Terms and conditions

 

These general terms and conditions ("Terms and Conditions") of JEZNY s.r.o. , with registered office at Pod Strání 753, Zlín, ID No. 195<75084 registered with the Regional Court in Brno, e-mail  ljezny@gmail.com, ("My" or "Seller") regulate in accordance with the provisions of § 1751 para. 89/2012 Coll,Civil Code, as amended ("Civil Code"), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or pursuant to a purchase contract ("Contract") concluded through the E-shop on the www.solar-station.cz website.

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 and Conditions form an integral part of the Agreement. The Agreement and the Terms and Conditions are in the Czech language. We may unilaterally change or amend the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the effective period of the previous version of the Conditions.

As you know, we primarily communicate remotely. Therefore, our Agreement is also subject to the use of remote means of communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Agreement is thus concluded remotely in the E-shop environment, through the website interface ("E-shop web interface").

If any part of the Terms contradicts what we have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will prevail over the Terms.

 I. SOME DEFINITIONS

1. Price is the amount of money you will pay for the Goods;

2. Shipping Price means the amount of money you will pay for the delivery of the Goods, including the cost of packing them;

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3. Total Price is the sum of the Price and the Shipping Price;

4. VAT is the value added tax according to the applicable legislation;

5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

6. Order means Your irrevocable proposal to enter into a Contract for the purchase of Goods with Us;

7. User Account means an account established on the basis of the information you provide, which allows you to store the information you have entered and to keep a history of the Goods ordered and the Contracts you have entered into;

8. You are the person shopping on Our E-shop, legally referred to as the buyer;

9. Goods means anything you may purchase on the E-Shop.

 

II. GENERAL PROVISIONS AND CONDITIONS

1. The purchase of Goods is only possible through the web interface of the E-shop.

2. When purchasing the Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information you have provided to Us when ordering the Goods to be correct and truthful.

 

III. CONCLUSION OF CONTRACT

1. The contract with Us can only be concluded in Czech language.

2.The contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.

3. In order for Us to enter into the Contract, You must create a draft Order on the E-Shop. This proposal must contain the following information:

a) Information about the Goods you are purchasing (on the E-Shop, you indicate the Goods you are interested in purchasing by clicking "Add to Cart");

b) Information about the Price, Shipping Charge, Total Price payment method and the desired delivery method of the Goods; this information will be entered in the Order design within the E-shop user interface, and the Price, Shipping Charge and Total Price information will be provided automatically based on the Goods and delivery method you have selected;

c) Your identification and contact details used to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address;

d) In the case of a Contract under which we will deliver the Goods to you on a regular and recurring basis, also how long we will deliver the Goods to you.

4. During the course of drafting the Order, you may change and check the information up to the time of its creation. After checking by pressing the "Order binding payment" button, you will create the Order. However, before pressing the button, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to create the Order. The checkbox is used to confirm and agree. After pressing the "Order binding payment" button, all completed information will be sent directly to us.

5. We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Confirmation of the Order by Us shall constitute the conclusion of the Contract between Us and You. The Terms and Conditions as in force on the date of the Order form an integral part of the Contract.

6. There may be occasions when We are unable to confirm an Order to You. This includes situations where the Goods are not available or where you order more Goods than are permitted by us. However, we will always provide you with information about the maximum number of Goods in advance in the E-shop and it should not come as a surprise to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such case, the Contract will be concluded at the time You confirm Our offer.  

7. In the event that a manifestly incorrect Price is quoted in the E-shop or in the draft Order, We are not obliged to supply the Goods to You at that Price even if You have received confirmation of the Order and therefore the conclusion of the Contract has occurred. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. In such a case, the new Contract will be concluded at the moment You confirm Our offer. In the event that You do not confirm Our offer even within 3 days of sending it, We shall be entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, if the Price does not correspond to the usual price at other retailers or if a digit is missing or missing.

8. In the event that the Contract is concluded, you are obliged to pay the Total Price.

9. In case you have a User Account, you can place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User account, but the advantage is that you do not need to fill in your identification data repeatedly.

10. In some cases we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of this discount in the pre-designated field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

IV. USER ACCOUNT

1. You can access your User Account based on your registration in the E-shop.

2. When registering your User Account, it is your responsibility to provide all the information you enter correctly and truthfully and to update it in the event of a change.

3. Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding this access and not to provide this information to anyone. In the event that they are misused, we will not be liable for this.

4. The user account is personal and you are therefore not entitled to allow third parties to use it.

5. We may cancel your User Account, in particular if you have not used it for more than 2 years or if you breach your obligations under the Agreement.

6. The user account may not be available continuously, especially with regard to necessary maintenance of hardware and software.

V. PRICING AND PAYMENT TERMS, RELEASE OF PROPRIETARY RIGHTS

1. The price is always stated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order will apply and will always be the same as the price in the Contract. The Price for shipping is also indicated in the Order proposal, or the conditions under which shipping is free of charge.

2. The total price is quoted including all charges provided for by law.

3. Payment of the Total Price will be required from you upon conclusion of the Contract and prior to delivery of the Goods. You may pay the Total Price by the following methods:

a) Cash on delivery. In this case, payment will be made on delivery of the Goods against delivery of the Goods. In the case of payment by cash on delivery, the total price is payable on receipt of the Goods.

4. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.

5. Ownership of the Goods will only pass to You once You have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, in other cases it is paid at the time of payment.

 

VI. DELIVERY OF GOODS, TRANSFER OF DAMAGE TO GOODS

1. The goods will be delivered to you by the method of your choice, and you may choose from the following options:

a) Personal collection at the company's outlets

b) Delivery via transport companies Zásilkovna;

2. The goods can be delivered only within the Czech Republic and the Slovak Republic.

3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated on the E-shop is indicative only and may differ from the actual delivery time.

4. Upon receipt of the Goods from the carrier, it is Your obligation to check the integrity of the packaging of the Goods and in the event of any defects, to notify the carrier and Us immediately. In the event that there is a defect in the packaging which indicates tampering and entry into the shipment, it is not your responsibility to accept the Goods from the Carrier.

5. In the event that You breach Your obligation to accept the Goods, except in accordance with VI.4. of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods is not a repudiation of the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to exercise this right, the withdrawal shall be effective on the day on which We deliver the withdrawal to You. Withdrawal from the Contract does not affect the right to payment of the Shipping Charge or the right to compensation for damages, if any.

6. If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, it is Your responsibility to reimburse Us for the costs associated with such repeated delivery. Payment details for payment of these costs will be sent to Your email address set out in the Contract and are payable 14 days after receipt of the email.

7. The risk of damage to the Goods passes to you at the time you take possession of them. In the event that you do not take delivery of the Goods, except in accordance with VI.4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the time when you had the opportunity to take delivery of the Goods, but for reasons on your part did not take delivery. The transfer of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.

8. In the event that the Goods have not been listed as in stock in the E-shop and an approximate period of availability has been given, we will always inform you in the following way:

a) an extraordinary failure in the production of the Goods and we will always tell you the new expected period of availability or information that the Goods cannot be delivered;

b) a delay in the delivery of Goods from Our Supplier and We will always tell You the new expected delivery time.

9. In the event that We are unable to deliver the Goods to You even within 30 days of the expiry of the delivery time specified in the Order confirmation, for any reason, We and You shall be entitled to withdraw from the Contract.

VII. RIGHTS UNDER PERFORMANCE

1. We warrant that at the time of the passing of the risk of damage to the Goods pursuant to clause VI.7 of the Conditions, the Goods are free from defects, in particular that:

a) it has the characteristics that we have agreed with you and, if not expressly agreed, then such as we have stated in the description of the Goods or such as may be expected having regard to the nature of the Goods;

(b) is suitable for the purposes we have stated or for purposes which are usual for Goods of that type;

c) corresponds to the quality or workmanship of the agreed sample, if the quality or workmanship has been determined from the sample;

d) is in the appropriate quantity and weight;

(e) meets the requirements imposed on it by law;

(f) is not encumbered by the rights of third parties;

2. The rights and obligations regarding rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

3. In the event that the Goods are defective, i.e., in particular if any of the conditions under Article VII.1 are not met, you may notify Us of such defect and exercise your rights under the defective performance (i.e., claim the Goods) by sending an email or letter to Our addresses listed in Our identification data. You may also use the sample form provided by Us for making a claim, which is attachment 1 of the Terms. In exercising your right under defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice, except in accordance with clause 7.4, without Our consent. We will settle the claim in accordance with the defective performance right asserted by You. In the event that You do not choose to resolve the defect, You have the rights set out in Article 7.5 even in situations where the defective performance was a material breach of the Contract.

4. If the defective performance is a material breach of the Contract, you have the following rights:

a) to remedy the defect by supplying new Goods without defect, or by supplying the missing part of the Goods;

b)to have the defect remedied by repairing the Goods;

c) a reasonable discount on the price;

d) to withdraw from the Contract.

In the event that You choose to resolve the defect under a) or b) and We do not remedy the defect in this way within the reasonable time We have stated or We tell You that We will not remedy the defect in this way at all, You have rights under c) and d) even if You did not originally request them as part of the claim. At the same time, if you choose to have the Goods repaired and we find that the defect is irreparable, we will notify you and you may choose another method of repairing the defect.

5. If the defective performance is an immaterial breach of the Contract, you have the following rights:

a) to remedy the defect by supplying new Goods without the defect, or by supplying the missing part of the Goods;

b) to remedy the defect by repairing the Goods;

c) a reasonable discount on the Price.

However, if we do not remedy the defect in time or refuse to remedy the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot properly use the Goods due to the recurrence of defects after the Goods have been repaired or if there are multiple defects in the Goods.

6. In the case of a material or immaterial breach, you cannot withdraw from the Contract or demand delivery of a new item unless you can return the Goods in the condition in which you received them. This does not apply in the following cases:

a) if the condition of the Goods has changed as a result of an inspection to detect a defect;

b) if the Goods were used before the defect was discovered;

c) if the impossibility of returning the Goods in their unaltered condition was not caused by your act or omission,

d) if the Goods have been sold, consumed or altered by you in the ordinary course of use before the discovery of the defect; however, if only part of the Goods have been sold, consumed or altered, it is your responsibility to return the part of the Goods that can be returned, in which case you will not be refunded the part of the Price corresponding to your benefit from the use of the part of the Goods.

7. Within 3 days of receipt of a claim, we will confirm to your email address that we have received the claim, when we received it and the estimated time it will take to resolve the claim. We will deal with the complaint without undue delay, but no later than 30 days from receipt. The time limit may be extended by mutual agreement between us. If the time limit expires in vain, you may withdraw from the Contract.

8. We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you will be entitled to reimbursement of the costs reasonably incurred. You are obliged to prove these costs, e.g. by receipts or shipping receipts. In the event that the defect is rectified by the delivery of new Goods, it is your responsibility to return the original Goods to Us, but the cost of such return will be borne by Us.

9. In the event that You are a business, it is Your obligation to notify and complain about the defect without undue delay after You have been able to discover it, but no later than three days after You have received the Goods.

10. If you are a consumer, you have the right to exercise your rights under the defective performance for defects that occur in consumer Goods within 24 months of receipt of the Goods.

11. The provisions regarding the right of defects shall not apply in the case of:

a) Goods which are sold at a lower Price, for the defect for which the lower Price was agreed;

b) wear and tear on the Goods caused by normal use;

c) used Goods for a defect corresponding to the level of use or wear and tear that the Goods had when you received them;

d) where the nature of the Goods so requires.

 

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways set out in this Article or in other provisions of the Conditions in which the possibility of withdrawal is expressly provided.

2. In the event that you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the unused Goods in accordance with the provisions of §1829 of the Civil Code. In the event that we have concluded a Contract where the subject matter is several types of Goods or the delivery of several parts of Goods, this period shall commence on the date of delivery of the last part of the Goods, and in the event that we have concluded a Contract whereby we will deliver the Goods to you on a regular and repeated basis, it shall commence on the date of delivery of the first delivery. You may withdraw from the Contract by any demonstrable means (in particular, by sending an email or letter to Our addresses listed with Our identification details). You may also use the sample form provided by Us for withdrawal, which forms attachment 2 to the Terms and Conditions.

3. However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract is:

a) Goods whose Price depends on financial market fluctuations independent of Our will and may occur during the withdrawal period;

b) Goods which have been modified to Your wishes or for Your person;

4. The withdrawal period under clause VIII.2 of the Terms and Conditions shall be deemed to have been observed if You send Us notice that You are withdrawing from the Contract during the withdrawal period.

5. In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days of the effective date of withdrawal to the account from which it was credited or to the account selected by You to withdraw from the Contract. However, the amount will not be refunded until You have returned the Goods to Us or proved that they have been sent back to Us. Please return the Goods to Us clean, including the original packaging if possible.

6. In the event of withdrawal from the Contract pursuant to clause VIII.2 of the Terms, You shall return the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to be refunded by Us the Shipping Charges, but only in an amount corresponding to the cheapest shipping method offered by Us for delivery of the Goods. In the event of cancellation for reason that We are in breach of the Contract, We will also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Price in an amount corresponding to the cheapest offered method of delivery of the Goods that We offered for delivery of the Goods.

7. You shall be liable to Us for damages where the Goods are damaged as a result of Your handling them in a manner other than that which is necessary in view of their nature and characteristics. We will charge You for the damage caused in such a case after the Goods have been returned to Us and the amount charged is due within 14 days. If We have not yet returned the Price to You, We shall be entitled to set off the claim for costs against Your claim for reimbursement of the Price.

8. We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period set out in VI.9. of the Conditions. We may also withdraw from the Contract if it is clear that you have provided deliberately incorrect information in the Order. In the event that you are purchasing goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

 

IX. RESOLUTION OF DISPUTES WITH CONSUMERS

1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1) (e) of the Civil Code.

2. We handle consumer complaints via the electronic address ljezny@gmail.com. We will send information about the handling of the complaint to the buyer's electronic address.

3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.

4. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: 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)

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X. FINAL PROVISIONS

1. If our legal relationship with you contains an international element (e.g. we will ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.

2. All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us.

3. The Agreement may only be amended by written agreement between Us. However, we are entitled to amend these Terms and Conditions, but such amendment will not affect existing Contracts, but only Contracts entered into after the amendment becomes effective. However, we will only inform you of the change if you have created a User Account (so that you have this information in the event that you order new Goods, but the change does not give rise to a right of termination as we do not have a Contract that can be terminated) or we are to supply you with Goods on a regular and recurring basis under the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you information about the change, the new terms will become part of our Contract and will apply to the next supply of Goods after the change takes effect. The notice period in the event that you give notice is 2 months.

4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), We shall not be liable for damages caused as a result of or in connection with the force majeure events, and if the force majeure condition lasts for more than 10 days, We and You shall have the right to withdraw from the Contract.

5. A sample complaint form and a sample withdrawal form are attached to the Terms and Conditions.

6. The Contract, including the Conditions, is archived electronically with Us but is not accessible to You. However, You will always receive these Conditions and the Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Terms and Conditions.

7. These Terms will come into effect on 23.5.2023.

 

 

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ATTACHMENT NO. 1 - COMPLAINT FORM

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

Claims

Contract Closure Date:
First and last name:
Address:
E-mail address:
Goods that are claimed:
Description of defects of the Goods:
Suggested method for handling the complaint, or providing a bank account number for the discount:

At the same time, I ask for a confirmation of the claim with indication of when I exercised this right, what is the content of the claim together with my claim including the date and method of settlement of the claim.

 

Date:

Signature: 

 

 

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ATTACHMENT NO. 2 - CANCELLATION FORM

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

I hereby declare that I withdraw from the Contract:

Date of conclusion of the Contract:
First and last name:
Address:
E-mail address:
Specification of the Goods to which the Contract relates:
Method for reimbursement of funds received or bank account number:

 

If the buyer is a consumer, he/she has the right to withdraw from the already concluded purchase contract within 14 days from the date of receipt of the goods, without giving any reason and without any penalty, in case he/she ordered the goods via the e-shop of JEZNY s.r.o.("Company") or any other means of distance communication, except for the cases referred to in § 1837 of Act No. 89/2012 Coll., Civil Code, as amended. The buyer shall notify the Company of such withdrawal in writing to the Company's business address or electronically to the e-mail address indicated on the sample form.

If the Buyer, who is a consumer, withdraws from the Purchase Contract, the Buyer shall send or hand over to the Company the goods received from the Company without undue delay, but not later than 14 days after the withdrawal from the Purchase Contract.

If the consumer purchaser withdraws from the purchase contract, the Company shall refund to the consumer, without undue delay, and no later than 14 days after withdrawal from the purchase contract, all monies (purchase price of the goods delivered), including delivery costs, received from the consumer under the purchase contract in the same manner. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall reimburse the Buyer for the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Company shall not be obliged to return the monies received to the Buyer before the Buyer has handed over the goods to the Company or proved that it has dispatched the goods to the Company.

 

Date:

Signature:

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