OF GOLDEN SUNLIGHT S.R.O.
Terms & Conditions
Registered office: Bílkova 855/19, Staré Město, 110 00 Prague 1, Czech Republic, business ID number: 095 20 147
Registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 365125, for the sale of goods through an e-shop located at the Internet address: www.lightportal.codes
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of GoldenSunlight s.r.o., registered office: Bílkova 855/19, Staré Město, 110 00 Prague 1, Czech Republic, business ID number: 095 20 147, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 365125 (hereinafter referred to as the "Seller"), in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, the Civil Code, as amended (hereinafter referred to as the "Civil Code"), set out the rights and duties of the parties arising in connection with or on the basis of a purchase contract, a contract for work or a contract for the provision of services (collectively referred to as the "Contract") concluded between the Seller and a natural person (hereinafter referred to as the "Buyer") through the Seller's e-shop. The e-shop is operated by the Seller at a website located at the Internet address www.lightportal.codes (hereinafter referred to as the "Website"), through the Website interface (hereinafter referred to as the "Store Interface").
1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods or services from the Seller is a legal entity or a person who is acting when ordering goods in the course of his/her business or in the course of his/her independent exercise of his/her profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Contract. Deviating provisions in the Contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are prepared in English. The Contract can be concluded in English.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and duties arising during the validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration at the Website, the Buyer can access their user interface. The Buyer can order goods and services from his/her user interface (hereinafter referred to as the "User Account"). If the Store Interface so allows, the Buyer can also order goods and services without registration directly from the Store Interface.
2.2. When registering at the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the User Account in case of any change. The information provided by the Buyer in the User Account and when ordering goods and/or services is deemed correct by the Seller.
2.3. Access to the User Account is secured with a username and password. The Buyer is obliged to maintain confidentiality regarding the information 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 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 third parties.
3. CONCLUSION OF CONTRACT
3.1. On the basis of these Terms and Conditions, the Seller and the Buyer enter into
a) a purchase contract (Art. 4 and 5), this concerns products presented at the web interface that are not or are not to be assembled in accordance with individual requests of the Buyer or goods that are to be altered in accordance with the Buyer’s wishes or for it; or
b) a contract for work (Article 6) in the case of the purchase of goods made or adapted to the Buyer’s individual requirements; or
c) a contract on provision of services (Art. 7) in the case of the purchase of a programme or event.
3.2. All presentations of goods and services placed at the Store Interface are informative and the Seller is not obliged to conclude a purchase contract regarding such goods. Section 1732(2) of the Civil Code shall not apply.
3.3. The Store Interface contains information about the goods and services, including the prices of individual goods and services and the cost of returning the goods, if the goods, given their nature, cannot be returned by the usual postal route. The prices of goods and services are stated including value added tax. Prices remain valid for as long as they are displayed in the Store Interface. This provision does not limit the Seller’s ability to enter into a purchase contract on individually agreed terms.
3.4. The Store Interface also contains information on the costs associated with packaging and delivery of goods. Information about the costs related to packaging and delivery of goods is stated in the Store Interface.
3.5. The Buyer fills in the order form in the Store Interface to order goods and/or services. The order form contains information about:
3.5.1. the goods/services ordered (the Buyer places the goods/services ordered in his/her electronic shopping basket at the Store Interface);
3.5.2. if it concerns goods, the requested method of delivery of the goods ordered; and
3.5.3. if it concerns goods, the costs related to the delivery of the goods (hereinafter jointly referred to as the “Order”).
3.6. Before sending the Order to the Seller, the Buyer is allowed to check and change the information that the Buyer entered into the Order, including with regard to the Buyer’s ability to detect and correct errors arising from the information entered in the Order. The Buyer sends the Order to the Seller by clicking on the “Send” button. The information provided in the Order is considered correct by the Seller. The Seller confirms receipt of the Order to the Buyer immediately upon receipt of the Order by e-mail to the Buyer’s e-mail address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s E-mail Address”).
3.7. 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 (for example, in writing or by telephone).
3.8. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by e-mail to the Buyer’s E-mail Address.
3.9. The Buyer agrees to the use of remote means of communication when concluding the purchase contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer him/herself, where such costs do not differ from the basic rate.
4. PRICE AND PAYMENT CONDITIONS
4.1. The price of the goods, services and any costs associated with the delivery of goods under the purchase contract, contract for work or contract on provision of services (hereinafter jointly referred to as the "Price") shall be paid by the Buyer to the Seller cashlessly through the payment gateway to which the Buyer will be referred from the web interface, or cashlessly by transfer to the Seller's CZK account, no. 2001870672/2010, or EUR account, no. CZ2920100000002702160286, maintained at FIO banka a.s. (hereinafter the “Seller’s Account”).
4.2. The Price is payable within 7 days of the conclusion of the Contract.
4.3. Together with the Price of the goods, the Buyer shall pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the Price of the goods shall also include the costs associated with the delivery of the goods.
4.4. The Buyer shall pay the Price and state the variable symbol of the payment. In the case of a cashless payment, the Buyer’s obligation to pay the Price is fulfilled when the relevant amount is credited to the Seller’s Account.
4.5. The Seller is entitled to demand payment of the full Price before the goods are shipped to the Buyer. Section 2119(1) of the Civil Code shall not apply.
4.6. If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer in respect of payments made under the purchase contract, contract for work or contract on provision of services. The Seller is not a payer of value added tax. A tax document - invoice - will be issued by the Seller to the Buyer after payment of the Price and sent in electronic form to the Buyer’s E-mail Address.
5. METHOD OF PERFORMANCE OF PURCHASE CONTRACT
5.1. The Contract is performed upon the handover of the goods.
5.2. The Buyer undertakes to accept them. The Buyer has no right to refuse to accept the goods.
6. METHOD OF PERFORMANCE OF CONTRACT FOR WORK
6.1. The Seller will produce the work separately, in accordance with the parameters specified by the Buyer via e-mail communication, which will be initiated by the Seller after receipt of the Price for the goods.
6.2. The Seller undertakes to complete the work within 24 weeks of the date the Price of the goods is credited to the Seller’s bank account. The Seller is entitled to perform the work at any time before the agreed deadline for performance.
6.3. If the Buyer’s cooperation is necessary for the performance of the work or part thereof, the Seller shall set a reasonable period for the Buyer to provide the cooperation. In the event of default by the Buyer in the performance of any of its obligations, the Seller shall be entitled to suspend the performance of the Contract until the Buyer’s obligation has been fulfilled; if the period granted expires in vain, the Seller shall be entitled to withdraw from the Contract for failure to provide cooperation.
6.4. The work is done when it is completed and handed over. The Buyer undertakes to accept it, he/she has no right to refuse to accept the goods.
7. METHOD OF PERFORMANCE OF CONTRACT ON PROVISION OF SERVICES
7.1. The Buyer agrees to the provision of services to the extent ordered by the Buyer. The parties agree that the Buyer is interested in services only to the extent of the programme or event chosen in the Order.
7.2. The specifications of the services and the manner of their provision are contained in the offer presented at the Seller’s Website. The Seller undertakes to provide services in the manner and to the extent presented at the Website. The Seller reserves the right to modify the manner and/or extent of the provision of services during the course of the contractual relationship.
8. WITHDRAWAL FROM CONTRACT
8.1. The Buyer takes note that in accordance with Section 1837 of the Civil Code it is not possible, inter alia, to withdraw from a purchase contract on delivery of goods that were altered in accordance with the Buyer’s wishes or for him/her (as well as a contract for work producing tailor-made goods), from a purchase contract on delivery of goods subject to rapid spoilage, as well as goods that were irrevocably mixed with other goods after delivery, a purchase contract on delivery of goods in sealed packaging that the consumer removed from the packaging and cannot be returned for hygiene reasons.
8.2. If it concerns the provision of services with a date of performance of a programme or event before the expiry of the statutory period for withdrawal, the client agrees upon the conclusion of the Contract to the provision of the services by the Seller before the expiry of the statutory period for withdrawal from the Contract. The Buyer is aware that by doing this he/she loses the right to withdraw from the Contract.
8.3. If it is not a case stated in Art. 8.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, in connection with Section 1829(1) of the Civil Code the Buyer is entitled to withdraw from the purchase contract within fourteen (14) days of the acceptance of the goods, where in the event the subject of the purchase contract is several types of goods for the delivery of several parts, the period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller by the deadline stated in the previous sentence. The Buyer can use the sample form provided by the Seller that is annexed to the Terms and Conditions for withdrawal from the purchase contract. The Buyer can send withdrawal from the purchase contract to the address of the Seller’s registered office or to the Seller’s E-mail address.
8.4. In the event of withdrawal from the purchase contract in accordance with Art. 8.3 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen
(14) days of delivery of the withdrawal from the purchase contract to the Seller. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
8.5. In the event of withdrawal from the purchase contract pursuant to Article 8.3 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the purchase contract in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in another way, if the Buyer agrees to this and the Buyer does not incur additional costs. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to it or proves that he/she has sent the goods to the Seller.
8.6. The Seller is entitled to unilaterally offset a claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
8.7. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time until the Buyer takes over the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, cashlessly to the account designated by the Buyer.
8.8. 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 condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the Buyer is obliged to return the gift together with the goods to the Seller.
8.9. The Buyer is entitled to withdraw from the contract for work if:
a) the Seller is again in default with performance despite having been given a reasonable additional period of time;
b) insolvency proceedings have been commenced against the Seller and the Seller has not yet commenced performance of the contract;
c) in other cases provided for by generally binding regulations withdrawal from the contract is excluded.
8.10. The Seller is entitled to withdraw from the contract for work if:
a) the Buyer acted in such a way as to cause the Seller detriment or damage;
b) the Buyer is late providing the necessary cooperation;
c) in other cases provided for by generally binding regulations, unless they exclude withdrawal from the contract.
8.11. If the contract is withdrawn from for a reason stated in Article 8.10, the Seller is entitled to charge the Buyer an administrative fee of EUR 1,500, which it is entitled to offset against the amount to be refunded.
9. TRANSPORT AND DELIVERY OF GOODS
9.1. The goods ordered are delivered in the Czech Republic and Slovak Republic to the Buyer by the carrier Zásilkovna s.r.o., business ID number: 28408306, registered office: Českomoravská 2408/1a 190 00 Prague 9. In other countries, delivery to the Buyer is provided by the carrier Česká pošta, s.p., business ID number: 47114983, registered office: Politických vězňů 909/4, 22599 Prague 1.
9.2. The risk of damage passes to the Buyer upon acceptance of the goods. The same consequence applies if the Buyer does not take delivery of the goods.
9.3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.
9.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
9.5. Further rights and duties of the parties concerning the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
10. RIGHTS DUE TO DEFECTIVE PERFORMANCE
10.1. The rights and duties of the parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
10.2. The Seller is liable to the Buyer for the goods being free from defects upon acceptance. In particular, the Seller is liable to the Buyer for the following at the time the Buyer accepts the goods:
10.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them;
10.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used;
10.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen;
10.2.4. the goods are in the appropriate quantity, measure or weight; and
10.2.5. the goods comply with the requirements of legal regulations.
10.3. The provisions referred to in Art. 9.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to the defect for which the lower price was agreed, wear and tear on the goods caused by their normal use, in the case of second-hand goods a defect corresponding to the degree of use or wear and tear that the goods had when accepted by the Buyer, or if this results from the nature of the goods.
10.4. If a defect becomes apparent within six months of acceptance, the goods will be regarded as having been defective upon acceptance. The Buyer is entitled to exercise a right under a defect that occurs in consumer goods within twenty-four months of acceptance.
10.5. If a gift is provided together with the goods, the Buyer can exercise a right under defective performance in relation to such product within fourteen (14) days of the day of acceptance of goods.
11. COMPLAINT RULES
11.1. Rights under defective performance are claimed by the Buyer from the Seller at the address of the Seller’s registered office or the Seller’s e-mail address: email@example.com. The Buyer will deliver goods to the Seller secured in such a manner that they are not damaged in the course of transport. Identification of the purchase document, i.e. in particular the Order number, a detailed description of the defect claimed and the Buyer’s contact details (first name, surname/company, address, telephone number, e-mail address) will be attached to the goods.
11.2. If the Buyer exercises a right arising from defective performance, the other party shall confirm to him/her in writing when he/she exercised the right, as well as the repair and duration of the repair. The Seller shall deal with a right the Buyer claims due to a defect, including the possible correction of the defect,without undue delay, but no later than 30 days after the date the rights based on the defect are exercised. The 30-day period may be extended by agreement with the Buyer; such extension shall not be for an indefinite or unreasonable period of time.
11.3. If a defect in the goods constitutes a non-material breach of contract, i.e. if the goods can be repaired, adjusted or replaced by new ones without major difficulties within a reasonable time so that they have the characteristics set out in Article 9.2, the Buyer has the right to have the defect corrected. If the Seller does not correct a defect in goods in time or refuses to correct a defect, the Buyer may demand a discount on the purchase price or withdraw from the Contract. A choice made cannot be changed by the Buyer without the Seller’s consent.
11.4. If the goods do not have the properties stated in Art. 9.2, the Buyer may request the delivery of new goods without defects, unless it is unreasonable given the nature of a defect. If a defect relates only to part of goods, the Buyer can only demand the replacement of that part, if this is not possible, he/she can withdraw from the Contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be corrected without undue delay, the Buyer has the right to have the defect corrected free of charge.
11.5. The Buyer has the right to have new goods delivered or parts replaced even in the case of a correctable defect, if he/she cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In such cases the Buyer is entitled to withdraw from the Contract. If the Buyer does not withdraw from the Contract or exercise a right to the delivery of new goods without defects, the exchange of a part or the repair of goods, he/she can request a reasonable discount. The Buyer is entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace part of the goods or repair the goods, as well as if the Seller fails to provide a remedy within a reasonable period of time.
11.6. The Buyer does not have a right under defective performance if the Buyer knew before accepting the goods that the goods were defective or if the Buyer causes the defect.
11.7. The Buyer is entitled to reimbursement of necessary costs he/she incurs in connection with the claiming of legitimate rights under a defect, provided they were incurred genuinely and efficiently.
12. OTHER RIGHTS AND DUTIES OF THE PARTIES
12.1. The Buyer acquires ownership of the goods by paying the full purchase price for the goods.
12.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
12.3. Dealing with consumers’ complaints is handled by the Seller at the e-mail address firstname.lastname@example.org. Information about the handling of the Buyer’s complaint will be sent by the Seller to the Buyer’s e-mail address.
12.4. For the out-of-court settlement of consumer disputes arising from a purchase contract the competent authority is the Czech Trade Inspection Authority, registered office: Štěpánská 567/15, 120 00 Prague 2, business ID number: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under a purchase contract.
12.5. The European Consumer Centre Czech Republic, registered office: Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point under 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 Online Dispute Resolution for Consumer Disputes).
12.6. The Seller is entitled to sell goods on the basis of a trading licence. Trade licensing inspections are carried out by the competent trade licensing authority within the scope of its remit. Supervision of the protection of personal data is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, to the defined extent and among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
12.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
13. PERSONAL DATA PROTECTION
13.1. The Seller performs its information duty to the Buyer within the meaning of Art. 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) related to the processing of the Buyer’s personal data for the purposes of performance of the purchase contract, for the purposes of negotiations on the purchase contract and for the purposes of performance of the Seller’s public-law duties by means of a separate document.
14. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
14.1. Within the meaning of Section 7(2) of Act No. 480/2004 Coll., on certain information society services and on an amendment to some acts (the Act on Certain Information Society Services), as amended, the Buyer agrees to the sending of commercial communications by the Seller to the Buyer’s E-mail Address or telephone number. The Seller performs its information duty to the Buyer within the meaning of Article 13 of the GDPR relating to the processing of the Buyer’s personal data for the purpose of sending commercial communications by means of a separate document.
14.2. The Buyer has the option to subscribe to commercial communications by entering his/her contact details (in particular his/her e-mail address) in the web interface and confirming the contact details entered by confirming the link sent to the e-mail address entered. The Buyer is entitled to rescind consent to the sending of commercial communications by clicking on the link stated in each e-mailed commercial communication or sending withdrawal of his/her consent to the address email@example.com.
14.3. The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made at the Website and the Seller’s obligations resulting from the purchase contract performed without cookies being stored on the Buyer’s computer, the Buyer can rescind consent in accordance with the previous sentence at any time.
15.1. Delivery can be made to the Buyer at the Buyer’s e-mail address.
16. CONCLUDING PROVISIONS
16.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The selection of law in accordance with the prior sentence does not prevent the Buyer, if he/she is a consumer, from enjoying the protection provided by a legal order from which it is not possible to contractually deviate and that would, in the event of the non-existence of the selection of law, otherwise be applied in accordance with Art. 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
16.2. If a provision of the Terms and Conditions is invalid or ineffective or so becomes, a provision whose sense is as close as possible to the invalid provision shall be used instead of the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
16.3. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
16.4. A sample form for withdrawal from the purchase contract is attached to the Terms and Conditions.
16.5. Seller’s contact details: delivery address: GoldenSunlight s.r.o. (BAS store), Hromádkova 1794/8, Tábor 2, 390 02, Czech Republic; e-mail address firstname.lastname@example.org.
Prague, 22 January 2023
Form for Withdrawal from Contract
Registered office: Bílkova 855/19, Staré Město, 110 00 Prague 1, Czech Republic, business ID number: 095 20 147
Entered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 365125 email@example.com
Address for Delivery:
GoldenSunlight s.r.o. (BAS store) Hromádkova 1794/8
Tábor 2, 390 02
First name and surname/company:
Date of order:
Date of receipt of goods by the Buyer:
Refund account number:
In ____________________ on _____________________