Terms and Conditions
These General Terms and Conditions (“Terms”) of LT Global s.r.o., with its registered office at Pekařská 348/97, Kateřinky, 747 05 Opava, Company ID (IČO) 29391342, VAT ID CZ29391342, registered in the Commercial Register under file no. C 38383 kept by the Regional Court in Ostrava, , e -mail info@solatech.cz, telephone no. +420 725 680 470 (“We” or the “Seller”) govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you as the buyer and us as the seller arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded via the e-shop on the website www.solatech.cz.
All information about the processing of your personal data is contained in the Privacy Policy, available here: http://www.solatech.cz/podminky-ochrany-osobnich-udaju/.
The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This shall not affect rights and obligations arising during the effectiveness of the previous wording of the Terms.
As you know, we communicate primarily remotely. Therefore, for our Agreement as well, means of distance communication are used that allow us to agree without the simultaneous physical presence of you and us. The Agreement is therefore concluded дистанne (at a distance) in the environment of the e-shop via the website interface (“e-shop web interface”).
If any part of the Terms contradicts what we have jointly confirmed during your purchase process in our e-shop, that specific agreement shall take precedence over the Terms.
I. DEFINITIONS
1. Price means the monetary amount you will pay for the Goods;
2. Shipping cost means the monetary amount you will pay for delivery of the Goods, including packaging;
3. Total price means the sum of the Price and the Shipping cost;
4. VAT means value added tax under applicable legislation;
5. Invoice means a tax document issued in accordance with the VAT Act for the Total price;
6. Order means your irrevocable offer to enter into an Agreement to purchase the Goods from us;
7. User account means an account created based on the data you provide, allowing storage of entered data and the history of ordered Goods and concluded Agreements;
8. You means the person purchasing in our e-shop, referred to by law as the buyer;
9. Goods means anything you can purchase in the e-shop.
II. GENERAL PROVISIONS AND INFORMATION
1. The purchase of Goods is possible only via the e-shop web interface.
2. When purchasing Goods, you are obliged to provide all information correctly and truthfully. We will consider the information you provided when placing the Order as correct and true.
III. CONCLUSION OF THE AGREEMENT
1. The Agreement with us can be concluded only in the Czech language.
2. The Agreement is concluded remotely via the e-shop. You bear the costs of using distance communication means. However, these costs do not differ from your basic rate for using such means (especially internet access). You should not expect any additional costs charged by us beyond the Total price. By submitting an Order, you agree that we use distance communication means.
3. To conclude the Agreement, you must create a draft Order in the e-shop. The draft must include the following:
a) Information about the Goods being purchased (in the e-shop you select the Goods by clicking “Add to cart”);
b) Information about the Price, Shipping cost, payment method for the Total price, and the requested delivery method; these are entered during the Order creation process in the e-shop user interface, and the Price/Shipping/Total price are displayed automatically based on your selection and delivery method;
c) Your identification and contact details needed for delivery, in particular name, surname, delivery address, telephone number and e-mail address;
d) In the case of an Agreement under which Goods will be delivered regularly and repeatedly, also information about the duration of such deliveries.
4. During the creation of the draft Order, you can change and review the data until the Order is created. After review, you create the Order by pressing the “Order with obligation to pay” button. Before pressing the button, you must confirm that you have read and agree to these Terms; otherwise the Order cannot be created. A checkbox is used for this confirmation. After pressing the “Order with obligation to pay” button, all completed information will be sent directly to us.
5. We will confirm your Order as soon as possible after we receive it by sending a message to the e-mail address provided in the Order. The confirmation will include an Order summary and these Terms. By our confirmation, the Agreement is concluded between you and us. The wording of the Terms effective on the Order date forms an integral part of the Agreement.
6. There may be cases where we cannot confirm the Order, especially if the Goods are unavailable or if you order more units than allowed. We will always provide the maximum quantity information in advance in the e-shop. If any reason prevents confirmation, we will contact you and send you an offer to conclude the Agreement in a modified form. In such case, the Agreement is concluded when you confirm our offer.
7. If an obviously incorrect Price is stated in the e-shop or in the draft Order, we are not obliged to deliver the Goods at that Price even if you received an Order confirmation and the Agreement was concluded. In such case we will contact you without undue delay and send you an offer to conclude a new Agreement in a modified form. The new Agreement is concluded when you confirm our offer. If you do not confirm our offer within 3 days from its dispatch, we are entitled to withdraw from the concluded Agreement. An obvious Price error includes, for example, a Price that does not correspond to the usual market price or a missing/extra digit.
8. Upon conclusion of the Agreement, you are obliged to pay the Total price.
9. If you have a User account, you may place an Order through it. Even in that case, you must verify the correctness, truthfulness and completeness of pre-filled data. The Order creation process is the same as for a buyer without a User account, with the advantage that you do not need to repeatedly enter your identification details.
10. In some cases, we allow discounts on the purchase of Goods. To apply a discount, you must enter the discount details in the designated field in the draft Order. If you do so, the Goods will be provided with the discount applied.
IV. USER ACCOUNT
1. Based on your registration in the e-shop, you can access your User account.
2. When registering, you must enter all data correctly and truthfully and update it in case of changes.
3. Access to the User account is secured by a username and password. You must keep these login details confidential and not provide them to anyone. If they are misused, we bear no liability.
4. The User account is personal and you are not entitled to allow its use by third parties.
5. We may cancel your User account, especially if you do not use it for more than 6 months or if you breach your obligations under the Agreement.
6. The User account may not be available continuously, especially due to necessary maintenance of hardware and software.
V. PRICING AND PAYMENT TERMS, RETENTION OF TITLE
1. The Price is always stated in the e-shop, in the draft Order, and in the Agreement. If there is a discrepancy between the Price shown for the Goods in the e-shop and the Price in the draft Order, the Price in the draft Order applies (and will match the Price in the Agreement). The draft Order also states the Shipping cost, or the conditions for free shipping.
2. The Total price is stated including VAT and all statutory fees.
3. We will require payment of the Total price after the Agreement is concluded and before delivery of the Goods. You can pay the Total price by the following methods:
a) Bank transfer. Payment details will be sent in the Order confirmation. In the case of bank transfer, the Total price is due within 3 days.
c) Cash on delivery. Payment is made upon delivery of the Goods against handover. In the case of cash on delivery, the Total price is due upon receipt of the Goods.
d) Cash upon personal pickup. Cash payment is possible when picking up the Goods at our premises. In that case, the Total price is due upon receipt of the Goods.
4. The Invoice will be issued electronically after payment of the Total price and will be sent to your e-mail address. The Invoice will also be enclosed with the Goods and available in the User account.
5. Title to the Goods passes to you only after you pay the Total price and take delivery of the Goods. In the case of bank transfer, the Total price is paid when credited to our account; in other cases, it is paid at the moment the payment is made.
VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
1. The Goods will be delivered according to your choice. You may choose from the following options:
- Personal pickup at the pick-up point in the warehouse in Ostrava
- Delivery via carriers PPL CZ, Top Trans, and our own transport;
2. Delivery is possible only within the Czech Republic.
3. Delivery time depends on availability of the Goods and the chosen delivery and payment method. The estimated delivery time will be stated in the Order confirmation. The time shown in the e-shop is indicative and may differ from the actual delivery time. In the case of personal pickup, we will notify you by e-mail when the Goods are ready for collection.
4. After taking delivery from the carrier, you must check the integrity of the packaging and, in case of any defects, notify the carrier and us without undue delay. If the packaging indicates unauthorized handling or intrusion into the shipment, you are not obliged to accept the Goods from the carrier.
5. If you breach your obligation to accept the Goods (except as per Article VI.4), this does not constitute a breach of our obligation to deliver the Goods. At the same time, failure to accept the Goods is not a withdrawal from the Agreement. However, in such case we have the right to withdraw from the Agreement due to your material breach. If we exercise this right, the withdrawal is effective on the day it is delivered to you. Withdrawal does not affect our claim for Shipping cost or compensation for any damage incurred.
6. If, for reasons on your side, the Goods are delivered repeatedly or by a method other than agreed in the Agreement, you must reimburse us for the costs associated with such repeated delivery. Payment details will be sent to your e-mail address stated in the Agreement and are due within 14 days of delivery of the e-mail.
7. The risk of damage to the Goods passes to you when you accept them. If you do not accept the Goods (except as per Article VI.4), the risk passes at the moment you had the opportunity to accept them, but acceptance did not occur for reasons on your side. From that moment, you bear all consequences of loss, destruction, damage or any other devaluation of the Goods.
8. If the Goods are not marked “in stock” in the e-shop and an estimated availability time is shown, we will always inform you in the event of:
a) an extraordinary production outage of the Goods, and we will inform you of the new expected availability or that delivery will not be possible;
b) a delay in delivery of the Goods from our supplier, and we will inform you of the new expected delivery time.
9. If we are unable to deliver the Goods even within 30 days after the delivery time stated in the Order confirmation has elapsed, for any reason, both we and you are entitled to withdraw from the Agreement.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. We guarantee that at the time the risk of damage passes to you under Article VI.7, the Goods are free from defects, in particular that:
a) they have the properties agreed with you; if not expressly agreed, then those stated in the description of the Goods or those that can be expected given the nature of the Goods;
b) they are suitable for the stated purpose or for the usual purpose of Goods of that type;
c) they correspond in quality or design to an agreed sample, if quality/design was determined by a sample;
d) they are in the corresponding quantity and weight;
e) they comply with legal requirements;
f) they are not encumbered by third-party rights.
2. Rights and obligations concerning defective performance are governed by applicable mandatory legislation (especially Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. If the Goods have a defect (especially if any of the conditions in Article VII.1 is not met), you may notify us of the defect and exercise rights from defective performance (make a claim) by sending an e-mail or letter to our addresses stated in our identification details. You may also use the template complaint form provided by us, which forms Annex No. 1 to the Terms. When exercising the right, you must choose how you want the defect resolved; you cannot subsequently change this choice without our consent, except as per Article 7.4. We will handle the claim according to the chosen right.
4. If the defective performance constitutes a material breach of the Agreement, you have the following rights:
a) removal of the defect by delivery of new defect-free Goods or delivery of missing parts;
b) removal of the defect by repair;
c) a reasonable discount from the Price;
d) withdrawal from the Agreement.
If you choose (a) or (b) and we do not remedy the defect within a reasonable time, or we inform you that we will not remedy it in that way, you have the rights under (c) and (d) even if you did not originally request them. If you choose repair and we find the defect is irreparable, we will inform you and you may choose another method.
5. If the defective performance constitutes a non-material breach of the Agreement, you have the following rights:
a) removal of the defect by delivery of new defect-free Goods or delivery of missing parts;
b) removal of the defect by repair;
c) a reasonable discount from the Price.
If we do not remedy the defect in time or refuse to remedy it, you are entitled to withdraw from the Agreement. You may also withdraw if you cannot properly use the Goods due to repeated defects after repair or a larger number of defects.
6. In the case of a material or non-material breach, you cannot withdraw from the Agreement or request delivery of a new item if you cannot return the Goods in the condition in which you received them. This does not apply if:
a) the condition of the Goods changed as a result of an inspection to determine a defect;
b) the Goods were used before the defect was discovered;
c) the inability to return the Goods unchanged was not caused by your action or omission;
d) you sold, consumed or altered the Goods under normal use before the defect was discovered; if only partially, you must return the part that can be returned, and the corresponding portion of the Price reflecting your benefit from use will not be refunded.
7. Within 3 days of receiving the claim, we will confirm by e-mail that we received it, when we received it, and the expected time for handling it. We will handle the claim without undue delay, no later than within 30 days from receipt. The time limit may be extended by mutual agreement. If the time limit expires in vain, you may withdraw from the Agreement.
8. We will inform you of the outcome by e-mail. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs, which you must document (e.g., receipts). If the defect is remedied by delivery of new Goods, you must return the original Goods; we bear the costs of the return shipment.
9. If you are an entrepreneur, you must notify and assert defects without undue delay after you could have discovered them, no later than within three days of receiving the Goods.
10. If you are a consumer, you are entitled to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months from receipt.
11. Provisions on defective performance do not apply to:
a) Goods sold at a lower Price for a defect for which the lower Price was agreed;
b) wear and tear caused by normal use;
c) used Goods for a defect corresponding to the degree of use or wear that the Goods had upon receipt;
d) cases arising from the nature of the Goods.
VIII. WITHDRAWAL FROM THE AGREEMENT
1. Withdrawal from the Agreement (termination of the contractual relationship from the beginning) may occur for the reasons and in the ways stated in this Article or in other provisions of the Terms where withdrawal is expressly stated.
2. If you are a consumer (purchasing outside your business activity), you have the right under Section 1829 of the Civil Code to withdraw from the Agreement without giving any reason within 14 days from the day of delivery of the Goods. If the Agreement concerns several types of Goods or delivery in several parts, the period starts on the day the last part is delivered. If the Agreement provides for regular repeated deliveries, the period starts on the day of the first delivery. You may withdraw by any provable means (especially by e-mail or letter to our addresses stated in our identification details). You may also use the template withdrawal form provided by us, which forms Annex No. 2 to the Terms.
3. However, even as a consumer you may not withdraw in cases where the subject of the Agreement is:
a) Goods whose Price depends on fluctuations of the financial market independent of our will and which may occur during the withdrawal period;
b) delivery of alcoholic beverages deliverable only after 30 days and whose Price depends on market fluctuations independent of our will;
c) Goods modified according to your wishes or for your person;
d) perishable Goods, or Goods irreversibly mixed with other goods after delivery;
e) Goods in sealed packaging which you removed from the packaging and which cannot be returned for hygiene reasons;
f) delivery of audio/video recordings or computer software if the original packaging has been broken;
g) delivery of newspapers, periodicals or magazines;
h) delivery of digital content not supplied on a tangible medium if delivered with your prior express consent before the expiry of the withdrawal period and we informed you that you have no right to withdraw.
4. The withdrawal period under Article VIII.2 is deemed complied with if you send the withdrawal notice within that period.
5. In case of withdrawal, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was received, or to another account specified in the withdrawal. However, the refund will not be made before you return the Goods to us or prove that you sent them back. Please return the Goods clean, preferably including the original packaging.
6. In case of withdrawal under Article VIII.2, you must send the Goods to us within 14 days from withdrawal and you bear the costs of returning the Goods. You are entitled to a refund of the Shipping cost, but only up to the amount corresponding to the cheapest delivery method we offered. If you withdraw because we breached the Agreement, we bear the costs of return shipment, again only up to the amount of the Shipping cost corresponding to the cheapest delivery method we offered.
7. You are liable for damage if the Goods are damaged due to handling beyond what is necessary given their nature and characteristics. We will invoice the damage after the Goods are returned; the invoice is due within 14 days. If we have not yet refunded the Price, we are entitled to set off our claim against your claim for the refund.
8. We are entitled to withdraw from the Agreement at any time before delivering the Goods if there are objective reasons why delivery is not possible (especially reasons on the part of third parties or due to the nature of the Goods), including before the expiry of the period stated in Article VI.9. We may also withdraw if it is apparent that you intentionally provided incorrect information in the Order. If you purchase as an entrepreneur within your business activity, we are entitled to withdraw at any time, even without stating a reason.
IX. CONSUMER DISPUTE RESOLUTION
1. We are not bound by any codes of conduct towards buyers within the meaning of Section 1826(1)(e) of the Civil Code.
2. We handle consumer complaints via the e-mail address info@solatech.cz. We will send information about the complaint outcome to the buyer’s e-mail address.
3. The competent body for out-of-court resolution of consumer disputes arising from the Agreement is the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869. The online dispute resolution platform is available at http://ec.europa.eu/consumers/odr.
4. European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Praha 2, http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 on online consumer dispute resolution.
X. FINAL PROVISIONS
1. If our legal relationship contains an international element (e.g., we ship goods outside the Czech Republic), it shall always be governed by the law of the Czech Republic. If you are a consumer, your rights arising from mandatory legal provisions are not affected by this agreement.
2. We will deliver all written correspondence to you by e-mail. Our e-mail address is stated in our identification details. We will deliver correspondence to your e-mail address stated in the Agreement, User account, or from which you contacted us.
3. The Agreement may be amended only by our written agreement. However, we are entitled to amend and supplement these Terms; such changes do not affect Agreements already concluded, but only Agreements concluded after the effective date of the change.
4. In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, supplier outages, etc.), we are not liable for damage caused as a result of or in connection with such force majeure, and if the force majeure lasts longer than 10 days, both we and you have the right to withdraw from the Agreement.
5. The annexes to the Terms include a template complaint form and a template withdrawal form.
6. The Agreement including the Terms is archived electronically by us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by e-mail, so you can access the Agreement without our assistance. We recommend saving the Order confirmation and the Terms.
7. These Terms are effective from 5 June 2023.
Addressee: LT Global s.r.o., Pekařská 348/97, Kateřinky, 747 05 Opava
Complaint submission
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Goods being complained about: |
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Description of defect(s): |
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Proposed method of complaint resolution / bank account number for a discount refund (if applicable): |
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I also request issuance of a confirmation of the complaint, stating when it was submitted, what the complaint concerns together with my claim, including the date and method of complaint resolution.
Date:
Signature:
ANNEX NO. 2 – WITHDRAWAL FROM AGREEMENT FORM
Addressee: LT Global s.r.o., Pekařská 348/97, Kateřinky, 747 05 Opava
I hereby declare that I withdraw from the Agreement:
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Specification of the Goods covered by the Agreement: |
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Method of refund / bank account number (if applicable): |
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If the buyer is a consumer, they have the right—where they ordered Goods via the LT Global s.r.o. e-shop (“Company”) or another means of distance communication—except for cases listed in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the already concluded purchase agreement within 14 days from the day of receiving the Goods, without stating a reason and without any penalty. The buyer shall notify the Company of the withdrawal in writing to the Company’s establishment address or electronically to the e-mail stated in the template form.
If the consumer-buyer withdraws from the purchase agreement, they shall send or hand over to the Company, without undue delay, no later than within 14 days from withdrawal, the Goods they received from the Company.
If the consumer-buyer withdraws from the purchase agreement, the Company shall refund, without undue delay, no later than within 14 days from withdrawal, all funds received (purchase price of the delivered Goods) including delivery costs, in the same manner. If the buyer chose a delivery method other than the cheapest offered, the Company will refund delivery costs only up to the amount corresponding to the cheapest offered delivery method. The Company is not obliged to refund funds before the buyer hands over the Goods or proves that the Goods were sent back to the Company.