General Terms and Conditions

Who are we?

> Company name: FIINYX VISION s.r.o.

> Registered office: Plk. Fr. Štičky 54, 252 26, Roblín, Czech Republic

> Company ID: 23120541

> Commercial Register: registered with the Municipal Court in Prague, Section C, File 421726

1. Introductory provisions

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of FIINYX VISION s.r.o., with its registered office at Plk. Fr. Štičky 54, 252 26, Roblín, Czech Republic, Company ID 23120541, registered with the Municipal Court in Prague under File No. C 421726 (hereinafter referred to as the “Seller”), govern 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 or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller at www.fotobatohy.cz (www.fotobatohy.sk, www.fotobatohy.com and other marketing domains) through the website interface (hereinafter referred to as the “Store Interface”).

1.2. These Terms and Conditions further govern the rights and obligations of the parties when using the Seller’s website located at www.fotobatohy.cz (hereinafter referred to as the “Website”) and other related legal relationships. These Terms and Conditions do not apply where a person intending to purchase goods from the Seller acts within the scope of their business activity when ordering the goods.

1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Agreement. Such individual arrangements in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.

1.4. The provisions of these Terms and Conditions form 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 may be concluded in the Czech language.

1.5. The Seller may amend or supplement these Terms and Conditions. This shall not affect rights and obligations arising during the period of validity 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 may be informed about newly published products by occasional emails, the receipt of which may be cancelled in the user account or by clicking the relevant link contained in each email. The Seller is not obliged to send such emails to all Buyers.

2.2. The Buyer may order goods through their user interface (hereinafter referred to as the “User Account”). The Buyer may also order goods without registration directly through the Store Interface.

2.3. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information entered in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods shall be deemed correct by the Seller.

2.4. Registration on the Website is available only to persons over 16 years of age. The Buyer is obliged to update the information entered in the User Account whenever it changes.

2.5. Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential all information necessary to access the User Account and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer. Access to the User Account may also be possible via third-party login services. The Seller is not responsible for the security of such login credentials and, by the nature of the service, cannot be, as the relevant data are not under the Seller’s control.

2.6. The Buyer is not entitled to allow third parties to use the User Account.

2.7. The Seller may cancel the User Account, in particular if the Buyer does not use the User Account for an extended period or if the Buyer breaches obligations arising from the Purchase Agreement (including these Terms and Conditions).

2.8. The Buyer acknowledges that the User Account may not be available continuously, in particular due to necessary maintenance of the Seller’s hardware and software or the hardware and software of third parties.

3. Conclusion of the Purchase Agreement

3.1. The Store Interface contains a list of goods offered by the Seller for sale, including the prices of individual goods. The prices include value added tax and all related fees and contributions. Offers to sell goods and their prices remain valid for as long as they are displayed in the Store Interface and, where applicable, until the end of a time-limited campaign. This provision does not restrict the Seller’s ability to conclude a Purchase Agreement on individually negotiated terms. All offers to sell goods displayed in the Store Interface are non-binding and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Czech Civil Code shall not apply.

3.2. The Store Interface contains information about the goods, including their prices and the cost of returning goods which, by their nature, cannot be returned by ordinary postal service. Prices include value added tax and all related fees. Prices remain valid for as long as they are displayed in the Store Interface. Prices are/are not personalised for the Buyer on the basis of automated decision-making.

3.2.1. The Store Interface also contains information about the costs associated with packaging and delivery of the goods, as well as the method and time of delivery. Information about packaging and delivery costs displayed in the Store Interface applies only where the goods are delivered within the Czech Republic. Where the Seller offers free delivery, the Buyer becomes entitled to free delivery only if the minimum total purchase price specified in the Store Interface is reached. If the Buyer partially withdraws from the Purchase Agreement and the total purchase price of the goods not subject to withdrawal falls below the minimum amount required for free delivery, the Buyer’s entitlement to free delivery shall cease and the Buyer shall pay the delivery costs to the Seller.

3.3. To order goods, the Buyer completes the order form in the Store Interface. The order form includes, in particular, information about:

3.3.1. the goods ordered (the Buyer “places” the selected goods into the electronic shopping cart in the Store Interface),

3.3.2. the method of payment of the purchase price, the requested method of delivery of the ordered goods, and

3.3.3. information about the costs associated with delivery of the goods (collectively referred to as the “Order”).

3.4. Before sending the Order to the Seller, the Buyer is allowed to check and modify the data entered in the Order, including correcting errors made when entering the data. The Buyer submits the Order to the Seller by clicking the “Confirm order and pay” button. The data stated in the Order shall be deemed correct by the Seller. Immediately after receiving the Order, the Seller shall confirm its receipt to the Buyer by email sent to the email address entered in the User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).

3.5. Depending on the nature of the Order (quantity of goods, purchase price, expected delivery costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer, for example in writing or by telephone.

3.6. The contractual relationship between the Seller and the Buyer is established upon delivery of the Seller’s acceptance of the Order, which is sent to the Buyer by email to the Buyer’s Email Address.

3.7. The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Agreement, in particular with persons who have previously materially breached their obligations towards the Seller.

3.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using means of distance communication in connection with concluding the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer.

4. Price of goods and payment terms

4.1. The Buyer may pay the purchase price of the goods and any costs associated with delivery under the Purchase Agreement using the methods offered in the order form, unless the Seller offers additional methods. These methods include:

• in cash or by payment card at the Seller’s registered office at Plk. Fr. Štičky 54, 252 26, Roblín;

• by bank transfer to the Seller’s account: for payments in Czech crowns, account no. 2203167264, bank code 2010 (held with Fio banka a.s.) (hereinafter referred to as the “Seller’s CZK Account”); and for payments in euros, account no. 2403167461, bank code 2010 (held with Fio banka a.s.) (hereinafter referred to as the “Seller’s EUR Account”);

• by payment card;

• in cash or by payment card upon personal collection at a parcel pick-up point;

4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the agreed costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price shall also mean the costs associated with delivery. The Seller does not require a deposit or any similar payment from the Buyer. This does not affect Article 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price in advance.

4.3. In the case of bank transfer, the purchase price is due within 5 days of conclusion of the Purchase Agreement.

4.4. In the case of bank transfer, the Buyer is obliged to pay the purchase price using the relevant variable symbol. The Buyer’s obligation to pay the purchase price shall be fulfilled once the relevant amount has been credited to the Seller’s account.

4.5. The Seller is entitled, in particular if the Buyer fails to provide additional confirmation of the Order under Article 3.5, to require payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Czech Civil Code shall not apply.

4.6. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined.

4.7. Where customary in business relations or required by generally binding legal regulations, the Seller shall issue the Buyer a tax document – an invoice – for payments made under the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the invoice after delivery of the goods to the Buyer and send it electronically to the Buyer’s Email Address.

5. Withdrawal from the Purchase Agreement

5.1. The Buyer acknowledges that, pursuant to Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the Buyer may not, among other things, withdraw from a Purchase Agreement for the supply of goods made to the Buyer’s specifications, goods subject to rapid deterioration, sealed goods which the consumer has removed from the sealed packaging and which cannot be returned for hygiene reasons, or audio or video recordings or computer software where the original packaging has been opened.

5.2. Unless the case falls under Article 5.1 or another case in which withdrawal from the Purchase Agreement is excluded, the Buyer has the right, pursuant to Section 1829(1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods. If the subject of the Purchase Agreement consists of several types of goods or delivery in several parts, this period begins on the day the final delivery is received.

5.2.1. To withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to these Terms and Conditions. Alternatively, the Buyer may use the online form available at https://fotobatohy.cz/profil/claim/. Notice of withdrawal may also be sent to the Seller’s registered office or to the Seller’s email address.

5.3. In the event of withdrawal under Article 5.2, the Purchase Agreement is cancelled from the outset. The Buyer acknowledges that if the returned goods are damaged, worn or partially consumed, the Seller shall be entitled to compensation for the damage incurred. The Seller is entitled to set off such claim for compensation against the Buyer’s claim for reimbursement of the purchase price.

5.3.1. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the received funds before receiving the goods back or before the Buyer proves that the goods have been sent back, whichever occurs first.

5.4. Further rights and obligations of the parties relating to withdrawal from the Purchase Agreement under Article 5.2 are governed by the Seller’s Complaints Procedure.

5.5. Until the goods are received by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay by bank transfer to an account specified by the Buyer.

5.6. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded subject to the condition subsequent that, if the consumer withdraws from the Purchase Agreement, the gift agreement relating to that gift shall cease to have effect and the Buyer shall be obliged to return the gift to the Seller together with the goods. For goods purchased using a gift voucher, the refunded amount may, in the event of withdrawal from the Purchase Agreement or a justified complaint, be returned by issuing a replacement gift voucher or creating an equivalent credit for the purchase of other goods.

5.7. If the Buyer chose a delivery method other than the least expensive method offered by the Seller, the Seller shall refund the delivery costs only up to the amount corresponding to the least expensive delivery method offered.

5.8. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the received funds before the Buyer hands over the goods or proves that the goods have been sent back to the Seller.

5.9. The Buyer must return the goods to the Seller undamaged, unworn and clean and, where possible, in the original packaging. The Seller is entitled to set off a claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.

5.10. The Seller is entitled to withdraw from the Purchase Agreement due to goods being sold out or unavailable, or if the manufacturer, importer or supplier discontinues production or import of the goods. The Seller shall immediately inform the Buyer via the email address stated in the Order and, within 14 days of notifying the Buyer of the withdrawal, refund all funds received under the Purchase Agreement, including delivery costs, using the same payment method or another method specified by the Buyer.

5.11. Every confirmed Order is binding (Sections 1724 et seq. of Act No. 89/2012 Coll., the Civil Code) under these Terms and Conditions. The Buyer is informed about acceptance, processing and dispatch of the Order by email to the address stated in the Order and, where applicable, by SMS to the mobile phone number provided. The Buyer has the right, within 5 days of the return of an undelivered shipment, to actively request that the ordered goods be sent again. The consumer shall also pay the previous unsuccessful shipping costs as part of the Order price. Payment for such an Order shall always be made in advance by bank transfer. If the Buyer does not request re-dispatch within 5 days of the shipment being returned, or refuses re-dispatch, the Buyer will receive a request for payment of the costs associated with dispatching the shipment. If the amount due is not paid, the claim will be pursued by legal means.

[TIP: If you wish to withdraw from the Purchase Agreement and the goods have already been dispatched, please accept the shipment and subsequently withdraw from the Purchase Agreement in the standard manner.]

6. Transport and delivery of goods

6.1. The method of delivery is determined by the Seller unless otherwise agreed in the Purchase Agreement. If the delivery method is agreed at the Buyer’s request, the Buyer bears the risk and any additional costs associated with that method of delivery.

6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery. If the Buyer fails to accept the goods upon delivery, the Seller is entitled to withdraw from the Purchase Agreement.

6.3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or by a method different from that specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery or the costs associated with the alternative method of delivery.

6.4. Upon receiving the goods from the carrier, the Buyer is obliged to check that the packaging is intact and, in the event of any defects, immediately notify the carrier. If the packaging shows signs of unauthorised access to the shipment, the Buyer is not required to accept the shipment from the carrier. By signing the delivery note (including electronically), the Buyer confirms that the packaging containing the goods was intact.

6.5. Further rights and obligations of the parties concerning transportation of the goods may be governed by special delivery terms issued by the Seller, if any.

7. Rights arising from defective performance

7.1. The rights and obligations of the parties concerning the Seller’s liability for defective performance are governed by the applicable generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).

7.2. The Seller is responsible to the Buyer for ensuring that the goods sold conform to the Purchase Agreement, in particular that they are free from defects. Conformity with the Purchase Agreement means that the goods have the quality and functional characteristics required by the agreement, described by the Seller, manufacturer or their representative, or expected on the basis of advertising, or otherwise the quality and functional characteristics usual for goods of that type; that they comply with legal requirements; are supplied in the appropriate quantity, measure or weight; and are suitable for the purpose stated by the Seller or for the purpose for which goods of that type are usually used.

7.3. Article 7.2 shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods in respect of a defect corresponding to the degree of use or wear the goods had when accepted by the Buyer, or where this follows from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.

7.5. The Buyer may exercise rights arising from defective performance with the Seller at its registered office at Plk. Fr. Štičky 54, 252 26, Roblín, or by email at info@fotobatohy.cz, or via the online form on the Website. Where possible and where this does not cause significant inconvenience to the Buyer, the Buyer is obliged to hand over the goods to the Seller together with the complaint, either directly at the place where the complaint is made or by sending the goods to: FIINYX VISION s.r.o., Plk. Fr. Štičky 54, 252 26, Roblín, Czech Republic.

7.6. Further rights and obligations of the parties relating to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure.

8. Other rights and obligations of the parties

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price.

8.2. The Buyer acknowledges that the software and other components forming the Store Interface (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to engage in any activity that could allow the Buyer or third parties to interfere unlawfully with, or unlawfully use, the software or other components forming the Store Interface.

8.3. When using the Store Interface, the Buyer is not entitled to use mechanisms, software or other procedures that could adversely affect operation of the Store Interface. The Store Interface may only be used to an extent that does not infringe the rights of other customers of the Seller and is consistent with its intended purpose.

8.4. The Czech Trade Inspection Authority, registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: www.coi.cz, is the competent authority for out-of-court settlement of consumer disputes arising from the Purchase Agreement.

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

8.6. The Buyer acknowledges that the Seller is not liable for errors resulting from third-party interference with the Website or from use of the Website contrary to its intended purpose.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Personal data protection and commercial communications

9.1. The protection of personal data of the Buyer or any other Website user, including the conditions for sending commercial communications, is governed by the rules for handling personal data and the Privacy Policy, the current full wording of which is available here. By accepting these Terms and Conditions, the Buyer also accepts the Privacy Policy.

10. Use of cookies

10.1. The Website uses so-called cookies. The rules governing their use, as well as information on how to disable them or make a choice regarding their use, are available here.

11. Delivery of correspondence

11.1. Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing, by email, in person or by registered mail through a postal service provider (at the sender’s choice). Correspondence to the Buyer shall be delivered to the email address specified in the User Account.

12. Loyalty points

12.1. Loyalty points on Fotobatohy.cz work like money. 1 credit = CZK 1. Points cannot be claimed or redeemed for cash. If credits are used to purchase goods and the Buyer subsequently withdraws from the Purchase Agreement within the statutory period, the Buyer is not entitled to a refund of the amount paid using credits.

12.2. Detailed rules and restrictions relating to credits are available in the rules governing the use of credits.

13. Final provisions

13.1. If a relationship connected with use of the Website or a legal relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations. Any disputes may also be resolved out of court. In such a case, the Buyer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority, or resolve the dispute online via the designated ODR platform available at https://webgate.ec.europa.eu/odr/. Before initiating out-of-court dispute resolution, the Seller recommends that the Buyer first contact Fotobatohy.cz in an attempt to resolve the situation.

13.2. The Seller is authorised to sell goods on the basis of a trade licence and the Seller’s activities are not subject to any other authorisation. Trade licensing inspections are carried out by the competent trade licensing authority within the scope of its powers.

13.3. If any provision of these Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments and supplements to the Purchase Agreement or these Terms and Conditions require written form.

13.4. The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

13.5. Seller’s contact details: delivery address FIINYX VISION s.r.o., Plk. Fr. Štičky 54, 252 26, Roblín; email address info@fotobatohy.cz; telephone +420 720 762 432. Further contact details are available at www.fotobatohy.cz.

Effective from 6 January 2020

Last updated on 11 April 2025 (update to the Terms and Conditions in connection with the so-called “button amendment”).

Archive of previous versions of the Terms and Conditions:

• until 13 June 2022
• until 5 January 2023
• until 10 January 2024 (Changed: due to redundancy, we removed the following wording from Article 5.11: The identity of the person placing the Order can be established using the IP addresses that form part of the Order. Reasons given for failure to accept or refusal of a shipment (e.g. failure to receive a notification from the carrier, goods not ordered, holiday, foreign travel, etc.) will be taken into account.)
• until 11 April 2025 (Changed: change of the online store operator incorporated.)