Terms and conditions

TERMS AND CONDITIONS

Bussiness owner
Kronium s.r.o.
with registered office at Rimska 526/20, 120 00 Prague 2, Czech Republic
identification number: 19989920
company registered in the commercial register kept by the Municipal Court in Prague, section C, insert 395181
for the sale of goods through an online store located at the internet address www.kronium.eu to buyers who are consumers or businesses who have not yet become a wholesale partner of the seller.

1. INTRODUCTORY PROVISION

1.1 These terms and conditions (hereinafter referred to as “terms and conditions”) of the trading company Kronium s.r.o., with registered office at Rimska 526/20, 120 00 Prague 2, Czech Republic, identification number: 19989920, entered in the commercial register kept by the Municipal Court in Prague, section C, insert 395181 (hereinafter referred to as “seller“) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as “Civil Code“) mutual rights and obligations of the contracting parties arising in connection with or on the basis of purchase contracts (hereinafter referred to as “purchase agreement“) concluded between the seller and another a natural or legal person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller at the internet address www.kronium.cz via a web interface (hereinafter referred to as “web interface of the store“).

1.2 Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.3 The terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the English language. The purchase contract can be concluded in English language.

1.4 The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

2. USER ACCOUNT

2.1 Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as “user account“). If the store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface.

2.2 When registering on wewebsite and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data listed in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3 Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access to his user account.

2.4 The buyer is not authorized to allow the use of the user account by third parties.

2.5 The seller may cancel the user account, especially in the case that the buyer no longer uses his user account, or in the case that the buyer violates his obligations under the purchase contract (including the terms and conditions).

2.6 The buyer acknowledges that the user account may not be available continuously, especially in view of the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

3. CONCLUSION OF PURCHASE CONTRACT

3.1 All presentation of goods located in the web interface of the store is informative and the seller is not obliged to enter into a purchase contract regarding these goods. Provision § 1732 paragraph 2 of the Civil Code does not apply.

3.2 The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid after the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions. If there is an obvious error in the stated price (e.g. goods that we sell on the web interface of the store for less than 10% of the usual price), the seller is not obliged to deliver with such an obviously erroneously stated price, and in the event that a purchase contract has already been concluded with such an incorrect price, the seller is entitled to withdraw from the contract. The seller informs the buyer about the error without undue delay and sends him a changed offer by e-mail. This is considered a new draft of the purchase contract, in which case the purchase contract is only concluded upon confirmation by the buyer that he agrees with the new price.

3.3 The web interface of the shop and order form also contains information about costs associated with packaging and delivery of goods and costs associated with the chosen method of payment of the purchase price.

3.4 To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

• ordered goods (ordered goods are “put” by the buyer into the electronic shopping basket of the web interface of the store),
• method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and
• information about costs associated with the delivery of goods and costs associated with the chosen method of payment of the purchase price of the goods (together referred to as “order“).

3.5 Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the “Buy” button. Before submitting an order, the buyer indicates their agreement to these terms and conditions. The data provided in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as “buyer's e-mail address“).

3.6 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

3.7 The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

3.8 The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including terms and conditions).

3.9 The buyer agrees to using remote communication means when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND TERMS OF PAYMENT

4.1 The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

• by cashless transfer to the seller's account No. IBAN: CZ1520100000000062006002, BIC/SWIFT FIOBCZPPXXX, (for payments in EUR) held at Kronium s.r.o. (hereinafter „seller account“);
• cashless payment card MasterCard, Maestro, VISA and VISA Electron, Google Pay, Apple Pay

4.2 Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods and the costs associated with the chosen method of payment in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods and the costs associated with the selected method of payment.

4.3 In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.

4.4 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account. In the case of non-cash payment, the goods are sent to the buyer only after the full purchase price has been paid.

4.5 The seller is entitled, especially in the case that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. Provision § 2119 paragraph 1 of the Civil Code does not apply.

4.6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.7 The seller issues a tax document to the buyer regarding payments made on the basis of the purchase contract – invoice. The seller is the payer of value added tax.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1 This article of the terms applies only to consumers. As a consumer, i.e. a person who enters into a purchase contract outside the scope of his business or similar activity, the buyer has the right to withdraw from the purchase contract concluded via the web interface of the store or in another remote way within 14 days of receiving the goods. If the goods are sent in several shipments, the deadline is calculated from the receipt of the last shipment. If the goods are delivered regularly, the period for withdrawing from the purchase contract is calculated from the delivery of the first delivery. This article of the terms and conditions, like the entire terms and conditions, applies only to consumers.

5.2 The buyer acknowledges that according to stipulations § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of perishable goods, as well as goods that have been irreversibly mixed after delivery with other goods, from the purchase contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and for hygienic or health safety reasons it is not possible to return it, and from the purchase contract for the delivery of an audio or video recording or a computer program, if he has violated their original sealed packaging.

5.3 Withdrawal from the purchase contract must be sent to the seller within the period for withdrawal from the purchase contract according to paragraph 5.1. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address flashlights@kronium.eu. The buyer can also withdraw from the purchase contract by making any clear statement to the seller.

5.4. The buyer can try the goods (outside of the exceptions mentioned), but only to familiarize himself with its nature, properties and functionality in the same way that he would view or try it on in a store. If the buyer tests or uses the goods more and somehow reduces their value by handling them, the seller can refund him the amount reduced by the cost of bringing the goods to such a condition that he can sell them to other customers.

5.5 In the case of withdrawal from the contract according to this article of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. The goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

5.6 In the case of withdrawal from the contract according to this article of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, and in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller. The cost of returning the goods to the seller is borne by the buyer.

5.7 The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.8 In cases when the buyer has in accordance with § 1829, paragraph 1 of the Civil Code, the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the buyer. In this case, the seller will refund the purchase price to the buyer without undue delay, without cash to the account specified by the buyer.

5.9. If the seller sent the buyer some free performance (gift) together with the goods, the buyer is obliged to return the free performance in the event of withdrawal from the purchase contract.

6. CARRIAGE AND DELIVERY OF GOODS

6.1 The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. If the method of transport is contracted based on the buyer's request, the buyer bears the risk and any additional costs associated with this method of transport. The goods will be delivered to the buyer within 30 days, unless otherwise agreed with the seller. Otherwise, the buyer is entitled to withdraw from the purchase contract.

6.2 If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3 If, for reasons on the part of the buyer, the goods have to be delivered repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another method of delivery.

6.4 When taking over the goods from the carrier, the buyer is recommended to check the integrity of the packaging of the goods and, in the case of any defects, notify the carrier immediately. In the case of finding a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1 The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding regulations. According to these applicable legal regulations, the scope of the basic two-year guarantee for quality, which the manufacturer (and thus also the seller) provides to the buyer for all goods sold, and which begins to run on the day of handover and acceptance of the goods by the buyer, respectively. by the delivery of the goods to their destination when the goods are sent by the seller.

7.2 The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods, that the goods:

• corresponds to the agreed description, type and quantity, as well as quality, functionality and other agreed characteristics;
• it is fit for the purpose for which it is required by the buyer and agreed to by the seller;
• is supplied with agreed accessories and instructions for use, including instructions for assembly or installation

Dále prodávající odpovídá za to, že vedle ujednaných vlastností:

• the goods are suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards;
• the quantity, quality and other properties of the goods, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labeling;
• the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use which the buyer can reasonably expect;
• the goods correspond to the quality or execution of the sample or template that the seller provided to the buyer before the conclusion of the purchase contract.

The seller is not responsible for the last four points if, before concluding the purchase contract, he separately warned the buyer that some property of the goods is different, and the buyer expressly agreed to this when concluding the purchase contract.

The seller is also responsible for a defect caused by incorrect assembly or installation, which was carried out by the seller or someone else under the seller's responsibility according to the purchase contract.

7.3 Provisions listed in Art. 7.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods to a defect corresponding to the degree of use or wear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods.

7.4 The buyer can exercise rights from defective performance within two years of taking over the goods. This period does not run during the time when the buyer could not use the item in the event that he complained about the defect legitimately (e.g. if the seller had the goods with him due to an ongoing complaint). If a defect in the goods purchased by the consumer becomes apparent within one year of receipt, it is considered that the goods were already defective upon receipt, unless the nature of the matter precludes this.

7.5 Rights from defective performance are exercised by the buyer at the seller at the address of his place of business, where complaints can be received with regard to the range of goods sold, or at the registered office or place of business or via e-mail at the address flashlights@kronium.eu. The moment when the claim is made is considered to be the moment when the seller received the claimed goods from the buyer and the requested necessary cooperation, in particular allowed the seller to review the claimed goods.

7.6 The buyer is obliged to prove the purchase of the goods (ideally the serial number with which the goods were provided at the time of sale and which matches the record in the seller's electronic system). The goods should be packed in suitable packaging during transport to avoid damage, they should be clean and complete.

7.7. If the goods have a defect, the buyer can request its removal. At its option, it may request:

• delivery of a new item without defects; or
• fixing the item

unless the method chosen for the seller to remove the defect is impossible or disproportionately expensive compared to the other. In such a case, the seller can refuse to remove the defect, especially with regard to the significance of the defect and the value that the goods would have without the defect.

7.8. In these cases, the buyer can request a reasonable discount or withdraw from the purchase contract:

• unless the seller refused to remove the defect or did not remove it within a reasonable time after it was pointed out so that the team did not cause significant difficulties to the buyer;
• when the defect manifests itself repeatedly, which means three times or more;
• if the defect is a material breach of the purchase contract;
• when it is obvious from the seller's statement or the circumstances that he will not remove the defect in a reasonable time or without significant difficulties for the buyer.

7.9. However, the buyer cannot withdraw from the purchase contract, unless the defect in the goods is significant.

7.10. The buyer can claim rights from errors directly to the seller. However, if someone else (e.g. service) is designated for the repair, the buyer can point out the defect to the person designated to carry out the repair.

7.11. Until the seller fulfills his obligations due to defective performance, the buyer does not have to pay him the price that has not yet been paid or part of it.

7.12 After the decision on the complaint in accordance with Article 7.13 below, the seller issues to the buyer a written confirmation in the form of a document or e-mail about when the buyer made the complaint, what the content of the complaint is and what method of handling the complaint the buyer requires. The seller will also issue a confirmation to the buyer about the date and method of settling the complaint, including any confirmation about the execution of the repair and its duration, or a written justification for rejecting the claim.

7.13 The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product needed for a professional assessment of the defect. The buyer's complaint, including the removal of the defect, must be dealt with without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period

7.14. The buyer has the right to reimbursement of the costs incurred for the purpose of making a claim, when these costs are understood to be the lowest possible. The buyer must request reimbursement of costs no later than one month from the end of the period for pointing out the defect, otherwise they may not be awarded to him.

7.15 For selected types of goods specified by the seller in the web interface of the store (e.g. on the page Fenix warranty conditions) the seller assumes an additional quality warranty, which begins immediately after the end of the basic two-year quality warranty.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2 The buyer acknowledges that the software and other components forming the web interface of the store (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the store's web interface.

8.3 When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the store. The store's web interface can only be used to an extent that does not infringe on the rights of other customers of the seller and is in accordance with its purpose.

8.4 The seller is not bound by any codes of conduct in relation to the consumer within the meaning of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

8.5 Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, ID number: 000 20 869, internet address: http://www. coi.cz. Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only in the event that the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time. The consumer has the right to initiate an out-of-court dispute resolution online through the ODR platform available at http://ec.europa.eu/consumers/odr/.

8.6 The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within the scope of its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.7 The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1 The protection of personal data in relation to the buyer is regulated in accordance with Regulation (EU) 2016/679 (GDPR). Its specific form is contained in the document Privacy policy.

10. DELIVERY

10.1 Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by electronic mail, in person or by registered mail via a postal service provider (at the sender's choice). It can be delivered to the buyer to the e-mail address specified in his user account or specified by the buyer in the order.

10.2 The message is delivered:

• in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail can be ensured by a certificate,
• in the case of delivery in person or through a postal service operator, with the recipient taking over the shipment,
• in the case of delivery in person or through a postal service operator, also by refusing to accept the parcel, if the addressee (or the person authorized to accept the parcel on his behalf) refuses to accept the parcel,
• in the case of delivery via a postal service operator after the expiration of a period of ten (10) days from the date of depositing the parcel and giving the addressee a call to collect the deposited parcel, if the parcel is deposited with the postal service operator, including in the case, that the addressee did not find out about the storage.

11. FINAL PROVISIONS

11.1 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights resulting from generally binding legal regulations.

11.2 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require written form.

11.3 The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

11.4 The annex to the terms and conditions consists of a sample form for the consumer to withdraw from the purchase contract.

11.5. The Seller processes the data of the Buyers, or their employees or cooperating persons, more here.

11.6 Contact details of the seller: delivery address Římská 526/20, Prague 2, 120 00, Czech Republic, e-mail address flashlights@kronium.eu, telephone +420 222 200 444.

In Prague on April 1st, 2024

APPENDIX TO BUSINESS TERMS

 You can download the sample form for consumer withdrawal from the purchase contract HERE.