General Business Terms and Conditions of business company Bulb spol. s r.o.

GENERAL BUSINESS TERMS AND CONDITIONS OF business company Bulb spol. s r.o.

Company ID No.: 250 75 381, with registered office at Předboj, Ke Tvrzi 7, postal code: 250 72, entered in the Commercial Register maintained with the Municipal Court in Prague, Section C, File 47527 (hereinafter only the “Seller”)

(hereinafter only the “Terms and Conditions”)

 

I. Introductory Provisions

  1. The subject of these Terms and Conditions shall be the regulation of mutual rights and obligations of the Contracting Parties arising in connection or based on the Contract of Sale (hereinafter only the “Contract of Sale”) entered into between the Seller and the Buyer.
  2. The Buyer is a consumer if the Buyer does not act within the Buyer´s entrepreneurial activity or other commercial activity during the entering into the Contract of Sale with the Seller and performance thereof (hereinafter only the “Buying Consumer”). The Buyer is an entrepreneur if the Buyer acts within the Buyer´s entrepreneurial activity or other commercial activity during the entering into the Contract of Sale with the Seller and performance thereof, mainly by purchasing the Goods from the Seller for the purposes of its entrepreneurship (hereinafter only the “Buying Entrepreneur”). (The Buying Consumer and the Buying Entrepreneur jointly hereinafter only the “Buyers”.)
  3. These Terms and Conditions form an integral part of the Contract of Sale.
  4. The Contract of Sale and the Terms and Conditions have been drawn up and are entered into in the Czech language.
  5. The point of sale of the Seller is Showroom Bulb, Jankovcova 1037/49 (Classic 7), Praha 7, postal code: 170 00 (hereinafter only the “Point of Sale”).
  6. The Seller is the VAT payer.

 

 

II. Contract of Sale

  1. When ordering the Goods from the Seller, the Buyer shall select the type and quantity of the Goods, manner of payment of the purchase price for the Goods and manner of the Goods delivery (hereinafter only the “Purchase Order”). The Buyer shall address the Purchase Order to the Seller together with its identification details.
  2. The process of the entering into the Contract of Sale is performed in the Czech language unless the Seller and the Buyer explicitly agree otherwise.
  3. In the case of entering into the Contract of Sale in the Seller´s registered office or a Point of Sale, the Seller shall be obliged to confirm in the text form the receipt of the Purchase Order to the Buyer and hand in these Terms and Conditions together with this confirmation to the Buyer. The Buyer shall be obliged to confirm with its signature of the text wording of the confirmation of the Purchase Order´s receipt that the Buyer agrees to the details specified therein by which the Buyer confirms, as well, that the Buyer has been made acquainted with these Terms and Conditions and agrees to their wording in the time limit of three (3) days from the day when the Buyer was handed over the confirmation of the Purchase Order´s receipt and these Terms and Conditions. The Contract of Sale shall be entered into on the moment when the Buyer evidences to the Seller its signature of the confirmation of the Purchase Order´s receipt.
  4. If the Buyer fails to demonstrate its consent to the confirmation of the Purchase Order´s receipt and with the wording of these Terms and Conditions in the time limit specified in Para. 3 of this Article, it is deemed that the Contract of Sale has not been entered into unless the Buyer and the Seller agree otherwise.
  5. If the Contract of Sale is being entered into as a distance contract, the Seller shall be obliged to confirm to the Buyer the receipt of the Purchase Order via e-mail to the electronic e-mail address specified by the Buyer within the ID details in the Purchase Order. In the confirmation of the Purchase Order´s receipt, the Seller shall state the Purchase Price for the Goods and the price for the Goods transport, as well, if the charged-for manner of the Goods delivery has been agreed. These Terms and Conditions shall be a part of the confirmation of the Purchase Order´s receipt. The Buyer shall be obliged to confirm to the Seller the correctness of the details specified in the confirmation of the Purchase Order´s receipt via e-mail to the electronic e-mail address of the Seller within three (3) days of the day when the Buyer was delivered confirmation of the Purchase Order´s receipt. It is deemed that the confirmation of the Purchase Order´s receipt sent to the Buyer via the Seller´s electronic e-mail address was delivered to the Buyer on the same day on which it was sent by the Seller. The Contract of Sale is entered into upon the moment when the Buyer sends to the Seller the consent to the details specified in the confirmation of the Purchase Order´s receipt by which the Buyer confirms, at the same time, that the Buyer has been made acquainted with these Terms and Conditions and agrees to their wording.
  6. If the Buyer fails to send to the Seller the consent to the confirmation of the Purchase Order´s receipt in the time limit specified in Para. 5 of this Article, it is deemed that the Contract of Sale has not been entered into unless the Buyer and the Seller agree otherwise.
  7. The Buyer agrees that in the case of use of means of distance communication relating to the entering into and performance of the Contract of Sale (costs of the internet connection, costs of phone calls etc.), the Buyer shall pay its own costs.

 

III. Delivery of Goods and Transport Costs

  1. When entering into the Contract of Sale, the Buyer shall select one of the manners of transport of the Goods purchased at the Seller:
    1. Personal collection by the Buyer at the Seller´s registered office or a Point of Sale

The Seller undertakes not to demand any fees from the Buyer for the handing over of the Goods to the Buyer in the Seller´s registered office or a Point of Sale. The Buyer agrees to pay the costs of the Buyer´s transport to and from the Seller´s registered office or a Point of Sale for the Goods collection. The Buyer shall be obliged to collect the Goods as specified in the Contract of Sale in the Seller´s registered office or a Point of Sale within five (5) business days of the entering into the Contract of Sale. This time limit may be extended after mutual agreement between the Seller and the Buyer. If the Buyer fails to collect the Goods in the Seller´s registered office or a Point of Sale in this time limit, the Seller shall invite the Buyer repeatedly via the e-mail to collect the Goods and, at the same time, the Seller shall be entitled to claim from the Buyer the reimbursement of costs for the storage of the Goods. If the Goods are not collected within ten (10) business days of the day of sending this repeated invitation to collect the Goods by the Buyer, the Seller reserves the right to sell the Goods.

  1. Delivery of the Goods by a forwarding agency to the address specified by the Buyer

The price for transport depends on the type, quantity and size of the Goods and the place of delivery of the Goods. The specific price for transport shall be agreed between the Seller and the Buyer upon the entering into a Contract of Sale. The price for delivery of the Goods specified in the Contract of Sale by a forwarding agency to the address specified by the Buyer shall be paid by the Buyer. The Seller undertakes to hand over the Goods specified in the Contract of Sale to the forwarding agency for delivery within five (5) business days of the entering into the Contract of Sale. This time limit may be extended after mutual agreement between the Seller and the Buyer.

  1. In the case of delivery of the Goods via a forwarding agency to the address specified by the Buyer, the Buyer undertakes to accept the Goods upon their delivery.
  2. The Buyer shall be obliged to check the intactness of the Goods upon the acceptance of the Goods and report immediately any defects to the Seller. The Buyer shall have this obligation upon the acceptance of the Goods from a forwarding agency towards the carrier.
  3. The Buyer shall not be obliged to accept the Goods from the forwarding agency if the Buyer discovers damage to the packaging indicating unauthorized intrusion into the shipment.
  4. The Buyer shall sign delivery note upon the acceptance of the Goods. By signature of the delivery note, the Buyer confirms that the shipment of the Goods has been delivered without obvious defects. The Seller shall not acknowledge a late complaint concerning the damage to the packaging of the shipment.

 

IV. Payment Terms

  1. The Buyer shall be obliged to pay the Seller the Purchase Price for the Goods in one of the manners specified below:
    1. Payment upon the collection of the Goods in the Seller´s registered office or a Point of Sale

The Buyer shall pay the entire Purchase Price for the Goods in cash or by a payment card upon the acceptance of the Goods in a Point of Sale or a registered office of the Seller.

  1. Payment based on a pro-forma invoice before the Goods delivery

The Buyer shall pay the entire Purchase Price for the Goods based on a pro-forma invoice issued by the Seller and delivered to the Buyer. The Buyer shall be obliged to specify the address for the sending of the pro-forma invoice to the Buyer upon the entering into the Contract of Sale. The payment details and the due date shall be stated in the pro-forma invoice.

If the Buyer fails to pay the entire Purchase Price for the Goods by the due date specified in the pro-forma invoice, the Seller reserves the right to withdraw from the Contract of Sale.

After payment of the entire Purchase Price for the Goods, the Seller undertakes to dispatch the Goods to the Buyer within five (5) business days.

  1. Payment based on the invoice after the Goods delivery

Based on agreement between the Seller and the Buyer, the Buyer shall pay the entire Purchase Price for the Goods based on the invoice issued by the Seller and delivered to the Buyer. The Buyer shall be obliged to specify the address for the sending of the invoice to the Buyer upon the entering into the Contract of Sale. The payment terms and the due date shall be specified in the invoice.

  1. Payment in instalments

Based on an agreement in writing entered into between the Seller and the Buyer, it will be possible to pay the Purchase Price for the Goods in instalments. A part of the agreement shall be the instalment schedule with the due dates of the respective instalments. Should the Buyer be delay with only one instalment to pay the Purchase Price for the Goods, the entire payment becomes due without prior notification of the Seller in writing, i.e. the Purchase Price for the Goods becomes payable in the entire scope immediately.

  1. The place of payment of the Seller is the Seller´s Point of Sale and the Seller´s bank account.

 

V. Ownership Right and Passage of Risk of Damage to the Goods

  1. The Buyer shall acquire the ownership right to the Goods upon the payment of the entire Purchase Price for the Goods to the Seller.
  2. Risk of damage to the thing shall pass onto the Buyer upon the acceptance of the Goods in the Seller´s registered office or a Point of Sale or from the forwarding agency at the place of delivery or upon the moment of refusal to accept the Goods even though properly delivered Goods have been offered to the Buyer for its acceptance.
  3. If the acceptance of the Goods by the Buyer was agreed between the Seller and the Buyer in the Seller´s registered office or a Point of Sale and if the Buyer arranges its own carrier for the purposes of the collection of the Goods in the Seller´s registered office or a Point of Sale, the risk of damage to the thing shall pass onto the Buyer upon handing over of the Goods to such carrier arranged by the Buyer.

 

VI. Liability for Defects towards a Buying Consumer

  1. The Seller shall be liable to the Buying consumer for the fact that the Goods correspond to the Contract of Sale, that they are free of any defects and therefore have the properties and quality required by the Contract of Sale and guaranteed by the Seller or expected based on advertisement and possibly that the Goods are in quality and having properties expected in the thing of such kind and comply with the requirements of legal regulations.
  2. If the Buying Consumer finds out that the Goods delivered do not comply with the Contract of Sale, the Buying Consumer shall have the right to demand that the Seller makes the Goods comply with the Contract of Sale.
  3. If there is a defect to the Goods within 24 months of the acceptance of the Goods based on the Contract of Sale by the Buying Consumer, the Buying Consumer may exercise rights based on defective performance. If the defect is possible to remove, the Buying Consumer may demand repair of the Goods or a reasonable discount on the Purchase Price for the Goods. If the defect cannot be repaired, the Buying Consumer may demand replacement of the Goods or withdraw from the Contract of Sale by procedure pursuant to Article VI hereof.
  4. The Buying Consumer may exercise liability for defects in the Seller´s registered office or a Point of Sale. The Seller undertakes to resolve the complaint of the Buying Consumer in the reasonable time limit, however, within thirty (30) days at the latest, and inform the Buying Consumer of the resolved complaint. If the complaint is not resolved in the reasonable time limit, within thirty (30) days at the latest, the Buying Consumer shall have the same rights as in the case of a defect impossible to repair.
  5. After the Buying Consumer receives information from the Seller that the complaint has been resolved, the Buying Consumer shall be obliged to accept the Goods or to ask for their delivery in the sense of Article III hereof within thirty (30) days of the day when the Seller informed the Buying Consumer of the resolved complaint.
  6. If the Buying Consumer fails to collect the Goods under complaint or if the Buying Consumer fails to request their delivery in the time limit stipulated in Para. 5 of this Article, the Seller shall notify the Buying Consumer repeatedly of the resolved complaint via e-mail and, at the same time, from the day of sending the repeated notification of the resolved complaint to the Buyer, the Seller shall be entitled to demand from the Buying Consumer reimbursement of costs of the storage of the Goods under complaint. If the Goods are not collected by the Buying Consumer in another ten (10) days from the day of sending this repeated invitation to collect the Goods under complaint by the Seller, the Seller reserves the right to sell the Goods under complaint again.

 

VII. Liability for Defects towards a Buying Entrepreneur

  1. The provisions of Article VII hereof shall apply mutatis mutandis to liability for defects of the Seller toward the Buying Entrepreneur.
  2. If the Seller and the Buying Entrepreneur mutually agree other scope of liability of the Seller for defects, this provision shall take priority to Articles VI and VII hereof.

 

VIII. Possibilities of Withdrawal of a Buying Consumer from the Distance Contract of Sale

  1. The Buying Consumer shall have the right to withdraw from the Contract of Sale within fourteen (14) days of the acceptance of the Goods based on the Contract of Sale. The time limit for the withdrawal from the Contract of Sale shall be preserved even if the Buying Consumer sends the manifestation of the withdrawal from the Contract of Sale to the Seller on the last day of this time limit. The manifestation of the withdrawal from the Contract of Sale may be made in writing by the Buying Consumer or via e-mail of the Seller, info@bulb.cz.
  2. If the Buying Consumer withdraws from the Contract of Sale, the Buying Consumer shall be obliged to send the Goods back to the Seller or to hand the Goods to the Seller in the Seller´s registered office or a Point of Sale within fourteen (14) days of the withdrawal from the Contract of Sale. The costs related to the return of the Goods based on the Contract of Sale to the Seller in the case of withdrawal from the Contract of Sale by the Buying Consumer shall be borne by the Buying Consumer.
  3. If the Buying Consumer withdraws from the Contract of Sale, the Seller undertakes to return the Purchase Price for the Goods based on the Contract of Sale and the cost of the cheapest manner of transport of the Goods based on the Contract of Sale to the Buying Consumer by cashless transfer to the bank account of the Buying Consumer within fourteen (14) days of withdrawal from the Contract of Sale. The Buying Consumer shall be obliged to notify the Seller of bank account number and other necessary payment details immediately after withdrawal from the Contract of Sale.
  4. If the Goods based on the Contract of Sale are returned by the Buying Consumer incomplete, damaged, worn or damaged in other manner, the Seller shall be entitled to reimbursement of damage and to unilateral set-off of the amount of such reimbursement.
  5. The Buying Consumer acknowledges that it cannot withdraw from the Contract of Sale for the custom-made Goods according to the Buying Consumer´s requirements or for the person of the Buying Consumer.

 

IX. Personal Data Protection

  1. Protection of the Buyer´s personal data who is a private individual shall be provided for by Act No. 101/2000 Coll. on the Personal Data Protection, as amended. Should the Buyer think that the Seller processes the personal data in discrepancy with this act, the Buyer may turn to the Office for Personal Data Protection with a motion.
  2. The Buyer who is a private individual agrees to the processing of the following personal data: name and surname, residence, e-mail address, telephone number (hereinafter only the “Personal Data”).
  3. The Buyer agrees to the Personal Data processing for the purposes of performance of rights and obligations based on the Contract of Sale and for the purposes of sending commercial communication, namely communication relating to the Seller´s services to the electronic address of the Buyer.
  4. The Personal Data are processed by the Seller for an indefinite period of time. The Seller being the Controller of the Personal Data may delegate a third party, Processor, to process them.
  5. The Buyer undertakes to state its correct and true Personal Data and inform the Seller immediately of the change thereof.
  6. The Buyer hereby declares that the Buyer provides its Personal Data to the Seller voluntarily.
  7. The Buyer shall be authorized to withdraw its consent to the processing of its Personal Data from the Seller in a notification in writing delivered to the address of the Seller´s registered office or a Point of Sale.
  8. If the Buyer asks the Seller for information concerning the processing of its Personal Data, the Seller shall be obliged to hand over such information to the Buyer. The Seller shall be entitled to demand reasonable compensation for the provision of such information not exceeding the costs necessary to provide the information.

 

X. Final Provisions

  1. The relationships that have arisen between the Seller and the Buyer based on or in connection with the Contract of Sale and these Terms and Conditions shall be governed by the system of law of the Czech Republic.
  2. Rights and obligations not explicitly governed by these Terms and Conditions shall be governed by the applicable provisions of Act No. 89/2012 Coll., Civil Code, and relevant related legal regulations.
  3. The invalidity or ineffectiveness of any provision is without prejudice to the validity and effect of the other provisions provided that this invalid or ineffective provision can be separated from the other provisions without affecting the other provisions.
  4. The Seller in relation to the Buyer shall not be obliged by any Codes of Conduct in the sense of the provision of Section 1826 (1), Letter e) of the Civil Code.
  5. The Seller is authorized to perform its activity based on a trade licence. The trade inspection is performed by the Trade Licensing Office within its capacity. In the case of complaints, the Buying consumer shall be entitled to turn to the Czech Trade Inspection Authority.
  6. These Terms and Conditions become effective on 01/01/2019.

 

Bulb spol. s r.o.

 

Illuminated in XProduction s.r.o.