Terms and Conditions

of the trading company VONIAK s.r.o., governing the mutual rights and obligations arising from a purchase contract concluded through the online store operated on the website located at www.voniak.com/cs/ or www.voniak.com/en, and other related rights and obligations.

INTRODUCTORY PROVISIONS

1.1 These general terms and conditions (hereinafter referred to as "Terms and Conditions") of the trading company VONIAK s.r.o., with its registered office at Strančická 1084/29, 100 00 Prague 10 - Strašnice, identification number: 11880074, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 355824 (hereinafter referred to as "Seller") govern in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties arising in connection with or based on a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and a natural person (hereinafter referred to as "Buyer") through the Seller's online store.

1.2 The Seller does not conclude Purchase Contracts for recurring performances. Each Purchase Contract is concluded for a definite period (until the payment and delivery of the goods to the Buyer). The subject of performance under the Purchase Contract is not any digital content.

1.3 The online store is operated by the Seller on the website located at www.voniak.com/cs/ or www.voniak.com/en/ (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Online Store Interface").

1.4 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 within the scope of their business activity or independent profession.

1.5 Deviating provisions from these Terms and Conditions may be agreed upon in the Purchase Contract between the Seller and the Buyer. Deviating agreements in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.6 The wording of the Terms and Conditions as published at the time of concluding the Purchase Contract on the Website is always an integral part of the Purchase Contract, and each Buyer confirms their binding nature on the contractual relationship arising from the Purchase Contract by ordering the goods.

1.7 The Seller may change or supplement the Terms and Conditions. Changes or supplements become effective on the day of their publication on www.voniak.com. This provision does not affect rights and obligations arising during the validity of the previous wording of the Terms and Conditions.

2. USER ACCOUNT

2.1 Based on the registration of the Buyer carried out on the Website, the Buyer may access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as "User Account"). If the Online Store Interface allows, the Buyer may also place orders for goods without registration directly from the Online Store Interface.

2.2 When registering on the Website and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever there is a change. The information provided by the Buyer in the User Account and when ordering goods will be considered correct by the Seller.

2.3 Access to the User Account is secured by a username and password. The Buyer is obliged to keep all information necessary for accessing their User Account confidential. The Buyer is not authorized to allow third parties to use their User Account.

2.4 The Seller may cancel the User Account, particularly in cases where the Buyer does not use their User Account for more than 5 years. The Seller may also cancel the account if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).

2.5 The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or necessary maintenance of hardware and software of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1 The Online Store Interface contains information about the goods, including the prices of individual goods. Prices of goods are stated including VAT and all related fees, except for the delivery costs of the goods (shipping, postage). Prices of goods and the offer of goods remain valid as long as they are displayed in the Online Store Interface. The Seller reserves the right to update the offer of goods and the prices of goods continuously according to their business and operational needs. This provision does not limit the Seller's ability to conclude the Purchase Contract under individually agreed terms.

3.2 The Online Store Interface also contains information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods provided in the Online Store Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.3 All presentations of goods placed in the Online Store Interface are of an informative nature, constitute an invitation from the Seller to submit an offer to the Buyer, and the Seller is not obliged to conclude the Purchase Contract regarding these goods. The provision of Section 1732(2) of the Civil Code does not apply.

3.4 The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, particularly with persons who have previously significantly breached their obligations to the Seller, or for operational (capacity) or other reasons important to the Seller.

3.5 To order goods, the Buyer fills out an order form in the Online Store Interface. The order form contains, among other things, information about:

3.5.1 The ordered goods (the Buyer "adds" the ordered goods to the electronic shopping cart of the Online Store Interface),

3.5.2 The method of payment for the purchase price of the goods,

3.5.3 Details about the requested method of delivery of the ordered goods, and

3.5.4 Information about the costs associated with delivering the goods

(the completed order form is hereinafter referred to as the "Order").

3.6 Before sending the Order to the Seller, the Buyer is allowed to check and modify the information they have entered into the Order, including the possibility of identifying and correcting errors made when entering data into the Order. The Buyer submits the Order to the Seller by clicking on the "submit order" button. The information provided in the Order is considered correct by the Seller.

3.7 Sending the Order is considered an action by the Buyer that unmistakably identifies the ordered goods, the purchase price, the Buyer’s details, the method of payment of the purchase price, and is thus a binding proposal by the Buyer to conclude the Purchase Contract. The validity of the Order is conditional upon the completion of all mandatory fields in the order form, familiarization with these Terms and Conditions on the Website, and the Buyer’s confirmation that they have read these Terms and Conditions, which the Buyer does by submitting the Order.

3.8 The contractual relationship between the Seller and the Buyer arises upon delivery of the confirmation of receipt of the Order (acceptance), which is sent by the Seller to the Buyer electronically to the Buyer’s email address provided in the User Account or in the Order (hereinafter referred to as the "Buyer’s Email Address").

3.9 The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of purchase price, anticipated delivery costs) to request additional confirmation of the Order from the Buyer (e.g., in writing or by telephone).

3.10 If any of the requirements specified in the Order cannot be fulfilled by the Seller, the Seller will send the Buyer a modified offer to the Buyer’s Email Address, including possible variants of the Order and request the Buyer’s opinion.

3.11 The modified offer is considered a new proposal to conclude the Purchase Contract, and the Purchase Contract is concluded only upon the Buyer’s acceptance via email.

3.12 The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. The costs incurred by the Buyer in using means of distance communication in connection with concluding the Purchase Contract (costs of internet connection, telephone calls) are borne by the Buyer.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of goods and any costs associated with delivering the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

4.1.1. Bank transfer to the Seller’s account No. 6132319379/0800, maintained by Česká spořitelna, a.s. (hereinafter referred to as the "Seller’s Account");

4.1.2. Bank card payment;

4.2 Along with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.

4.3 The Seller does not require an advance payment or any similar payment from the Buyer. This does not affect the provision of Article 4.4 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.

4.4 In the case of a bank transfer, the Buyer is obliged to pay the purchase price of the goods together with specifying the variable symbol of the payment. In the case of a bank transfer, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s Account. In the case of a bank transfer, the purchase price is due within 7 days of the conclusion of the Purchase Contract. The Seller retains ownership rights to the goods, including the packaging of the goods, until the full payment of the purchase price. The Buyer acquires ownership rights to the goods only upon complete

payment of the purchase price.

4.5 In the case of payment by credit card, the payment is processed in accordance with the rules of the card payment gateway provider.

4.6 The Seller reserves the right to change or modify the methods of payment. Any changes to the payment methods will be communicated to the Buyer on the Website.

5. DELIVERY OF GOODS

5.1 Delivery of goods will be made to the address specified by the Buyer in the Order.

5.2 The Seller is entitled to choose the method of delivery of the goods, unless otherwise agreed with the Buyer. The delivery of goods is usually carried out by the Seller via a third-party carrier.

5.3 The costs associated with the delivery of the goods are specified in the Order and are included in the final invoice.

5.4 The risk of damage to the goods passes to the Buyer upon delivery of the goods to the Buyer’s address, or upon their handover to the carrier if the goods are being delivered through a third-party carrier.

5.5 The Buyer is obliged to inspect the goods immediately upon receipt and to notify the Seller of any visible defects or discrepancies with the Order without undue delay.

5.6 The Seller is responsible for defects in the goods that arise during the transport or delivery of the goods, and for defects that exist at the time of delivery.

6. **WITHDRAWAL FROM THE PURCHASE CONTRACT**

6.1 The Buyer has the right to withdraw from the Purchase Contract within 14 days of receipt of the goods without stating a reason. To exercise this right, the Buyer must notify the Seller of their decision to withdraw from the Purchase Contract by sending a clear statement to the Seller’s contact email or by using the withdrawal form provided by the Seller.

6.2 If the Buyer withdraws from the Purchase Contract, the Seller will refund all payments received from the Buyer, including the costs of delivery, within 14 days from the day on which the Seller was informed of the Buyer’s decision to withdraw from the Purchase Contract. The Seller will use the same payment method for the refund as was used by the Buyer for the original transaction, unless expressly agreed otherwise.

6.3 The Buyer is obliged to return the goods to the Seller within 14 days from the day on which they withdrew from the Purchase Contract. The Buyer bears the direct costs of returning the goods.

6.4 The Buyer is responsible for any reduction in the value of the goods resulting from handling the goods in a way other than what is necessary to determine their nature, characteristics, and functionality.

6.5 The Seller is entitled to withdraw from the Purchase Contract if the Buyer breaches their obligations, or if the Seller cannot fulfill the Purchase Contract due to unforeseen circumstances.

7. CONSUMER COMPLAINTS

7.1 The Buyer has the right to file a complaint regarding defects in the goods, which manifest themselves within the statutory warranty period.

7.2 The complaint can be made in writing to the Seller’s address or via the contact form on the Website. The complaint should include a description of the defect, the date of purchase, and the desired method of resolving the complaint.

7.3 The Seller will respond to the complaint within 30 days from the date of its receipt. The complaint will be resolved according to the applicable legal regulations and in accordance with the Seller’s complaint policy.

8. FINAL PROVISIONS

8.1 The legal relationship between the Seller and the Buyer is governed by the laws of the Czech Republic, specifically the Civil Code.

8.2 If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions shall remain in full force and effect.

8.3 The Seller may amend or supplement these Terms and Conditions at any time. The new version of the Terms and Conditions will be published on the Website and will apply to all Purchase Contracts concluded after the date of publication.

8.4 Any disputes arising from the contractual relationship between the Seller and the Buyer will be resolved by the competent courts in the Czech Republic.

8.5 These Terms and Conditions are effective as of the date of publication on the Website.

8.6 The Buyer hereby assumes the risk of changes in circumstances within the meaning of Section 1765(2) of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1 The protection and processing of the Buyer's personal data by the Seller is governed by these Privacy Principles.

10. SENDING OF COMMERCIAL MESSAGES AND COOKIE STORAGE

10.1 The Buyer agrees to receive information related to the goods, services, or the Seller’s business to the Buyer's email address and further agrees to receive commercial messages from the Seller to the Buyer’s email address.

10.2 The Buyer agrees to the storage of so-called cookies on their computer. If the purchase on the website can be completed and the Seller's obligations under the purchase contract fulfilled without storing so-called cookies on the Buyer's computer, the Buyer may revoke their consent to this at any time.

11. DELIVERY

11.1 Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, either by electronic mail or by registered mail via a postal service provider (at the sender's choice). The Buyer is served at the email address provided in their user account.

11.2 Notices are considered delivered even if the recipient refuses to accept them, fails to collect them during the storage period, or if they are returned as undeliverable.

11.3 The parties may exchange regular correspondence via email, to the email address provided in the Buyer’s user account or in the Order, or to the address provided on the Seller’s website. The Seller’s correspondence address is: Strančická 1084/29, 100 00 Prague 10 - Strašnice.

12. FINAL PROVISIONS

12.1 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 most closely approximates the invalid provision. The validity of the remaining provisions is not affected by the invalidity or ineffectiveness of such a provision. Amendments and supplements to the Purchase Contract or Terms and Conditions require written form.

12.2 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.3 If the relationship related to the use of the website or the legal relationship established by the Purchase Contract involves an international (foreign) element, the parties agree that the relationship will be governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

12.4 The Seller’s contact details are as follows - delivery address: VONIAK s.r.o., Strančická 1084/29, 100 00 Prague 10 - Strašnice, email address: hello@voniak.com.

12.5 If a consumer dispute arises between the Seller and the Buyer (consumer) from the Purchase Contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute. The Czech Trade Inspection Authority is responsible for the out-of-court resolution of consumer disputes from the Purchase Contract, with its headquarters at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz. The consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/. The Seller recommends that the Buyer first contact hello@voniak.com to resolve the situation.

These Terms and Conditions are effective as of July 13, 2020.