Terms and Conditions

Terms and Conditions – full version

I. Basic Provisions

These general terms and conditions (hereinafter the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code").

SOH Sound & Lights s.r.o.
Company ID (IČ): 07894791
registered office: Antala Staška 242/14, 140 00 Prague 4
registered with the Municipal Court in Prague, Section C, File 309435.
e-mail: eshop@soh.cz
telephone: 272 272 500
web: www.soh.cz
(hereinafter the "Seller")

These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter the "Buyer") through the web interface located at the internet address www.soh.cz (hereinafter the "online store").
The provisions of the Terms and Conditions form an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.
These Terms and Conditions and the purchase contract are concluded in the Czech language.

II. Information about Goods and Prices

Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the catalogue of the online store. The prices of the goods include value added tax, all related fees and the costs of returning the goods, if by their nature the goods cannot be returned by the usual postal route. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
All presentation of goods placed in the catalogue of the online store is of an informative nature, and the Seller is not obliged to conclude a purchase contract regarding these goods.
Information about the costs associated with the packaging and delivery of the goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods stated in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic and Slovakia.
Any discounts on the purchase price of the goods cannot be combined with each other unless the Seller and the Buyer agree otherwise.

III. Order and Conclusion of the Purchase Contract

Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer themselves. These costs do not differ from the basic rate.
The Buyer places an order for goods in the following ways:
- through their customer account, if they have previously registered in the online store,
- by completing the order form without registration.
When placing an order, the Buyer selects the goods, the number of units of goods, the method of payment and delivery.
Before sending the order, the Buyer is allowed to check and change the data entered into the order. The Buyer sends the order to the Seller by clicking the "SEND ORDER" button. The data given in the order are considered correct by the Seller. A condition of the validity of the order is the completion of all mandatory data in the order form and the Buyer's confirmation that they have read these Terms and Conditions.
Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the e-mail address the Buyer provided when ordering. This confirmation is automatic and is not considered to be the conclusion of the contract. The Seller's current Terms and Conditions are attached to the confirmation. The purchase contract is concluded only after acceptance of the order by the Seller. Notification of acceptance of the order is delivered to the Buyer's e-mail address.
In the event that the Seller cannot fulfil any of the requirements stated in the order, the Seller will send the Buyer an amended offer to their e-mail address. The amended offer is considered a new proposal for the purchase contract, and in such a case the purchase contract is concluded by the Buyer's confirmation of acceptance of this offer sent to the Seller's e-mail address.
All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer is delivered notification of acceptance of the order by the Seller. The Buyer may cancel the order by telephone at the telephone number or by e-mail of the Seller stated in these Terms and Conditions.
In the event of an obvious technical error on the part of the Seller when stating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this completely obviously erroneous price, even in the event that the Buyer was sent an automatic confirmation of receipt of the order. The Seller informs the Buyer of the error without undue delay and sends the Buyer an amended offer to their e-mail address.

IV. Customer Account

On the basis of the Buyer's registration carried out in the online store, the Buyer can access their customer account. From their customer account, the Buyer can order goods. The Buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data given in the user account whenever it changes.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not liable for any misuse of the customer account by third parties.
The Buyer is not entitled to allow the use of the customer account by third parties.
The Seller may cancel the user account, in particular if the Buyer does not use their user account for a longer period, or if the Buyer breaches their obligations under the purchase contract or these Terms and Conditions.
The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

V. Payment Terms and Delivery of Goods

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- by bank transfer to the Seller's bank account No. 272272501/2010, held with Fio banka, a.s.
- by cashless payment card
- by cash on delivery upon handover of the goods
- in cash or by payment card upon personal collection at the establishment
Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount.
In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
In the case of payment through a payment gateway, the Buyer proceeds according to the instructions of the relevant electronic payment provider.
In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's bank account.
The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before dispatch of the goods is not a deposit.
Pursuant to the Act on the Registration of Sales, the Seller is obliged to issue the Buyer a receipt. At the same time, the Seller is obliged to register the received sale with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
The goods are delivered to the Buyer:
- to the address specified by the Buyer in the order
- via a parcel collection point at the address of the collection point specified by the Buyer
- by personal collection at the Seller's establishment
The choice of delivery method is made during the ordering of the goods.
The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, are stated in the Buyer's order and in the Seller's confirmation of the order.
If, under 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 take over the goods upon 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, to notify the carrier immediately. Incomplete contents or mechanical damage must be reported within 3 days of receipt of the goods at the latest.
The Seller will issue the Buyer a purchase document. The document is attached to the delivered goods.
The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including the costs of delivery, but at the earliest upon receipt of the goods.
Responsibility for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of receipt of the goods, or at the moment when the Buyer had the obligation to take over the goods but, contrary to the purchase contract, failed to do so.

VI. Withdrawal from the Contract

A Buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.
The period for withdrawal from the contract is 14 days:
- from the day of receipt of the goods
- from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
- from the day of receipt of the first delivery of goods, if the subject of the contract is a regularly repeated delivery of goods
Among other things, the Buyer cannot withdraw from the purchase contract:
- in the case of the provision of services, if they were performed with the Buyer's prior express consent before the expiry of the withdrawal period
- in the case of the supply of goods or a service whose price depends on fluctuations in the financial market independent of the Seller's will
- in the case of the supply of goods that were modified according to the Buyer's wishes or for their person
- in the case of the supply of goods that are perishable, as well as goods that, after delivery, were irreversibly mixed with other goods
- in the case of the supply of goods made to measure according to the customer's wishes and goods sold by length, for example LED strips and cables
- in the case of hygienic and medical supplies (oxygen concentrators, nasal cannulas, oxygen masks)
- in the case of the supply of an audio or video recording or a computer program, if the Buyer has breached its original packaging
- in the case of the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the Buyer's prior express consent
- the Buyer is not entitled to return the goods if the goods were collected in person at the Seller's establishment
- in other cases stated in Section 1837 of the Civil Code
To meet the deadline for withdrawal from the contract within 14 days of receipt of the goods, the Buyer, at their own expense, sends the complete goods to the address of the establishment – SOH, Antala Staška 242/14, 140 00 Prague 4. Together with the return of the goods, the Buyer encloses the issued purchase document or a copy thereof together with a declaration of withdrawal from the purchase contract.
If the Buyer withdraws from the contract, the Seller will return to them, without delay but no later than within 14 days of withdrawal from the contract, funds in the amount of the price of the returned goods on the basis of a credit note sent and confirmed by the Buyer. Without a credit note confirmed by the Buyer, the funds for the returned goods cannot be returned to the Buyer. In the event of withdrawal from the purchase contract within 14 days of receipt of the goods, the Buyer is not entitled to a refund of the costs of delivery of the returned goods.
The Buyer must return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
The Seller is entitled to withdraw from the purchase contract due to the goods being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller will inform the Buyer without delay and, within 14 days of notification of withdrawal from the purchase contract, return all funds, including the costs of delivery.

VII. Rights Arising from Defective Performance

The Seller is liable to the Buyer that the goods, upon receipt by the Buyer or by the transport company, have no defects. In particular, the Seller is liable to the Buyer that the goods have the properties agreed between the parties, are suitable for the purpose that the Seller states for their use, correspond in quality or workmanship to the contractual sample, are in the appropriate quantity, measure or weight, and that the goods meet the requirements of legal regulations.
The Seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
If a period for which the goods can be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the guarantee of quality apply.
The provision stated in the previous paragraph does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had upon receipt by the Buyer, or where it follows from the nature of the goods.
In the event of a defect, the Buyer may submit a complaint to the Seller and demand:
- replacement with new goods
- repair of the goods
- a reasonable discount on the purchase price
- withdrawal from the contract
The Buyer has the right to withdraw from the contract:
- if the goods have a substantial defect
- if they cannot properly use the item due to the repeated occurrence of a defect or defects after repair
- in the case of a larger number of defects of the goods
A material breach is such a breach of contract of which the party breaching the contract already knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen this breach.
For a defect that constitutes an immaterial breach of contract, the Buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.
If a removable defect has occurred repeatedly after repair (usually a third complaint for the same defect, or a fourth for different defects) or if the goods have a larger number of defects (usually at least three defects simultaneously), the Buyer has the right to claim a discount on the purchase price, replacement of the goods, or to withdraw from the contract.
When making a complaint, the Buyer is obliged to inform the Seller which right they have chosen. A change of choice without the Seller's consent is possible only if the Buyer requested repair of a defect that turns out to be irremovable.
If repair or replacement of the goods is not possible, on the basis of withdrawal from the contract the Buyer may demand a refund of the purchase price in full.
If the Seller proves that the Buyer knew about the defect of the goods before receipt or caused it themselves, the Seller is not obliged to comply with the Buyer's claim.
The Buyer cannot make a complaint about discounted goods for the reason for which the goods are discounted.
For an unjustified complaint, the Buyer may be charged the costs of handling the complaint and transport.
The Seller is obliged to issue the Buyer a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
The Seller or an employee authorised by them will decide on the complaint immediately, in complex cases within three working days. The complaint, including the removal of the defect, must be handled without delay, no later than within 30 days of the date of making the complaint, unless the Seller agrees with the Buyer on a longer period. The futile expiry of this period is considered a material breach of contract, and the Buyer has the right to withdraw from the purchase contract.
The Seller informs the Buyer in writing of the result of the complaint.
The Buyer is not entitled to the right from defective performance if the Buyer knew before receiving the item that the item had a defect, or if the Buyer caused the defect themselves.
The Buyer sends the goods that are the subject of the complaint at their own expense to the address of the establishment – SOH, Antala Staška 242/14, 140 00 Prague 4. Together with the goods that are the subject of the complaint, the Buyer encloses the issued purchase document or a copy thereof together with a written description of the defect that is the subject of the complaint. The costs of sending the completed complaint back to the Buyer are borne by the Seller.
The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

VIII. Delivery of Correspondence

The contracting parties may deliver all written correspondence to each other by electronic mail.
The Buyer delivers correspondence to the Seller at the e-mail address stated in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the e-mail address stated in their customer account or in the order.

IX. Personal Data

All information that the Buyer provides when cooperating with the Seller is confidential and will be treated as such. Unless the Buyer gives the Seller written consent, the Seller will not use the Buyer's data in any way other than for the purpose of performance under the contract, except for the e-mail address, to which commercial communications may be sent, as this procedure is permitted by law unless expressly refused. These communications may only concern similar or related goods and can be unsubscribed at any time in a simple manner. The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
More detailed information on the protection of personal data can be found in the Privacy Terms and Conditions.

X. Final Provisions

All arrangements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of the provision of Section 1826(1)(e) of the Civil Code.
All rights to the Seller's website, in particular copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or part of it without the Seller's consent.
The Seller is not liable for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the Buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow them or third parties to interfere unlawfully or to use unlawfully the software or other components forming the online store, or to use the online store or its parts or software in a manner that would be contrary to its purpose.
The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
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 effectiveness of the previous wording of the Terms and Conditions.