Terms and conditions
Draft terms and conditions for the new online store, prepared for legal review.
Seller details
Osvětlení Černoch s.r.o.
V Lipách 381, 190 16 Praha 9 – Koloděje
Company ID: 25133004
VAT ID: CZ25133004
Tel.: +420 272 702 092
E-mail: osvetleni@cernoch.cz
Company registered in the Commercial Register, Section C, File 52440.
1. General provisions
These terms and conditions govern rights and obligations arising from the purchase of goods through the online store operated by Osvětlení Černoch s.r.o. at machinery-lighting.eu.
These terms apply both to consumers and to buyers acting in the course of business, unless a provision states or by its nature clearly applies only to consumers. Statutory consumer rights are not restricted by these terms.
Specific terms agreed in an individual purchase contract take precedence over these terms and conditions.
2. Order and conclusion of the purchase contract
No registration or customer account is required. The buyer selects the goods or configuration, adds them to the cart and enters contact and billing details, an invoice e-mail address, delivery method and payment method.
Before submitting the order, the buyer can check and correct all details. The order is submitted using a button that clearly indicates the obligation to pay.
After receiving the order, the seller sends confirmation to the contact e-mail address. Unless agreed otherwise for a particular order, the purchase contract is concluded when the buyer receives the seller’s order-acceptance confirmation.
Depending on quantity, price, availability or the non-standard nature of an order, the seller may request additional confirmation from the buyer.
3. Product prices and delivery costs
Products show both the price excluding VAT and the final price including VAT. The cart and final checkout always show the final price including taxes and other mandatory charges.
The standard delivery charge for the applicable store version is — excluding VAT, i.e. — including VAT —, unless stated otherwise in the order. Collection in person is free of delivery charges.
The seller reserves the right to change prices; the price confirmed in the order is binding for a contract already concluded.
4. Payment terms
Depending on the options offered at checkout, the buyer may choose:
- bank transfer after delivery – only for approved customers; the due date is stated on the invoice,
- bank transfer before dispatch – the seller sends a pro forma invoice and dispatches the goods after payment is received,
- cash on delivery – payment when taking delivery from the carrier,
- online payment – by Visa or Mastercard, or by an online bank-payment button through the Comgate payment gateway.
Online payments are provided by Comgate a.s., Gočárova třída 1754/48b, 500 02 Hradec Králové, Czech Republic. Comgate is a licensed payment institution supervised by the Czech National Bank. Details about the payment process, security and contacts for questions or complaints are provided on the Shipping and payment.
For online payment, the seller neither processes nor stores card details; these are entered directly in the secure environment of the payment-gateway provider. An order is considered paid only after the payment-service provider confirms a successful payment.
The tax document is sent electronically to the invoice e-mail address entered by the buyer.
5. Delivery of goods
Goods are delivered to the address entered in the order or prepared for collection where this option is selected. The expected delivery date is stated or confirmed when the order is processed.
If delivery has to be repeated or a different method used for reasons attributable to the buyer, the seller may charge reasonably incurred additional costs.
On receipt, we recommend checking the packaging and notifying the carrier of visible damage without undue delay. This does not affect statutory rights relating to defective performance.
6. Consumer withdrawal
Where provided by law, a consumer may withdraw from a contract concluded online within 14 days of receiving the goods. It is sufficient to send the withdrawal notice within the period to the seller’s address or to osvetleni@cernoch.cz.
The consumer must return the goods without undue delay and no later than 14 days after withdrawal. The consumer bears the direct return costs unless the law provides otherwise.
The seller refunds payments received, including the cost of the least expensive offered delivery method, within 14 days of withdrawal; the seller may withhold the refund until receiving the goods or proof that they were sent.
The right of withdrawal does not apply in cases specified by law, including goods genuinely made or modified to the consumer’s individual requirements. Selecting from pre-offered standard product variants does not by itself create this exception.
Practical instructions are available on the Returns and complaints.
7. Rights arising from defects and complaints
The seller is responsible to the consumer for the goods being free from defects on receipt and meeting agreed and statutory requirements. The consumer may claim a defect that existed on receipt and appears within two years. If a defect appears during the first year, it is presumed to have existed on receipt unless the seller proves otherwise.
Subject to statutory conditions, the consumer is entitled in particular to repair or replacement, or where applicable an appropriate price reduction or withdrawal.
A complaint may be submitted by e-mail to osvetleni@cernoch.cz or at Osvětlení Černoch s.r.o., V Lipách 381, 190 16 Prague 9 – Koloděje, Czech Republic. The consumer will receive confirmation of submission and resolution.
A consumer complaint, including remedy of the defect, will be resolved without undue delay and no later than 30 days after submission, unless a longer period is agreed and the consumer provides the cooperation needed to assess the defect.
8. Provisions for business customers
Where the buyer is acting in the course of business, provisions intended exclusively for consumers do not apply, in particular the 14-day withdrawal right and special consumer complaint rules.
A business customer’s rights arising from defects are governed by Czech civil law and any individual agreement. The business customer must inspect the goods as soon as reasonably possible after receipt and report defects without undue delay.
9. Complaints and alternative dispute resolution
Complaints may be sent to osvetleni@cernoch.cz.
If a consumer dispute arising from a purchase contract cannot be resolved by agreement, the consumer may submit it for alternative dispute resolution to the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Prague 2, Czech Republic, e-mail adr@coi.gov.cz, website coi.gov.cz/informace-o-adr/.
10. Personal data protection
Information about personal-data processing is provided on the separate Privacy policy. Providing data necessary to process an order is not based on consent to receive marketing communications.
11. Delivery of notices and electronic communication
The seller communicates with the buyer primarily through the contact e-mail address entered in the order. Tax documents are sent to a separate invoice e-mail address where the buyer provides one.
12. Final provisions
Legal relations are governed by the law of the Czech Republic. For consumers, this does not prejudice rights arising from mandatory provisions that would apply even if another law were chosen.
If any provision is invalid or ineffective, the remaining provisions remain unaffected. The seller may amend these terms for the future; contracts already concluded are governed by the version effective when they were concluded.
The purchase contract is archived electronically for a period corresponding to legal and operational requirements.
Annex – model consumer withdrawal form
To: Osvětlení Černoch s.r.o., V Lipách 381, 190 16 Praha 9 – Koloděje, osvetleni@cernoch.cz
I hereby give notice that I withdraw from my contract for the purchase of the following goods: ____________________
Order number: ____________________
Date ordered / received: ____________________
Consumer’s name: ____________________
Consumer’s address: ____________________
Date: ____________________
Signature (only if submitted on paper): ____________________
