Terms and conditions and complaints procedure for the online store www.fungipress.eu 

1. GENERAL PROVISIONS

1.1 These terms and conditions and complaints procedure for the online store www.fungipress.eu (hereinafter referred to as 'terms and conditions') apply to purchases made in the online store www.fungipress.eu, which is operated by Michal Mikšík, Lečkova 1521/15 14900 Prague 4 Chodov, Company ID No.: 19311915

1.2 These Terms and Conditions define and specify the rights and obligations of the seller and the buyer (hereinafter referred to as the 'buyer' or 'customer'). The seller's details are as follows: Company: Michal Mikšík, Lečkova 1521/15 14900 Prague 4 Chodov Company ID: 19311915

Email address: kniha.hriby@gmail.com  Tel.: +420731142994

1.3 If the buyer is a consumer as defined in point 2.2 below, any relations not governed by these terms and conditions shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the 'Civil Code') and Act No. 634/1992 Coll. on consumer protection, as amended (hereinafter referred to as the 'Consumer Protection Act').

1.4 If the buyer is an entity other than a consumer as defined in point 2.3 below, relations not governed by these Terms and Conditions shall be governed by the ObčZ (whereby, pursuant to Section 2158(1) of the ObčZ, the provisions of Sections 2158 to 2174 of the ObčZ shall not apply).

1.5 By concluding the purchase contract, the buyer confirms that they have read these terms and conditions, are familiar with their content and agree with them. These terms and conditions form an integral part of the concluded purchase contract.

2. DEFINITION OF TERMS AND PROCEDURE FOR CONCLUDING THE PURCHASE CONTRACT

2.1 The seller is a legal entity acting within the scope of its business activities when concluding and performing the contract. The seller supplies products or provides services to the buyer directly or through other entrepreneurs.

2.2 The buyer – consumer is any buyer, unless it is a buyer – other entity as defined in paragraph 2.3 of these terms and conditions.

2.3 Buyer – other entity is a buyer who is an entrepreneur and, upon conclusion of the contract, it is clear from the circumstances that the purchase relates to their business activities. An entrepreneur is a person who independently performs gainful activities on their own account and responsibility in a trade or similar manner with the intention of doing so systematically for the purpose of making a profit. Any person who concludes contracts related to their own business, manufacturing or similar activities or in the independent exercise of their profession, or a person acting on behalf of or on account of an entrepreneur, is also considered an entrepreneur.

2.4 Subject of purchase – the subject of purchase under the purchase contract is the goods specified in the binding order confirmation by the seller, which concludes the purchase contract (hereinafter also referred to as 'goods'). The subject of the contract and the purchase price do not include the assembly of the goods or their delivery to the floor. Information about the goods available at www.fungipress.ee is provided according to currently available data and information. The information about the goods, including the purchase price, at the time the buyer delivers the order to the seller is decisive.

2.5 Prices are contractual prices and are stated in CZK and EUR. Prices in CZK include VAT (the seller is not a VAT payer). Transport costs are added to the price in accordance with the rules set out below in Article 5 of these Terms and Conditions.

2.6 The procedure for concluding a purchase contract is as follows. The buyer's order is a draft purchase contract. The purchase contract is concluded by acceptance of this draft, namely by binding confirmation of the order by the seller delivered to the buyer by email. The buyer's order and the binding confirmation of the order by the seller are considered delivered if the parties to whom they are addressed can familiarise themselves with them. From this moment, mutual rights and obligations arising from the concluded purchase contract arise between the buyer and the seller. If the buyer discovers errors or other discrepancies in the binding acceptance of the order, they shall inform the seller of this fact by email at the latest before the seller's notification of dispatch of the purchased goods. Changes and additions to an order already placed, whether made before or after acceptance of the order by the seller, must be made by email to kniha.hriby@gmail.com or by telephone to the seller on tel.731 142 994; however, such changes and additions are only effective against the seller after approval by the seller. The seller is entitled to refuse an order if it is not possible to deliver the ordered goods to the buyer due to stock depletion or unavailability of goods (actual impossibility of performance). The customer will be informed of the cancellation of the order by telephone or e-mail. The invoice will be delivered to the customer together with the delivered goods. It is not possible to change the billing and delivery details on the invoice after the order has been delivered.

3. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES, RESERVATION OF OWNERSHIP

3.1 By concluding the purchase contract, the seller is obliged to hand over the subject of purchase to the buyer and the buyer is obliged to take over the subject of purchase and pay the seller the agreed price, i.e. the purchase price of the goods and transport costs.

3.2 The seller shall deliver the goods specified in the buyer's electronic order (order delivered by e-mail) on the order form completed by the buyer when ordering the goods, which is confirmed by a binding order confirmation from the seller.

3.3 The seller undertakes to deliver flawless goods to the buyer in accordance with the valid legal order of the Czech Republic to the address provided by the buyer, if such address is within the territory of the Czech Republic.

3.4 The buyer is obliged to take delivery of the goods ordered and delivered in accordance with the purchase contract and the terms and conditions. The buyer is obliged to pay the seller the purchase price and shipping costs properly and on time in accordance with the terms agreed in the purchase contract and the terms and conditions.

3.5 Ownership of the goods shall pass to the buyer upon full payment of the purchase price. The risk of accidental destruction and accidental deterioration of the goods shall pass to the buyer upon delivery of the goods to the buyer.

3.6 In accordance with Section 1829(1) of the Civil Code, the buyer – consumer has the right to withdraw from the purchase contract without giving any reason within fourteen days. The period referred to in the previous sentence shall run

* in the case of a purchase contract, from the date of receipt of the goods,

* a contract for several types of goods or for the delivery of several parts, from the date of receipt of the last delivery of goods, or

* a contract for the regular repeated delivery of goods, from the date of receipt of the first delivery of goods.

The above deadline for withdrawal from the purchase contract is considered to have been met if the buyer – consumer sends the seller a notice of withdrawal from the contract during this period. In such a case, the consumer shall bear the direct costs associated with returning the goods and the direct costs of the returned goods. The costs associated with returning the goods also include the costs of returning the goods to their original condition if the goods have been damaged or show signs of wear and tear, provided that the reduction in the value of the goods is due to handling of the goods in a manner other than that necessary to familiarise oneself with the nature and characteristics of the goods, including their functionality. If the returned goods are damaged, non-functional, incomplete or show signs of wear and tear and/or use as described in the previous sentence, the buyer-consumer will be refunded all funds received by the seller, minus the costs incurred by the seller in restoring the goods to their original condition. This does not affect the right to compensation for damage incurred by the seller.

3.7 If the buyer-consumer decides to withdraw from the purchase contract, the seller recommends the following procedure: the buyer-consumer may contact the seller using the form provided by the seller, which forms an annex to these terms and conditions, or in any other form of unilateral legal act, e.g. by letter sent via a postal service provider to the address of the seller's registered office, or by email to kniha.hriby@gmail.com, stating in writing that they are withdrawing from the contract, including the order number, date of purchase and account number for the refund (i.e. the purchase price and costs of delivery of the goods to the place specified by the buyer). The seller shall confirm to the buyer-consumer in writing the acceptance of the legal act constituting withdrawal without undue delay. In the event of withdrawal from the contract by the buyer-consumer, the buyer-consumer shall send or hand over to the seller without undue delay, no later than fourteen days from withdrawal from the contract, the goods received from the seller; this period shall be deemed to have been observed if the buyer-consumer sends the goods to the seller within this period. All funds received by the seller from the buyer-consumer, including delivery costs (except for additional costs arising from the method of delivery chosen by the buyer-consumer, which is different from the cheapest standard delivery method offered by the seller), will be refunded using the same means of payment used by the consumer-buyer to make the initial transaction (unless the consumer-buyer has expressly specified otherwise), within fourteen days of withdrawal from the contract, but not earlier than the consumer-buyer hands over the goods to the seller or proves that the goods have been sent to the seller.

4. PAYMENT TERMS

4.1 The goods will be handed over to the buyer only after full payment of the purchase price.

4.2 The buyer may pay the purchase price, cash on delivery and shipping costs (i) in person upon receipt of the goods from the transport company employee, if the goods are sent cash on delivery, (ii) by bank transfer.

5. DELIVERY TERM AND TRANSPORT

5.1 The goods will be delivered to the customer on working days only within the Czech Republic between 8:00 a.m. and 5:00 p.m., no later than 7 working days after the conclusion of the purchase contract, unless otherwise stated for the product, and full payment of the purchase price and shipping costs, or within 7 working days after the conclusion of the purchase contract in the case of cash on delivery (hereinafter referred to as the 'delivery date'). The goods are delivered to the delivery address specified in the order to the first entrance door, if conditions permit. The driver may request the customer's assistance when unloading the goods. For international shipments, the seller shall dispatch the shipment within 3 working days, stating the estimated delivery time according to the type of shipment and country of delivery based on information provided by the carrier Česká pošta a.s.

5.2 Upon receipt of the shipment, the customer is obliged to check the shipment to ensure that the packaging is intact and that the shipment does not show any obvious signs of damage. This check does not apply to the contents of the shipment. If the buyer finds obvious signs of damage upon receipt of the shipment, the customer is not obliged to accept the shipment and shall draw up a damage report with the carrier. The buyer shall report any damage to the shipment during transport to the seller without undue delay. It is recommended that this damage report be made to the seller in writing. If the customer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report. At the same time, the customer shall check the number of packages on the delivery note, which must match the actual number of packages delivered. If the number of packages on the delivery note does not match the number of packages delivered, the customer shall accept the shipment with reservations on the delivery note and report the complaint in writing. If they fail to do so, the complaint about the missing package(s) will not be accepted.

5.4 Transport costs for shipments by individual transport companies are governed by the current price list of the individual carriers.

5.9 The customer is obliged to pay the actual transport costs (freight) even if they do not accept the goods sent by the transport company for reasons on their part. In the event of shipment of the goods to the customer, an invoice for the shipping costs will be sent to the customer. The above does not apply if the customer notifies the seller in writing of their withdrawal from the purchase contract in accordance with the procedure set out in Article 3.7 of these Terms and Conditions before the seller or the transport company notifies them of the shipment of the purchased goods.

5.10 The personal collection service is provided free of charge. The ordered goods can only be collected by agreement at the address Pobřežní 40, Prague 8, 18600. The customer shall collect the goods within 10 days of placing the order.

5.11 For goods that are currently out of stock, the customer may make a non-binding reservation by filling in the form for the specific product and providing their personal contact details. The customer will be informed when the product from the non-binding order is back in stock. By creating

a non-binding order, we do not guarantee the price of the product on the day it is created. The price of the product in a non-binding reservation is current on the day it is in stock.

6. QUALITY GUARANTEE UPON DELIVERY, RIGHTS FROM DEFECTIVE PERFORMANCE AND COMPLAINTS PROCEDURE

6.1 The seller is liable to the buyer-consumer for the item being free of defects upon delivery (quality guarantee upon delivery in accordance with Section 2161 of the Civil Code). The invoice for the goods also serves as the warranty certificate.

6.2 If the item does not have the properties specified in Section 2161 of the Civil Code, the buyer-consumer may also request delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only request replacement of the part; if this is not possible, they may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge. If the consumer buyer does not withdraw from the contract or does not exercise the right to delivery of a new item without defects, replacement of a part or repair of the item, they may request a reasonable discount. The consumer buyer is also entitled to a reasonable discount if the seller is unable to deliver a new item without defects, replace a part or repair the item, as well as if the seller fails to remedy the defect within a reasonable time or if remedying the defect would cause significant difficulties for the consumer buyer.

6.3 If a defect becomes apparent within six months of the goods being taken over by the consumer, it is assumed that the item was defective at the time of takeover.

6.4 The consumer is not entitled to rights arising from defective performance if the defects in the goods were caused by transport of the goods by the consumer or by unprofessional handling or assembly by the consumer.

6.5 A defect in the goods is not a normal difference in colour or structure in natural materials, textiles and artificial materials (e.g. minor deviations in the pattern or colour tone of fabrics). Differences within the tolerance range are not considered defects. In the case of goods sold at a lower price, the seller is not liable for defects for which a lower price was agreed.

6.6 The seller reserves the right to make minor technical changes to the goods sold.

6.7 The right to claim for defective performance does not apply to wear and tear caused by normal use, improper use or treatment, weather conditions, unprofessional handling, intentional damage or defects of which the customer was notified in writing in the purchase contract.

6.8 The buyer-consumer is entitled to exercise the right arising from a defect that occurs in the goods within twenty-four months of receipt, the buyer-other entity within six months of receipt. For used goods, the parties agree on a period for exercising rights arising from defective performance of twelve months from receipt.

6.9 In the case of defective performance, the following is agreed for the buyer-other entity, notwithstanding the relevant provisions of the Civil Code:

* the occurrence of a repairable defect or repairable defects shall always be considered a minor breach of contract and not a material breach,

* in the event of a minor breach of contract, the buyer-other entity shall be entitled to have the defect removed or to a reasonable discount on the purchase price, at the seller's discretion,

* in the event of a material breach of contract, the buyer-other entity shall be entitled to a reasonable discount on the purchase price or to withdraw from the contract.

6.10 If the customer discovers damage to the shipment other than obvious damage that is likely to have been caused by the carrier, the following procedure is recommended. The customer shall fill out a complaint form and send it to the seller by email without undue delay, no later than 3 working days from the date on which the shipment was delivered to the customer. The customer must not tamper with the shipment in any way and must ensure that the packaging in which the shipment was delivered is retained. At the same time, the customer shall send photographic documentation of the damaged goods, packaging and delivery label.

6.11 The buyer may lodge a complaint with the seller via the seller's website or at any of the seller's stores in the Czech Republic. The seller recommends that the buyer follow the following procedure for filing a complaint: (i) by filling in the appropriate form on the seller's website and sending it to the seller by email, or (ii) by letter delivered to the seller, in both cases the buyer shall enclose photographic documentation of the damaged goods.

6.12 The seller shall decide on the complaint of the buyer – consumer immediately, in complex cases within 3 working days. This period does not include the time required for expert assessment of the defect, depending on the type of goods. Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer – consumer agree on a longer period.

6.13 In accordance with the provisions of Section 14 of the Consumer Protection Act, the seller informs the buyer-consumer that the competent body for out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority. More detailed information about this body can be found on the website: www.coi.cz.

7. FINAL PROVISIONS

7.1 All contractual relationships are governed by Czech law.

7.2 These terms and conditions come into effect on the date of their publication and, in their current version, are decisive for all orders placed on that date and later. The seller reserves the right to change these terms and conditions. The new version of the terms and conditions will be published on the seller's website www.fungipress.eu. On the day of their publication, the previous terms and conditions shall cease to be valid, but this shall not affect purchase contracts concluded under the previous version of the terms and conditions (see the first sentence of this paragraph).

7.3 The buyer is not entitled to assign their claim against the seller arising from the purchase contract to a third party without the seller's consent.

7.4 Special agreements made with the customer in the purchase contract take precedence over the provisions of these terms and conditions that would conflict with them.