General terms

General Business Terms & Conditions

of the company H.J. T&S s.r.o.

with registered office:     Nademlejnská 600/1, Hloubětín, 198 00 Praha 9

company reg.no.: 08479577

VAT reg.no: CZ08479577

registered in the Commercial Register with the Municipal Court in Prague, Section C, Insert 319581  

for the sale of goods through an on-line shop located at the Internet address www.hjlights.eu.

1. INTRODUCTORY PROVISIONS

1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of H.J. T&S s.r.o., with registered office at Nademlejnská 600/1, 198 00 Praha 9- Hloubětín , ID No. 08479577, VAT No. CZ08479577, registered in the Commercial Register with the Municipal Court in Prague, Section C, File 319581 (hereinafter referred to as "Seller"), regulate the following in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person within the scope of their business (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at www.hjlight.eu (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

1.2 These Terms and Conditions apply where the person intending to purchase goods from the Seller is a legal person or a person acting in the course of ordering goods in the course of his business or in the course of his independent practice of his profession.

1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions. In matters not regulated herein, the relations of the parties shall be governed by legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended

1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in Czech and English.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1 Based on the registration of the Buyer made on the Website, the Buyer can access his user interface. The Buyer may order goods from his/her user interface ("user account").

2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes.  The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4 The Buyer is not entitled to allow third parties to use the user account.

2.5 The Buyer acknowledges that his user account will be activated by the Seller after checking the data entered by the Buyer during registration.

2.6 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 12 months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.7 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.

3. ORDERING AND CONCLUSION OF THE CONTRACT

3.1 A list of the goods is provided on the web interface, including a description of the main characteristics of each item. The presentation of the goods on the web interface is informative and does not constitute a proposal by the Seller to conclude a contract in accordance with § 1732 (2) of the Civil Code.

3.2 The Buyer shall place the order via the web interface or in another way agreed by both parties.

3.3 By placing the order, the Buyer confirms that he has read these terms and conditions and that he agrees with their content.

3.4 The Seller is not obliged to confirm the received order. An unconfirmed order is not binding for the Seller. The Seller shall be entitled to verify the order in case of doubt as to the authenticity and seriousness of the order. The Seller may reject an unverified order.

3.5 The Contract is concluded at the moment when the Buyer has received the Seller's acceptance of the binding order.

3.6 Title to the Goods shall vest in the Buyer upon payment of the full purchase price, but not before the Buyer has taken possession of the Goods.

4. TERMS OF DELIVERY

4.1 The Seller is obliged to deliver the goods to the Buyer in the agreed manner, properly packed and equipped with the agreed documents.

4.2 Upon agreement of the parties, the Seller may arrange for the Buyer to transport the Goods. The buyer is obliged to pay the cost of transport. The delivery of the goods to the Buyer shall be deemed to be the handing over of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods passes to the buyer.

4.3 Before taking delivery of the goods, the Buyer shall check the integrity of the packaging of the goods and notify the carrier immediately of any defects. A report of defects will be drawn up. If a defect report is not drawn up, the buyer loses any claims arising from the defective packaging of the goods.

4.4 Immediately upon receipt of the goods, the Buyer is obliged to inspect the goods, in particular to check the number of items and their completeness. In the event of a discrepancy, the Buyer is obliged to notify the Seller without undue delay, but no later than within 2 working days of receipt of the goods. The Buyer is obliged to document the defects found in a suitable manner and send this documentation to the Seller together with the defect notification.

4.5 The Buyer's failure to accept the goods shall not affect the Seller's right to demand payment of the purchase price in full.

5. PAYMENT TERMS

5.1 The Buyer may pay the purchase price for the Goods by any of the methods set out below:

                - in cash at the Seller's registered office upon receipt of the goods

                - in cash before delivery of the goods by transfer to the Seller's bank account on the basis of an advance invoice

                - in cash on delivery on receipt of the goods from the carrier.

5.2 If payment is made in cash, the price is payable on receipt of the goods. In the case of non-cash payment, the price is payable within five days of receipt of the order, unless otherwise agreed by the parties. In the case of non-cash payment, the Buyer's obligation to pay the price of the goods is fulfilled when the relevant amount is credited to the Seller's account.

6. WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In such case, the Seller shall refund the Purchase Price to the Buyer, if already paid by the Buyer, in cashless form to the account which the Seller shall communicate to the Buyer for this purpose.

6.2 The Buyer shall be entitled to withdraw from the Purchase Contract if the Seller is in delay of delivery of the goods for more than 2 weeks from the agreed delivery date.

6.3 The Buyer is not entitled to withdraw from the contract in respect of goods that have been delivered properly, on time and without defects.

6.4 Withdrawal from the contract must be made electronically to the email address of the buyer listed in his user account.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1 The Seller shall be liable for the goods being free from defects upon receipt. This means that the goods upon receipt in particular:

                - is in the agreed quantity

                - corresponds to the quality and workmanship agreed between the buyer and the seller, if applicable according to the agreed sample or model, if applicable according to the purpose evident from the contract, otherwise customary for the purpose,

                - a defect shall also be deemed to exist if the seller delivers to the buyer goods other than those agreed between them,

                - are free from legal defects, i.e. the goods are not subject to third party property rights and the goods are accompanied by the documents necessary for the proper use of the goods.

                The Seller provides a 6 months warranty against defects of the goods.

7.2 In particular, differences in colour shades in reality and on electronic display devices cannot be regarded as a defect in the goods.

7.3 The Buyer's rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117.

7.4 If the defect in the goods is a material breach of contract, the following rights of defective performance shall be due to the buyer:

                - Removal of the defect by delivery of a new item without defect or delivery of the missing item;

                - remedying the defect by repairing the item;

                - an appropriate discount on the purchase price; or

                - withdrawal from the contract.

7.5 If the defect in the goods is an insubstantial breach of contract, the buyer may demand:

                - remedying the defect; or

                - an appropriate discount on the purchase price.

7.6 The buyer is obliged to inform the seller of the chosen method of resolving the complaint when notifying the seller of the defect, otherwise the seller will decide on it. The choice made may be changed only after agreement with the Seller. If the Buyer considers the defect to be a material breach of contract, he is obliged to provide the Seller with proof of this. The Buyer acknowledges that as long as he does not exercise his right to a discount on the purchase price or does not withdraw from the contract, the Seller is entitled to deliver the missing goods or to remedy the legal defect (in particular to deliver the missing documents).

7.7 The rights from defective performance do not belong to the buyer if he knew about the defect before taking over the goods or caused the defect himself.

7.8 Liability claims for defects do not apply to:

- wear and tear of the goods caused by normal use of the goods;

- goods sold at a lower price - only in relation to the defect for which the lower price was agreed; or

- if the nature of the goods so requires.

7.9 The Buyer is obliged to file a claim with the Seller without undue delay from the discovery of the defect. The delivery address of the Seller is designated for the receipt of the claimed goods.

7.10. The Buyer is obliged to inform the Seller about the complaint by e-mail, furthermore to inform what right he has chosen from the defective performance, to describe the defect and to deliver the goods to the Buyer. When sending the goods, he is obliged to pack them in the original packaging and ensure that they are not damaged. The buyer is also obliged to enclose the proof of purchase (invoice) with the goods claimed.

7.11. The moment of the claim is the moment when the Seller received the claimed goods.

8. FINAL PROVISIONS

8.1 If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. 

8.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

8.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

8.4 Contact details of the Seller: delivery address Nademlejnská 600/1, 198 00 Praha 9 Hloubětín, e-mail address postmaster@hjlight.eu, telephone +420 774 095 746.

 

Prague, 11.1.2022