Terms & Conditions

1. INTRODUCTORY TERMS

 

1.1. These terms of business (hereinafter referred to as " Terms of Business ") for the company Donoci s.r.o., with registered office at Pražská 2532/4, Blansko 678 01, ID no. 47539569 (hereinafter referred to as the " seller ") in accordance with Law no. 89/2012 Coll., Civil Code (hereinafter referred to as the " Civil Code ", the provisions of Article 1751 determine the mutual rights and obligations of the contracting parties established in connection with the purchase contract (hereinafter referred to as the " purchase contract ") or resulting from it (concluded between the seller and other organizations (hereinafter referred to as the " buyer ") using the seller's online store).The online store is managed by the Seller on the website www.homdec.lv (hereinafter referred to as the " website ") using the website interface (hereinafter referred to as the " online store web interface ").

 

1.2. Terms that differ from business terms may be agreed in the purchase agreement. The purchase agreement takes precedence over the terms in the business rules.

 

1.3. The provisions of the Terms of Business are an integral part of the purchase agreement. The purchase agreement and business terms are written in Latvian. The purchase contract can be concluded in Latvian.

 

1.4. The terms of business may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising at the time of entry into force of the previous version of the Business Terms.

  2. USER ACCOUNT

 

2.1. When the buyer registers on the website, the buyer can access his user interface. From this user interface, the buyer can order goods (hereinafter referred to as " user account "). The buyer can also order goods without registration directly from the web interface of the online store.

 

2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and true data. The buyer is obliged to update the data entered in the user account when making any changes. The seller considers the data provided by the buyer in the user account and when ordering the goods to be true.

 

2.3. User account access is provided by username and password. The buyer is obliged to maintain the confidentiality of the information required to access his user account.

 

2.4. The buyer is not entitled to allow third parties to use the user account.

 

2.5. The seller may delete the user account, especially if the buyer does not use its user account for more than 30 days or if the buyer violates its obligations arising from the purchase agreement (including the Business Terms and Conditions).

 

2.6. The buyer acknowledges that the user account may not be available continuously, especially for the necessary maintenance of the seller's hardware and software or the necessary maintenance of the hardware and software of third parties.

 

2.7. The buyer has the right to add a review of the purchased goods on the seller's website in accordance with the conditions specified in point 2.8, about which he is informed by e-mail after purchasing the goods from the seller.

 

2.8. The buyer can add a review using his user account, as defined in clause 2 of the Terms, if he already has an account or has created one using the e-mail link specified in the previous clause, after entering his name, surname and e-mail address . The seller informs the buyer that the buyer's personal data entered by the buyer when adding a review is processed by the seller in order to fulfill the seller's legal obligation to ensure that the published reviews come from consumers who have actually used or purchased the product, as long as the review is published on the seller's website. The buyer has the right to request the seller to stop processing the buyer's personal data for this purpose and the seller will comply with such requests without delay, but in this case the seller will remove the feedback added by the buyer on its website. The buyer confirms it.

 

2.9. The seller has the right to delete reviews that are not related to the goods purchased by the buyer from the seller. The seller reserves the right to delete reviews that do not evaluate the product itself, or reviews that contain vulgar expressions, offensive and racist content, political opinions, links to other websites or bad morals.

 

   3. CLOSURE OF THE PURCHASE AGREEMENT

 

3.1. All types of presentation of goods placed in the web interface of the online store are of an informative nature, and the seller is not obliged to conclude a contract for the purchase of these goods. The provisions of Article 1732, Paragraph 2 of the Civil Code do not apply.

 

3.2. The web interface of the online store contains information about the goods, including the prices of individual goods and the cost of returning goods, if these goods cannot be returned as usual by post due to their nature. Product prices include VAT and all related costs. Product prices remain valid as long as they are displayed in the web interface of the online store. This provision does not limit the seller's ability to conclude a purchase contract with individually agreed conditions.

 

3.3. The web interface of the online store also contains information about the costs associated with packaging and delivery of goods. The information listed in the web interface of the online store about the costs associated with packaging and delivery of goods applies only to cases when the goods are delivered in the territory of the Republic of Latvia.

 

3.4. To order goods, the buyer fills out the order form in the web interface of the online store. Specifically, the order form contains information about:

·         ordered goods (the buyer adds the ordered goods to the virtual shopping cart in the online store in the web interface),

·         the method of payment of the purchase price of the goods, information about the required delivery method of the ordered goods and

·         Information about the costs associated with the delivery of goods (hereinafter - " order ").

3.5. Before submitting the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, taking into account the possibility of the buyer to find out and correct the errors that occurred when entering the data in the order. The buyer submits the order to the seller by clicking the "Finish order" button. The seller considers the data listed in the order to be correct. Immediately after receiving the order, the seller confirms receipt to the buyer by e-mail, to the buyer's e-mail address saved in the user account or entered in the order (hereinafter - " buyer's e-mail address ").

 

3.6. Depending on the type of order (quantity of goods, purchase price, estimated delivery costs), the seller is always entitled to request additional order confirmation from the buyer (for example, in writing or by telephone).

 

3.7. Contractual relations between the seller and the buyer arise after the delivery of the ordered goods to the address specified by the buyer in the order.

 

3.8. The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer through the use of distance communication means related to the conclusion of the purchase contract (internet connection costs, telephone conversation costs) are covered by the buyer, and these costs do not differ from the basic rate.

 

   4. PRICE OF GOODS AND TERMS OF PAYMENT

 

4.1. The price of the goods offered on the seller's website is inclusive of value added tax and all related fees.

 

4.2. The buyer can pay the price of the goods and all costs related to the delivery of the goods in accordance with the purchase contract to the seller in the following ways:

·         in cash upon delivery to the place specified in the buyer's order;

·         by bank transfer to the seller's bank account no. IBAN: CZ5520100000002600287120, BIC/SWIFT: FIOBCZPPXXX, located in the FIO bank (hereinafter referred to as " seller's account ");

·         cashless purchase using the online payment system;

·         by credit card;

  

4.3. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods for the specified amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

 

4.4. The seller does not require the buyer to pay a deposit or other similar payment. This does not affect Article 4.6 of the Business Rules. point, on the obligation to pay the purchase amount in advance.

 

4.5. If payment is made in cash or on delivery, the purchase price is paid upon receipt of the goods. When making a non-cash payment, the purchase amount is paid within 7 days after the order is fulfilled.

 

4.6. In the case of non-cash payment, the buyer is also obliged to indicate the variable symbol that he/she received during the execution of the order. In the case of non-cash payment, the buyer's obligation to pay the purchase amount is fulfilled when the relevant amount is credited to the seller's account.

 

4.7. The seller is entitled, in particular, if the buyer does not provide additional confirmation of the order (Article 3.6), before sending the goods to the buyer, to demand payment of the entire purchase amount. The provisions of Article 2119, paragraph 1 of the Civil Code do not apply.

 

4.8. All product price discounts provided by the seller to the buyer cannot be combined.

 

4.9. If it is customary in business relations or if it is provided for by generally binding legal acts, the seller must: provide the buyer with a tax document - an invoice for payments made in accordance with the purchase agreement. The seller is a VAT payer. Tax document - an invoice will be issued to the buyer after payment of the goods, and this invoice will be sent electronically to the buyer's e-mail address.

 

4.10. It is possible to request a change in the invoice, unless it is a change due to a change in the delivery of goods or a correction of an obvious inaccuracy in the original invoice (for example, a typographical error, an incorrect quantity of the goods indicated in the invoice, etc.) ), only on the third day of the month after the date of the issued invoice. Then changes are no longer possible.

 

4.11. According to the Sales Registration Law, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the remittance received with the tax administrator online; in case of technical failure, within 48 hours at the latest.

 

   5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

 

5.1. The buyer acknowledges that, in accordance with the provisions of Article 1837 of the Civil Code, it is not possible to withdraw from the purchase contract from the delivery of goods that have been changed according to the buyer's wishes, or to a person from the contract for the delivery of perishable goods, as well as goods that after delivery have been irreversibly mixed with other goods, from the contract for the delivery of goods in packaging, which the consumer has removed from the packaging and which cannot be returned due to hygiene reasons, as well as from the purchase contract for the delivery of audio or video recordings or computer software, if the buyer has damaged the original packaging.

 

5.2. If it is not 5.1 of the Business Rules. The case mentioned in the article or any other case where the purchase contract cannot be revoked, the buyer has the right to withdraw from the purchase contract within fourteen (14) days after receiving the goods, in accordance with Article 1829 of the Civil Code. If the subject of the purchase contract is the delivery of several types of goods or several parts, this period starts from the day of receipt of the last delivery of the goods. Within the term indicated in the previous sentence, the seller must send a refusal from the purchase contract. To cancel the contract, the buyer can use the online contact form provided by the seller . The buyer can send a refusal from the purchase contract to the seller's registered address in the office or by using the contact form .

 

5.3. In the event that the purchase contract is refused in accordance with 5.2 of the Business Rules. Points, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of the refusal of delivery to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by any other means than by post due to their nature.

 

5.4. If the contract is withdrawn in accordance with Business Rules 5.2. Item, within fourteen (14) days of the return of the money received from the buyer, the seller receives back the funds received by the buyer in the same way as the seller received the funds from the buyer. The seller also has the right to a refund of the payment provided by the buyer at the time when the buyer returned the goods or otherwise, if the buyer agrees to this and if it does not cause additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the money received to the buyer before the buyer returns the goods or proves that the goods were sent to the seller. In case the buyer has paid for the product with a gift voucher, the seller will return the gift voucher. If the goods were partially paid for with a gift voucher, the seller will return the amount partially in the form of a gift voucher in the amount in which the purchase amount was paid.

 

5.5. The seller is entitled to unilaterally set off the claim for compensation of the goods against the buyer's claim for the refund of the purchase price.

 

5.6. The seller reserves the right to withdraw from the purchase contract in the following cases:

a) if the buyer unlawfully tries to withdraw from the purchase contract and the resulting inability to contact him about further action;

b) if the buyer claims the goods, when this claim is found to be unfounded and the resulting inability to contact him about further action;

c) if the buyer demands the goods, when this demand will be recognized as unfounded and the buyer clearly informs the seller that he (the buyer) is no longer interested in the goods;

d) if the buyer requests the goods, when the seller sends the goods back to the address of the buyer, who does not accept the goods, and the goods are returned to the seller;

e) in all other cases when the buyer has sent the goods to the seller's address without any information and subsequent inability to contact the buyer.

 

In addition, the seller reserves the right to cancel the buyer's order until the buyer receives the goods. In such cases, the seller without undue delay returns to the buyer all funds related to the order from the buyer by non-cash transfer to the bank account indicated by the buyer.

 

5.7. If the buyer is given a gift together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition - if the buyer refuses the contract, the gift contract for such a gift becomes invalid and the buyer is obliged to return the gift together with the goods to the seller.

 

5.8. Bulbs (light sources) that are delivered as a gift or completely free of charge with purchased lights are a promotional item. They are not covered by warranty.

 

5.9. The buyer - the consumer has the right to withdraw from the purchase contract. If the buyer is an entrepreneur and has entered the NMR code or VAT number in the order, then he/she is no longer a consumer. For this reason, according to Article 1829 of the Civil Code, the buyer does not have the right to return the goods within 14 days after the delivery of the goods.

 

   6. TRANSPORT AND DELIVERY OF GOODS

 

6.1. If a shipping method is agreed upon based on the buyer's specific request, the buyer assumes the risk and all additional costs associated with that shipping method.

 

6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods after delivery.

 

6.3. If the goods need to be re-supplied for reasons of the buyer or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the re-delivery of the goods, respectively, to cover the costs associated with another shipping method.

 

6.4. Upon receiving the goods from the carrier, the buyer is obliged to check the contents of the packaging of the goods and, in case of defects, to notify the carrier immediately. If the package proves tampering with the shipment, the buyer is not obligated to accept such shipment from the carrier. The buyer is also obliged to check whether he has received the requested quantity of goods upon receiving the goods from the courier. Any questions should be contacted as soon as possible (within 2 business days at the latest) so that we can begin to address the matter and successfully resolve any discrepancies.

 

6.5. After placing the order, the customer will receive a link to track the package. In the event that the package appears as delivered, but the recipient has not received it, the recipient is obliged to inform the sender about the shipment as soon as possible, no later than 5 days after the delivery date indicated in the carrier's tracking.

 

6.6. Other rights and obligations of the parties related to the transportation of goods may be changed by the seller.
Special delivery conditions if such conditions are issued by the seller.

 

   7. RIGHTS IF THE PRODUCT IS DEFECTIVE

 

7.1. The rights and obligations of the contracting parties regarding incomplete performance are regulated by the relevant generally binding legal acts (in particular, Sections 1914-1925, Sections 2099-2117 and Sections 2161-2174 of the Civil Code and Law No. 634/1992 Coll., On consumer protection, with amendments).

 

7.2. The seller guarantees to the buyer that there are no defects in the goods upon receipt. Namely, the seller guarantees to the buyer that at the moment when the buyer accepted the goods:

·         the goods have the characteristics agreed upon by the parties and, in the absence of a contract, the goods have the characteristics described by the seller or manufacturer or expected by the buyer in relation to the nature of the goods and the advertising made,

·         the goods are suitable for the purpose specified by the seller or goods of this type are commonly used,

·         the goods conform to the quality or design of the agreed sample or template, if the quality or design was determined in accordance with the agreed sample or template,

·         the goods have the appropriate amount, quantity or weight and

·         the goods comply with the law.

 

7.3. Goods intended for consumers have a warranty period of 2 to 5 years (from 24 to 60 months); for each individual product, the specific warranty period is always indicated in the product description. In the case of a legal entity, the warranty period for all goods is 12 months.

 

7.4 Business Rules 7.2. the provisions of Article do not apply to goods sold at a lower price, to a defect for which a lower price has been agreed upon, to wear and tear of the goods caused by its normal use, if it is used, the goods have a defect corresponding to the degree of use or wear and tear that the goods were when the buyer received the goods or if it is due to the nature of the goods.

 

7.5. If the defect occurs within six months of receiving the goods, the goods are considered to be defective upon receipt. The buyer is entitled to exercise the right to a defect arising in consumables within 24 months after receiving the goods.

 

7.6. The buyer exercises the right to incomplete performance at the premises of the seller's company, where it is possible to accept a complaint regarding the assortment of goods sold, possibly at the registered office or place of business. Return conditions.

 

7.7. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller

 

7.8. In the event that the buyer reimburses the transport costs according to the goods claim, the buyer is entitled to receive the transport cost reimbursement only for the lowest amount offered.


7.9. The seller hereby informs the buyer that goods containing chemical adhesives or other compounds may have an odor after unpacking. The products are not chemically or physically harmful, the smell disappears after a short time. Therefore, such goods cannot be considered as defective goods.

 

7.10. The seller warns the buyer that the actual colors of the goods may differ slightly from the colors shown in the photos, depending on the monitor/phone settings and type. The actual colors of the products are indicated in the description of these products.

 

   8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

 

8.1. The buyer acquires ownership rights to the goods at the moment when the buyer pays the total purchase price of the goods and the goods are accepted by the buyer.

 

8.2. In relation to the buyer, the seller is not bound by any code of conduct pursuant to Article 1826(1)(e) of the Civil Code.

 

8.3. Consumer complaints are processed by the seller using the contact form. The seller sends a notification about settling the buyer's complaint to the buyer's e-mail address.

 

8.4. In the event that the buyer is a consumer according to the applicable laws, and a consumer dispute arises between Donoci s.r.o. and the buyer, which cannot be resolved by agreement, the buyer acknowledges that he/she has the right to submit a proposal for the out-of-court settlement of such a dispute. The Czech Trade Inspection Authority is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The registered office of the Czech Trade Inspection Authority is Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.

 

8.5. The European Consumer Center of the Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a member of the European Parliament and Regulation (EU) No. 524/2013 and the decision of the Council of 21 May 2013 on the resolution of consumer disputes online and which amends Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

 

8.6. The seller is entitled to sell goods on the basis of a trade license. Trade control within the scope of its activity is carried out by the relevant Trade Licensing Office. Personal data protection supervision is carried out by the Personal Data Protection Office. The Czech Trade Inspection Authority supervises to a limited extent compliance with Law no. 634/1992 Coll. On consumer protection with amendments.

 

8.7. The buyer hereby assumes the risk of changing circumstances within the meaning of Article 1765, paragraph 2 of the Civil Code.

 

8.8. Protection of personal data is ensured in accordance with applicable law, in particular Regulation 2016/679 of the European Parliament and of the Council, and in accordance with the privacy policy listed on this website.

 

   9. DELIVERY

 

9.1. It can be delivered to the buyer's email address.

 

   10. FINAL PROVISIONS

 

10.1. If the relations established in the purchase contract contain an international (foreign) element, the parties agree that these relations are governed by Czech law. This will not affect consumer rights arising from generally binding legal provisions.

 

10.2. If any provision of the Terms of Business is invalid or becomes invalid, the invalid provision shall be replaced by the provision having the closest meaning to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity and effectiveness of the other provisions.

 

10.3. The purchase agreement, including the Terms of Business, is archived by the seller in electronic form and is not accessible.

 

10.4. The Annex to the Terms of Business is a sample form for withdrawing from the purchase contract.

 

10.5. Seller contact information: delivery address: Pražská 2532/4, Blansko 678 01, phone 67660665 .

Blansko on May 25, 2020