General Terms and Conditions of Purchase via the Internet Shop
1. Introductory provisions
1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of commercial companies (hereinafter referred to as the “Seller”) regulate in accordance with the provisions of Section 1751 (1) of the rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) 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 on the Internet address www.light4home.cz (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Interface of the Store”).
1.2. The Business Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal person or a person who acts in ordering goods in the course of his business activity or in the course of his / her independent profession.
1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions (see Section 1751 (1) of the Civil Code.) in the contract take precedence over the wording of the terms and conditions.)
1.4. The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to 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 his user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon 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 his user account.
2.4. The Buyer is not entitled to allow the use of the user account by third parties.
2.5. The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller. necessary maintenance of third party hardware and software.
3. Conclusion of the purchase contract
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of 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. Prices of goods include VAT and all related fees. Prices of 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 contract under individually negotiated conditions.
3.3. The store web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in an order form in the web interface of the shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter 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 into the order by the buyer, also with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking the button. In accordance with the provisions of Section 1827 (1) of Act No. 89/2012 Coll., The Civil Code, the Seller shall confirm this receipt by e-mail to the Buyer's e-mail address specified in user interface or order ("Buyer Email Address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs) shall be borne by the Buyer, which costs do not differ from the standard rate.
4.Price of Goods and Payment Terms
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase contract, the buyer can pay the seller in the following ways:
in cash at the seller's premises at;
cash on delivery at the place specified by the buyer in the order;
by bank transfer to Seller's account No. 277045607/0300, maintained by ČSOB, a.s. (“Seller's Account”);
cashless payment system;
cashless payment card;
through a loan provided by a third party.
4.2. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within days from the conclusion of the purchase contract.
4.5. In case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. The Seller is entitled, especially if the Buyer fails to confirm the order additionally (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (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 the course of trade or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the purchase contract. The seller pays value added tax. The tax document - the invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's email address.
5. Withdrawal from the purchase contract
5.1.The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of goods which has been modified according to the Buyer's wish or for himself. goods that have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in a sealed package which the consumer has removed from the package and cannot be returned for hygiene reasons and from a contract for the delivery of audio or video recordings or a computer program violated their original packaging.
5.2.If this is not the case referred to in Article 5.1 or any other case in which it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) within fourteen (14 ) days from receipt of the goods, and if the purchase contract is subject to several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the terms and conditions. The withdrawal from the purchase contract can be sent to the seller's premises or to the seller's e-mail address.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature by normal mail.
5.4. In the event of withdrawal pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the entrepreneur.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
5.6. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the cancellation condition that if the Buyer withdraws from the purchase contract, the gift contract for such gift ceases to be effective. provided gift.
6. Transport and delivery of goods
6.1.When the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode 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 accept the goods upon delivery.
6.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with other delivery methods.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In case of finding a breach of the package, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery conditions of the seller, if issued by the seller.
7. Rights from Defective Performance
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2.The seller is responsible to the buyer that the goods at the receipt of defects. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
7.2.1. - the goods have the characteristics agreed by the parties and, in the absence of an agreement, those characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
7.2.2. - the goods are fit for the purpose stated by the seller or for which goods of this kind are normally used,
7.2.3. - the goods correspond to the agreed specimen or model in terms of quality or design, if the quality or design has been determined on the basis of the agreed sample or model,
7.2.4. the goods are of an appropriate quantity, measure or weight, and
7.2.5. -The product complies with legal requirements.
7.3.The provisions referred to 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, to wear of the goods caused by its normal use, upon receipt by the buyer, or if this is due to the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
7.5. Rights from defective performance shall be claimed by the Buyer at the Seller's address, where acceptance of the complaint is possible with respect to the assortment of the goods sold, possibly also at the registered office or place of business.
7.6. The seller or an employee authorized by the seller decides the claim immediately, in complex cases within three working days. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the claim, unless the seller and the consumer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the contract
7.7.Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the Seller's Complaints 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. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No .: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.
8.3. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
9.1. The protection of the personal data of the buyer who is a natural person is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (collectively referred to as "personal data").
9.3. The Buyer agrees with the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the purchase contract and for the purpose of maintaining a user account. Unless the Buyer chooses otherwise, he agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety pursuant to this Article is not a condition that would in itself preclude the conclusion of a purchase contract.
9.4. The Buyer acknowledges that he / she is obliged to provide his / her personal data (at registration, in his / her user account, when ordering from the web interface of the shop) correctly and truthfully and that he / she is obliged to inform the Seller without undue delay.
9.5. The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods, the Seller shall not pass on personal data to third parties without the Buyer's prior consent.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal information provided is accurate and that he / she has been advised that this is a voluntary disclosure of personal information.
9.8. Should the Buyer believe that the Seller or the processor (Article 9.5) is processing his personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with respect to for the purpose of their processing, it may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation.
10. Sending business messages and storing cookies
10.1. The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
10.2. The buyer agrees to the storing of cookies on his computer. If the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer can withdraw the consent under the previous sentence at any time.
11.1. The Buyer can be delivered to the e-mail address specified in his user account or specified by the Buyer in the order.
12. Final provisions
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
12.2. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.3. A standard form for withdrawal from the purchase contract is attached to the Terms and Conditions.
In Hradec Králové on 1.2.2020