The Company Jaroslav Rychtecký
with its registered office at Větrná 108, Svinaře-Halouny, 26727, Czech Republic
identification number: 71774033
1. INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as "terms and conditions")
of the company Jaroslav Rychtecký
with its registered office at Větrná 108, Svinaře-Halouny, 26727, Czech Republic
Identification number: 71774033
Phone number: +420773902693
Email: shop@solar-inverter-cooling.eu
(hereinafter referred to as "the seller")
They regulate, in accordance with the provision of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another person (hereinafter referred to as the "buyer") through the seller's online store, which is operated by the seller on the website located at the internet address www.solar-inverter-cooling.eu (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "webshop interface").
Provisions differing from these terms and conditions may be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
The provisions of these terms and conditions are an integral part of the purchase agreement. By sending or placing an order for goods with the seller, these terms and conditions become binding for the buyer.
The buyer is the person who enters into a purchase agreement with the seller either personally or via the website (hereinafter also referred to as "the buyer" or "consumer"). These terms and conditions do not apply in cases where the buyer is not a consumer.
2. INFORMATION FOR THE CONSUMER BEFORE CONCLUDING THE PURCHASE AGREEMENT
The details of the main characteristics of the goods for sale are always provided directly in the description of the specific goods on the website.
The details of the seller's identity, the address of the registered office, phone number, and email address are provided in Article 1.1 of these terms and conditions.
The price of the sold goods, including the price for packaging and delivery, is always stated in the description of the goods on the website or is provided during the ordering process. In the order summary in the order form on the website, the total price for all ordered goods, including the price for packaging and delivery, is indicated. All prices are stated including value-added tax (VAT) for the consumer.
The purchase price for the goods can be paid using the methods specified when ordering the goods on the website, particularly by traditional bank transfer through the banks listed in the order form.
The delivery period for the goods is indicated on the website when ordering the goods. A condition for the delivery of the goods is the conclusion of the purchase agreement. Until the full purchase price under the purchase agreement is paid to the seller, the seller is not obliged to hand over or deliver the goods to the buyer.
The consumer is entitled to withdraw from the contract concluded at a distance or outside the seller's premises without giving a reason within 14 days from the conclusion of the purchase agreement or the receipt of the goods. Details regarding this, including exceptions to the right of withdrawal, are provided in Article 6 of these Terms and Conditions.
The consumer has the right to file a complaint for defective goods and thereby exercise their rights from defective performance. Details about rights from defective performance are provided in Article 8 of these Terms and Conditions.
If the consumer has a complaint regarding the concluded purchase contract, its performance, or the seller's activities, the consumer may contact the seller at the email address shop@solar-inverter-cooling.eu. Supervision over the compliance with consumer protection regulations is primarily carried out by the Czech Trade Inspection Authority. The Office for Personal Data Protection supervises the compliance with regulations on the protection of personal data. The consumer may also contact these authorities with their complaints.
If a consumer dispute arises between the seller and the consumer, the consumer has the right to seek out-of-court resolution. The body responsible for out-of-court resolution under Act No. 634/1992 Coll., on Consumer Protection, is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, Czech Republic. All details regarding out-of-court dispute resolution can be found on the Czech Trade Inspection Authority's website: www.coi.cz, www.adr.coi.cz, email: adr@coi.cz. The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
3. USER ACCOUNT
Based on the buyer's registration made on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). The buyer can also place orders for goods without registration directly from the online store's interface.
When registering on the website and placing an order for goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is required to update the information in their user account whenever it changes. The information provided by the buyer in the user account and when placing an order for goods is considered by the seller to be accurate.
Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
The buyer is not authorized to allow third parties to use their user account.
The seller may cancel the user account, especially in the case where the buyer has not used their user account for more than 36 months, or if the buyer breaches their obligations under the purchase agreement (including the terms and conditions).
The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
The seller is not responsible for any misuse of the username and password.
4. CLOSURE OF THE PURCHASE AGREEMENT
The buyer has the opportunity to obtain information about the goods, including prices of individual items and other purchase parameters, primarily through personal or remote communication with the seller's authorized representative or from the presentation of the goods on the website.
The presentation of goods on the website is not an offer. All presentations of goods placed on the website in the web interface of the store are for informational purposes, and the seller is not obligated to enter into a purchase contract regarding these goods.
A purchase contract is always concluded subject to the seller's stock being available or the seller's ability to fulfill the contract.
To order goods through the website, the buyer must fill out the order form in the web interface of the store. The order form includes, in particular, information about:
the ordered goods (the buyer "adds" the ordered goods to the electronic shopping cart in the web interface of the store),
the method of payment for the purchase price of the goods, details of the requested delivery method for the ordered goods,
information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
In the case of a price being stated where it is clearly a typographical or numerical error, this price is not binding, and the seller reserves the right not to conclude the purchase agreement or to withdraw from such an agreement even after the buyer has received the order confirmation.
Before submitting the order to the seller, the buyer is allowed to check and modify the information they have entered into the order, including the possibility to identify and correct any errors made while entering the data. The buyer submits the order to the seller by clicking the button "Complete order binding for payment." The information provided in the order is considered correct by the seller. Upon receiving the order, the seller will immediately confirm its receipt via email to the buyer's email address provided in the user account or in the order (hereinafter referred to as the "buyer's email address").
The seller is always entitled to request additional confirmation of the order from the buyer, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), such as in writing or by phone.
The purchase agreement between the seller and the buyer is concluded, in the case of ordering goods through the website, only upon the delivery of the order acceptance (confirmation), which is sent by the seller to the buyer via email to the buyer's email address.
5. PRICE OF GOODS AND PAYMENT TERMS
Along with the purchase price, the buyer is obligated to pay the seller for the costs associated with the packaging and delivery of the goods, as agreed upon. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the packaging and delivery of the goods.
The purchase price paid by bank transfer is due within 3 days from the conclusion of the purchase agreement. This does not affect the possibility of agreeing on a different payment due date.
In the case of a cashless payment, the buyer's obligation to pay the purchase price is considered fulfilled at the moment the corresponding amount is credited to the seller's account.
In the case of cash payment, cash on delivery, or at a pick-up point, the purchase price is due upon receipt of the goods.
The seller is entitled to request payment of the entire purchase price before shipping the goods to the buyer, and the buyer is obligated to pay the purchase price to the seller on this basis. The provisions of § 2119 paragraph 1 of the Civil Code do not apply.
The condition for the delivery of goods is the conclusion of the purchase agreement. Until the full purchase price is paid, the seller is not obligated to ship or deliver the ordered goods to the buyer. If the buyer fails to pay the full purchase price to the seller within 10 days of receiving a payment request, the seller is entitled to withdraw from the purchase agreement. The buyer is required to reimburse the seller for the full cost of cross-border shipping according to the price list of the relevant delivery company or the amount agreed upon in the purchase agreement.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
6. WITHDRAWAL FROM THE PURCHASE AGREEMENT BY THE CONSUMER
The consumer is entitled (with exceptions mentioned below) to withdraw from a purchase agreement concluded remotely or outside the business premises of the seller, without providing a reason, within 14 days from the day on which the consumer or a third party designated by the consumer, other than the carrier, takes possession of the goods, or...
the last item of goods, if the consumer orders more than one item of goods in a single order, and these goods are delivered separately,
the last item or part of a delivery of goods consisting of several items or parts, or
the first delivery of goods if the contract provides for regular delivery of goods over a specified period.
The consumer may use the sample withdrawal form, which is published on the website, or withdraw in any other form, as long as it is clear from which purchase contract the consumer is withdrawing and which goods the withdrawal applies to.
The consumer is required to send their withdrawal from the purchase contract within 14 days according to Section 6.1 of these terms and conditions, either by email to shop@solar-inverter-cooling.eu, by post to Větrná 108, Svinaře-Halouny, 26727, Czech Republic or in another clear manner. If the consumer uses the withdrawal form, the seller will confirm its receipt without undue delay.
To expedite the handling of the withdrawal, the consumer should attach a copy of the payment receipt, invoice, or another document or proof to demonstrate that the goods were purchased from the seller. However, failure to provide these documents does not prevent the processing of the withdrawal from the purchase contract. The consumer should also provide information on their preferred method for the refund, should they wish to receive the refund in a different way than the original payment method.
The consumer bears the costs associated with the return of goods in the case of withdrawal from the purchase contract. If the contract was concluded remotely, the cost for the consumer associated with returning goods that cannot be returned by standard postal means is a maximum of 200 CZK, including VAT.
If the consumer chose a delivery method other than the cheapest one offered by the seller, the seller will reimburse the consumer for the delivery costs in an amount corresponding to the cheapest delivery method offered.
No later than 14 days from the withdrawal from the purchase contract, the seller will return the money received from the consumer as payment for the goods. The seller will return the money in the same way it was received, unless the consumer agrees to another method of payment, provided it does not incur additional costs for the consumer. The seller is not obliged to return the funds to the consumer before the consumer returns the goods to the seller or proves that the goods have been sent back to the seller, whichever occurs first.
The consumer is obliged to return the goods to the seller without undue delay, and no later than 14 days after withdrawing from the purchase contract, to the address Větrná 108, Svinaře-Halouny, 26727, Czech Republic or return the goods to the seller personally within the stated period. The deadline is considered met if the consumer sends the goods before it expires.
The consumer is only responsible for the reduction in the value of the goods resulting from handling the goods in a manner other than what is necessary to familiarize themselves with the nature, characteristics, and functionality of the goods when withdrawing from the contract without providing a reason.
The consumer is not entitled to withdraw from the purchase agreement without giving a reason in cases according to § 1837 of the Civil Code, particularly in the following cases:
The supply of goods that were manufactured or modified according to the consumer's wishes or personalized to their specific needs,
the supply of goods that are subject to rapid deterioration, goods with a short shelf life, as well as goods that have been irrevocably mixed with other goods after delivery,
the supply of goods in a sealed package, which the consumer has removed from the packaging and, for hygienic reasons, cannot be returned,
the supply of goods consisting of sound or video recordings or computer programs, if the customer has broken their original packaging, or...
o the urgent repair or maintenance to be carried out at a location specified by the consumer at their explicit request; however, this does not apply to the performance of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance.
If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded with a suspensive condition that if the purchase contract is canceled, the gift agreement concerning such a gift becomes ineffective, and the consumer is obliged to return the gift along with the goods to the seller.
7. TRANSPORT AND DELIVERY OF GOODS
The seller is obligated to deliver the goods to the buyer within the timeframe and in the manner specified in the purchase agreement.
The buyer agrees to accept the goods from the seller or the carrier. The buyer is also obligated to check the goods at the time of receipt to ensure they are not visibly damaged. If damage is evident, the buyer must draft a damage report in two copies and submit it to the representative of the seller or the carrier, who will confirm it with their signature, including their name and position, and return one copy to the buyer.
The risk of damage to the goods passes to the consumer upon receipt of the goods. This does not apply in situations where the consumer has requested a specific method of delivery that is not provided by the seller, in which case the risk of damage to the goods passes to the consumer when the goods are handed over to the carrier.
If the goods are collected directly by the buyer at the seller's physical store, the risk of damage to the goods passes to the buyer upon receipt of the goods.
In the event that the goods need to be delivered repeatedly or in a manner different from what was stated in the order due to reasons on the buyer's side, the buyer is obligated to cover the costs associated with the repeated delivery of the goods, or the costs related to the alternative delivery method.
The buyer acquires ownership of the goods only upon full payment of the purchase price.
8. RIGHTS FROM DEFECTIVE PERFORMANCE
The seller is responsible to the consumer that the goods are free from defects at the time of delivery. Specifically, the seller is responsible to the consumer that, at the time the consumer took possession of the goods:
the goods correspond to the agreed description, type, and quantity, as well as to the agreed quality, functionality, compatibility, interoperability, and other specified characteristics,
it is suitable for the purpose for which the consumer requires it and which the seller has agreed to,
it is delivered with the agreed accessories and instructions for use, including the assembly or installation instructions.
The seller is responsible to the consumer that, in addition to the agreed properties,
the goods are suitable for the purpose for which goods of this type are usually used, taking into account the rights of third parties, legal regulations, technical standards, or industry codes of conduct, unless there are no technical standards,
the goods, in terms of quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, meet the usual characteristics of goods of the same type that the consumer can reasonably expect,
the goods are delivered with accessories, including packaging, assembly instructions, and other usage instructions that the consumer can reasonably expect, and
the goods correspond in quality or performance to the sample or model provided by the seller to the consumer before the conclusion of the contract.
Article 8.2 of these Terms and Conditions shall not apply if the seller specifically informed the consumer before the conclusion of the purchase contract that a certain property of the goods differs, and the consumer expressly agreed to this when concluding the purchase contract.
The buyer is entitled to exercise the right for a defect that occurs in the goods within twenty-four months from the receipt. For used goods, this period is one year from the receipt of the goods by the buyer.
The buyer is entitled to request, depending on the nature and seriousness of the defect, the removal of the defect, the replacement of the goods, an appropriate discount from the purchase price, or to withdraw from the contract.
The buyer reports and notifies the defect of the goods to the seller via email to the address shop@solar-inverter-cooling.eu or by postal mail sent to the address Větrná 108, Svinaře-Halouny, 26727, Czech Republic or by any other obvious method. The buyer is allowed to use the complaint form, which is published on the website, when notifying the defect.
The seller is required to issue a written confirmation to the consumer when a complaint is made, stating the date the consumer submitted the complaint, the content of the complaint, the method of handling the complaint requested by the consumer, and the consumer's contact details for the purpose of providing information about the resolution of the complaint.
The complaint, including the remedy of the defect, must be resolved and the consumer must be informed about it no later than 30 days from the date the complaint was submitted, unless the seller and the consumer agree on a longer period. After this period has expired without resolution, the consumer may withdraw from the purchase agreement or request an appropriate discount. The complaint must not cause significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer purchased it.
The seller is obligated to provide the consumer with confirmation of the date and method of handling the complaint, including confirmation of the repair performed and the duration of the repair, or a written explanation for the rejection of the complaint.
The buyer may request a reasonable discount or withdraw from the purchase agreement if:
the buyer may request a reasonable discount or withdraw from the purchase agreement if the seller has refused to remove the defect or has failed to remove it in accordance with Article 8.8 of these terms and conditions,
the buyer may request a reasonable discount or withdraw from the purchase agreement if the defect reoccurs,
the buyer may request a reasonable discount or withdraw from the purchase agreement if the defect constitutes a material breach of the purchase agreement,
the buyer may request a reasonable discount or withdraw from the purchase agreement if it is apparent from the seller's statement or the circumstances that the defect will not be removed within a reasonable time or without significant difficulty for the buyer.
If the defect of the goods is insignificant, the buyer cannot withdraw from the purchase agreement according to Article 8.10 of these terms and conditions.
The buyer is responsible to the seller for the reduction in value of the goods that occurred due to handling the goods in a way that is not necessary given their nature and characteristics. If the returned goods are damaged due to the buyer's failure to comply with their obligations, the seller is entitled to claim compensation for the reduction in value of the goods and deduct it from the refunded amount.
9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The seller is also entitled to withdraw from the purchase agreement in addition to the cases specified in these terms and conditions, in the event of the buyer's failure to cooperate and for other reasons stated in the legal regulations.
The buyer is obliged, in the event of termination of the purchase agreement for any reason, or if the purchase agreement is not concluded due to any reason on the buyer's part, to compensate the seller for all costs incurred in connection with the purchase agreement or negotiations regarding its conclusion, especially costs related to the customization or manufacturing of goods according to the buyer's instructions and requirements, preparation of goods for dispatch, costs of disassembling and transporting goods, costs of returning goods to the seller, etc.
In the event of a system failure or force majeure (e.g., power outage, etc.), the seller is not responsible for failing to adhere to the operating hours of the e-shop.
By this, the buyer assumes the risk of a change in circumstances in the sense of Section 1765, paragraph 2 of the Civil Code.
By concluding the purchase contract, the buyer agrees, in accordance with Section 7, paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on Certain Information Society Services), as amended, to receive commercial communications from the seller to the buyer's email address or phone number.
10. FINAL PROVISIONS
If the relationship established by the purchase agreement contains an international (foreign) element, this relationship shall be governed by Czech law.
Any relations and potential disputes arising from the purchase agreement will be governed exclusively by the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this convention.
The purchase agreement is concluded in the English language. If the buyer requires a translation of the contract, it is understood that in case of any dispute regarding the interpretation of terms, the interpretation of the contract in the Czech language shall prevail.
The concluded purchase agreement is archived by the seller in an internal system for at least three years from the date of its conclusion, but no longer than the period specified by relevant legal regulations, for the purpose of its successful fulfillment, and is not accessible to third, unaffiliated parties. The seller will provide the buyer with access to the purchase agreement in justified cases.
If any provision of these terms and conditions is invalid or ineffective, or becomes so, it will be replaced by a provision whose meaning closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
These terms and conditions are valid and effective from November 28, 2024.
