GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE OF PRECIOSA Lighting,
These General Terms and Conditions (hereinafter only as the “
”) of Preciosa - Lustry, a.s., with its registered office at Nový svět 915, 471 14 Kamenický Šenov, company ID: 00012645, registered in the Commercial Register kept at the Regional Court in Ústí nad Labem, section B, file 37 (hereinafter only as the “
”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter only as the “
”), the mutual rights and duties of the Contracting Parties arising out of or on the basis of the Purchase Agreement or an order confirmed by the Seller (hereinafter only as the “
”) concluded between the Seller and any other natural person, in particular a consumer (hereinafter only as the “
”) by means of the internet store of the Seller. The internet shop is operated by the Seller on a website located at the internet address http://www.preciosa.com/ (hereinafter only as the “
”) through the web interface (hereinafter only as the “
Web Interface of the Store
The General Terms do not apply to cases where a person intending to purchase the goods from the Seller is a legal entity or a person who acts in the course of their business activities when requesting goods or in the course of their independent pursuit of their profession.
Any provisions derogating from the General Terms may be negotiated in the Purchase Agreement. Any derogative arrangements in the Purchase Agreement shall take precedence over the provisions of the General Terms.
The provisions of the General Terms form an integral part of the Purchase Agreement.
The Seller may unilaterally modify or supplement the wording of the General Terms. The rights and duties arising during the period of validity of the previous wording of the General Terms shall remain unaffected. The General Terms are issued in different languages, while the Czech version serves as the decisive wording.
On the basis of the Buyer's registration performed on the Website, the Buyer may access their user interface. From the user interface, the Buyer can place the orders of goods through the form (hereinafter only as the “
When registering on a Website and ordering goods, the Buyer shall submit correctly and truthfully all the data. The Buyer shall update the details provided in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering the goods shall be considered by the Seller to be correct.
The Access to the User Account is secured by the user name and password. The Buyer shall maintain confidentiality regarding the information necessary to access their user account.
The Buyer is not authorized to allow the use of the User Account to any third parties.
The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 48 months, or if the Buyer breaches their obligations under the Purchase Agreement (including the General Terms).
The Buyer hereby acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the necessary maintenance of the hardware and software maintenance of any third parties.
CONCLUDING THE PURCHASE AGREEMENT
All presentations of goods placed on the Web Interface of the Store are informative and the Seller is not obliged to conclude a Purchase Agreement for these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
The Web Interface of the Store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods cannot be returned through the usual postal route. The goods prices are indicated including the value added tax and all related fees. The goods prices remain valid for as long as they are displayed on the Web Interface of the Store. If the price is not indicated, the Buyer and the Seller shall enter into an individual Purchase Agreement. This provision shall not limit the Seller's capacity to conclude a Purchase Agreement at any time on individually negotiated terms.
For inquiring about the goods, the Buyer shall complete the order form on the Web Interface of the Store. After submitting the form, the Seller shall contact the Buyer and inform them of the price of the goods, if not stated on the Website, the amount of taxes and fees, the method of payment, the method and the price of the delivery if it may be determined in advance, and the delivery date and the availability of the goods. If the delivery price cannot be determined in advance, it may be charged additionally.
In the event of an order which is not placed in accordance with these General Terms, the Seller may not accept it or return it to the Buyer for completion and provide them with a reasonable time to do so. Upon its expiry, it shall mean that the Buyer's order shall be deemed as an order which has never been delivered.
For the avoidance of doubt, the Purchase Agreement is not entered into unless the Buyer's order is confirmed or accepted with a reserve by the Seller. The Buyer acknowledges that the Seller is not obliged to enter into a Purchase Agreement with the Buyer, especially if it is a person who has previously substantially violated another contract with the Seller or these General Terms or a person who is in delay with the payment of the due liabilities to the Seller.
In exceptional cases, the Seller reserves the right not to deliver the selected goods to the Buyer, especially if the Web Interface of the Store has mistakenly indicated obviously incorrect or non-standard data, in particular about the selected goods, their price or the delivery date, or if the goods are sold out and permanently unavailable with the supplier. In such cases, the Seller undertakes to refund to the Buyer the financial amount paid on the basis of the Purchase Agreement.
By concluding the Purchase Agreement, the Buyer agrees to these General Terms and declares that the Buyer has had the opportunity to become acquainted with these General Terms prior to concluding the Agreement. These General Terms are available at any one time to the Buyer at the address: http://eshop.preciosalighting.com/en/terms-conditions and are also sent to the Buyer in the e-mail attachment together with the confirmation of the Purchase Agreement in accordance with these General Terms.
The Buyer agrees to use remote means of communication when concluding the Purchase Agreement. Any costs incurred by the Buyer when using the remote means of communication in connection with the conclusion of the Purchase Agreement (the costs of internet connection, the costs of telephone calls, or the costs of Buyer's time) shall be borne by the Buyer himself.
GIFT VOUCHERS AND DISCOUNT CODES
In the course of inquiring about the goods (when requested during the shopping process on the Website), the Buyer may apply the codes contained in purchased gift vouchers or discount codes provided by the Seller. Unless expressly stated by the Seller, gift vouchers and discount codes cannot be reused and cannot be combined at the same time. In addition, discount codes cannot be applied to the goods on sale or special promotion and already discounted goods.
In the event of the Buyer's withdrawal from the Purchase Agreement for any reason or any other reasoned return of the goods purchased using the discount code, the Buyer is entitled only to the refund of the amount actually paid by the Buyer in cash or by any equivalent means. The Seller may decide whether and in what value the Seller will issue a new discount code to the Buyer.
If the gift voucher or discount code has a limited validity period, the Buyer is entitled to use the gift voucher or discount code only before it expires. The Seller does not provide money or any other manner of compensating for the unused value of the gift voucher or discount code. The Seller does not extend the validity period.
The gift voucher or discount code cannot be exchanged for money. In the event that the Buyer takes goods at a price lower than the value of the gift voucher or discount code, they are not entitled to the payment up to the value of the gift voucher or discount code or the new gift voucher or discount code for the rest of the original applied gift voucher or discount code.
In the event that the gift voucher or discount code is applied in violation of these General Terms, the Seller may reject the gift voucher or discount code applied in this manner and withdraw from the Purchase Agreement. In the event that any uncertainty arises during the interpretation of the provisions of Art. 4 of the General Terms, the interpretation determined by the Seller shall apply.
PRICE OF GOODS AND PAYMENT TERMS
The method of determining the price, taxes and fees, and the delivery prices shall set by the Seller and approved by the Buyer prior to the Purchase Agreement has been confirmed by the Seller. The Seller shall determine the following payment methods:
In cash at the Seller's facilities;
In cash on delivery at the place specified by the Buyer in the order;
By wire transfer to the Seller's bank account;
Using any other means of payment offered to the Buyer within the ordering process
Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of the goods at the agreed amount or any other costs for the selected services (insurance, etc.).
The Seller does not request the Buyer to provide an advance payment or any other similar payment. This is without prejudice to the provisions of Article 5.6 of the General Terms regarding the obligation to pay the purchase price of the goods in advance.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days of the Purchase Agreement being concluded.
In the case of a non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with indicating the variable payment symbol. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
The Seller is entitled to claim the payment of the full purchase price before sending the goods to the Buyer, even in the case of a non-cash payment. The provisions of Section 2119 (1) of the Civil Code shall not apply.
If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller shall issue the tax document - invoice to the Buyer after paying the price of the goods and send it in electronic form to the e-mail address of the Buyer.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the supply of goods which have been customised according to the Buyer's wish or for them and from the purchase agreement for the delivery of the goods in sealed packaging in the case of the goods removed from the packaging by the consumer, the goods cannot be returned for hygienic reasons.
If the case is not referred to in Art. 6.1 of the General Terms or in another case when the Purchase Agreement cannot be withdrawn, the Buyer may withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code within 14 days upon receipt of the goods, whereas in the case that the subject matter of the Purchase Agreement contains multiple types of goods or the delivery of multiple parts, the time limit shall commence to run upon receipt of the last delivery of the goods. The withdrawal from the Purchase Agreement shall be sent to the Seller within the time limit specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the template form at firstname.lastname@example.org provided by the Seller, which forms an annex to the General Terms. The Buyer may also send the withdrawal from the Purchase Agreement, to the address of the Seller's facilities or to the Seller's e-mail address email@example.com.
In the case of withdrawal from the Purchase Agreement according to Art. 6.2 of the General Terms, the Purchase Agreement shall be set aside completely. The goods shall be returned to the Seller within 14 days upon the Seller's withdrawal.
In the event that the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the cost of returning the goods to the Seller, even if the goods cannot be returned using a common postal route due to their nature.
In the event of withdrawal from the Agreement under Article 6.2 of the General Terms, the Seller shall return the funds received from the Buyer within 14 days of the withdrawal from the Purchase Agreement in the same manner as the Seller has received the funds 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, provided that the Buyer agrees to do so and does not incur any additional costs. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or demonstrates that the goods have been dispatched to the Seller.
The Seller may set off the claim for the compensation of the damage to the goods against the claim for the refund of the purchase price.
In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provision of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer receives the goods. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay using a bank transfer to the account specified by the buyer.
If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the resolutive condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement becomes ineffective and the Buyer is obliged to return the goods together with the gift provided by the Seller.
TRANSPORT AND SUPPLY OF GOODS
In the event that the mode of transport is agreed upon on the basis of a Buyer's special request, the Buyer shall bear the risk and any additional costs associated with this mode of transport.
If, according to the Purchase Agreement, the Seller is obliged to deliver the goods in the place specified by the Buyer in the order, the Buyer shall take over the goods upon delivery.
In the event that, due to the reasons on the Buyer's side, the goods need to be delivered repeatedly or in any other manner than specified in the order, the Buyer shall bear the costs associated with the repeated delivery or the costs associated with the other delivery method.
Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of damage to the packaging indicating unauthorised entry into the consignment, the Buyer is not required to take delivery of the consignment from the carrier.
Any other rights and obligations of the Parties concerning the carriage of goods may be regulated by the Seller's specific delivery terms, if issued by the Seller.
RIGHTS OF DEFECTIVE PERFORMANCE
The rights and obligations of the Parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the 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).
The Seller is responsible to the Buyer for the goods to be free from defects. In particular, the Seller warranties to the Buyer that at the time the Buyer took over the goods:
The goods have properties which the Parties have agreed and, if any such arrangement has not been agreed upon, the goods have properties which the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and on the basis of the relevant advertising;
The goods are fit for the purpose which is indicated by the Seller or to which goods of this type are normally used;
The goods correspond to the quality or performance of the agreed sample or model if the quality or design has been determined on the basis of the agreed sample or model;
The goods are in the appropriate quantity, degree or weight; and
The goods comply with the requirements of the applicable legal regulations.
The provisions of Article 8.2 of the General Terms shall not apply to goods sold at a lower price due to a defect for which a lower price has been agreed, due to the wear and tear of the goods caused by their normal use, in the case of second- hand goods, due to the defect corresponding to the degree of use or wear and tear which the goods had at the time of the receipt by the Buyer, or if it results from the nature of the goods.
In the event that the defect occurs within six months upon the receipt, the goods shall be deemed to have been defective already at the receipt. The Buyer is entitled to claim the right to a defect which occurs on consumer goods within twenty-four months upon the receipt.
The rights of defective performance shall be exercised by the Buyer at the Seller's address of the facilities where the claim may be accepted with regard to the range of goods sold, eventually even at the registered office or the place of business.
Any other rights and obligations of the Parties related to the Seller’s liability for defects may be regulated by the Seller's complaint rules.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The Buyer acquires ownership of the goods upon the payment of the full purchase price of the goods.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) the Civil Code.
Consumer complaints are handled by the Seller via the electronic address firstname.lastname@example.org. The Seller shall send the information on handling the Buyer's complaint to the electronic address of the Buyer.
The out-of-court settlement of consumer disputes arising from the Purchase Agreement shall be handled by the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, Internet address: http://www.coi.cz. In order to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement, it is possible to use the online dispute resolution platform located at http://ec.europa.eu/consumers/odr.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).
PROTECTION OF PERSONAL DATA
Personal data of natural persons will be used solely for the purpose of performance of the Agreement on the basis of this Purchase Agreement and for promotional and marketing purposes based on the Buyer's consent. The Buyer, together with the agreement with these General Terms, also agrees to the use of their personal data in the extent of the contact details (in particular, the name, surname, telephone number, email and address, and the bank details) for the purposes of the performance of the Agreement. The Seller shall act as the Data Controller of the personal data. In any matter concerning the personal data, the Buyer is entitled to address the Seller at the latter's facilities or through e-mail at: email@example.com
The Seller shall evaluate information about the use of the Internet store for statistical purposes. This information is evaluated anonymously.
The Seller shall inform the Buyer about
The fact that personal data will be deposited with the Seller until the expiration of the Agreement's archiving date or the withdrawal of the consent;
The right of access to the personal data;
The right to request a correction, the deletion or processing restrictions and the objection to processing, as well as the right to the portability of the personal data;
The right to file a complaint with the Personal Data Protection Office or similar office abroad;
The fact that personal data are provided by the Buyer on a contractual basis and on the basis of the processing consent; the obligation to provide personal data relates only to the obligation to deliver the goods under the Agreement, but not to the purpose of promotion and marketing;
The fact that there is no automated decision making or profiling;
The right to obtain a confirmation from the Seller whether personal data is processed or not.
Personal data will be stored in accordance with the generally binding legal regulations of the Czech Republic and Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016. All the acquired personal data will be used solely for the internal purposes of the Seller and will not be provided to any third parties. An exception to this shall apply to the providers and third parties providing the transfer of personal data in the minimum extent (name, surname, address, telephone number, and e-mail) necessary to fulfil the Agreement. The Buyer, together with the agreement with these General Terms, also agrees to the fact that the carrier uses the above-mentioned data for the purpose of delivery and that the carrier may authorise any third parties for this purpose. The Seller intends to transfer personal data to countries outside the European Union, if the Buyer is domiciled outside the European Union for the purposes of fulfilling the Agreement, especially for the purpose of delivering the goods.
The personal data will be fully secured against misuse. The personal data will be stored electronically, and access will be restricted.
Pursuant to Section 5 (5) of the Personal Data Protection Act, the Seller is also entitled to process personal data in the scope of the name, surname and address for the purposes of promotion and marketing, subject to the consent of the Buyer.
All materials and information on the Website are solely the intellectual property of the Seller or persons cooperating with the Seller. As such, they may not be used or modified without the Seller's consent.
SENDING BUSINESS COMMUNICATIONS AND STORAGE OF COOKIES
The Buyer acknowledges that the Seller is entitled to use the Buyer’s electronic contact (e-mail) pursuant to Section 7 (3) of the Act on Certain Services of Information Society for the purposes of sending information related to the Seller's goods, services or company. The Buyer further agrees with sending the business messages to the Buyer's electronic address.
The Buyer agrees with the storage of the so-called cookies on their computer. In the event that it is possible to make the purchase on the Website and the Seller may fulfil the obligations under the Purchase Agreement without the so-called cookies being stored on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.
If a relationship based on the Purchase Agreement contains an international (foreign) element, then the Parties agree that any such relationship shall be governed by the Czech law. This shall not affect the consumer's rights under generally binding legal regulations.
In the event that any provision of the General Terms is invalid or ineffective, or if it so becomes, the invalid or ineffective provision shall be replaced with a provision the meaning of which is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The Purchase Agreement, including the General Terms, is archived by the Seller in the electronic form and is not accessible.
The template form for the withdrawal from the Purchase Agreement forms an annex to the General Terms.
Contact details of the Seller: address of service: Nový svět 915, 471 14 Kamenický Šenov, electronic mail address: firstname.lastname@example.org
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471 14 Kamenický Šenov
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