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Terms and conditions - end-users (B2C)

Article I

Introductory provisions

  1. These Business Terms and Conditions for the sale of goods in the DENCOP Online Shop to Consumers (hereinafter referred to as the "Business Terms") govern the mutual rights and obligations of the parties in connection with the purchase agreements concluded between the DENCOP LIGHTING spol. S ro, ID No: 25566130, with registered office at Zlín, Malenovice, Tečovská 1122, entered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert No. 34121 (hereinafter referred to as the "Seller" Buyer ") on the other hand if the Buyer is a consumer and if the relevant purchase agreement has been concluded through the relevant application within the Internet shop operated by the Seller on the website http://eshop.dencop.cz/. In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "OZ"), part of the content of the purchase contract for the sale and purchase of movable items from the Internet shop offer operated by the Seller (hereinafter referred to as " ") With reference to these Business Terms. Once the Buyer submits the Seller within the meaning of the last sentence of Article II, paragraph 1 below in these Terms and Conditions, he confirms that he has become sufficiently familiar with the terms of Business Terms and Conditions and agrees with them.
  2. Consumer is understood to mean any person who signs the Buyer's contract for the sale and purchase of movable items from an online shop operated by the Seller (the "Goods") with the Seller outside of his / her business or beyond the independent performance of his / her profession.
  3. Business conditions do not apply to cases where the Buyer was also an entrepreneur to conclude a sales contract related to his business activity.
  4. In the event that any provision of the Terms and Conditions will conflict with the provisions of the Purchase Agreement, the relevant provisions of the Purchase Agreement shall prevail. If the provisions of the Terms of Business and the Purchase Agreement are not in conflict, the provisions of the Business Terms and the Purchase Contract shall apply at the same time. Deviating arrangements in the Purchase Agreement must be negotiated in writing; It is expressly excluded that the deviating arrangements in the Purchase Agreement should have a different form than written form.
  5. The Seller may change or supplement the wording of the Terms of Business. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

 

Article II

Purchase contract

  1. Purchase agreement for the sale and purchase of the Goods will be concluded in the form of an electronic data exchange, exclusively via the "E-shop" application placed on the Seller's website at: http://eshop.dencop.cz/. The proposal for the conclusion of the purchase contract is submitted by the Buyer. The proposal for the conclusion of a purchase contract is understood only as an order created by the Buyer by selecting the Goods he / she intends to buy within the offer and generating an order form in the "E-shop" application, in which he then adds the required data. By sending an order, the Buyer submits a proposal for the conclusion of the Purchase Contract by the Seller.
  2. The Purchase Agreement is concluded when the Buyer has received a confirmation from the Buyer at the email address specified in the order that the Seller agrees to the order (with the proposal to conclude the purchase contract). Section 1725 of the CT shall not apply.
  3. All presentations of the Goods placed in the web interface of the Internet shop operated by the Seller are informative and the Seller is not obliged to conclude a purchase contract for this Goods. Section 1732 (2) of the CC shall not apply.
  4. A contract of sale may be supplemented, altered or canceled only in writing, unless its termination is linked to a particular event or other legal action. At the same time, the Purchase Agreement will always represent a complete agreement on the subject of the sale and purchase, with the fact that there will be no secondary agreement in addition to the Purchase Agreement that would apply to its subject matter, unless such an arrangement has a written form.
  5. The Purchase Contract is archived by the Seller in electronic form and is not accessible.

 

Article III

Purchase price and payment terms 

  1. The purchase price is always listed for each item of the offered Goods. The purchase price will be added to the costs associated with the packing and delivery of the Goods (the costs associated with the packing and delivery of goods are collectively referred to as "Delivery Costs"), according to the above mentioned in the "E-shop" Application, Mentioned otherwise. The resulting amount will be paid by the Buyer in a manner that the Buyer chooses from the offer within the "E-shop" application.
  2. If the Buyer's Purchase Price (with Delivery Costs) is to be paid before the Goods are dispatched and if the Buyer does not pay the Purchase Price (with Delivery-related Costs) within 21 days from the date the Purchaser Seller submitted the Order The draft Purchase Agreement), then the Purchase Agreement in question is canceled without any further action from the very beginning.
  3. The Seller is entitled to provide a discount on the Purchase Price or to modify Delivery Costs as part of providing benefits to the Buyer or in the Sales Promotion Actions.
  4. The Seller does not claim an advance or other similar payment from the Buyer. This is without prejudice to the provisions of paragraph 6 B) in this Article in relation to Buyer's obligation to pay the purchase price in advance, if agreed in the Purchase Agreement.
  5. In the case of 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 10 days of the conclusion of the Purchase Contract.
  6. Buyer may pay the purchase price and any costs associated with delivering the Goods under the applicable Purchase Agreement in any of the following ways:
    • (a) cash in cash at the place specified by the Buyer in the order or
    • (b) cashless transfer to the Seller's account specified in the Seller's confirmation of purchase with the order (see Article II, paragraph 2 of the Terms and Conditions).
  7. The Buyer acknowledges that if the price of the Goods listed in the web-based web interface operated by the Seller and subsequently in the order is clearly lower than the usual price of the same item at the time and place (mainly because of a mistake in writing or in numbers or for technical reasons Errors on Seller, etc.), the Purchase Agreement is not concluded at all, even though the Seller has confirmed to the Purchaser the receipt of the order.
  8. When ordering below 2.000Kč without VAT, the handling fee will be charged to the customer at the current rate

 

Article IV

Delivery of goods

  1. The goods will be delivered in a manner resulting from a concluded purchase contract, either by sending to the delivery address specified by the Purchaser in the order (proposal for conclusion of the purchase contract) or by handing over to the Buyer, if the Purchaser chooses personal purchase in the purchase contract, Of the Seller at its registered office: Zlín, Malenovice, Tečovská 1122 or at its premises: Chrášťany 140, Rudná u Prahy.
  2. The Seller shall send the goods to the delivery address specified by the Purchaser in the order (the proposal for the conclusion of the purchase contract), so as to do so as a rule within the time limit
    • (i) 14 days from the date on which the purchase contract is concluded, if the goods are to be paid upon its receipt by the Buyer under the COD
    • (ii) 14 days from the date of credit purchase (increased by postage, if charged) to Seller's bank account if the goods are to be paid by the Buyer before sending it.
  3. The buyer takes note of the fact that the aforementioned time limits for the dispatch of the goods are indicative deadlines. Therefore, the purchase agreement does not include the agreement of the parties to the specific delivery period. The seller is obliged to deliver the goods within a reasonable period of time.
  4. For dispatch of the goods, the Seller shall use the Czech Post, s.p. Or other suitable carrier; If the Goods are to be paid upon receipt by the Buyer, the shipment will be sent by cash on delivery. Delivery costs are borne by the Buyer (see Article III, paragraph 1 of the Tender Terms).
  5. If the Purchaser refuses to accept the Goods without having any reason to do so, or if the consignment is not picked up during the storage period, and the Goods will be returned to the Seller, then the Purchase Contract shall be canceled immediately from the very beginning; The Seller's claim for damages against the Buyer is not affected thereby.
  6. Upon receipt of the goods shipment from the selected carrier, Buyer is obliged to check the integrity of the package and in the event of any defects to notify the carrier accordingly. In the event of a violation of the package indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the delivered parcel.

 

Article VI

Rights from defective performance

  1. The Seller bears the responsibility before the Buyer that the Goods are not defective upon takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer took over,
    • has the characteristics that the parties have agreed to and, if the arrangement is lacking, has such properties as the Seller or the Manufacturer has described or which the Buyer expects with regard to the nature of the Goods and the advertising they make,
    • this is appropriate for the purpose for which the Seller indicates or to which the Goods of this kind are normally used,
    • this corresponds to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
    • is this in an appropriate quantity, degree or weight, and
    • this complies with the requirements laid down by generally binding legal regulations.
  2. The Buyer is entitled to claim the right to a defect that occurs with the Goods taken over within twenty-four months of its acceptance.
  3. The provisions in paragraphs 1 and 2 of this Article shall not apply in the case of Goods sold at a lower cost to a defect for which a lower price has been agreed for wear and tear of the goods caused by its usual use, the Goods used for a defect corresponding to the degree of wear or tear, Had been taken over by the Buyer, or if it resulted from the nature of the Goods.
  4. If a defect occurs within six months of the takeover, the goods shall be presumed to have been defective at the time of acceptance.
  5. The rights to defective performance pursuant to § 2099 to 2017 and § 2165 to 2174 of the CT may be dispatched by the Buyer by mail to the address of the place of business Seller: DENCOP LIGHTING spol.s ro, Zlín, Malenovice, Tečovská 1122, postal code 76302 or via electronic on-line form at: https://eshop.dencop.cz/en/claims. Rights to defective performance must be exercised by on-line form available by the Seller at the web interface of the Internet shop operated by the Seller at: https://eshop.dencop.cz/en/claims. Once the claim is considered to be the moment when the Seller received a written Exercise of rights from defective performance and when the Seller has at the same time received from the Buyer the Goods claimed.
  6. Complaint proceeding will be in accordnace with Complaints Procedure available at: https://eshop.dencop.cz/en/complaints-conditions

 

Article VII

Protection of personal data

  1. The Purchaser of the order (the Purchase Agreement) agrees to process the following personal data: name and surname, address, e-mail address, telephone number (collectively referred to as "personal data") by the Seller, Will be for the purpose of realizing the rights and obligations of the Purchase Agreement. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
  2. The Buyer acknowledges that he is obliged to state his or her personal data (when registering, ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller of any change in his personal information without undue delay.
  3. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
  4. By sending an order (Purchase Agreement) The Buyer confirms that the personal data provided are accurate and that he has been informed that this is a voluntary provision of personal data.
  5. In the event that the Purchaser considers that the Seller is processing the processing of his or her personal data that is contrary to the protection of the buyer's private and personal life or contrary to law, especially if the personal data are inaccurate with regard to the purpose of their processing, May
    • (i) ask the Seller for explanation of the explanation, or
    • (ii) require the Seller to remedy the situation thus created.

If the Buyer asks for information on the processing of his personal data, the Seller is required to provide this information.

Article VIII

Special provisions

  1. Buyer acquires ownership of the Goods by paying the full purchase price.
  2. The Seller is not bound by any Code of Conduct in relation to the Buyer within the meaning of Section 1826 (1) E) Trademarks.
  3. The buyer thus takes on the risk of changing circumstances within the meaning of Section 1765 (2) of the CC.
  4. If the Trademarks or these Business Terms and Conditions for a particular legal act, notice, or request require a written form, it is immediately excluded that such legal acts, notifications or requests are made otherwise than in writing.
  5. Legal acts for which a written form is required shall be valid, in particular if it is signed by a person acting on the basis of a data box or if it is provided with a guaranteed electronic signature under a special law.
  6. Legal acts, notices and applications for which a written form is not prescribed may be made in writing, by telephone, by e-mail, via a data mailbox if the parties to the mailbox allow it. If one of the parties so requests, the legal acts under this paragraph made otherwise than in writing must be additionally supplemented in writing.
  7. Documents delivered through the postal license holder will be sent to the address of the place of business or, The place of residence indicated to the relevant addressee in the Purchase Agreement. In the context of the foregoing, the parties are under an obligation to notify the other without undue delay of any change in the address of the place of business, residence. If either party fails to service the document by failing to notify the change of business address, Domicile, the consignment is properly delivered on the third working day after dispatch and, if it is delivered to an address in a country other than the Czech Republic, on the fifteenth working day following dispatch. If the addressee fails to accept the document by refusing to accept it, it is true that it has been properly dated when the addressee has refused to accept the document. If the addressee fails to take a document that he or she does not accept a document (sent by registered mail or registered mail with a receipt) stored in the post office at the time of storage, it shall be valid until the expiry date. If the addressee fails to reproduce the document otherwise than in the previous clauses in this paragraph, it shall be validly received on the date of its return to the sender.

 

Article IX

Final Provisions

    1. If any provision of the Terms and Conditions is invalid or ineffective, or becomes a provision, the provision of which makes the invalid clause approximate as close as possible to invalid clauses. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions of the Terms and Conditions.
    2. Contact data Seller:
      • delivery address: DENCOP LIGHTING spol. S r.o., Zlín, Malenovice, Tečovská 1122, postcode 763 02
      • e-mail address: eshop@dencop.cz
      • phone +420 571 894 000
    3. These Business Terms and Conditions became effective on 1.1.2022

    DENCOP LIGHTING spol. s r.o.