GENERAL TERMS AND CONDITIONS

Mgr. Zuzana Barabáš
Company ID No. (IČO): 87528711
with registered office at Švédská 1010/15, 150 00 Prague 5 - Smíchov

Contact details:
E-mail: info@lumissio.com
Phone: +420737383328

(hereinafter referred to as the “operator”)

Contact details:
E-mail: info@lumissio.com
Phone: +420737383328

(hereinafter referred to as the “operator”)

Prague, April 1, 2025

I. Introductory Provisions

  1. These General Terms and Conditions (hereinafter referred to as the “terms and conditions”) of the self-employed individual, Mgr. Zuzana Barabáš, Company ID No. 87528711, with registered office at Švédská 1010/15, 150 00 Prague 5 – Smíchov (hereinafter referred to as the “operator”), govern, in accordance with 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 contractual parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the operator and another natural person (hereinafter referred to as the “customer”) through the operator’s website.
  2. The operator runs the “Lumissio” online store at the website www.lumissio.com.
  3. For the purpose of providing services, selling goods, and operating the website, the operator processes certain personal data.
  4. These terms and conditions do not apply to cases in which a person intending to conclude a purchase contract with the operator is a legal entity or a person acting within the scope of their business activity or within the independent exercise of their profession when ordering goods.
  5. Provisions deviating from these terms and conditions can be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
  6. The provisions of these terms and conditions form an integral part of the purchase contract.
  7. The purchase contract and the terms and conditions are prepared in Czech. The purchase contract can be concluded in Czech.
  8. The operator may change or supplement these terms and conditions. This provision does not affect any rights and obligations arising during the effective period of any previous versions of the terms and conditions.

II. User Account

  1. Based on the customer’s registration on the website, the customer can access their user interface. From this user interface, the customer can order goods – conclude purchase contracts (hereinafter referred to as the “user account”).
  2. Goods can also be ordered – purchase contracts concluded – without registration.
  3. The customer must update the information provided in the user account. The operator deems these details correct.
  4. Access to the user account is secured by a username and password. The customer must keep confidential any information required to access their user account and acknowledges that the operator is not liable for any breach of this obligation by the customer.
  5. The customer acknowledges that the user account may not be continuously available, particularly due to the necessary maintenance of the operator’s hardware and software, or the necessary maintenance of third-party hardware and software.

III. Ordering Goods

  1. All presentations of goods on the web interface for ordering are of an informative nature.
  2. The web interface for ordering goods contains information about the goods, including the prices of individual items. The prices of goods are stated including value-added tax and all related fees.
  3. However, the price of the goods does not include postage (shipping), which the customer pays in addition to the price of the goods. The postage price depends on the method of transport and the carrier’s current valid price list.
  4. The customer selects the method of delivery and payment in the order.
  5. The prices of goods remain valid as long as they are displayed in the web interface for ordering goods.
  6. The provisions of Article III, points 2 to 5, do not limit the operator’s ability to conclude a purchase contract under individually negotiated terms.
  7. To order goods, the customer selects goods from the offer by clicking on a specific item and then clicking the “Order” button.
  8. Before sending the order to the operator, the customer can check and change the details they have entered into the order, together with the method of payment and delivery, including the possibility for the customer to identify and correct errors that occurred during data entry in the order.
  9. The operator will immediately confirm receipt of the order to the customer by displaying the selected goods in the user account and sending a confirmation email.
  10. The order is binding and cannot be canceled once it has been sent.
  11. The customer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the customer in using remote communication means in connection with concluding the purchase contract (internet connection costs, phone call costs) are borne by the customer, and do not differ from the basic rate.

IV. Payment Terms

  1. The price of the goods can be paid using the following methods:
    • Cashless payment via the Comgate payment system.
  2. Additional costs are charged to the customer, specifically postage (shipping).
  3. The operator is entitled to require the full purchase price to be paid if the order is not collected.
  4. If it is customary in commercial transactions, or if laid down by generally binding legal regulations, the operator will issue the customer a tax document – an invoice – for payments made on the basis of the purchase contract. The operator will issue the tax document – invoice to the customer after the order price has been paid and will send it in electronic form to the customer’s email address.
  5. Online payments for the operator are processed by the Comgate Payment Gateway. The service provider, Comgate a.s., is a licensed payment institution supervised by the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.

Comgate a.s., OC Aupark, Gočárova tř. 1754/48b, 500 02 Hradec Králové 2–Pražské Předměstí
Company ID (IČ): 27924505, E-mail: podpora@comgate.cz, Phone: +420 228 224 267

V. Other Rights and Obligations of the Contracting Parties

  1. The customer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract in certain cases, specifically from a purchase contract for the delivery of goods in a sealed package that is not suitable for return for health protection or hygiene reasons, once the consumer has breached the seal.
  2. If the customer has chosen a method of delivery other than the cheapest one offered by the operator, the operator will refund the customer the cost of delivering the goods in an amount corresponding to the cheapest offered method of delivery.
  3. The customer must return the goods to the operator undamaged, unworn, and unsoiled, and, if possible, in the original packaging. The operator is entitled to unilaterally set off any claim for damages caused to the goods against the customer’s claim for a refund of the purchase price.
  4. The operator is entitled to withdraw from the purchase contract due to stock sell-out or the goods being unavailable. The operator will promptly inform the customer via the email address provided in the order. If the operator has received funds in connection with the order, it will return them within 14 days of the notification of the withdrawal from the purchase contract, in the same manner. Alternatively, the customer may be offered an alternative, which they are entitled to accept; by doing so, the operator’s performance is deemed proper.
  5. Upon receipt of the goods, the customer must check the delivered goods and assert any apparent defects immediately upon receipt of the goods, or immediately thereafter.
  6. The operator handles customer complaints at the email address info@lumissio.com. Complaints can only be made within 3 days of the goods’ delivery date. Complaints submitted later cannot be taken into account.
  7. The operator will send information on the handling of the customer’s complaint to the customer’s email address.
  8. The operator is not bound by any codes of conduct in relation to the customer within the meaning of Section 1826(1)(e) of the Civil Code.
  9. The customer has the right to withdraw from the purchase contract without providing a reason within 14 days of the goods’ delivery.
  10. To withdraw from the contract, the customer may use the form, which they will send to the operator either via postal service or to the email address info@lumissio.com.
  11. The customer can find the form in the email by which they were notified of the order’s dispatch or on the website www.lumissio.com.
  12. When withdrawing from the contract, the customer bears the costs of returning the goods, specifically postage (shipping) and packaging costs.
  13. For out-of-court resolution of consumer disputes arising from the purchase contract, the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No. 000 20 869, internet address: http://www.coi.cz, is competent.
  14. The operator is authorized to sell goods on the basis of a trade license. Trade supervision is carried out, within its jurisdiction, by the relevant trade licensing authority. Supervision of the personal data protection area is carried out by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). Within the specified scope, the Czech Trade Inspection Authority also exercises oversight of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
  15. The customer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

VI. Rights Arising from Defective Performance

  1. The operator is liable to the customer for the goods being free from defects upon receipt. In particular, the operator is liable to the customer that, at the time the customer took over the goods:
    • the goods have the properties agreed upon by the parties, or, in the absence of such an agreement, those properties that the operator or the manufacturer described or that the customer expected given the nature of the goods and based on the advertising carried out by them,
    • the goods are suitable for the purpose stated by the operator for their use or for which goods of this type are usually used,
    • the goods correspond in quality or design to the agreed sample or model, provided that the quality or design was determined by an agreed sample or model,
    • the goods are in the appropriate quantity, measure, or weight, and comply with legal regulations.
  2. The operator’s obligations arising from defective performance exist at least to the extent of the manufacturer’s obligations arising from defective performance. Otherwise, the customer is entitled to claim a defect that appears in consumer goods within twenty-four months of receipt.
  3. If a period is stated on the sold goods, on their packaging, in the instructions attached to the goods, or in advertising, in accordance with other legal regulations, during which the goods can be used, the provisions on a quality guarantee apply. Under the quality guarantee, the operator undertakes that the goods will remain suitable for use for the usual purpose or will retain their usual properties for a certain period.
  4. The provisions of the preceding paragraph of these terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of goods caused by normal use, to used goods for a defect corresponding to the degree of use or wear and tear the goods had when taken over by the customer, or if it follows from the nature of the goods. The customer has no rights arising from defective performance if, before receiving the goods, they knew that the goods had a defect, or if they caused the defect themselves.
  5. If a defect occurs, the customer may file a complaint with the operator and request:
    • a replacement with new goods,
    • repair of the goods,
    • a reasonable discount on the purchase price,
    • withdrawal from the contract.
  6. The customer has the right to withdraw from the contract:
    • if the goods have a substantial defect,
    • if the customer cannot properly use the item due to a repeated occurrence of a defect or defects after repair,
    • if there are multiple defects in the goods.
  7. A breach of contract is substantial if, at the time of concluding the contract, the breaching party knew or should have known that the other party would not have concluded the contract had it foreseen such a breach.
  8. In the case of a defect that constitutes a non-substantial breach of contract (regardless of whether it is a removable or non-removable defect), the customer is entitled to the removal of the defect or a reasonable discount on the purchase price.
  9. If a removable defect recurs after repair (usually a third complaint regarding the same defect or a fourth complaint regarding different defects) or if the goods have a larger number of defects (usually at least three defects at once), the customer has the right to request a discount on the purchase price, a replacement of the goods, or withdraw from the contract.
  10. When filing a complaint, the customer must notify the operator of their chosen right. Changing the choice without the operator’s consent is only possible if the customer has requested a repair of a defect that proves to be irreparable. If the customer does not choose their right arising from a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach of contract.
  11. If repair or replacement of the goods is not possible, the customer, based on withdrawal from the contract, may request a full refund of the purchase price.
  12. If the operator proves that the customer knew about the defect of the goods before taking them over or that they caused the defect themselves, the operator is not obliged to meet the customer’s claim.
  13. The customer cannot claim discounted goods for a reason for which the goods were discounted.
  14. The operator is obliged to issue a written confirmation to the customer specifying when the customer exercised their right, what the content of the complaint is, which complaint resolution method the customer requests, and also confirmation of the date and manner of the complaint resolution, including confirmation of the repair performed and its duration, or a written justification for rejecting the complaint.
  15. The operator or an authorized employee will decide on the complaint within three working days. This period does not include a time adequate for the type of product or service necessary for professional assessment of the defect. Complaints, including defect removal, must be settled without undue delay, at the latest within 30 days from the date the complaint is filed, unless the operator agrees with the customer on a longer period. After this period has passed in vain, it is considered a substantial breach of contract, and the customer has the right to withdraw from the purchase contract. The moment of filing a complaint is deemed to be the moment the operator receives the customer’s expression of will (exercising the right arising from defective performance).
  16. The operator will inform the customer in writing about the outcome of the complaint.
  17. The customer has no rights arising from defective performance if they knew about the defect before receiving the goods or if they themselves caused the defect. The customer must follow the operator’s instructions regarding the care of the goods.
  18. If the complaint is justified, the customer has the right to reimbursement of reasonably incurred costs in connection with filing the complaint. The customer can exercise this right with the operator within one month after the warranty period has expired; otherwise, a court may not grant it.
  19. The choice of the method of complaint resolution belongs to the customer.
  20. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code, as well as by Act No. 634/1992 Coll., on Consumer Protection.

VII. Notice Regarding Product Characteristics

  1. In accordance with Section 9 of Act No. 634/1992 Coll., on Consumer Protection, as amended, the seller hereby provides information on the product’s manner of use and maintenance, as well as on any risks arising from improper use or maintenance.
  2. Each product is labeled with information in compliance with the ČSN EN 15494 standard.
  3. We recommend storing candles in a dry environment, out of direct sunlight, at temperatures between 5°C and 25°C, so as not to adversely affect their properties or fragrance.
  4. The products offered by the seller are intended for use solely by adults of sound mind. The seller assumes no liability for any misuse of these products. Each product is used at the user’s own risk.
  5. It is prohibited to use these products internally. If ingestion occurs, seek medical attention immediately.
  6. The products are made of/contain natural soy wax. If you are allergic to these substances, coming into contact with them may pose a danger.
  7. A burning product must never be left unattended.
  8. A burning product must be placed out of reach of children and animals.
  9. A burning product must never be left near objects that can easily catch fire. Always place it on a non-flammable, stable, and level surface.
  10. A gap (at least 10 cm) must be left between burning products.
  11. Products must always be used in an upright position, placed away from drafts and heat sources. Do not use products near open windows, fans, or air conditioning.
  12. Do not discard matches, cigarette butts, or other objects into the melted wax. Wax should be caught in an appropriate manner on a non-flammable and washable surface; if such a surface is not used, damage may occur to the candle’s base, particularly due to melted wax released by burning.
  13. It is not recommended to move a burning product. Before handling or moving the product, always extinguish it safely and let it cool.
  14. The product’s flame must always be extinguished once you finish using it.
  15. Failure to comply with points 7 to 14 of this article may result in a fire hazard.
  16. The seller assumes no liability for damage caused by failure to follow these safety instructions.

VIII. Processing and Protection of Personal Data

  1. In this article, the operator fulfills its information obligation to the customer under 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 “GDPR”).
  2. The customer hereby grants the operator consent to process personal data for the purpose of operating the website, for the fulfillment of the contract, and for sending commercial communications.

    a) Processing of personal data when using the contact form
    • If the customer contacts the operator via the contact form, the operator will handle the customer’s contact details, which the customer provides in the contact form, i.e., first name, last name, email address, or possibly a phone number.
    • This information is stored for the purpose of contacting the customer back.
    • The operator will process the data obtained from the contact form for as long as necessary, but no longer than 2 years from the last communication.

    b) Processing of personal data when concluding a purchase contract
    • If the customer concludes a purchase contract with the operator, the operator will handle the contact details provided by the customer, i.e., first name, last name, address, email address, or possibly a phone number.
    • This data is stored for the purpose of ensuring mutual rights and obligations arising from the purchase contract, as well as in connection with payment through the entity Comgate, and also for obligations stemming from the law.
    • The data obtained from a concluded purchase contract will be processed as long as necessary, but no longer than 10 years from the conclusion of the purchase contract.

    c) Processing of personal data for the purpose of sending commercial communications (newsletters)
    • If the customer has not opted out of receiving commercial communications from the operator when concluding the purchase contract, the customer’s email address will be used for this purpose.
    • The customer can unsubscribe from receiving commercial communications at any time, either via the link provided in the email or by sending an email to info@lumissio.com.
  3. The personal data will be processed by the operator (controller).
  4. For the purpose of fulfilling all obligations, the customer’s data will also be provided to other entities, namely:
    • the operator of the Upgates e-shop platform (EVici webdesign s.r.o., with registered office at Petra Bezruče 139, 747 91 Štítina, Company ID No. 28598661, a company registered with the Regional Court in Ostrava, Section C, Insert 33912)
    • companies involved in shipping the goods, in particular Česká pošta, s.p., Direct Parcel Distribution CZ s.r.o., Zásilkovna s.r.o., General Logistics Systems Czech Republic s.r.o., PPL CZ s.r.o., depending on the carrier chosen by the customer.
    • the company involved in processing payments, Comgate a.s., with registered office at Gočárova třída 1754/48b, 500 02, Hradec Králové, Company ID No. 27924505.
    • the provider of the emailing service
    • a marketing agency
  5. The customer may withdraw consent to the processing of personal data at any time by sending an email to info@lumissio.com.

IX. Sending Commercial Communications and Storing Cookies

  1. Pursuant to Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on the Amendment of Certain Acts (the Act on Certain Information Society Services), as amended, the customer agrees to the sending of commercial communications by the operator to the customer’s email address. The operator fulfills its information obligation towards the customer under Article 13 of the GDPR regarding the processing of the customer’s personal data for the purpose of sending commercial communications in Article VI of these terms and conditions.
  2. The customer consents to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill the customer’s obligations arising from the purchase contract without the need to store cookies on their computer, the customer may revoke this consent at any time.
  3. The operator uses the following cookies on the website:
    • Necessary cookies: These are essential for the functioning of the website. For example, they allow you to log into secure parts of the site and other basic functions. This category of cookies cannot be disabled.
    • Analytical/statistical cookies: These enable the operator to recognize and count visitors and see how visitors use the website. They help the operator improve the way the website works, for example, by making it easier for users to find what they’re looking for. These cookies are only triggered with the prior consent of the visitor/customer.
    • Advertising cookies: They are used to track preferences and allow for the display of advertising and other content that best match the visitor’s/customer’s interests and online behavior. These files are only triggered with the visitor’s/customer’s prior consent.

X. Final Provisions

  1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered in writing to the other contracting party, specifically by email given during registration or in the order.
  2. If any provision of these terms and conditions is invalid or ineffective, or becomes such, the provision whose meaning is as close as possible to the invalid provision shall be substituted. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
  3. The operator is not liable for errors resulting from third-party interference with the online store or from its use contrary to its intended purpose. The customer must not use procedures during use of the online store that could adversely affect its operation, and must not carry out any activity that could enable the customer or third parties to unlawfully interfere with or unlawfully use the software or other components comprising the online store, or use the online store or any part of it, including its software, in a manner that is contrary to its intended purpose or aim.
  4. The purchase contract, including these terms and conditions, is archived by the operator in electronic form for a limited period and is not accessible.
  5. These General Terms and Conditions come into effect on April 1, 2025.