Business Terms and Conditions

Contact information

Name: Ing. Zdeněk Kleprlík - VesteGlass
Headquarters: Dedinova 2011/19, 148 00 Prague 4, Czech Republic (The European Union)

Business ID No.: 865 66 962, Tax ID No.: CZ7009072840 (ARES)
Trade certificate issued by Trade Office in Prague 4 under File No. 2002/01459/fyz.,
Reg. No. 310011-56648-00
On 28.08.2002

Land Line: +420 272.934.117
Mobile: +420 721.724.849
Email: [email protected]

Contact address: Dedinova 2011/19, 148 00 Prague 4
Opening hours: Mon - Fri 8:00 - 17:00

Information

The goods and price information provided by the Seller are binding except for obvious errors.

Prices are presented including all taxes and delivery costs.

The shipping price for goods is stated as a separate item. The shipping price is based on the weight of the ordered goods and the selected destination.

Methods of receiving payment for ordered goods:

• Credit card payment - VISA, VISA Electron, Maestro, MasterCard.
• Payments are carried out through ComGate (Raiffeisenbank, a.s).
• Payment by bank transfer based on the submitted PDF invoice.

Payment upon receipt of goods sent by the COD method. This form of payment can be used when ordering goods from the Czech Republic and Slovakia.

Goods delivery

The Seller shall deliver the goods to the Purchaser in full, within 21 days of the order confirmation, unless another delivery period is specified for the individual goods. If "in stock" is indicated by the goods, the Seller will send the goods within three working days at the latest. The Purchaser is obliged to take over the goods and pay them. The Purchaser is encouraged to review the goods as soon as possible.

The goods documents, especially the tax document, confirmation and certificates, shall be sent by the Seller to the Purchaser immediately after receipt of the goods, no later than two days after the goods have been taken over by the consumer.

Price and delivery method – more information

Order cancellation and withdrawal from the agreement

The Purchaser may withdraw from the agreement within 30 days of receipt of the goods or the last part of the delivery, regardless of the manner of taking over the goods or payment method. This time limit is intended to ensure that the Purchaser becomes reasonably familiar with the nature, characteristics and functionality of the goods.

The Purchaser is entitled to withdraw from the agreement at any time prior to the goods delivery.

The Purchaser sends the withdrawal to the Seller within 30 days. The Purchaser doesn’t need to state the reason for withdrawal from the agreement. In order to facilitate communication, in the withdrawal it’s advisable to include the date of purchase or the agreement number/sales receipt, bank details and the selected way of returning the goods.

The Seller is obliged to refund the Purchaser with the amount fully corresponding to the price of the goods and the paid delivery costs within 14 days of withdrawal from the agreement in the same manner that the payment was received from the Purchaser. If the Seller offers several options under a particular delivery method, they are obliged to compensate the cheapest one to the Purchaser. At the latest within the same timeframe, the Purchaser is required to send or hand over the purchased goods to the Seller. The goods should be returned to the Seller (not COD) in a complete state, preferably in the original packaging, not showing signs of wear or damage. The cost of returning goods is borne by the Purchaser.

If the Purchaser returns the goods in person to the Seller's premises, the Seller returns to the Purchaser the above-mentioned payments within 7 days of withdrawal from the agreement.

If the returned goods are damaged by a breach of the Purchaser's obligations, the seller is entitled to claim against the Purchaser a compensation for a reduction in the value of the goods and count it to the refunded amount.

A template for withdrawal from the agreement is available here.

Rights and obligations of defective performance

The quality of goods when taken over

If the goods are defective (for example, they don’t have the agreed or legitimate expected properties, they are not suitable for the usual or agreed purpose, they are incomplete, their quantity, degree, weight or quality doesn’t conform with other legal, contractual or even pre-contractual parameters), the Seller is responsible for this kind of defect.

The Purchaser may claim (free of charge) for the defects removal or a reasonable discount from the Seller, at the latest within two years of the receipt of the goods upon their request; if the nature of the defect isn’t disproportionate (in particular, if the defect can’t be eliminated without undue delay), the requirement to deliver a new item without defects or a new component without defects can be applied if only that part is defective.

If the repair or replacement of goods isn’t possible, the Purchaser may request a full refund for the purchase price on the basis of withdrawal from the agreement.

Within six months of receipt of the goods, it’s assumed that the goods defect already existed upon receipt.

The Seller isn’t obliged to accept the Purchaser's claim if it’s proved that the Purchaser was aware of, or was responsible for the goods defect.

For items sold at a lower price, the Seller isn’t responsible for the defect for which the lower price was agreed. Instead of a right of exchange, the Purchaser has the right to a reasonable discount in this case.

Legal rights from defects

The Seller is responsible for defects occurring upon receipt of the goods during the 24-month warranty period or at the time of usability stated in the advertisement, on the packaging or in the accompanying instructions.

Within this period, the Purchaser may claim and at their own discretion they can request the following for a defect that constitutes a material breach of the agreement (regardless of whether the defect is removable or irremovable):

• Removal of the defect by delivering a new item without defect or delivery of the missing item;

• Free repair of the defect;

• A reasonable discount on the purchase price; or

• Refund of the purchase price on the basis of withdrawal from the agreement.

A substantial breach of the agreement is a breach, whereby the party in breach of the agreement already knew when concluding the agreement or the party had to know that if the other party foreseen this breach, they wouldn’t have concluded the agreement.

For a defect that implies an irrelevant breach of the agreement (regardless of whether the defect is removable or not), the Purchaser is entitled to removal of the defect or a reasonable discount on the purchase price.

If the removable defect has been repeatedly repaired (third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (at least three defects at the same time), the Purchaser may exercise the right to a discount on the purchase price, the exchange of goods or a withdrawal from the agreement.

The Seller isn’t responsible for defects resulting from normal wear and tear or non-compliance with the instructions for use.

 

Claims handling

The Purchaser is required to file a claim with the Seller or person authorised to repair without undue delay from the time of the issue’s discovery. If they do so in writing or electronically, they should provide their contact details, a description of the defect and a request for a complaint settlement.

Download the form here.

The Purchaser is required to notify the Seller of the right they have chosen when reporting the defect or without undue delay after notice of the defect has been given. Change of choice without the Seller's consent is only possible if the Purchaser has requested a repair of a defect that proves to be irremovable.

If the Purchaser doesn’t choose their right to a substantial breach of the agreement in a timely manner, they have the same rights as in the case of an irrelevant breach of the agreement.

The Purchaser is required to prove the purchase of the goods (preferably by proof of purchase). The time limit for handling the claim starts from the delivery of the goods to the Seller or to the place of repair. The goods should be packed in suitable packaging when shipped in order to avoid damage, it should be clean and complete.

The Seller is obliged to decide on the complaint at the latest within three business days or, if necessary, to state the need for expert judgment. Information on the need for expert judgment shall be communicated to the Purchaser within this period. Claims, including removal of a defect, shall be handled by the Seller without undue delay, no later than 14 days after its application unless the Purchaser agrees in writing for a longer period of time. Upon expiry of this period, the Purchaser has the same rights as in case of a substantial breach of the agreement.                   

If the Seller refuses to remove the defect, the Purchaser may demand a reasonable price discount or withdrawal from the agreement.

The warranty period shall be extended from the time the claim is made to its settlement or until the time the Purchaser is obliged to collect the goods. When the goods or parts of the goods are replaced, the seller’s liability applies as in the case of the purchase of a new item or a part of it.

If it’s not possible to monitor the state of the complaint settlement online, the seller undertakes to inform the Purchaser on the claim by e-mail or by SMS.

In the case of an eligible claim, the purchaser will be entitled to a refund of the expense actually incurred.

Protection of personal data (GDPR)

In accordance with the provisions of Section 5, paragraph 2 of Act No. 101/2000 Coll. on the Protection of Personal Data as amended, the Purchaser grants the Company, on a voluntary basis, the consent to the collection and processing of their personal data to the extent and for the purposes stated below for an indefinite time period. The Purchaser confirms that they are informed that their personal data in the specified extent, i.e. their name and surname, address, telephone number, e-mail address, Business ID and VAT number will be processed by the manufacturer for the purpose of registering and executing orders for Internet shop customers at www.czechchaneliers.com  as well as offering trades, services and marketing purposes, and that the data will be maintained by the manufacturer without time limit. Processed personal data is accessible to the manufacturer and their staff and can be passed to another manager.

The purchaser was further advised that the manufacturer’s contact person would communicate the information pursuant to Section 12 of the Personal Data Protection without undue delay and the right to ask the manufacturer for explanation and removal of the undesirable condition pursuant to Section 21 of the Personal Data Protection Act. The Purchaser undertakes to report any change in the personal data processed without undue delay. The Purchaser declares that consent to the processing of personal data is given freely, seriously, definitely and comprehensibly, with full knowledge of the possible consequences and with the instruction on the rights resulting from the Personal Data Protection Act.

Use of remote means of communication

The Purchaser agrees to use remote means of communication when concluding the purchase agreement. Costs incurred to the Purchaser when using remote means of communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) are borne by the Purchasers themselves and are governed by the prices set by the service provider’s.

Duration of the liability

Liabilities arising from the contracts entered into on the basis of these business terms and conditions are concluded for an indefinite period and the conditions for their termination are governed by these business terms and conditions, purchase agreement and generally binding legal regulations.

These Business Terms and Conditions become effective on the 1st of January 2018.
www.czechchandeliers.com

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