Terms and conditions

GENERAL TERMS AND CONDITIONS for E-shops

These general terms and conditions (“Terms”) of JEZNY s.r.o., located at Pod Strání 753, Zlín, Company ID 19575084, registered in the commercial register under file no. C 135194/KSBR Regional Court in Brno, maintained at the Regional Court in Brno, email lukas.jezny@gmail.com, business address
Pod Strání 753, Zlín (“We” or “Seller”) regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or based on a purchase agreement (“Agreement”) concluded through the E-shop on the website www.solar-station.cz. 

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here www.solar-station.cz/podminky-ochrany-osobnich-udaju.

The provisions of these Terms are an integral part of the Agreement. The Agreement and Terms are drafted in the Czech language. We may unilaterally change or supplement the Terms. This provision does not affect the rights and obligations arising during the validity period of the previous version of the Terms.

As you surely know, we communicate primarily remotely. Therefore, our Agreement also applies the means of remote communication that allow us to agree without our and your simultaneous physical presence, and the Agreement is thus concluded remotely within the E-shop environment, through the website interface (“E-shop Web Interface”).

If any part of the Terms contradicts what we have mutually approved during your purchase process on Our E-shop, this specific agreement will take precedence over the Terms.

1. SOME DEFINITIONS
1. Price is the monetary amount you will pay for the Goods;
2. Shipping Price is the monetary amount you will pay for the delivery of the Goods, including the cost of packaging;
3. Total Price is the sum of the Price and the Shipping Price;
4. VAT is the value-added tax according to applicable legal regulations; 
5. Invoice is a tax document issued in accordance with the VAT Act for the Total Price;
6. Order is your binding proposal to conclude a Purchase Agreement for Goods with Us;
7. User Account is an account created based on the information you provide, allowing the storage of entered data and the storage of the history of ordered Goods and concluded Agreements;
8. You are the person purchasing on Our E-shop, legally referred to as the buyer;
9. Goods is everything you can purchase on the E-shop. 
2. General Provisions and Instructions 
1. Purchasing Goods is only possible through the E-shop web interface.
2. When purchasing Goods, it is your duty to provide Us with all information correctly and truthfully. The information you have provided in the Order will thus be considered correct and truthful. 
3. On our E-shop, we also provide access to product ratings conducted by other consumers. We ensure and control the authenticity of such reviews by linking ratings with specific orders, thus in the internal system we can see the linked order ID with each rating and are therefore able to verify and prove that the review comes from a real consumer.
3. CONCLUSION OF THE AGREEMENT
1. The Agreement with Us can only be concluded in the Czech language.
2. The Agreement is concluded remotely through the E-shop, with the costs of using remote communication means being borne by You. However, these costs do not differ from the basic rate you pay for using these means (mainly for internet access), and you should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use remote communication means. 
3. To conclude the Agreement, you must create an Order on the E-shop. This proposal must include the following information:
1. Information about the Goods being purchased (on the E-shop, you indicate the Goods you are interested in purchasing by clicking the “Add to Cart” button);
2. Information about the Price, Shipping Price, method of payment of the Total Price, and the desired method of delivery of the Goods; this information will be entered during the creation of the Order within the user interface of the E-shop, with the information about the Price, Shipping Price, and Total Price being automatically provided based on the Goods you choose, the method of delivery, and payment;
3. Your identification and contact details used to deliver the Goods, specifically your first name, last name, delivery address, phone number, and email address.
4. During the creation of the Order, you can change and verify the data until it is completed. After verifying by clicking the “Order with Payment Obligation” button, you will complete the Order. However, before clicking the button, you must confirm that you have read and agree with these Terms; otherwise, the Order cannot be completed. The checkbox serves to confirm and agree. After clicking the “Order with Payment Obligation” button, all filled information will be sent directly to Us. 
5. We will confirm your Order as soon as possible after it is delivered to Us with a message sent to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email message. The Terms in effect on the date of the Order, i.e., the version attached as an attachment to the confirmation email, form an integral part of the Agreement. By confirming the Order, the Agreement between Us and You is concluded.
6. There may be cases where we cannot confirm your Order. This includes situations where the Goods are unavailable or cases where you order a larger quantity of Goods than we can supply. However, we will always inform you of the maximum quantity of Goods within the E-shop in advance, so it should not be surprising for you. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. In such a case, the Agreement is concluded when you confirm our offer. 
7. If a clearly incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price even if you have received Order confirmation and thus the Agreement has been concluded. In such a situation, we will immediately contact you and send you an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded when you confirm our offer. A clearly incorrect Price includes situations where the Price does not correspond to the usual price offered by other sellers or where a digit is missing or duplicated.
8. If the Agreement is concluded, you are obliged to pay the Total Price.
9. If you have set up a User Account, you can place an Order through it. However, even in such a case, you are obliged to check the correctness, truthfulness, and completeness of the pre-filled data. The method of creating an Order is identical to that of a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification details.
10. In some cases, we allow you to use a discount for purchasing Goods. To receive the discount, you must fill in the discount information in the designated field within the Order proposal. If you do so, the Goods will be provided to you with the discount.
4. User Account
1. Based on your registration within the E-shop, you can access your User Account. 
2. When registering a User Account, it is your duty to enter all provided information correctly and truthfully and to update it in case of changes. 
3. Access to the User Account is secured with a username and password. It is your duty to keep these access credentials confidential and not to provide them to anyone. In case of misuse, we bear no responsibility. 
4. The User Account is personal, and you are not authorized to allow its use by third parties.
5. We may cancel your User Account, especially if you do not use it for more than 2 years, or if you violate your obligations under the Agreement.
6. The User Account may not be available continuously, especially considering the necessary maintenance of hardware and software equipment.
5. PRICE AND PAYMENT CONDITIONS, RETENTION OF OWNERSHIP RIGHTS
1. The Price is always stated within the E-shop, in the Order proposal, and of course in the Agreement. In case of a conflict between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal will apply, which will always be identical to the price in the Agreement. The Shipping Price and conditions for free shipping are also stated within the Order proposal.
2. The Total Price is stated including VAT and all fees determined by law. 
3. We will require payment of the Total Price from you after concluding the Agreement and before delivering the Goods. You can pay the Total Price in the following ways:
1. Bank Transfer. We will send you the payment information within the Order confirmation. In the case of bank transfer payment, the Total Price is due within 2 working days.
2. Online Card. In this case, payment is made through the Shoptet PAY payment gateway, and the payment is governed by the conditions of this payment gateway, which are available at: www.shoptetpay.com. In the case of online card payment, the Total Price is due within 2 working days.
3. Cash on Delivery. In this case, payment is made upon delivery of the Goods against the handing over of the Goods. In the case of cash on delivery payment, the Total Price is due upon receipt of the Goods.
4. Cash on Personal Collection. Cash payment is possible when collecting the Goods in person at Our business premises. In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.
4. The Invoice will be issued in electronic form after the Total Price is paid and will be sent to your email address. The Invoice will also be physically attached to the Goods and available in the User Account.
5. Ownership of the Goods transfers to you only after you have paid the Total Price and received the Goods. In the case of bank transfer payment, the Total Price is paid by crediting our account; in other cases, it is paid at the time of payment.
6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS
1. The Goods will be delivered to you no later than 14 days in the manner of your choice, and you can choose from the following options:
1. Personal collection at Zásilkovna pickup points
2. Delivery through Zásilkovna transportation companies
2. The delivery time of the Goods always depends on its availability and the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform you about the possibility of collecting the Goods via email. 
3. Upon receiving the Goods from the carrier, it is your duty to check the integrity of the Goods packaging and immediately notify the carrier and Us of any defects. If there is a defect in the packaging that indicates unauthorized tampering and entry into the shipment, you are not obliged to accept the Goods from the carrier. 
4. If you fail to fulfill your duty to accept the Goods, except in cases according to Article 6.4 of the Terms, it does not result in a breach of Our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods does not constitute a withdrawal from the Agreement between Us and You. However, in such a case, we acquire the right to withdraw from the Agreement due to your material breach of the Agreement or to store the Goods, for which you owe us the postage fee. If we decide to withdraw from the Agreement, the withdrawal becomes effective on the day we deliver this withdrawal to you. The withdrawal from the Agreement does not affect the right to claim the Shipping Price, or the right to claim compensation for damage if it has occurred.
5. If the Goods are delivered repeatedly or in a manner different from what was agreed in the Agreement due to reasons on your part, you are obliged to reimburse Us for the costs associated with this repeated delivery. We will send you the payment details for these costs to your email address provided in the Agreement, and they are due 14 days from the receipt of the email.
6. The risk of damage to the Goods transfers to you at the moment you receive them. If you do not receive the Goods, except in cases according to Article 6.4 of the Terms, the risk of damage to the Goods transfers to you at the moment you had the opportunity to accept them but did not do so due to reasons on your part. The transfer of risk of damage means that from that moment, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods.
7. If the Goods are not listed as in stock in the E-shop and an estimated availability time is provided, we will always inform you in the case of:
1. an extraordinary production outage of the Goods, whereby we will always inform you of the new expected availability time or that it is not possible to deliver the Goods;
2. delays in delivering the Goods from our supplier, whereby we will always inform you of the new expected delivery time.
7. RIGHTS REGARDING DEFECTIVE PERFORMANCE
1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms, the Goods are free from defects, particularly that the Goods:
1. correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties;
2. are suitable for the purpose for which you require them and with which we agree;
3. are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
4. are suitable for the purpose for which Goods of this type are usually used;
5. by quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of Goods of the same type that you can reasonably expect, considering public statements made by us or another person in the same contractual chain, especially advertising or labeling; 
6. are delivered with accessories, including packaging, assembly instructions, and other usage instructions that you can reasonably expect; and 
7. correspond in quality or execution to the sample or template provided to you before concluding the Agreement.
2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially provisions of § 2099 to 2117 and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. If the Goods have a defect, i.e., if any of the conditions according to Article 7.1 are not met, you can notify us of such a defect and exercise your rights from defective performance (i.e., claim the Goods) by sending an email or letter to our addresses listed in our identification details. You can also use the sample form provided by Us for claiming, which forms Attachment No. 1 of the Terms. When exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot change this choice without Our consent. We will handle the claim in accordance with the right from defective performance you have exercised. 
4. If the Goods have a defect, you have the following rights:
1. to eliminate the defect by delivering new defect-free Goods or delivering the missing part of the Goods; or
2. to eliminate the defect by repairing the Goods,

unless the chosen method of eliminating the defect is impossible or disproportionately expensive compared to the second method, which is assessed especially in terms of the significance of the defect, the value the Goods would have without the defect, and whether the defect can be eliminated by the second method without significant difficulties for you.

5. We are entitled to refuse to eliminate the defect if it is impossible or disproportionately expensive, especially considering the significance of the defect and the value the Goods would have without the defect.
6. Furthermore, you have the right to:
1. a reasonable discount from the Price; or
2. withdrawal from the Agreement,

if:

1. we refuse to eliminate the defect or do not eliminate it in accordance with legal regulations; 
2. the defect reoccurs, 
3. the defect is a material breach of the Agreement; or 
4. it is evident from Our statement or circumstances that the defect will not be eliminated in a reasonable time or without significant difficulties for You.
1. The right to withdraw from the Agreement does not apply if the defect of the Goods is insignificant.
2. If you have caused the defect in the Goods yourself, you are not entitled to rights from defective performance.
3. A defect in the Goods does not include wear and tear caused by ordinary use of the Goods or wear and tear corresponding to the extent of their previous use if the Goods are used.
4. When filing a claim, we will issue you a written confirmation stating: 
1. the date you filed the claim;
2. the content of the claim;
3. the method of handling the claim you are requesting;
4. your contact details for the purpose of providing information about the handling of the claim.
5. If we do not agree on a longer period, within 30 days of receiving the claim, we will eliminate the defects and provide you with information about the handling of the claim to the provided contact details. If this period lapses without action, you can withdraw from the Agreement or request a reasonable discount.
6. We will inform you about the handling of the claim via email and issue you a confirmation of the date and method of handling the claim. If the claim is justified, you are entitled to compensation for purposefully incurred costs. You are obliged to prove these costs, e.g., with receipts or confirmations of the shipping cost. In the case of eliminating the defect by delivering new Goods, it is your duty to return the original Goods to Us, but we will cover the costs of returning them.
7. If you are a business entity, it is your duty to notify and claim the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
8. If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months from receiving the Goods. 
1. Withdrawal from the Agreement
1. You may withdraw from the Agreement, thus terminating the contractual relationship between Us and You from its inception, for the reasons and in the manner specified in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right according to §1829 of the Civil Code to withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement, or if it concerns the purchase of Goods, within fourteen days from their receipt. If the Agreement subject matter includes several pieces of Goods or the delivery of several parts of Goods, this period begins to run only from the day of delivery of the last piece or part of the Goods, and if the Agreement is based on which Goods will be delivered regularly and repeatedly, the period begins on the day of delivery of the first shipment.
3. You can notify the Company of your withdrawal from the Agreement in any verifiable manner (especially by sending an email or letter to our addresses listed in our identification details). You can also use the sample form provided by Us for withdrawal, which forms Attachment No. 2 of the Terms.
4. However, as a consumer, you cannot withdraw from the Agreement in cases where the subject matter of the Agreement involves fulfillment as per § 1837 of the Civil Code.
5. The withdrawal period according to Article 8.2 of the Terms is considered observed if you send Us a notification of withdrawal during this period.
6. If you, as a consumer, withdraw from the Agreement, you are obliged to send or hand over the Goods you received from Us without undue delay, and no later than 14 days after withdrawal from the Agreement. 
7. If you, as a consumer, withdraw from the Agreement, the Company will refund the Price within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account you choose for withdrawal from the Agreement. However, the amount will not be refunded earlier than when we receive the Goods back or you prove that you have sent the Goods back to Us. Please return the Goods clean, preferably including the original packaging.
8. If you withdraw from the Agreement according to Article 8.2 of the Terms, you are liable to Us for the reduction in the value of the Goods that occurred as a result of handling the Goods in a way other than necessary for familiarizing yourself with the nature, properties, and functionality of the Goods, i.e., the way you would familiarize yourself with the Goods in a physical store. If we have not yet refunded the Price, we are entitled to offset the claim for costs against your claim for the refund of the Price.
9. We are entitled to withdraw from the Agreement at any time before delivering the Goods to you if there are objective reasons why it is impossible to deliver the Goods (especially reasons on the part of third parties or reasons inherent in the nature of the Goods), even before the period specified in Article 6.1 of the Terms has expired. We can also withdraw from the Agreement if it is evident that you have intentionally provided incorrect information in the Order. If you are purchasing Goods as a business entity, i.e., as a trader, we are entitled to withdraw from the Agreement at any time, even without giving any reason.
2. Resolution of Disputes with Consumers
1. We are not bound by any codes of conduct in relation to buyers as per § 1826 paragraph 1 letter e) of the Civil Code.
2. We handle consumer complaints through the electronic address ljezny@gmail.com. We will send information about the handling of the complaint to the buyer's email address.
3. The Czech Trade Inspection Authority, located at Štěpánská 796/44, 110 00 Prague 1, Company ID: 000 20 869, website: http://www.coi.cz, is the competent authority for out-of-court resolution of consumer disputes. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer, who is a consumer, from a purchase agreement concluded by electronic means.
4. The European Consumer Centre Czech Republic, located at Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
3. Final Provisions
1. If Our and Your legal relationship contains an international element (for example, if we will be shipping Goods outside the territory of the Czech Republic), it will always be governed by the law of the Czech Republic. However, if you are consumers, your rights arising from legal regulations are not affected by this provision.
2. All written correspondence will be delivered to you electronically. Our email address is listed in our identification details. We will deliver correspondence to your email address provided in the Agreement, in the User Account, or through which you have contacted us.
3. The Agreement can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms, but such changes will not affect already concluded Agreements, only Agreements concluded after the effective date of these changes. However, we will inform you about the changes only if you have created a User Account (so you have this information in case you order new Goods, but the change does not create the right to terminate since we do not have a concluded Agreement that can be terminated), or if based on the Agreement we are to deliver Goods to you regularly and repeatedly. We will send you information about the changes to your email address at least 14 days before the changes take effect. If we do not receive a termination of the concluded Agreement for regular and repeated delivery of Goods from you within 14 days of sending the information about the change, the new terms become part of our Agreement and apply to the next delivery of Goods following the effective date of the change. The notice period in case you terminate is
   2 months.
4. In the case of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational failures, supplier outages, etc.), we do not bear responsibility for damage caused as a result or in connection with force majeure, and if the force majeure condition lasts longer than 10 days, both You and We have the right to withdraw from the Agreement.
5. Attachments to the Terms include the sample form for claims and the sample form for withdrawal from the Agreement.
6. The Agreement, including the Terms, is archived in electronic form with Us but is not accessible to you. However, you will receive these Terms and the Order confirmation with a summary of the Order via email, so you always have access to the Agreement even without Our cooperation. We recommend always saving the Order confirmation and Terms.
7. These Terms come into effect on December 1, 2023.

Attachment No. 1 - Claim Form

Addressee: JEZNY s.r.o., Pod Strání 753, Zlín

Filing a Claim

Date of Conclusion of the Agreement:
First and Last Name:
Address:
Email Address:
Goods Being Claimed:
Description of the Defects of the Goods:
Proposed Method for Handling the Claim:

At the same time, I request the issuance of a confirmation of filing the claim, stating when I exercised this right, what the claim is about, what method of handling the claim I request, along with my contact details for the purpose of providing information about the handling of the claim.

 

Date:

Signature:Attachment No. 2 - Withdrawal Form

Addressee: JEZNY s.r.o., Pod Strání 753, Zlín

I hereby declare that I withdraw from the Agreement:

Date of Conclusion of the Agreement:
First and Last Name:
Address:
Email Address:
Specification of the Goods to which the Agreement relates:
Method for returning received funds, or providing bank account number:

If the buyer is a consumer, they have the right, if they ordered Goods through the E-shop of   JEZNY s.r.o., (“Company“) or another means of remote communication, except in cases specified in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase agreement within 14 days from the date of conclusion of the Agreement, or if it concerns the purchase of Goods, within fourteen days from their receipt. In the case of an Agreement where the subject matter includes several pieces of Goods or the delivery of several parts of Goods, this period begins to run only from the day of delivery of the last piece or part of the Goods, and if the Agreement is based on which Goods will be delivered regularly and repeatedly, from the day of delivery of the first shipment.

You will notify the Company of your withdrawal from the Agreement in writing to the Company’s business address or electronically to the email address provided on the sample form. 

If you, as a consumer, withdraw from the Agreement, the Company will send or hand over the Goods you received from it without undue delay, no later than 14 days after withdrawal from the Agreement.

If you, as a consumer, withdraw from the Agreement, the Company will refund the Price within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account you choose for withdrawal from the Agreement. If the buyer chooses a different, than the cheapest method of delivering the Goods that the Company offers, the Company will only refund the delivery costs up to the amount corresponding to the cheapest offered method of delivering the Goods. The Company is not obliged to refund the received funds to the buyer earlier than when the Goods are returned or the buyer proves that they have sent the Goods back to the Company.