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 following the provisions of the Civil Law (hereinafter referred to as the “Civil Law”) 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 upon in the purchase contract. Different arrangements in the Purchase contract take precedence over the provisions in the Business Terms and Conditions.
1.3. The Business Terms and Conditions are an integral part of the Purchase contract. The Purchase contract and Business Terms and Conditions are in the English language. The Purchase Contract can be concluded in the English 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 the 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 the online store web interface is of an informative nature and the seller is not obliged to conclude a purchase contract of these goods. The provisions of the Civil Law 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 their 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 on the 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 web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. The information about the costs associated with the packaging and delivery of the goods mentioned in the web interface of the shop is valid only in cases when the goods are delivered within the territory of Ireland..
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 store web interface),
- the payment method of the purchase price of the goods, information about the required delivery method of the ordered goods and
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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 finding out and correcting errors, that 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 receipt 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:
- by bank transfer to the seller's bank account IBAN: CZ5520100000002600287120, SWIFT: FIOBCZPPXXX held with the FIO Bank EUR compan (hereinafter referred to as the “seller's account”);
- cashless via an 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 the case of cashless payment, the purchase price is payable within 7 days from the order realization.
4.6. In the case of cashless payment, the buyer is obliged to specify the variable symbol that he/she received during the realization of the order. In the case of cashless payment, the buyer´s obligation - to pay the purchase price, is fulfilled at 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 the Civil Law section 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. The seller is obliged to issue the buyer with a tax document - an invoice - regarding payments made under the purchase agreement. The seller is a value-added taxpayer. Tax document - the invoice is issued by the seller to the buyer after the ordered goods are sent and it is sent in electronic form to the buyer's e-mail 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. The seller is obliged to issue a tax document to the buyer.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that according to the provisions of the Civil Law, 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 computer software if they have damaged their original packaging. The seller stresses that the goods - respirators with protection class FFP2 / mask, which the consumer has removed from the packaging, are goods that cannot be returned for hygiene reasons.
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 the Civil Law, 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 addition to a possible withdrawal under the terms of the previous paragraph, the seller shall grant the right to the buyer, who is in the position of the consumer, to withdraw from the contract within 60 days of receipt of the goods without giving a reason, provided that such buyer returns to the seller of the goods carefully packaged in the original packaging with all the accessories and all the components of the packaging, and provided that the goods have not been used beyond the control of their nature, characteristics and functionality, and are not goods customized to the buyer's personal needs or goods clearly adapted to the buyer's personal needs.
5.4.In the event of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of delivery of the withdrawal 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 by normal postal channels due to their nature. The seller DOES NOT ACCEPT goods returned to his/her address by - CASH ON DELIVERY. This package will not be received and will be returned to the sender.
5.5. 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.
5.6. 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.
5.7. 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.
5.8. 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 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. In the case that the buyer does not return the gift together with the goods, the seller is entitled to reduce the returned purchase price by the value of the gift not returned.
5.9. Bulbs (light sources), supplied as a gift or completely free with purchased lights, are promotional items. The warranty does not cover these.
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, according to the Civil Law, 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. (within 2 working days at the latest). The buyer is obliged to demonstrate this by photo-documenting the damage if the goods damaged in the transport are delivered. 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 the 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 at the latest), so that we can start solving the case and take care of any discrepancies successfully.
6.5. After sending the order, the customer receives a link to track the shipment. In the event that the shipment appears to be delivered according to the tracking, but the consignee has not received the shipment, the consignee is obliged to notify the consignor of the shipment as soon as possible, no longer than 5 days from the date of delivery specified in the tracking of the carrier.
6.6. 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 (provisions of the Civil Law).
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. Products for consumers are subject to a warranty period of 2 to 5 years (24 to 60 months), for each individual product the specific warranty period is always stated in the product details. In the case of a legal entity, the warranty period is 12 months for all products.
7.4 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.
7.5. 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 claim the right from a defect that occurs in consumer goods at the warranty period specified for each individual product displayed, but not less than twenty-four months after receipt.
7.6. The buyer will exercise the right from defective performance, and in case of a need to return the product to the seller, the buyer will return the package to the address specified by the seller.
7.7. Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's return policy available on the website.
7.8. 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.
7.9. The seller hereby notifies the buyer that the goods containing chemical adhesives or other compounds may have an odor after unpacking. The goods are not chemically or physically harmful, odor subsides after a short period of time. Therefore, such goods can not be regarded as defective.
7.10. 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 at 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 the Civil Law.
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. If 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 an agreement, the buyer acknowledges that he/she is entitled to submit a proposal for out-of-court settlement of such dispute. Responsible for out-of-court settlement of consumer disputes arising from the purchase contract is the Competition and Consumer Protection Commission, with a registered office at Bloom House, Railway St, Mountjoy, Dublin, D01 C576, website: https://www.ccpc.ie. 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 a purchase contract.
8.5. European Consumer Center Ireland, with a registered office at The Masonry, Thomas Street 151-156, D08 PY5E Dublin, website: https://www.eccireland.ie is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 May 2013 on resolving consumer disputes online and amending Regulation (ES) No. 2006/2004 and Directive 2009/22/ES (Regulation on the 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. "Competition and Consumer Protection Commission" performs, to a limited extent, supervision over compliance with the Consumer Protection Act, as amended.
8.7. The buyer hereby assumes the risk of changing circumstances within the meaning of the Civil Law.
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 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 into 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. The Terms and Conditions also include an online form for withdrawing from the purchase contract.
10.5. Seller contact information: shipping address: Pražská 2532/4, Blansko 678 01, phone + 353 (818) 882167.
In Blansko on the 30th of October 2023
Paulina