurement or weight.

  4. The product complies with the requirements stipulated by law.

If the product is found faulty within six months after having been received by the Purchaser, the product is deemed to have been faulty already when received by the Purchaser.

Unless stipulated otherwise, the Purchaser may and can claim faulty consumer goods within 24 month after receipt. This does not apply to:

  1. discount-related defects;

  2. usual wear and tear;

  3. defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Purchaser; or

  4. cases implied by the nature of the case.

The Purchaser may and can claim faulty consumables (cosmetics, drugstore items, etc.) within twenty-four (24) months. If, however, a best before date is indicated on the product, the warranty period is shortened and terminates on the date indicated on the packaging.

The Consumer acknowledges that if any gifts are received with their order, it is not possible to claim faulty gifts within 24 months of their receipt. The Consumer may and can claim faulty gifts only within 14 days of their receipt. The Entrepreneur cannot claim faulty gifts.

The warranty periods are stipulated in the Claims Code.

The warranty period for purchasers-entrepreneurs may be different; the different warranty period, however, applies only if explicitly stated.

Improper performance cannot be claimed if the Purchaser was aware of the defect before accepting the product or if the defect in question was caused by the Purchaser.

Discounted/used products found faulty can and may be subject to a reasonable discount rather than replacement.

5. Material Breach

If improper performance constitutes a material breach of the agreement, the Purchaser may and can:

  1. have the defect removed by being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the Purchaser can only claim that the component part in question be replaced; if such is not feasible, the Purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the Purchaser may and can have the defect removed for free;

  2. have the defect removed by repair;

  3. be given a reasonable discount on the purchase price; or

  4. withdraw from the agreement.

When claiming the defect in question, the Purchaser informs Lumisafe as to which of the aforementioned options the Purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by Lumisafe; with the exception of a defect requested by the Purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by Lumisafe within a reasonable period or if the Purchaser is informed by Lumisafe that the defects in question will not be removed, the Purchaser may and can claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.

If the Purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.

In addition to cases where Lumisafe cannot deliver a new defect-free product, replace the component part or repair the product, Purchasers-consumers may and can claim a reasonable discount also in cases where Lumisafe fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the Purchaser.

6. Immaterial Breach

If improper performance constitutes other than material breach, the Purchaser may and can have the defect removed or be given a reasonable discount on the purchase price.

Unless the Purchaser claims the discount on the purchase price or withdraws from the agreement, Lumisafe may deliver the missing parts or remove the legal defect. Other defects can be removed at Lumisafe’s discretion either by repair or delivery of a new product.

If Lumisafe fails to remove the defect in due course or refuses to remove the defect, the Purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by Lumisafe.

7. General Breach

The Purchaser may claim to have the defect removed by being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the Purchaser may and can withdraw from the agreement.

If being delivered a new product, the Purchaser returns the original product back to Lumisafe (along with all accessories delivered together with the product itself) and does so at Lumisafe’s cost.

Purchasers failing to report the defect without undue delay after the defect could have been identified by the Purchaser had the product been examined in due course and with sufficient care will not be adjudicated by the court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been identified by the Purchaser had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the Purchaser.

8. Quality Warranty

In providing the quality warranty, Lumisafe undertakes that the product in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the warranty period or best before the date indicated on the packaging or advertised. The warranty may as well be arranged with reference to individual component parts of a product.

The warranty period commences on the day the product is delivered to the Purchaser. If the product is to be shipped to the Purchaser as agreed in the agreement, the warranty period commences only on the day the product is shipped to the designated place. If the purchased product is to be put into operation by a party other than Lumisafe, the warranty period commences only on the day the product is put into operation, provided that the respective service of putting the product into operation is ordered by the Purchaser no later than within three weeks after the product is received and that necessary assistance and co-operation of the Purchaser to render this service are provided.

The Purchaser cannot claim a warranty with reference to a defect caused by outer circumstances after the risk of damage has passed to the Purchaser.

9. Digital Content

In using the digital content (including software, PC games, console games, etc.) purchased from Lumisafe, the Purchaser is to comply with the obligations stipulated herein, copyright law, and product license (e.g. EULA). Purchasers failing to comply therewith are liable to damages and may face criminal consequences.

Purchasers of the digital content (being private individuals only) may and can use the digital content exclusively for their personal use and for purposes other than economic or business benefit, whether direct or indirect unless the license states otherwise. The Purchasers further cannot copy or otherwise reproduce, make copies of or extracts from, and otherwise handle the purchased digital content contrary to copyright law, other legal regulations, or product license.

 

Access to the digital content may be denied and/or the license deactivated if the digital content has been obtained illegally.

10. Resale

If the Purchaser resells the item purchased from Lumisafe, donates it, or otherwise transfers the ownership to another person, the Purchaser is obligated to communicate this to Lumisafe.

If the Purchaser fails to notify Lumisafe, Lumisafe will continue to consider the Purchaser to be the owner of the item and therefore the person entitled to any rights and compensation related to its defective performance.

IV. Withdrawal

If the withdrawal concerns a device on which the Purchaser has stored some personal data, Lumisafe recommends that the Purchaser back up his/her personal data and then delete it from the device.

1. Consumer

Consumers may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:

  1. receiving the goods (purchase agreements);

  2. receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or

  3. receiving the first delivery (ongoing contracts).

Consumers may withdraw from the agreement by completing and submitting the form or via email info@equiray.com ; once submitted, the completed form is confirmed as received by Lumisafe in writing without undue delay.

If withdrawing from the agreement, the consumer is to return to Lumisafe the goods delivered by Lumisafe and do so at the consumer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.

The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible), and in the condition and value in which the goods have been received by the Purchaser. Any fuel tanks returned as part of the returned goods must be returned empty.

Consumers deciding to withdraw from the agreement in the given period are recommended by Lumisafe to send the goods to Lumisafe’s address along with a cover letter incl. the reason for withdrawal (not necessary), reference number of the proof of purchase, and a number of bank account so that the case can be addressed without delay.

Consumers are liable to Lumisafe for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.

Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Lumisafe without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.

Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to Lumisafe or after the consumers prove that the goods have been sent to Lumisafe.

Consumers acknowledge that if the goods are delivered along with any gifts, Lumisafe and the Purchaser entered into a contract of donation on the condition that such contract of donation terminates as soon as the consumer enjoys its right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, Lumisafe may and can claim monetary compensation in the amount of ordinary price. Withdrawal from the gift contract does not terminate the purchase contract and the contracts are considered in this respect to be separate.

2. Other

The Purchaser-entrepreneur is not allowed to withdraw from the purchase agreement if the price of the purchased goods exceeds 25,000 CZK incl. VAT.

If allowed to withdraw from the purchase agreement within the period of 14 days, the Purchaser-entrepreneur acknowledges that the purchase price paid may and can be refunded less the reduced value of the goods in question.

If the product in question cannot be returned in the condition originally received by the Purchaser, the agreement cannot be withdrawn or delivered of a new product claimed. This does not apply if:

  1. The condition changed due to the inspection of the product for defects.

  2. The product was used by the Purchaser before the product was found defective.

  3. The product cannot be returned in the original condition for reasons other than beyond control (wilful act or neglect) of the Purchaser. OR

  4. The product was sold by the Purchaser before the product was found defective, consumed by the Purchaser, or altered by the Purchaser in ordinary use. If only a part of the product was used, consumed, or altered, the Purchaser returns to Lumisafe everything that can be returned and compensates Lumisafe up to the amount of benefit received from using the product.

Purchasers failing to report the defect in due course cannot withdraw from the agreement.

4. Pricing Errors

Except for cases stipulated by law, Lumisafe is entitled to withdraw from the contract in case of an obvious pricing error.

Lumisafe can and may withdraw from the contract pursuant to this point within 14 days of the day following the date of conclusion of the purchase agreement between the Purchaser and Lumisafe by Lumisafe canceling the order or by otherwise indicating to the Purchaser that it is withdrawing from the agreement.

If the Purchaser has paid at least part of the purchase price of the goods, this amount will be transferred back to his/her bank account no later than 14 days from the day following the date of withdrawal from the contract by Lumisafe.

V. Personal Data Protection and Security

The terms and conditions for personal data protection are available here. These terms are legally binding for the Purchaser.

VI. Business Hours

Orders placed in the Lumisafe e-shop (www.EquiRay.com) are accepted 24 hours a day, seven days a week.

In the event of an information systems failure or force majeure, Lumisafe assumes no liability for non-observance of the stipulated business hours.

VII. Prices

The prices are contract prices. Prices quoted online in the Equiray.com e-shop are always up to date, valid, and listed in Czech crowns (CZK) or Euro (EUR), with the exception of cases when the wrong price is stated as stipulated in the provisions below in this article.

Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees, and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).

If Lumisafe has purchased the goods from a non-VAT payer and offers them in the used, new, or unpacked category, the price of the goods is calculated net of VAT in accordance with the provisions of Art. § 90 of Act no. 235/2004 Coll., On Value Added Tax. The Purchaser acknowledges that this fact may be reflected in the invoice for the order in question.

The Purchaser acknowledges that the final prices for products are given after rounding to whole crowns in accordance with the relevant legislation, so in specific situations, the final sum of all purchased products may differ minutely from the purchase price originally indicated. This may happen due to rounding to whole crowns. A detailed breakdown of the purchase price, incl. cents are always listed in the buyer's cart.

Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.

The “original price” refers to the price for which the goods/services/licenses in question were originally offered in Lumisafe’s e-shop or the manufacturer’s suggested retail price, excluding any bonuses, promotions, special offers, or other discounts; the latter being at all times displayed alongside the selling price, which better reflects the product’s market price level.

The Purchaser acknowledges that Lumisafe and the Purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the Purchaser for a price mistakenly quoted on the website due to the internal Lumisafe system error. Lumisafe is entitled to withdraw from such a contract, even after the Purchaser has received an e-mail confirming the order. In such a case, Lumisafe shall inform the Purchaser of this fact. Examples of pricing errors may include:

  • the price of the goods is clearly and obviously incorrect (e.g. does not reflect the original purchase price);

  • the price is missing one or more digits, or shows more digits than it should;

  • the discount exceeds 50% without the goods being part of a special marketing campaign or a sale marked with a special symbol.

  • Lumisafe would like to point out that the Lumisafe information system may automatically state that the goods are on sale even when the price is obviously wrong. In case the Purchaser has any doubt whether the goods are really discounted or it is a pricing mistake, the Purchaser is obligated to contact Lumisafe and verify the price status.

Lumisafe reserves the right to declare the purchase agreement void in case of misused personal data misused payment card, etc., or with reference to the intervention of an administrative or court authority of which the Purchaser is informed by Lumisafe. The Purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.

   

In addition, Lumisafe reserves the right to declare a purchase agreement void if unauthorized use of a discount card or similar voucher has been made in violation of its terms and conditions, in particular, if:

  • the discount card was applied to goods other than those for which it was intended;

  • the discount card was used in conjunction with another discount, even if the addition of these discounts has not been expressly prohibited;

  • the discount card was used for a purchase in the amount below the minimum set price;

  • Lumisafe discovers that the discount card has already been used.

The Purchaser acknowledges that in these cases the purchase agreement cannot be validly concluded, and the Purchaser acknowledges that Lumisafe is entitled to claim, among other things, unjust enrichment.

VIII. Orders

The price is stated on the order and in the text message confirming that the order has been placed. Orders can be placed as follows:


a. in the e-shop operated by Lumisafe ("e-shop");
b. by e-mail;
c. by phone.

Lumisafe recommends placing the orders in the e-shop.

 

Information about the exact shipping time is included in the e-mail letter sent to the Purchaser. The shipping period and fees depend on the option selected by the Purchaser in the second step of placing the order.

IX. Payments

Lumisafe accepts the following for methods of payment:

  1. Bank Wire

  2. Credit or Debit card payments

Unless paid in full and received, the goods remain the property of Lumisafe. The risk of damage passes to the Purchaser upon receipt.

Once the order is placed, the billing details of the Purchaser cannot be edited.

Lumisafe reserves the right to offer only some methods of payment to the Purchaser and do so at its own discretion.

Under the Sales Registration Act, Lumisafe is required to provide the customer with a receipt and register the sale with the tax office online; in the case of technical difficulties, this may be done within 48 hours after the sale has been completed.

Refunds

If the Purchaser withdraws from a concluded contract with Lumisafe, or if the Purchaser is refunded for any other reason, Lumisafe will return the funds received from him/her under the purchase agreement in the same manner. The Purchaser is responsible for providing the correct and accurate data for the refund.

X. Delivery

1. Options

Lumisafe delivers the goods either in co-operation with a shipping company or electronically (digital content).

Individual shipping options are offered according to the current availability of individual services and with regard to capacity and range. In case of force majeure or IT system disruption, Lumisafe assumes no liability for late delivery of goods.

2. Other

To prevent damage/legitimization of proceeds of crime (if any), Lumisafe or Lumisafe’s contractual partners may and can request that the goods paid in advance be collected against a valid identity document (ID card, passport). Unless the said document is presented, the goods in question may and can be refused by Lumisafe or Lumisafe’s contractual partners to be collected. This right arises with the provisions of Art. § 2900 of the Civil Code, which stipulates the duty of prevention and precaution.

Goods purchased with a 0% VAT rate by Purchaser-entrepreneur who is a VAT payer at the moment of purchase will be delivered only to the governing body of the legal entity in question, to the person authorized in the submitted authenticated power of attorney, or to the person listed on the order. Goods purchased with a 0% VAT rate by Purchasers-freelancers being VAT payers at the moment of purchase will be delivered to the Purchaser-freelancer in question only against a valid ID document (ID card or passport).

If not collected personally at the store, goods purchased by Purchasers being VAT payers at the moment of purchase and invoiced with a 0% VAT rate will be obligatorily delivered to the central office or business premises registered in the Commercial Register, Register of Trade, or a similar register.

When receiving the goods from the shipping company, the Purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo, and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Purchaser is to describe the damage in the delivery note of the shipping company.

Incomplete or damaged deliveries must be immediately reported by e-mail to info@equiray.com and the damage be described in the report on damage executed with the shipping company representatives and sent to Lumisafe by fax, e-mail, or post without undue delay. Any subsequent claims of incomplete delivery or damaged packaging do not limit the Purchaser’s right to claim the warranty; yet, they enable Lumisafe to prove that the same do not represent a conflict with the purchase agreement.

3. Competitions and Giveaways

Items given away in competitions organized by Lumisafe must be collected within 30 calendar days after the competition results have been published by Lumisafe. Items not collected within the said time limit will be forfeited for the benefit of the organizer.

XI. Warranty

The warranty terms and conditions are governed by the Lumisafe Claims Code and relevant provisions of Czech law.

 

In general, the warranty certificate is replaced by the proof of purchase (please see the Claims Code for more details).

XII. Miscellaneous

Relationships and possible disputes arising from the contract shall be settled exclusively under the law of the Czech Republic and shall be settled by the competent courts of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any disputes arising between Lumisafe and the Purchaser may be settled out of court. The Purchaser-consumer may contact the extrajudicial dispute resolution entity, such as the Czech Trade Inspection Authority, or resolve the dispute online through the ODR platform designated for this purpose. More information about alternative dispute resolution can be found here.

 

Lumisafe, however, recommends the Purchaser first contact Lumisafe to address the situation.

The agreement is entered into in the Czech language. If the agreement is required to be translated for the Purchaser into another language, the Czech version prevails in case of discrepancies between the two language versions.

These General Business Terms and Conditions and parts hereto come into force and effect on 21st May 2021, repealing all the previous versions and their parts, and are available at the Lumisafe headquarters and stores or online at www.equiray.com