Terms of Service

TERMS AND CONDITIONS

commercial companies

Solemarket s.r.o.

1. INTRODUCTORY PROVISIONS
• These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Solemarket s.r.o., with its registered office at U Stadionu 922, Nové Strašecí, 271 01, Czech Republic, identification number: 21369143, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 400807 (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.solemarket.eu (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
• The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his/her business or in the course of his/her independent exercise of his/her profession.
• Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
• The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The contract of sale may be concluded in the Czech language.
• The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. ORDERING GOODS
• The web interface of the shop allows the buyer to order goods without registration directly from the web interface of the shop.
• When ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The information provided by the Buyer when ordering goods is considered correct by the Seller.
• The Buyer acknowledges that the Seller's website solemarket.eu may not be available around the clock, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
• All presentation of the goods on the web interface of the shop is informative and the Seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732(2) of the Civil Code shall not apply.
• The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if they cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. Prices of goods are not adjusted to the buyer's personality based on automated decision making. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
• The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods, and the method and time of delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic and the Slovak Republic. In the case where the Seller offers free delivery of the goods, the right to free delivery of the goods on the part of the Buyer is conditional upon payment of the minimum total purchase price of the goods to be delivered in the amount specified in the web interface of the shop. In the event that the Purchaser partially withdraws from the Purchase Agreement and the total purchase price of the goods for which the Purchaser has not withdrawn from the Purchase Agreement does not reach the minimum amount required for the right to free transport of the goods under the preceding sentence, the Purchaser's right to free transport of the goods shall cease and the Purchaser shall be obliged to pay the Seller for the transport of the goods.
• To order the goods, the Buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
• the goods ordered (the goods ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the shop),
• the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
• information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
• Prior to sending the Order to the Seller, the Buyer is allowed to check and change the input data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from the input of data into the Order. The Buyer sends the order to the Seller by clicking on the "Order binding payment" button. The data provided in the order are considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
• Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
• The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
• The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
• The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:
• in cash at the Seller's premises at U Stadionu 922, Nové Strašecí, 271 01, Czech Republic;
• in cash or by cashless card on delivery at the place specified by the Buyer in the order;
• by wire transfer to the Seller's account No. 2902828244/2010, maintained with FIO a.s. (hereinafter referred to as the "Seller's account");
• in cash via the Shopify payment system;
• in cash or by credit card upon personal collection at the dispatch office.
• Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
• The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
• In the case of payment in cash, on delivery or at a dispatch office, the purchase price is payable on receipt of the goods. In the case of non-cash payment, the purchase price is due within 3 working days of the conclusion of the purchase contract.
• In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
• The Seller shall be entitled, in particular in the event that the Buyer fails to confirm the order subsequently (Article 6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
• Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
• If it is customary in the course of business or if it is provided for by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer in respect of payments made under the purchase contract. The Seller is not subject to value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
• Unless the Purchase Contract cannot be withdrawn from, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days from the date on which the Buyer or a third party designated by the Buyer other than the carrier takes delivery of the goods, in accordance with the provisions of Section 1829(1) and (2) of the Civil Code, or:
• the last piece of goods, if the buyer orders several pieces of goods within one order, which are delivered separately,
• the last item or part of a delivery of goods consisting of several items or parts; or
• the first delivery of the goods if the contract provides for regular delivery of the goods over an agreed period of time.
• Withdrawal from the Purchase Contract must be sent to the Seller within the time limit specified in Article 1 of the Terms and Conditions For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address info@solemarket.eu.
• In the event of withdrawal from the Purchase Contract, the Purchase Contract shall be cancelled from the outset. The Buyer shall send or hand back the goods to the Seller without undue delay, at the latest within fourteen (14) days of withdrawal from the contract, unless the Seller has offered to collect the goods himself. The time limit under the previous sentence is maintained if the buyer sends the goods before the expiry of the time limit. If the buyer withdraws from the purchase contract, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
• In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before the seller receives the goods or the buyer proves that he has sent the goods back, whichever is earlier.
• The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
• In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer has taken delivery of the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
• If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF THE GOODS
• In the event that the method of transport is agreed upon at the specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.
• If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery.
• In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
• Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.
• Further rights and obligations of the parties in the carriage of the goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
• The rights and obligations of the contracting parties with regard to the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
• The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the seller is liable to the buyer that the item:
• corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
• is fit for the purpose for which the buyer requires it and to which the seller has agreed; and
• is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.
• The Seller shall be liable to the Buyer that, in addition to the agreed features:
• the item is fit for the purpose for which an item of this kind is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
• the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind which the buyer can reasonably expect, including in the light of public statements made by the seller or by another person in the same contractual chain, in particular by advertising or labelling, unless the seller proves that he was not aware of it or that it was modified at the time of the conclusion of the contract of sale in at least a comparable manner to that in which it was made or that it could not have influenced the decision to purchase,
• the item is supplied with accessories, including packaging, assembly instructions and other instructions for use which the buyer can reasonably expect; and
• the item corresponds in quality or workmanship to the sample or sample provided by the seller to the buyer before the conclusion of the contract of sale.
• The provisions of Article 3 of the Terms and Conditions shall not apply if the Seller has specifically advised the Buyer prior to the conclusion of the Purchase Contract that a feature of the item differs and the Buyer has expressly agreed to this when concluding the Purchase Contract.
• If the defect manifests itself within one year from the date of acceptance, it shall be deemed that the item was already defective upon acceptance, unless the nature of the item or the defect precludes this. This period shall not run during the period during which the buyer cannot use the goods if he has rightly complained of the defect.
• The buyer may complain of a defect which becomes apparent in the goods within two years of acceptance.
  If the buyer has rightfully complained to the seller about the defect, the period for complaining about the defect does not run for the period during which the buyer cannot use the item.
• If the item has a defect, the buyer may demand its removal. He may, at his option, require the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be removed by the other method without significant difficulty for the buyer. The seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the thing would have had without the defect.
• The seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the buyer considerable inconvenience, taking into account the nature of the item and the purpose for which the buyer bought the item. The seller shall take over the item at his own expense to remedy the defect.
• The buyer may demand a reasonable discount or withdraw from the contract of sale if:
• the seller has refused to remove the defect or has not removed it in accordance with Article 7.8 of the Terms and Conditions,
• the defect appears repeatedly,
• the defect is a material breach of the purchase contract, or
• it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without substantial difficulty for the buyer.
• If the defect is not material, the Buyer may not withdraw from the contract of sale (within the meaning of Article 7.9 of the Terms and Conditions); the defect shall be deemed not to be material. If the buyer withdraws from the purchase contract, the seller shall refund the purchase price to the buyer without undue delay after he has received the item or after the buyer proves to him that he has sent the item.
• The defect may be brought against the seller from whom the item was purchased. If, however, another person is appointed to carry out the repair, either at the seller's place or at a place closer to the buyer, the buyer shall reproach the person appointed to carry out the repair.
• Except in cases where another person is designated to carry out the repair, the seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its registered office. The Seller is obliged to issue a written confirmation to the Buyer when the Buyer submits the claim, stating the date on which the Buyer submitted the claim, what is the content of the claim, what method of handling the claim the Buyer requires and the Buyer's contact details for the purpose of providing information on the handling of the claim. This obligation also applies to other persons designated to carry out the repair.
• The claim, including the rectification of the defect, must be settled and the Buyer must be informed of this within thirty (30) days of the date of the claim, unless the Seller and the Buyer agree on a longer period.
• After the expiry of the time limit according to Article 7.13 of the Terms and Conditions, the Buyer may withdraw from the Purchase Contract or demand a reasonable discount.
• The Seller is obliged to issue the Buyer with a confirmation of the date and manner of settlement of the claim, including confirmation of the repair, and the duration of the claim, or a written justification of the rejection of the claim. This obligation also applies to other persons designated to carry out the repair.
• The Buyer may exercise his/her rights under the liability for defects in the goods in particular in person at U Stadionu 922, Nové Strašecí, 271 01, Czech Republic, by telephone at +420 602 263 139 or by e-mail at info@solemarket.eu.
• Those who are entitled to the right of defective performance are also entitled to compensation for the costs reasonably incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.
• Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
• The buyer acquires ownership of the goods by paying the full purchase price of the goods.
• The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.
• Consumer complaints are handled by the Seller via e-mail. Complaints can be sent to the Seller's electronic address. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address. No other rules for handling complaints are set by the Seller.
• The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
• The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
• The buyer may address a complaint to a supervisory or state supervisory authority. The seller is authorised to sell goods under a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and Act No 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
• The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
• The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of the Purchase Contract and for the purposes of the performance of the Seller's public obligations by means of a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
• The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
• The Seller fulfils its legal obligations relating to the possible storage of cookies on the Buyer's device by means of a separate document.
11. SUBMISSION
• The Buyer may be served at the Buyer's electronic address.
12. FINAL PROVISIONS
• If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
• If a provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
• The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
• The annexes to the terms and conditions are a model withdrawal form and a model complaint report
• Contact details of the Seller: registered office address U Stadionu 922, Nové Strašecí, 271 01, Czech Republic, e-mail address info@solemarket.eu, telephone +420776617828. The Seller does not provide any other means of on-line communication.

In Nové Strašecí on 1 April 2024