BUSINESS TERMS AND CONDITIONS
of the company
Donoci s.r.o.
registered office Pražská 2532/4
Blansko 678 01, Czech Republic
ID No: 47539569
for selling goods at the online store located
at www.lamps4sale.ie
1 INTRODUCTORY PROVISIONS
1.1. The present Business Terms and Conditions (hereinafter referred to as „Business Terms and Conditions” of the company Donoci s.r.o., with its registered office Pražská 2532/4, Blansko 678 01, ID No. 47539569
(hereinafter referred to as „seller“) define in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) the mutual rights and obligations of the contracting parties established in connection with or resulting from the purchase contract (hereinafter referred to as „purchase contract“) to be entered into between seller and other entities (hereinafter referred to as „buyer“) through the online store of the seller. The online store is operated by the Seller on a website located at www.lamps4sale.ie (hereinafter referred to as the
"website") via the Website interface (hereinafter referred to as the "online store web interface").
1.2. Provisions deviating from the Business Terms and Conditions can be agreed in the purchase contract. Different arrangements in the Purchase contract take precedence over the provisions in Business Terms and Conditions.
1.3. Provisions of Business Terms and Conditions are an integral part of the purchase contract. The purchase contract and Business Terms and Conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.
1.4. The Business Terms and Conditions may be amended or completed by the Seller. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Business Terms and Conditions.
2. USER ACCOUNT
2.1. Upon registration of the buyer on the website, the buyer can access their user interface. From this user interface, the buyer can order goods (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from online store web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and true data. The buyer is obliged to update the data entered in the user account at any change. The data stated by the buyer in the user account and when ordering goods is considered by the seller to be true.
2.3. User account access is secured by a username and a password. The buyer is obliged to maintain confidentiality regarding the information which is necessary to access his/her user account.
2.4. The buyer is not entitled to allow third parties to use the user account.
2.5. The seller may delete the user account, especially if the buyer does not use his/her user account for more than 30 days or when the buyer violates his/her obligations arising out of the purchase contract (including Business Terms and Conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software of the seller, or the necessary maintenance of hardware and software of third parties.
2.7. The buyer is entitled to add a review of the purchased goods to the seller's website under the conditions specified in paragraph 2.8., of which he/she is informed by e-mail after the purchase of the goods by the seller.
2.8. The buyer can add the review either through his/her user account as defined in article 2 of the Terms and Conditions, if he/she has the account already or has created it through the link in the e-mail provided in the previous paragraph after entering his/her name, surname and e-mail address. The seller informs the buyer that the buyer's personal data entered by the buyer when adding a review is processed by the seller in order to fulfill the seller's legal obligation to ensure that published reviews come from consumers who have actually used or purchased the product, as long as the review is published on the seller's website. The buyer has the right to request the seller to stop processing the buyer's personal data for this purpose and the seller will comply with such requests without delay, but in this case the seller will remove the review added by the buyer on its website. The buyer acknowledges this.
2.9. The seller is entitled to delete reviews that are not related to the goods purchased by the buyer from the seller. The seller reserves the right to delete reviews that do not rate the product itself, or reviews that contain vulgar expressions, offensive and racist content, political opinions, links to other websites or bad morals.
3.CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods placed at online store web interface is of informative nature and the seller is not obliged to conclude a purchase contract of these goods. The provisions of section 1732 paragraph 2 of the Civil Code do not apply.
3.2. The online store web interface contains information about the goods, including the prices of individual goods and the cost of returning the goods if these goods, due to its nature, can not be returned as usual by mail. The prices of the goods include VAT and all related charges. The prices of goods remain in effect as long as they are displayed at online store web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.3. The online store web interface also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed at the online store web interface applies only in cases, where the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer fills in the order form at the online store web interface. In particular, the order form contains information about:
-
ordered goods (the buyer adds the ordered goods to the virtual shopping cart at the online storeweb interface),
- the payment method of the purchase price of the goods, information about the required delivery method of the ordered goods and
-
information about the cost related to the delivery of the goods (hereinafter referred to as"order").
3.5. Before submitting the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer with regard to the possibility of the buyer to find out and correct errors, which occurred when entering data into the order. The buyer submits the order to the seller by clicking the "Finish order" button. The data listed in the order are deemed correct by the seller. The seller immediately upon receiving the order confirms this receiving to the buyer by email, to the email address of the buyer saved in the user account or entered in the order (hereinafter referred to as "buyer's email address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, expected shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in written form or by phone).
3.7. The contractual relationship between the seller and the buyer arises upon delivery of the ordered goods to the address specified by the buyer in the order.
3.8. The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred to the buyer when using the means of distance communication related to the conclusion of the purchase contract (internet connection costs, phone calls costs) are covered by the buyer and these costs do not differ from the base rate.
4. THE PRICE OF THE GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods offered via the seller's website is stated including value added tax and all related fees.
4.2. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:
- in cash at the registered office of the seller at Pražská 2532/4, Blansko 678 01;
- in cash on delivery in the place specified by the buyer in the order;
- by bank transfer to the seller's bank account No. 2800 287117/2010, held
- with FIO bank (hereinafter referred to as the “seller's account”);
- cashless via online payment system;
- with a credit card;
4.3. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.4. The seller does not require the buyer to pay a deposit or other similar payment. This does not affect the provisions of
article 4.6 of the Business Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.5. In 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 7 days from the order realization.
4.6. In case of cashless payment, the buyer is obliged to specify also the variable symbol that he/she received during the realization of the order. In case of cashless payment, the buyer´s obligation - to pay the purchase price, is fulfilled in the moment of crediting the relevant amount to the seller's account.
4.7. The seller is entitled in particular in the case when the buyer does not provide additional confirmation of the order (article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of section 2119 paragraph 1 of the Civil Code do not apply.
4.8. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.9. If it is customary in the business relations or if it is stipulated by generally binding legal regulations, the seller shall
issue a tax document - invoice for the payments made under the purchase contract to the buyer. The seller is a payer of VAT - value added tax. The tax document - an invoice will be issued by the seller to the buyer after payment of the price of the goods and this invoice will be sent in electronic form to the buyer's email address.
4.10. It is possible to request a change to the invoice, unless it is a change due to a change in the delivery of the goods or a correction of the obvious inaccuracy of the original invoice (e.g. a typo, incorrect quantity of invoiced goods, etc.), only on the third day of the month following the date of the issued invoice. Then the change is no longer possible.
4.11. According to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sale with the tax administrator online; in the event of a technical failure at the latest within 48 hours.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that according to the provisions of section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods that have been modified according to the buyer's wish or for the person from the contract of delivery of perishable goods and also goods, which has been irrevocably mixed with other goods upon delivery, from a contract for the delivery of goods in a sealed package that the consumer has removed from the packaging and can not be returned for hygienic reasons and from a purchase agreement for the delivery of audio or video recordings or a computer software if they have damaged their original packaging.
5.2. If this is not the case referred to in article 5.1 of the Business Terms and Conditions or any other case where the purchase contract can not be withdrawn, the buyer, in accordance with section 1829 paragraph 1 of the Civil Code, has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. If the subject of the purchase contract is 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 purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the contract, the buyer may use an online contact form provided by the seller. The buyer may send the withdrawal from the purchase contract to the address of the seller's registered
office or via a contact form.
5.3. In case of withdrawal from the purchase contract in accordance with article 5.2 of the Business Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the delivery of the withdrawal to the seller. If the buyer withdraws from the purchase contract, the buyer covers the costs of returning the goods to the seller, even if the goods can not be returned due to its nature as usual by mail.
5.4. In case of withdrawal from the contract pursuant to article 5.2 of the Business Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract by the buyer in the same manner as the seller accepted the funds from the buyer. The seller is also entitled to
return the payment provided by the buyer at the time of returning the goods by the buyer or otherwise, if the buyer agrees with that and if this does not incur additional costs for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller. In the case that the price of goods was paid for via a gift voucher by the buyer, the seller will return the gift voucher. If the price was partially paid in the form of a gift voucher, the seller will return the money partially in the form of a gift voucher, in the ratio in which the price was paid.
5.5. The seller is entitled to unilaterally set off the claim for damages on the goods against the buyer's claim for the refund of the purchase price.
5.6. The seller reserves the right to withdraw from the purchase contract in the following cases:
(a) In the event of an unlawful attempt by the buyer to withdraw from the purchase contract and the consequent inability to contact him/her regarding further action;
b) In the case of a claim of the goods by the buyer when this claim will be assessed as unfounded and the consequent inability to contact him/her regarding further action;
c) In the case of a claim of the goods by the buyer, when this claim will be assessed as unfounded and the buyer expressly notifies the seller that he/she (the buyer) is no longer interested in the goods;
d) In the case of a claim of goods by the buyer, when the goods will be sent back by the seller to the buyer´s address, who does not accept the goods, and the goods are returned back to the seller;
e) In all other cases when the goods will be sent by the buyer to the seller's address without any information and subsequent inability to contact the buyer.
The seller further reserves the right to cancel the buyer's order until the Buyer takes over the goods. In such cases, the seller shall return to the buyer all funds received from the buyer in connection with the order, without undue delay, by cashless transfer to a bank account specified by the buyer.
5.7. If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the buyer withdraws from the contract, the gift contract for such a gift loses its effect and the buyer is obliged to return the gift along with the goods to the seller.
5.8. Light bulbs (light sources), which are supplied as a gift or completely for free with the luminaires purchased, are a promotional item. These are not covered by the warranty.
5.9. Bulbs (light sources), supplied as a gift or completely free with purchased lights, are promotional items. The warranty does not cover these.
P5273 - Rollable meter 3 m
SL0979 - LED Flashlight LED/3W/120lm/3xAAA - batteries included
VA0076 - Varta 15635 - LED Children's night small lamp MAYA THE BEE LED/3xAA
P5273 - Rollable meter 3 m
SL0979 - LED Flashlight LED/3W/120lm/3xAAA - batteries included
VA0076 - Varta 15635 - LED Children's night small lamp MAYA THE BEE LED/3xAA
5.10. The buyer - the consumer is entitled to withdraw from the purchase contract. If the buyer is an entrepreneur and has entered an ID or VAT number in the order, then he/she is no longer a consumer. For this reason, pursuant to § 1829 of the Civil Code, no right arises for the buyer to return the goods within 14 days from the delivery of the goods.
6.TRANSPORT AND DELIVERY OF THE GOODS
6.1. If the shipping method is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this shipping method.
6.2. If the seller is obliged under the purchase contract 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. If the goods must be delivered repeatedly or in any other way than stated in the order due to the reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively to pay costs associated with another shipping method.
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 to notify the carrier immediately. If the packaging proves the unauthorized entry into the consignment, the buyer is not obliged to take over such consignment from the carrier. The buyer is also obliged to verify whether he received a requested amount of goods, while taking the goods from the carrier. In case of any differences it is necessary to contact us as soon as possible (within 2 work days the latest), so that we can start solving the case and take care of any discrepancies succesfully.
6.5. Other rights and obligations of the parties associated with the transport of the goods may be modified by the seller's
special delivery terms if such terms are issued by the seller.
7.RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular provisions of sections 1914 to 1925, sections 2099 to 2117 and sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller guarantees the buyer that the goods have no defects upon receipt. In particular, the seller guarantees the buyer that at the time the goods were taken over by the buyer:
- the goods have properties that the parties have agreed on and if the agreement is missing, the goods have properties, that the seller or the manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising carried out by them (the seller, the manufacturer),
- the goods are suitable for the purpose stated by the seller or for which the goods of this kind are usually used,
- the goods correspond to the quality or design of the agreed sample or the template, if the quality or design was determined according to the agreed sample or template,
- the goods are in the appropriate quantity, amount or weight and
- the goods comply with legal regulations.
7.3. The provisions set out in article 7.2 of the Business Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, for wear of goods caused by its normal use, in the case of used goods a defect corresponding to the degree of use or wear which the goods had upon the receipt by the buyer, or if this is
due to the nature of the goods.
7.4. If a defect occurs within six months of receipt of the goods, the goods are deemed to have been defective upon receipt. The buyer is entitled to enforce the right of a defect, that occurs in consumables within 24 months of receipt of the goods.
7.5. The rights of defective performance shall be enforced by the buyer at the address of seller´s business premises, where the acceptance of the complaint is possible with regard to the assortment of the goods sold, possibly at the registered office or place of business.
7.6. Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's
return policy.
7.7. In the event of a refund of the transport costs under the goods claim by the buyer, the buyer is entitled to get a refund of the transport costs only in the lowest offered amount.
7.8. The seller hereby notifies the buyer that the goods containing chemical adhesives or other compounds may have an odour after unpacking. The goods are not chemically or physically harmful, odour subsides after a short period of time. Therefore, such goods can not be regarded as defective.
7.9. The seller warns the buyer that the real colors of the products may slightly differ from the colors in the photos depending on the settings and type of your monitor/phone. The real colors of the products are stated in the description of these products.
8.FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods in the moment when the total purchase price of the goods is paid by the buyer and the goods are taken over by the buyer.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct within the provisions of §1826 paragraph 1 (e) of the Civil Code.
8.3. Consumer complaints are handled by the seller via the contact form. The seller shall send the notification about the settlement of the buyer's complaint to the buyer's email address.
8.4. In the event that the buyer is a consumer under applicable law, and a consumer dispute arises between the company Donoci s.r.o. and the buyer, which fails to be resolved by the agreement, the buyer acknowledges that he/she is entitled to submit a proposal for out-of-court settlement of such dispute. The Czech Trade Inspection Authority is responsible for out-of-court settlement of consumer disputes arising from the purchase contract. The registered office of the Czech Trade Inspection Authority is at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising out of the purchase contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution online).
8.6. The seller is entitled to sell the goods on the basis of a trade license. Trade control is carried out within the scope of its activity by the relevant Trade Licensing Office. The supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.7. The buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 Paragraph 2 of the Civil Code.
8.8. The protection of personal data is provided in accordance with the applicable legislation in particular with the Regulation of the European Parliament and Council 2016/679, and in accordance with the privacy policy listed on this website.
9.DELIVERY
9.1. It can be delivered to the buyer's email address.
10. FINAL PROVISIONS
10.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This will not affect consumer´s rights arising from generally binding legal regulations.
10.2. If any provision of the Business Terms and Conditions is invalid or ineffective, or if it becomes invalid or ineffective, instead of the invalid provision, a provision, whose meaning is the closest to the invalid provision comes in effect. The invalidity or ineffectiveness of one provision does not prejudice the validity and effectiveness of other provisions.
10.3. The purchase contract, including the Business Terms and Conditions, is archived by the seller in electronic form and is not accessible.
10.4. Annex to the Business Terms and Conditions is a sample form for withdrawal from the purchase contract.
10.5. Seller contact information: shipping address: Pražská 2532/4, Blansko 678 01, phone + 353 (818) 882167.
In Blansko on 25. May 2018
Paulina