General Terms and Conditions  

1.       Article I.
Purpose and Subject of these Terms and Conditions

1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the relationship between Solight Holding, s.r.o., Company ID No.: 283 20 573, with its registered office at Na Brně  1972, 500 06 Hradec Králové , registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 196940, represented by Mr. Marek Lempochner, Managing Director, (hereinafter referred to as the “Seller”) on the one hand and a business entity on the other hand (hereinafter referred to as the “Buyer”), the Seller and the Buyer jointly hereinafter referred to as the “Contracting Parties”.
2. The purpose of these Terms and Conditions is to agree on the general conditions under which purchase agreements will be concluded between the Buyer and the Seller in the future, so that the conditions agreed in these Terms and Conditions are binding on both the Seller and the Buyer in legal relationships arising from future purchase agreements.
3. The Contracting Parties hereby agree that, from the date of signing these Terms and Conditions, all purchase agreements concluded between the Contracting Parties, the subject of which will be the delivery of any goods offered by the Seller within its ordinary business activities (hereinafter referred to as “Goods”), shall be governed by the conditions set out in these Terms and Conditions.
4. The Contracting Parties have agreed that purchase agreements pursuant to paragraph 1.2 of these Terms and Conditions (hereinafter referred to as the “Purchase Agreement”) shall be concluded on the basis of written orders (proposals to conclude purchase agreements - hereinafter referred to as the “Order”) from the Buyer. For the purposes of this Agreement, an Order made by fax, electronic mail, via the Seller’s website or through the Seller’s sales representative shall also be deemed a written Order.
5. A proper Order from the Buyer shall contain the Buyer’s identification details, specification of the requested Goods, number of pieces of Goods, order date, requested place of delivery, and, where applicable, packaging requirements. The number of pieces of Goods stated by the Buyer in the Order is only approximate and is to be determined by the Seller. The Seller is entitled to determine the exact quantity of Goods to be delivered with a maximum negative deviation (delivery of a smaller quantity of goods) of 100%. Under this paragraph, the Seller is not entitled to determine the exact quantity of Goods so that more Goods are delivered than the Buyer expressly stated in the Order.
6. The Seller shall determine the exact quantity of goods pursuant to this paragraph in writing by means of a notice of Order fulfillment (hereinafter referred to as the “Order Fulfillment Notice”), which shall be delivered to the Buyer in writing, by fax, electronic mail or through the Seller’s sales representative. The Seller may also determine the exact quantity of goods pursuant to this paragraph by implication, by delivering the goods to the Buyer on the basis of the Order without notifying the Buyer. The Purchase Agreement is concluded at the moment of delivery of the Order Fulfillment Notice to the Buyer, in which it will be specified to what extent the Order will be fulfilled, or by dispatching the Goods to the Buyer on the basis of the Order without notifying the Buyer. The period for accepting the Order as a proposal to conclude the Purchase Agreement is 30 days from the date of delivery of the Order to the Seller.
7. The Seller is not obliged to conclude a Purchase Agreement with the Buyer, especially if the Buyer has outstanding obligations towards the Seller. The Seller may inform the Buyer of more precise conditions for concluding Purchase Agreements (credit).

2.       Article II.
Rights and Obligations of the Contracting Parties

1. The Seller undertakes to deliver Goods to the Buyer in accordance with these Terms and Conditions on the basis of Purchase Agreements, and the Buyer undertakes to pay the purchase price for the received Goods in accordance with the provisions set out in these Terms and Conditions.
2. The purchase price for the Goods in each Purchase Agreement shall correspond to the actual quantity of Goods delivered within the meaning of paragraphs 1.4 and 1.5 of this Agreement and shall be determined by the Seller according to the price list of Goods, which will be available in its current version on the Seller’s website http://b2b.solight.cz or, upon request, in written or electronic form (hereinafter referred to as the “Price List”), always according to the version of the Price List current as of the date the Buyer’s Order is sent to the Seller, and if the date of sending the Order cannot be determined, then as of the date of delivery of the Buyer’s Order to the Seller.
   Transport costs for the Goods are not included in the purchase prices under individual Purchase Agreements. Transport costs are charged according to the specified transport fee.
3. Value added tax at the statutory rate shall be added to the purchase prices for the Goods under this Agreement. The Buyer shall pay the purchase price on the basis of an invoice issued by the Seller. The invoice may be delivered to the Buyer in writing by post or by electronic means.
4. The Contracting Parties have agreed that ownership of the Goods passes to the Buyer only upon full payment of the purchase price.
5. The Seller shall arrange, at the Buyer’s expense, transport of the Goods under Partial Agreements to the place of delivery agreed in the Partial Agreement, unless the Contracting Parties agree otherwise. The Buyer hereby undertakes to pay the Seller the costs of transporting the Goods to the place of delivery under the Partial Agreement in the amount specified in paragraph 2.2. The Seller may determine transport costs for the Buyer at a price different from the Price List if the newly determined costs are lower than the costs stated in the transport cost Price List.
6. Unless expressly agreed otherwise between the Contracting Parties, all payments made by the Buyer to the Seller shall be paid to the bank account stated on the invoice, otherwise to bank account No. 2300393423/2010, maintained with FIO banka a.s., or account No. 226017040/0300, maintained with ČSOB, a.s. The Buyer is entitled to pay payments under this Agreement or a Partial Agreement in cash to the Seller’s sales representative only on condition that the Seller’s sales representative presents the Buyer with a special power of attorney for accepting payments on behalf of the Seller, issued by the Seller’s Managing Director. In such a case, the sales representative is obliged to hand over a copy of the power of attorney to the Buyer, and the Buyer is obliged to keep this copy properly for at least the duration of this Agreement and for 1 year after its termination and to present it to the Seller upon request. If the Buyer fails to fulfill the obligation to present the Seller with a copy of the power of attorney pursuant to the previous sentence, it shall be deemed that the power of attorney was not presented to the Buyer by the sales representative.
   The Contracting Parties have agreed that if the Buyer is in default with payment of any payment under this Agreement or a Partial Agreement, the Buyer is obliged to pay the Seller a contractual penalty of 0.1% for each commenced day of default from the entire amount with which the Buyer is in default.

3.       Article III.
Delivery of Goods

1. Delivery of the Goods is usually carried out within 48 hours after conclusion of the Purchase Agreement, by a carrier designated by the Seller.
2. The Seller reserves the right, in individual cases and for objective reasons, to modify the period pursuant to paragraph 3.1.
3. The Goods shall be delivered to the address of the Buyer’s permanent residence or registered office, unless otherwise specified in the Purchase Agreement.
4. The Buyer confirms receipt of the Goods by the signature of its representative or authorized employee, including the legible first name, surname and position on the delivery note or transport document, supplemented by a stamp. By doing so, the Buyer also confirms the quantity and type of Goods delivered and that the Goods show no signs of defects or damage.
5. If the delivery shows defects or damage, the Buyer is obliged to draw up a record of this fact with the carrier.

4.    Article IV.
Warranty Period, Claims and Withdrawal from the Agreement

Warranty Period 

For consumers (end customers) purchasing at Solight.cz/e-shop/

The warranty period is governed by the laws of the Czech Republic, in particular:

• Act No. 89/2012 Coll., the Civil Code, as amended,
• Act No. 634/1992 Coll., on Consumer Protection, as amended.

These conditions apply exclusively to persons who conclude a purchase agreement as consumers within the meaning of Section 419 of the Civil Code – that is, natural persons acting outside the scope of their business activities or independent professional activities.

Unless stated otherwise, the warranty period is set at 24 months from the receipt of the goods by the buyer.

For B2B partners (business entities) purchasing at Solight.cz/e-shop/

The Contracting Parties agree on a quality warranty period of 33 months, unless a different warranty period is stated for a specific brand in the terms and conditions or related documents valid on the date the order is sent. This information is available at: http://b2b.solight.cz.

The warranty period begins on the date of issue of the invoice to the buyer.

For consumers (end customers) purchasing at Solight.cz/bezobalu/
The warranty period for products purchased on the solight.cz/bezobalu/ website and marked with the label "Used" is 12 months. For other products, the standard warranty period of 24 months applies.

For B2B partners (business entities) purchasing at Solight.cz/bezobalu/

The warranty period for products purchased on the solight.cz/bezobalu/ website and marked with the label "Used" is stated for each individual product on its product card. For other products, the standard warranty period of 24 months applies.

Claims

Claims for goods for consumers (end customers) who purchased at www.solight.cz/e-shop/

The Buyer has the right to file a claim with the Seller in 2 ways:
a) In person – by handing over the goods together with a completed claim report and related documents at the Solight service center:
Solight Holding, s.r.o., Plumlovská 481/200, 796 04 Prostějov
Opening hours: Monday–Friday, 9:00–16:00 (except public holidays and non-working days).

b) By post – by sending the goods together with a completed claim report and related documents to the above address.

In both cases, it is necessary to attach proof of purchase – an invoice or another tax document.
The claim report is available here.

Claims for B2B partners (business entities) with access to the Client Zone

Before sending or handing over goods for a claim, the Buyer is obliged to first register the claim online through the system at:
www.solight.cz/servisni-centrum (the system is available after the Buyer logs in using their username and password)

The online form must include:

• identification of all claimed products,
• description of defects for each product,
• number of pieces,
• number of packages or pallets in the shipment.

Each package or pallet must be marked with a generated QR code available for download in the system. At the same time, a List of Claimed Products, which can be printed when entering the claim, must be attached to the shipment.
After online registration, the shipment may be handed over in person or sent by post to Solight Holding, s.r.o., Plumlovská 481/200, 796 04 Prostějov.
After the claim is received by the service department, the customer will be informed by notification email and in the online system at  www.solight.cz/servisni-centrum

The detailed Claims Procedure for B2B partners is available in the Client Zone among documents for download here.

Withdrawal from the Agreement

For consumers (end customers) purchasing at Solight.cz/e-shop/

Withdrawal from the Agreement (14 days)

Pursuant to Section 1829 of Act No. 89/2012 Coll., the Civil Code, the customer has the right to withdraw from the agreement without giving a reason within 14 days of receiving the goods. To exercise this right, it is sufficient to send a notice of withdrawal by email or attach it to the returned goods.

Transport costs upon withdrawal

Pursuant to Sections 1820 and 1832 of the Civil Code, in the event of withdrawal from the agreement within 14 days,  the customer bears the costs of returning the goods back to us. 

5.    Article V.
Processing of Personal Data

1. The types of personal data processed by the Seller may include data voluntarily provided by the Buyer, primarily contact information (such as first name and surname, postal or email address, telephone or fax number), billing information (business name, registered office, Company ID No., VAT ID No., email address, telephone number), business contact information (such as job title, department and company name), username and password, and contact information for other persons whom, according to you, we should contact. The Buyer’s personal data is processed by the Seller for the purpose of ensuring the business relationship, access to the user account and marketing activities (sending news, promotional leaflets, catalogues).
2. The Seller processes the Buyer’s personal data on the basis of performance of a contract or legitimate interest in the case of registration on the Seller’s website. 
3. Personal data is processed by the Seller for the duration of the contractual/business relationship between the Buyer and the Seller. 
4. The Buyer has

a) the right of access to personal data, in particular the right to request information from the Controller about the processing of their personal data;
b) the right to rectification of personal data if the data is inaccurate,
c) the right to erasure of personal data (“right to be forgotten”);
d) the right to restriction of processing of personal data;
e) the right to object to the processing of personal data by the Controller;
f) the right not to be subject to automated individual decision-making, including profiling (with exceptions).

6. Article VI.
General Rules for Marketing Promotions

1. Definition of terms: "Promo code" is a unique code (numeric, text-based, or a combination of numbers and text) provided by Solight with the aim of granting a discount or other benefits when purchasing goods or services on the company’s website.


2. Use: A promo code can be used within an order exclusively on the website www.solight.cz for the purpose of obtaining a discount or other benefits associated with the promo code. The field for entering the Promo code is located in the 1st step of the shopping cart and, after entry, it must be confirmed by clicking the Apply button. Pressing this button also confirms the validity of the Promo code for the given period or for the contents of the shopping cart.


3. Other provisions:

A promo code may only be used in accordance with these Terms and Conditions.
Products marked as  "Clearance Sale" do not qualify for promotional campaigns. 
It is not permissible to retroactively claim discounts, bonuses or gifts with purchase after a purchase or order has been made without using the Promo code contained in that Promo code. (But it was not entered in the field for entering the Promo code)
Each promo code is valid only for a specific period of time, which will be stated together with the code.  The Promo code cannot be applied in any period other than the specified one.
The Promo code may be valid only for a specific type or category of goods, or for an individual product or gift with a product. 
The Promo code is intended for one-time use only and cannot be combined with other discount promotions or promo codes.
Solight s.r.o. reserves the right to change or cancel a promo code without prior notice.
The Promo code has no cash value and cannot be exchanged for money or other benefits.
Solight s.r.o. reserves the right to refuse the use of a promo code in the event of suspected misuse or unauthorized use.
Solight s.r.o. reserves the right to change these Terms and Conditions for the use of promo codes at any time.

New Product Free Trial Promotion:
As part of the “New Product Free Trial” promotion, the Seller provides B2B customers, upon purchase of selected and marked  “x” pieces of products, with 1 piece of the same product free of charge for trial.
The promotion applies only to products that are expressly marked as part of this promotion by means of an icon in the product detail with the text “New Product – ‘x.’ product free”.
The customer must purchase at least “x” pieces of the same selected product within one order.
The free trial product is automatically added to the order and sent together with it.
The free trial product cannot be exchanged for another product or for a monetary equivalent.
Each customer (company) may use the promotion only once.
The Seller reserves the right to modify or terminate the promotion at any time.
In the event of returning part of the order as a result of which the conditions of the promotion would no longer be met (purchase of “x” pieces), the customer is also obliged to return the bonus product.

7.    Article VII.
Subscription to Informational Emails

1. The Buyer agrees that informational and commercial communications relating to offered products and services may be sent to them, including price changes, special promotions or important updates. Unsubscribing from these emails or refusing to register for their receipt may result in the customer not being informed about price changes, promotions or other relevant commercial communications, which may affect their purchasing options under current conditions. Solight Holding s.r.o. shall not be liable for any damages or losses arising from not receiving this information as a result of unsubscribing from emails. 

8.    Article VIII.
Other Provisions

1. The Contracting Parties have agreed to accept electronic (email) communication as a full and valid form of communication.
2. If any of the provisions of these Terms and Conditions are, or become, apparent, invalid or ineffective as a result of their conflict with applicable law, this shall not affect the validity and effectiveness of the remaining provisions of these Terms and Conditions, except in cases where it follows from the nature of these Terms and Conditions or their content that such provision cannot be separated from the remaining content of these Terms and Conditions.

9.    Article IX.
Final Provisions

1. These Terms and Conditions enter into force on the date of publication on the Seller’s website http://b2b.solight.cz.
2. If the Buyer does not agree with the wording of the Terms and Conditions, the Buyer is obliged to notify the Seller of their disagreement in writing within 7 calendar days of their publication. If the Buyer fails to do so, it shall be deemed that the Buyer agrees with the published wording of the Terms and Conditions.

• In Prague on 25 May 2019

• Marek Lempochner
  Managing Director