Osvětlení Černoch s.r.o.
V Lipách 381, 190 16 PRAHA 9 – Koloděje
(hereinafter only the “Supplier“)
Tel: +420 272 702 092
Tax Identification No.: CZ25133004
Identification No.: 25133004
The company is entered in the Commercial Register of the Regional Commercial Court in Prague, Section C, Insert 52440
- INITIAL PROVISIONS
1.1. These Terms and Conditions of Trade (hereinafter only the Terms and Conditions“) of the company Osvětlení Černoch s.r.o. , V Lipách 381, 190 16 PRAHA 9 – Koloděje, Identification No.: 25133004, entered in the Commercial Register (hereinafter only the “Seller“) govern mutual rights and obligations of the contract parties arisen in connection with or on the basis of a purchase contract (hereinafter only the “Purchase contract”) concluded between the Seller and another natural person (hereinafter only the “Buyer”) through the e-shop of the Seller in compliance with provision of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter only the “Civil Code“). The e-shop is run by the Seller at the website located at the address www.led-lights.cz (hereinafter only the “Website“), and this via a web interface (hereinafter only the “Shop web interface“).
1.2. The Terms and Conditions do not relate to cases when a person intending to purchase goods from the Seller represents a legal person or a person acting within his/her business activity or within performance of his/her self-employment when ordering the goods.
1.3. Different provisions than the Terms and Conditions may be arranged in the Purchase contract. Different arrangements in the Purchase contract are superior to provisions of the Terms and Conditions.
1.4. Provisions of the Terms and Conditions are an integral part of the Purchase contract. The Purchase contract as well as the Terms and Conditions are elaborated in the Czech language. The Purchase contract may be concluded in the Czech language. In case of conflict of language versions Czech version is superior.
1.5. The Seller can change or amend the wording of the Terms and Conditions. Rights and obligations arisen during the period when the previous wording of the Terms and Conditions was effective are not affected by this provision.
- USER ACCOUNT
2.1. The user may access his/her user interface on the basis of his/her registration performed at the website. The Buyer can order goods from his/her user interface (hereinafter only the “User account“).
2.2. The Buyer is obliged to mention all data at the registration on the website and when ordering goods, correctly and truthfully. The Buyer is obliged to update the data mentioned in the User account in case of any change. Data mentioned by the Buyer in the User account and when ordering goods, are considered to be correct by the Seller.
2.3. Access to the User account is secured by a user name and a password. The Buyer is obliged to keep confidentiality as regards information necessary for access to his/her User account.
2.4. The Buyer is not entitled to enable use of the User account to third parties.
2.5. The Seller may cancel a User account and this especially in case when the Buyer does not use his/her User account longer than 1 year or in case when the Buyer violates his/her obligations resulting from the Purchase contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User account does not have to be accessible continuously and this especially with regard to necessary maintenance of hardware and software equipment of the Seller or necessary maintenance of hardware and software equipment of third parties.
- CONCLUSION OF PURCHASE CONTRACT
3.1. All presentations of goods placed at the Shop web interface have informative character and the Seller is not obliged to conclude a Purchase contract concerning these goods. Provision of § 1732 paragraph 2 of the Civil Code is not applied.
3.2. The Shop web interface contains information about goods and this including individual prices. Prices of goods are mentioned including value added tax and all connected charges. Prices of goods remain valid for the period when they are displayed on the Shop web interface. The Seller’s possibility to conclude a Purchase contract under individually agreed conditions is not limited by this provision.
3.3. The Shop web interface contains also information about costs connected with packing and delivery of goods. Information about costs connected with packing and delivery of goods mentioned on the Shop web interface is valid only for delivery of goods within the territory of the Czech Republic.
3.4. When ordering goods, the Buyer completes the order form on the Shop web interface. The order form contains especially information about:
3.4.1. Ordered goods (the Buyer “inserts” the ordered goods into the electronic shopping basket of the Shop web interface),
3.4.2. Way of Purchase price payment for the goods, data about the requested delivery way of the ordered goods and information about costs connected with delivery of goods (hereinafter jointly only as the “Order“).
3.5. Before sending the Order to the Seller the Buyer is enabled to check and change the data, which he/she entered into the Order, and this also with regard to the possibility of the Buyer to identify and correct mistakes arisen at data entering into the Order. The Buyer sends the Order to the Seller by clicking the button “Send order“. Data mentioned in the Order are considered to be correct by the Seller. The Seller confirms receipt of the Order to the Buyer after its receipt by e-mail without a delay, and this to the e-mail address of the Buyer mentioned in the user interface or in the Order (hereinafter only the “Buyer’s e-mail address“).
3.6. The Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone) in dependence on the character of the Order (quantity of goods, purchase price amount, expected costs of transport).
3.7. A contractual relation between the Seller and the Buyer arises by delivery of the Order receipt (acceptance) that is sent by the Seller to the Buyer by e-mail, and this to the Buyer’s e-mail address.
3.8. The Buyer agrees with use of remote communication means at conclusion of the Purchase contract. Costs occurred to the Buyer at use of remote communication means in connection with conclusion of the Purchase contract (costs of Internet connection, costs of telephone calls) are paid by the Buyer himself whereas these costs do not differ from the basic rate.
- PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The Buyer can pay the price of goods and possible costs connected with delivery of goods according to the Purchase contract to the Seller as follows:
- In cash at the business premises of the Seller at the address Osvětlení Černoch s.r.o. , V Lipách 381, 190 16 PRAHA 9 – Koloděje, cash on delivery at the place determined by the Buyer in the Order;
- By bank transfer in favour of the Seller’s account No. 107-7334400217/0100 maintained at the company Komerční banka (hereinafter only the “Seller’s account“);
4.2. The Buyer is obliged to pay to the Seller also costs connected with packing and delivery of goods on the agreed level along with the Purchase price. Unless explicitly mentioned otherwise, further on also costs connected with delivery of goods are understood as the Purchase price.
4.3. The Seller does not require a deposit or another similar payment from the Buyer. The provision of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the Purchase price of goods in advance is not affected by this.
4.4. The Purchase price is payable at the takeover of goods in case of a cash payment or in case of cash on delivery payment. The Purchase price is payable within 14 days since the Purchase contract conclusion in case of a bank transfer.
4.5. The Buyer is obliged to mention the variable symbol of payment in case of a bank transfer at the payment of the Purchase price of goods. The Buyer’s liability to pay the Purchase price is fulfilled at the moment of crediting the relevant amount in favour of the Seller’s account in case of a bank transfer.
4.6. The Seller is entitled to require payment of the whole Purchase price still before sending the goods to the Buyer especially in case when the Buyer does not provide additional confirmation of the Order (Art. 3.6). Provision of § 2119 paragraph 1 of the Civil Code is not applied.
4.7. Possible discounts on price of goods provided to the Buyer by the Seller cannot be combined one with another.
4.8. If it is unusual in commercial relation or if it is set so by generally binding legal regulations, the Seller will issue a tax document – invoice to the Buyer regarding payments performed on the basis of a Purchase contract. The Seller is a payer of value added tax. The Seller will issue a tax document – invoice to the Buyer after settlement of the price of goods and send it to the Buyer’s e-mail address in electronic form.
- WITHDRAWAL FROM PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to provision of § 1837, the Civil Code, among other things it is not possible to withdraw from a Purchase contract on delivery of goods, which were adjusted according to a Buyer’s wish or for his person, from a Purchase contract on delivery of goods that are subject to fast spoilage as well as goods, which were irretrievably mixed with other goods after delivery, from a Purchase contract on delivery of goods in closed package, which the consumer took out of the package and it is not possible to return them due to hygienic reasons and from a Purchase contract on delivery of sound or audio record or computer programme if their original package was damaged by him/her.
5.2. Unless it is a case mentioned in Art. 5.1 or another case when it is not possible to withdraw from the Purchase contract, the Buyer has the right to withdraw from the Purchase contract in compliance with provision of § 1829 paragraph 1, the Civil Code, and this within fourteen (14) days since the takeover of goods whereas in case that several kinds of goods or delivery of several parts are subject of the Purchase contract, this period runs since the takeover day of the last delivery of goods. Withdrawal from the Purchase contract has to be sent to the Seller within the period mentioned in the previous sentence. The Buyer can send withdrawal from the Purchase contract among others to the address of the Seller’s business premises or to the Seller’s e-mail address.
5.3. The Purchase contract is cancelled from the beginning in case of a withdrawal from the Purchase contract according to Art. 5.2 of the Terms and Conditions. The goods must be returned to the Seller within fourteen (14) days since the withdrawal from the contract. If the Buyer withdraws from the Purchase contract, the Buyer bears the costs connected with return of goods to the Seller, and this also in case when the goods cannot be returned in usual way by post due to its nature.
5.4. In case of withdrawal from the contract according to Art. 5.2 of the Terms and Conditions the Seller will return the funds received from the Buyer within fourteen (14) days since the withdrawal from the Purchase contract by the Buyer, and this in the same way, in which the Seller received them from the Buyer. The Seller is also entitled to return a fulfilment provided by the Buyer already at the return of goods by the Buyer or in another way if the Buyer agrees with it and if no further costs occur to the Buyer by this. Should the Buyer withdraw from the Purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him or proves that he/she has sent the goods to the entrepreneur.
5.5. The Seller is entitled to unilaterally offset the claim to compensation of damage arisen on goods against the Buyer’s claim to the return of the purchase price.
5.6. The Seller is entitled to withdraw from a Purchase contract any time before the takeover of goods by the Buyer. In such a case the Seller will return the purchase price to the Buyer without an unnecessary delay, and this by a bank transfer in favour of the account specified by the Buyer.
5.7. If a gift is provided to the Buyer along with goods, the deed of gift between the Seller and the Buyer is concluded with the resolutory condition that should the Buyer withdraw from the Purchase contract, the deed of gift concerning such a gift ceases to be effective and the Buyer is obliged to return also the provided gift to the Seller along with the goods.
- TRANSPORT AND DELIVERY OF GOODS
6.1. In case that the way of transport is agreed on the basis of a special requirement by the Buyer, the risk and possible additional costs connected with this way of transport are borne by the Buyer.
6.2. If the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order according to the Purchase contract, the Buyer is obliged to take over the goods at the delivery.
6.3. In case that it is necessary to deliver the goods repeatedly or in another way than mentioned in the Order due to reasons on the side of the Buyer, the Buyer is obliged to pay the costs connected with repeated delivery of goods or costs connected with another way of delivery as the case may be.
6.4. The Buyer is obliged to check integrity of the goods package at the takeover of goods from the carrier and immediately notify the carrier should there be any defects. In case that a package is found damaged indicating an unauthorised break into the shipment, the Buyer does not have to take over the shipment from the carrier.
6.5. Other rights and obligations of the parties at transport of goods may be regulated by special delivery conditions of the Seller if they are issued by the Seller.
- RIGHTS RESULTING FROM DEFECTIVE FULFILMENT
7.1. Rights and obligations of the contract parties concerning rights resulting from defective fulfilment are governed by relevant generally binding regulations (especially provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174, the Civil Code).
7.2. The Seller is liable towards the Buyer that the goods are without defects at the takeover. The Seller is especially liable for the following towards the Buyer that at the time when the Buyer takes over the goods:
7.2.1. The goods have the features agreed by the parties and if there was no agreement, such features that were described by the Seller or by the Manufacturer or that the Buyer expected with regard to the nature of goods and on the basis of advertising performed by them,
7.2.2. The goods are suitable for the purpose mentioned for their use by the Seller or which this type of goods are usually used for,
7.2.3. The goods correspond with the agreed mock-up or model by the quality or execution if the quality or execution was specified according to the agreed mock-up or model,
7.2.4. The goods are in corresponding quantity, measures or weight and
7.2.5. The goods comply with requirements of legal regulations.
7.3. Provisions mentioned in Art. 7.2 of the Terms and Conditions are not applied at goods sold for lower price because of a defect, due to which a lower price was arranged, due to wear and tear of goods caused by their common use, in case of used goods with a defect corresponding with the level of use or wear and tear, which the goods had at the takeover by the Buyer or if it results from the nature of goods.
7.4. If a defect occurs during the period of six months since the takeover, the goods are deemed to have been defective already at the takeover.
7.5. The Buyer claims the rights from defective fulfilment at the Seller at the address of his business premises where acceptance of a complaint is possible with regard to the assortment of the sold goods or also in the seat or place of business. The moment when the Seller receives the claimed goods from the Buyer is considered as the moment of the complaint’s filing.
7.6. Other rights and obligations of the parties connected with the Seller’s liability for defects may be regulated by the Seller’s Complaint Procedure.
- OTHER RIGHTS AND OBLIGATIONS OF CONTRACT PARTIES
8.1. The Buyer acquires ownership to goods by payment of the whole purchase price of goods.
8.2. The Seller is not bound by any Codes of Conduct in relation to the Buyer in the sense of provision of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. The Seller secures out of court settlement of consumers’ complaints via the e-mail address firstname.lastname@example.org. The Seller will send information about settlement of the Buyer’s complaint to the Buyer’s e-mail address.
8.4. The Seller is entitled to sell goods on the basis of a trade licence. A check-up is performed by the relevant Trade Licensing Office within its activity. Supervision above the area of personal data protection is carried out by the Office for Personal Data Protection. Among other things the Czech Trade Inspection Authority performs supervision above keeping the Act No. 634/1992 Coll., on Consumer Protection, as amended, in the defined scope.
8.5. Hereby the Buyer takes over the danger of change in circumstances in the sense of § 1765 paragraph 2, the Civil Code.
- PROTECTION OF PERSONAL DATA
9.1. Protection of 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 with processing of these personal data: name and surname, address of domicile, identification number, tax identification number, e-mail address, telephone number, (further everything jointly only as the “Personal data“).
9.3. The Buyer agrees with processing of Personal data by the Seller, and this for the purposes of implementation of rights and obligations resulting from the Purchase contract and for purposes of User account maintenance. If the Buyer does not select another option, he/she agrees with processing of Personal data by the Seller also for purposes of sending information and commercial communication to the Buyer. Approval with processing of Personal data in the whole scope according to this Article does not represent a condition that itself would prevent conclusion of a Purchase contract.
9.4. The Buyer acknowledges that he/she is obliged to mention his/her personal data (at registration, in its User account, when ordering from web interface of the e-shop) correctly and truthfully and that he/she is obliged to notify the Seller of a change in his/her Personal data without an unnecessary delay.
9.5. The Seller may entrust a third party with processing of the Buyer’s Personal data, as the Processor. The Seller will not transmit Personal data to third parties without the prior approval of the Buyer except of persons transporting the goods.
9.6. Personal data will be processed for indefinite period. Personal data will be processed in electronic form in automated way or in printed form in non-automated way.
9.7. The Buyer confirms that provided Personal data are accurate and that he/she has been instructed about the fact that it is voluntary provision of Personal data.
9.8. Should the Buyer believe that the Seller or the Processor (Art. 9.5) performs processing of his/her Personal data that is in contradiction with protection of private and personal life of the Buyer or in contradiction with the law, especially if the Personal data are inaccurate with regard to the purpose of their processing, he/she can:
9.8.1. Ask the Seller or Processor for explanation,
9.8.2. Require that the Seller or Processor removes such arisen status.
9.9. If the Buyer asks for information about processing of his/her Personal data, the Seller is obliged to provide this information to him/her. The Seller is entitled to require an adequate compensation for provision of information according to the previous sentence not exceeding the costs necessary for provision of information.
- SENDING COMMERCIAL INFORMATION AND SAVING COOKIES
10.1. The Buyer agrees with sending of information connected with the goods, services or company of the Seller to the Buyer’s e-mail address and further on he/she agrees with sending of commercial information by the Seller to the Buyer’s e-mail address.
10.2. The Buyer agrees with saving of so-called cookies on his computer. In case that it is possible to make a purchase at the website and to fulfil the Seller’s liabilities from the Purchase contract without saving the so-called cookies on the Buyer’s computer, the Buyer can recall his/her approval according to the previous sentence any time.
- DELIVERY OF DOCUMENTS
11.1. The Buyer may be delivered documents to the e-mail address mentioned in his/her User account or mentioned by the Buyer in the Order.
- FINAL PROVISIONS
12.1. If the relation established by a Purchase contract contains an international (foreign) element, then the parties arrange that the relation is governed by the Czech law. Rights of the consumer resulting from generally binding legal regulations are not affected by this.
12.2. If some of the provisions in the Terms and Conditions is invalid or ineffective or becomes invalid or ineffective, the invalid provisions will be replaced by such ones, whose sense is the closest to the invalid provisions. Validity of other provisions is not affected by invalidity or ineffectiveness of one provision. Changes in and amendments to the Purchase contract or the Terms and Conditions require a written form.
12.3. The Purchase contract including the Terms and Conditions is archived by the Seller in electronic form and not accessible.
12.4. A sample form for withdrawal from the Purchase contract creates an Appendix to the Terms and Conditions.
12.5. The Seller’s contact data: Osvětlení Černoch s.r.o., V Lipách 381, 190 16 PRAHA 9 – Koloděje, e-mail: email@example.com