Terms and Conditions

Legal Entity: XM Promotion Prague s.r.o.

Registered Office: Zlonicka 704/1, 19000 Prague

Identification Number: 04383460

For the sale of goods through an online store located at the internet address www.xmassacre.store

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the legal entity XM Promotion Prague s.r.o. with registered office at Zlonicka 704/1, 19000 Prague, identification number: 04383460, registered in the Trade Register - Prague Municipal Office, District 14 (hereinafter referred to as the "seller") regulate, 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 parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at www.xmassacre.store

(hereinafter referred to as the "website") through the interface of the online store (hereinafter referred to as the "web interface of the store").

1.2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods in the course of their business or within the scope of their independent professional activity.

1.3. Deviations from the terms and conditions can be agreed upon in the purchase agreement. Deviations in the purchase agreement take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.

1.5. 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 effectiveness of the previous wording of the terms and conditions.

2. USER ACCOUNT

2.1. Based on the registration of the buyer on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the online store interface allows it, the buyer can also place orders directly from the web interface of the store without registration.

2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data in the user account in case of any changes. 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 for accessing their user account.

2.4. The buyer is not entitled to allow third parties to use their user account.

2.5. The seller may cancel the user account, especially if the buyer does not use their user account for more than 12 months, or if the buyer violates their obligations from the purchase agreement (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 hardware and software equipment of the seller or the necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF PURCHASE AGREEMENT

3.1. All presentations of goods placed in the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase agreement regarding this goods. Section 1732 (2) of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods if the goods cannot be returned by regular mail due to its nature. The prices of the goods are stated, including value-added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.

3.3. The web interface of the store also contains information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods specified in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer will fill in the order form in the web interface of the store. The order form contains, in particular, information about:

3.4.1. the ordered goods (the buyer "puts" the ordered goods into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the desired method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (collectively referred to as the "order").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. The buyer will send the order to the seller by clicking on the "send order" button. The data entered in the order are considered correct by the seller. The seller will confirm the receipt of the order to the buyer immediately upon receiving the order by electronic mail to the buyer's email address specified in the user account or in the order (hereinafter referred to as the "buyer's email address").

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, expected 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 arises upon the acceptance of the order (acceptance) sent by the seller to the buyer by electronic mail to the buyer's email address.

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

4. PRICE OF GOODS AND PAYMENT CONDITIONS

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

- by bank transfer to the seller's account 2101787008/2010, held at FIO bank (hereinafter referred to as the "seller's account");
- by bank transfer via the Gopay payment system;
- through a credit provided by a third party.

4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or any similar payment from the buyer. This is not affected by the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 5 days from the conclusion of the purchase agreement.

4.5. In the case of non-cash payment, the buyer is obligated to pay the purchase price of the goods together with the specification of the payment variable symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's account.

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

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

4.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice regarding payments made under the purchase agreement to the buyer. The seller is the payer of value-added tax. The seller will issue the tax document - invoice to the buyer after payment of the purchase price and will send it electronically to the buyer's email address.

4.9. According to the law on the record of sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to record the received revenue with the tax administrator online; in case of technical failure, no later than within 48 hours.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the supply of goods that have been adjusted according to the buyer's wishes or for his person, from the purchase agreement for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase agreement for the supply of goods in a sealed package that the consumer has removed from the package and cannot be returned for hygienic reasons, and from the purchase agreement for the supply of sound or visual recordings or computer programs, if he has violated their original packaging.

5.2. If it is not a case specified in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the case of the purchase agreement for several types of goods or the delivery of several parts, this period runs from the receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the seller within the period mentioned in the previous sentence. For withdrawal from the purchase agreement, the buyer can use the form provided by the seller, which is an annex to the terms and conditions. The buyer can send the withdrawal from the purchase agreement, among other things, to the seller's address or to the seller's email address: info(at)xmassacre.store.

5.3. In the case of withdrawal from the purchase agreement according to Article 5.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of the withdrawal from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to its nature.

5.4. In the case of withdrawal from the purchase agreement according to Article 5.2 of the terms and conditions, the seller will refund the funds received from the buyer within fourteen (14) days of the withdrawal from the purchase agreement by the buyer, in the same way that the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer upon the return of the goods by the buyer or in another way if the buyer agrees and there are no additional costs to the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received funds to the buyer before the buyer returns the goods or proves that he has sent the goods back to the seller.

5.5. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to an account specified by the buyer.

5.7. If a gift is provided to the buyer together with the goods, a gift contract between the seller and the buyer is concluded with a dissolution condition that if the buyer withdraws from the purchase agreement, the gift contract loses its effectiveness regarding such a gift, and the buyer is obliged to return the provided gift to the seller together with the goods.

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. If the method of transport is agreed based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If 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. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the different method of delivery.

6.4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods, and in the event of any defects, immediately notify the carrier. If there is any damage to the packaging indicating unauthorized intrusion into the shipment, the buyer is not obliged to accept the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be governed by special delivery conditions issued by the seller, if the seller issues them.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. Rights and obligations of the contractual parties regarding rights arising from defective performance are governed by relevant generally binding legal regulations (in particular provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller warrants to the Buyer that the goods are free from defects upon receipt. In particular, the Seller warrants to the Buyer that at the time when the Buyer took over the goods:

7.2.1. the goods have the properties agreed upon by the parties, and if there is no agreement, they have such properties that the Seller or the manufacturer described or that the Buyer expected given the nature of the goods and based on the advertising carried out by them,

7.2.2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,

7.2.3. the goods correspond to the quality or performance agreed upon by the sample or template, if the quality or performance was determined according to the agreed sample or template,

7.2.4. the goods are in the appropriate quantity, measure, or weight, and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set forth in Article 7.2 of the terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by the usual use of the goods, for used goods for a defect corresponding to the extent of use or wear and tear which the goods had at the time of receipt by the Buyer, or if it arises from the nature of the goods.

7.4. If a defect occurs within six months of receipt, it shall be deemed that the goods were defective at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The Buyer exercises the rights from defective performance against the Seller at the address of his establishment where the complaint can be accepted with regard to the assortment of goods sold, or possibly at the registered office or place of business.

7.6. Further rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.

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. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.

8.3. The handling of consumer complaints is ensured by the Seller via the email address info(at)xmassacre.store. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's email address.

8.4. For out-of-court resolution of consumer disputes arising from a purchase agreement, the Czech Trade Inspection Authority (Česká obchodní inspekce) located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/en is competent. The platform for online dispute resolution available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from a purchase agreement.

8.5. The European Consumer Center Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.6. The Seller is authorized to sell goods based on a trade license. Trade control within its competence is carried out by the relevant trade licensing office. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority carries out, within its scope, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. By this, the Buyer assumes the risk of change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The Seller fulfills its information obligation towards the Buyer 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) ("GDPR") related to the processing of the Buyer's personal data for the purposes of fulfilling the purchase agreement, negotiating this contract, and fulfilling the Seller's public law obligations through a special document.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer agrees to receive information related to goods, services, or the Seller's business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address. The Seller fulfills its information obligation towards the Buyer under Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications through a special document.

10.2. The Buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and fulfill the Seller's obligations from the purchase agreement without storing so-called cookies on the Buyer's computer, the Buyer may revoke their consent at any time.

11. DELIVERY

11.1. Delivery to the Buyer may be made to the Buyer's email address.

11.2. Notice shall also be deemed delivered if the recipient has refused to accept it, it has not been collected within the storage period, or it has been returned as undeliverable.

11.3. The contracting parties may mutually deliver regular correspondence via email, to the email address provided in the Buyer's user account or as provided by the Buyer in the order, or to the address provided on the Seller's website.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the Buyer, who is a consumer, is not deprived of the protection afforded to them by provisions of law that cannot be derogated from by agreement, and which would be applicable in the absence of the choice of law under Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes invalid or ineffective, the meaning of the invalid provision shall be replaced by a provision as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The purchase agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

12.4. The appendix to the terms and conditions includes a sample form for withdrawal from the purchase agreement.

12.5. Contact details of the Seller: delivery address: XM Promotion Prague s.r.o. Zlonicka 704/1 Prague 19000, email address info(at)xmassacre.store, phone +420603788463

In Prague, on 01.2.2024.