Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR WHOLESALE AND CORPORATE CUSTOMERS

These General Terms and Conditions for wholesale and corporate customers (hereinafter referred to as the “Terms and Conditions”) apply to contracts concluded through the online store B2B shop located on the website interface shop.artlighting.cz (hereinafter referred to as the "web interface") between
our company

Art Lighting Production, s.r.o., with its registered office at Komenského 427, Újezd u Brna 664 53, Company ID: 25569627, registered in the Commercial Register maintained in Brno

Contact address: Art Lighting Production, s.r.o., with its registered office at Komenského 427, Újezd u Brna 664 53
Telephone number: +420 544 224 312
Contact e-mail: info@artlighting.cz

as the seller and the customer, hereinafter referred to as the buyer.

Individual Sections of the General Terms and Conditions

• Introductory Provisions
• Order and Conclusion of Contract
• Delivery Terms
• Payment Terms
• Withdrawal from the Contract
• Rights Arising from Defective Performance
• Final Provisions

1. Introductory Provisions

   1. The Terms and Conditions define and specify the basic rights and obligations of the contracting parties when concluding a contract for the sale of goods or other contracts listed herein (hereinafter collectively referred to as the “Contract”) through the web interface.
   2. The provisions of the Terms and Conditions form an integral part of the Contract. Provisions deviating from the Terms and Conditions may be agreed in the Contract. Such deviating provisions shall prevail over the Terms and Conditions. The Seller may amend or supplement the wording of the Terms and Conditions. The rights and obligations of the contracting parties are always governed by the version of the Terms and Conditions effective at the time when they arose. The rights and obligations of the contracting parties are further governed by the Complaints Procedure, the Terms of Use of the web interface, and the conditions and instructions stated on the web interface, especially when concluding the Contract. Matters not regulated herein shall be governed by generally binding legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).
   3. The Contract and the Terms and Conditions are drawn up in the Czech language. The Contract may be concluded in the Czech language unless the contracting parties expressly agree on another language.
   4. These Terms and Conditions apply to buyers who are entrepreneurs and to legal entities.
   5. By submitting an order, the buyer confirms that they have familiarized themselves with these Terms and Conditions.

2. Order and Conclusion of Contract

   1. The web interface contains a list of goods including a description of the main features of individual items. The presentation of goods on the web interface is for informational purposes only and does not constitute an offer by the Seller to conclude a contract within the meaning of Section 1732(2) of the Civil Code. In order to conclude a contract, the buyer must submit an order and the Seller must accept this order.
   2. The buyer places an order via the web interface or by telephone or e-mail communication. The order must always contain the exact name of the ordered goods (or their numerical designation), the number of items, the chosen method of payment and delivery, and the buyer’s contact details (name and surname or company name, Company ID, delivery address, telephone number, e-mail address).
   3. The Seller is not obliged to confirm the received order. An unconfirmed order is not binding on the Seller. The Seller is entitled to verify the order in case of doubts regarding its authenticity and seriousness. The Seller may refuse an unverified order.
   4. The Contract is concluded at the moment when the buyer receives the Seller’s acceptance of the binding order. If such acceptance does not occur, the Contract is concluded at the moment when the full purchase price is paid by the buyer.
   5. If the buyer cancels the order, the Seller is entitled to a cancellation fee amounting to 50% of the price of the goods. If the buyer cancels the order after the goods have been dispatched, the buyer may be required to reimburse costs associated with dispatch and return of the goods caused by the cancellation.

3. Delivery Terms

   1. The Seller is obliged to deliver the goods to the buyer in the agreed manner, properly packaged and accompanied by the necessary documents. Necessary documents include, in particular, instructions for use, certificates, and other documents required for acceptance and use of the goods. Unless agreed otherwise, the documents are provided in the Czech language.
   2. Based on an agreement between the contracting parties, the Seller may arrange transportation of the goods and insurance during transport for the buyer. The buyer is obliged to pay the cost of transportation and insurance according to the carrier’s valid tariff. Delivery of the goods to the buyer is deemed completed upon handover of the goods to the first carrier. Upon delivery, the risk of damage to the goods passes to the buyer.
   3. Before accepting the goods, the buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. A report shall be drawn up regarding the defects. If no defect report is drawn up, the buyer loses claims arising from damaged packaging.
   4. Immediately after accepting the goods, the buyer is obliged to inspect the goods, especially to check the number of items and their completeness. In case of discrepancies, the buyer must notify the Seller without undue delay, no later than 2 working days after receipt of the goods. The buyer is obliged to appropriately document the identified defects and send this documentation to the Seller together with the defect notification.

4. Payment Terms

   1. The web interface lists catalogue prices of goods excluding VAT. The Seller is entitled to provide the buyer with a discount from these prices, especially depending on the quantity of ordered goods or the buyer’s previous purchases.
   2. The buyer may pay the purchase price to the Seller, in addition to other methods stated on the web interface or individually agreed, by one of the following methods:
      
      
      1. in cash upon delivery (cash on delivery) or upon personal collection at the Seller’s contact address;
      2. by bank transfer prior to delivery of the goods to our bank account (instructions will be provided in the order confirmation);
      3. by bank transfer after delivery of the goods to our bank account.
   3. The Seller is entitled not to allow payment after delivery of the goods. This payment method is generally reserved for regular customers. Unless agreed otherwise, the invoice is enclosed with the goods together with the delivery note.
   4. In case of cash payment, the price is payable upon receipt of the goods. In case of non-cash payment, the price is payable within five days from receipt of the order, unless otherwise agreed by the contracting parties. In case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
   5. If the due date is not observed in accordance with these Terms and Conditions, the buyer may be charged default interest of 0.5% of the outstanding amount for each day of delay. The Seller’s claim for damages incurred due to the buyer’s delay is not affected.
   6. If the buyer is in default with payment of the purchase price, the Seller is also entitled to suspend further agreed deliveries of goods until all due obligations of the buyer are settled.
   7. Payment for goods is possible in Czech crowns (CZK) or euros (EUR).

5. Withdrawal from the Contract

   1. Until the goods are accepted by the buyer, the Seller is entitled to withdraw from the purchase contract at any time. In such a case, the Seller shall return the purchase price already paid by the buyer by bank transfer to the account communicated by the buyer for this purpose, or to the account from which the funds were transferred (if the buyer does not provide the account number within 5 days of withdrawal).
   2. The Seller is also entitled to withdraw from the Contract if the buyer is in delay with payment of the purchase price for more than 4 weeks.
   3. The buyer is entitled to withdraw from the Contract if the Seller is in delay with delivery of the goods for more than 4 weeks from the agreed delivery date.
   4. The buyer is not entitled to withdraw from the Contract with regard to goods that were delivered properly, on time, and without defects.
   5. Withdrawal from the Contract must be made in writing and, in the case of contracts concluded electronically, also electronically. Withdrawal becomes effective upon delivery of the notice of withdrawal to the other contracting party.

6. Rights Arising from Defective Performance

   1. The conditions for exercising rights arising from defective performance and warranty liability are governed by the Seller’s Complaints Procedure.

7. Protection of Trade Secrets and the Seller’s Business Policy

   1. When concluding the Contract and during its performance, the buyer may be provided with information marked as confidential or whose confidentiality follows from its nature. The buyer undertakes in particular to:
      
      
      1. keep such information confidential;
      2. not disclose it to any third party without the Seller’s consent;
      3. not use it for any purpose other than performance of the Contract;
      4. not use it in any other manner that could cause harm.
   2. The buyer further undertakes not to make copies of documents provided by the Seller without the Seller’s consent.
   3. The buyer is entitled to use the Seller’s trade name in its business activities if granted written consent by the Seller. Such use must not damage or endanger the Seller’s reputation.

8. Final Provisions

   1. If a relationship related to the use of the web interface or a legal relationship established by the Contract contains an international (foreign) element, the contracting parties agree that the relationship shall be governed by Czech law.
   2. If any provision of the Terms and Conditions is invalid, ineffective, or unenforceable, or becomes so, it shall be replaced by a provision whose meaning most closely corresponds to the invalid provision. The invalidity, ineffectiveness, or unenforceability of one provision shall not affect the validity of the remaining provisions. Amendments and supplements to the Contract or the Terms and Conditions must be made in writing.

These Terms and Conditions are valid and effective as of 1 January 2019