of Aton Ltd.
with its registered office in Slunecna 398, 252 26 Trebotov, Czech Republic
Company ID: 60489251
registered in the Business Register kept by the Municipal Court in Prague, Section C, File 27405
for the sale of goods through the online store located at www.atonlight.com
1. INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Aton Ltd., with its registered office Slunecna 398, 252 26 Trebotov, Company ID: 60489251, VAT ID: CZ60489251, registered at the Municipal Court in Prague in the Commercial Register, Section C, Insert 27405 in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), govern the mutual rights and obligations of the parties arising in connection with or on the basis of a Purchase Contract (the “Purchase Contract”) concluded between the Seller and another natural or legal person (hereinafter the “Buyer”) through the Seller’s online store which the Seller operates on the website located at www.atonlight.com
( hereafter referred to as the “Website”), through the web interface Site (the “Web Store Interface”).
1.2 If the buyer is a consumer according to § 419 of the Act. 89/2012 Coll. the relationships not regulated by these contractual conditions are governed by Act No. 89/2012 Coll.
If the Buyer acts in ordering / purchasing goods in the course of his business or in the course of his / her independent profession, the relations are governed by these terms and conditions not regulated by Act No. 89/2012 Coll. where the provisions of § 2158 – § 2174 do not apply.
1.3 Provisions deviating from the Terms and Conditions may be agreed in the sales contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech, English and German. The purchase contract can be concluded in Czech, English and German.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1 All the presentation of goods placed in the web store interface is of informative character and the seller is not obliged to conclude a purchase contract for these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
2.2 The web store interface contains information about the goods, including the prices of individual goods. Prices of goods include VAT and all related fees. The prices of the goods remain valid as long as they are displayed in the web store interface. This provision does not limit the seller’s ability to conclude a purchase contract under individually negotiated conditions.
2.3 The web store interface also contains information on the costs associated with packaging and delivery of goods.
2.4 To order goods, the buyer fills in an order form in the web store interface. The order form contains mainly information about the ordered goods (the buyer “puts” the goods into the electronic shopping cart of the web store interface), the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and information “order”).
2.5 Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the buyer’s ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the “order” button. The data listed in the order they are considered as correct by the seller. The Seller shall confirm the receipt to the Buyer without undue delay upon receipt of the order by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s E-mail Address”).
2.6 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (e.g. in writing or by telephone).
2.7 The contractual relationship between the seller and the buyer arises upon delivery of acceptance of the order, which the seller sends to the buyer by e-mail, to the e-mail address of the buyer.
2.8 The Buyer agrees to use the means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone costs) shall be borne by the Buyer himself, and these costs do not differ from the standard rate.
3. PRICE OF GOODS AND PAYMENT CONDITIONS
3.1 The price of the goods and any costs associated with the delivery of goods under the purchase contract may be paid by the buyer to the seller only by cashless transfers, in the following ways:
- by transfer to Seller’s account No. 8033170010/5500, kept at Raiffeisenbank a.s. (“Seller’s Account”);
- through the Gopay payment system;
- through Paypal payment system;
- by credit card payment
3.2 Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. If not explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
3.3 The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 3.5 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
3.4 The buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. The buyer’s obligation to pay the purchase price is met when the relevant amount is credited to the seller’s account.
3.5 The Seller is entitled to demand payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
3.6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.7 If it is customary in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice regarding payments made under the purchase contract. The seller is a payer of value added tax. The tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer’s email address.
3.8 Customs duties and import charges may be required by national law (outside the EEA) and are always paid by the buyer. The Seller cannot influence these fees in any way.
3.9 A buyer with a valid VAT registration within the EEA (excluding the Czech Republic) with the right to deduct VAT from the purchase price must send the order of the goods in writing to the seller’s e-mail address. The delivery address must match the address given in the payer register http://ec.europa.eu/taxation_customs/vies/ . In this case, the buyer will be issued a document – invoice for goods without VAT for payment by bank transfer, which the seller sends in electronic form to the buyer’s email address. The goods will be sent to the buyer after payment of the purchase price stated on the invoice to the seller’s account.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1 The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the Buyer’s wish or for his person.
4.2 Unless this is the case referred to in Article 4.1 of the Terms and Conditions or any other case where the Purchase Agreement cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Agreement within fourteen ( 14) days from receipt of the goods, where in the case of the purchase contract if several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the contract can be sent by the buyer to the seller’s e-mail address.
4.3 In case of withdrawal from the purchase contract according to Article 4.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The Goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery of the withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature per post.
4.4 In the event of withdrawal from the Purchase Agreement pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer in the same way as the Seller accepted them.
The Seller is also entitled to return the funds provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
4.5 The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer’s claim for refund of the purchase price.
4.6 In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
4.7 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer shall be concluded with the proviso that if the Buyer withdraws from the contract, the gift contract for such gift in no more and and the Buyer needs to return the gift back as well.
5. TRANSPORT AND DELIVERY OF GOODS
5.1 If the way of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this way of transport.
5.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
5.3 In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other delivery methods.
5.4 When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In case of finding a damage of the packaging, which indicates unauthorized entry into the shipment or inadequate manipulation with the goods, the buyer need not take the shipment from the carrier. This does not affect the Buyer’s rights from liability for defects of the goods and other Buyer’s rights resulting from generally binding legal regulations.
5.5 The Seller is only responsible for timely and proper delivery of goods to the carrier and is not responsible for the delay caused by the carrier.
5.6 Other rights and obligations of the parties in the carriage of goods are governed by special delivery conditions of the seller.
6. RIGHTS OF DEFECTIVE PERFORMANCE FOR CONSUMERS
6.1 The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. , as amended).
6.2 The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
- the goods have characteristics agreed by the parties and, in the absence of an agreement, those characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods,
- the goods fit for the purpose stated by the seller or for which goods of this kind are normally used,
- the goods are in adequate quantities,
- the goods comply with legal requirements.
6.3. If the defect becomes apparent within six months of receipt, the goods shall be considered to have been defective at the time of receipt.
6.4 The Seller has the obligations of defective performance to the extent that the obligations of defective performance of the manufacturer persist. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. If the period of time for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the quality guarantee provisions shall apply. The Seller undertakes to guarantee that the goods will be fit for normal use for a certain period of time or that they will retain their normal properties. If the Buyer has rightfully complained to the Seller of the defect of the goods, the period for exercising the rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
6.5 The provisions referred to in Article 6.4 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, takeover by the buyer, or if it results from the nature of the goods. The Buyer shall not be entitled to any defective performance if the Buyer knew before the takeover of the goods that the goods had a defect or if the Buyer himself caused the defect.
6.6 Rights from liability for defects of goods shall be exercised at the Seller. The seller is obliged to accept the complaint in the establishment or in the place of business.
The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
6.7 The Buyer may specifically claim rights from liability for defects by telephone at +420 776 605 191 or by e-mail at firstname.lastname@example.org.
6.8 The Buyer shall inform the Seller of the right it has chosen at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller’s consent; this does not apply if the buyer asked for repair of the defect, which proves to be irreparable.
6.9 If the goods do not have the characteristics specified in Article 6.2 of the Terms and Conditions, the Buyer may also request the delivery of new goods without defects, unless this is unadequate to the nature of the defect. if this is not possible, he may withdraw from the contract. However, if this is unadequate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to deliver new goods or to replace parts even in the case of a removable defect, if he cannot properly use the goods for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may claim a reasonable discount. The Buyer shall be entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its parts or repair the goods, or if the Seller fails to rectify the goods within a reasonable time or if the Buyer has remedied the problems.
6.10 Whoever has the right under § 1923 of the Civil Code shall also be entitled to reimbursement of the costs reasonably incurred in exercising this right. However, if the claim for compensation is not exercised within one month after the expiry of the period within which the defect must be claimed, the court will not grant the right if the seller claims that the claim for compensation was not exercised in time. If he / she exercises this right, in accordance with the Civil Code he / she is obliged to send the goods in an adequate way with reasonable cargo, or have the expedient use of the funds approved by the seller in advance.
6.11 The rights and obligations of the parties relating to the Seller’s liability for defects are regulated by the Seller’s Complaints Procedure Rules.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2 In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
7.3 Consumer complaints are handled by the seller via e-mail address email@example.com. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s email address.
7.4 The Czech Trade Inspection, with its registered office at Stepanska 567/15, 120 00 Prague 2, Czech Republic, ID No .: 000 20 869, internet address https://www.coi.cz/en/information-about-adr/, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm can be used to resolve disputes between the seller and the buyer under the sales contract.
7.5 European Consumer Center Czech Republic, with its registered office at Stepanska 567/15, 120 00 Prague 2, Czech Republic, Internet address:
https://evropskyspotrebitel.cz/ is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
7.6 The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On consumer protection, as amended.
7.7 The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
7.8 The Seller shall not be liable (for whatever legal reason) for damages that cannot be expected in the normal use of the goods for the purpose for which they are intended.
8. PERSONAL DATA PROTECTION
8.1 The obligation to inform the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the legal placement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) relating to the processing of Buyer’s personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiating the Purchase Agreement and for the fulfillment of Seller’s public law obligations fulfills the Seller by the special document.
8.2 The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations arising from the purchase contract.
8.3 The Buyer is obliged to present his / her personal data correctly and truthfully and is obliged to inform the Seller without undue delay about a change of his / her personal data.
The Seller may authorize a third party to process the Buyer’s personal data. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner. By agreeing to the Terms and Conditions, the Buyer confirms that the personal data provided are accurate and that he / she has been advised that this is a voluntary disclosure of personal data.
8.4 If the Buyer believes that the Seller or a third party is processing their personal data in violation of its privacy or in violation of the law, it may ask the Seller or a third party for explanation or request that they rectify the situation.
8.5 If the Buyer asks for information about the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to request adequate compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
9. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
9.1 The Buyer agrees, pursuant to Section 7 (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 send commercial communications to the Seller address or phone number of the buyer. The Seller fulfills its obligation to inform the Buyer within the meaning of Article 13 of GDPR relating to the processing of Buyer’s personal data for the purpose of sending commercial communications by a separate document.
9.2 The Buyer agrees to the storage of cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase agreement without depositing so-called cookies on the buyer’s computer, the buyer may at any time withdraw the consent under the previous sentence.
The Buyer may be delivered to the Buyer’s e-mail address.
11. FINAL PROVISIONS
11.1 If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law referred to in the preceding sentence shall not deprive the consumer of the protection afforded by provisions of the law which cannot deviate from the contract and which would otherwise apply in the absence of the choice of law under the provisions of Article 6 (1) (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2 If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, 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.
11.3 The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4 The sample form for Withdrawal from the purchase contract is attached to the Terms and Conditions.
11.5 Seller’s contact details: delivery address: Aton s.r.o., Slunecna 398, 252 26 Trebotov, Czech Republic; email address firstname.lastname@example.org.
These Terms and Conditions are effective from 1.11. 2019.