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General Terms and Conditions

General Terms and Conditions (hereinafter referred to as “GTC”) of the business corporation:

HOLOMÝ s.r.o., Company ID: 03402495

VAT ID: CZ03402495

Headquarters: Hemy 829, Krásno nad Bečvou, 757 01 Valašské Meziříčí

Registered in the Commercial Register at the Regional Court in Ostrava, Section C, Insert 60025

E-mail: sales@holomy.cz

Phone: / +420 571 685 970

DS ID: 8rvn2kp

(hereinafter referred to as “Seller”)

 

Article I.

Introductory Provisions

  1. These GTC, pursuant to Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter “CC”), govern the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter “purchase contract”) concluded between the seller and a legal entity or an entrepreneur, via the seller’s online store - www.holomy.cz (also “online store”), or by email, phone, or personal communication. The GTC are governed by the applicable legal regulations of the Czech Republic, which comply with EU regulations and directives. Only legal entities and entrepreneurs, who are not consumers as defined in Section 419 of the CC, may make purchases on the above website.
  2. Contractual relations not regulated by these GTC shall be governed by the CC.
  3. The provisions of the GTC are an integral part of the purchase contract, if concluded. The purchase contract and GTC are drawn up in the Czech language. By submitting an order, the buyer expresses consent with these GTC and the principles of personal data protection and confirms that they had the opportunity to review and agree with them in advance before concluding the purchase contract.
  4. Provisions differing from these GTC may be agreed upon in the purchase contract. Such provisions in the purchase contract take precedence over the GTC provisions.
  5. All personal data obtained from the contracting parties are subject to the applicable provisions of Regulation (EU) 2016/679 of the European Parliament and Council on the protection of natural persons regarding the processing of personal data and the free movement of such data.

 

Article II.

Definition of Terms

  1. Seller – the above entity, which acts in the scope of its business or other entrepreneurial activities when concluding and performing the contract. It is an entrepreneur who directly or through other entrepreneurs supplies products or provides services to the buyer.
  2. Buyer – any person concluding contracts related to their own business, production, or similar activity, or in the independent exercise of their profession, or a person acting on behalf of or for an entrepreneur. The online store is intended exclusively for buyers, i.e., all entrepreneurs and legal entities.
  3. Online store – an electronic store or other ordering system operated on the internet by an entrepreneur in the position of a seller, offering goods or services to buyers.

 

Article III.

Prices and Goods

  1. The seller is a VAT payer.
  2. Information on goods, including prices and main features, is provided in the online store catalog. Prices are shown both excluding and including value-added tax and all related fees. Prices are based on EXW (seller’s premises) according to INCOTERMS 2010, unless otherwise specified. Prices remain valid while displayed in the online store. This does not exclude concluding a purchase contract under individually agreed conditions.
  3. All product presentations in the online store catalog are for informational purposes only, and the seller is not obliged to conclude a purchase contract for such goods.
  4. The online store publishes information on packaging and delivery costs. The delivery price list is available at www.holomy.cz.
  5. All goods offered in the online store come with a full warranty according to the applicable Czech law, considering the manufacturer’s and distributor’s warranty conditions in the Czech Republic, except for goods in the “sale” section, where the warranty is specified individually for each item, and the buyer will be informed in the order and invoice.
  6. The seller reserves the right to request a reasonable deposit for hard-to-sell goods if not in stock.
  7. Environmental disposal fee for old appliances – in accordance with Act No. 541/2020 Coll., on Waste, sellers must charge a financial contribution for the ecological disposal of sold appliances. Product prices include this fee. Take-back of electrical appliances is ensured via the ASEKOL collective system. Buyers may deliver end-of-life products (EOL) to collection points in their municipality. The seller also provides take-back for appliances previously sold or manufactured in compliance with legal regulations. The seller may refuse to accept EOL products under certain conditions.

 

Article IV.

Order, Purchase Agreement

  1. The online store interface contains information about the goods, including descriptions, images, and the prices of individual items. Prices are shown both excluding and including value-added tax (VAT) and all related fees. Prices remain valid as long as they are displayed in the online store interface. The buyer acknowledges that costs associated with packaging and delivery of the goods will be added to the price. This provision does not limit the seller’s ability to conclude a purchase agreement under individually agreed terms.
  2. The buyer places an order via the online interface, with the order always containing the exact name of the ordered goods, product code, requested quantity, chosen payment and delivery method, and buyer’s contact information (name or company name, identification number, delivery address, phone number, email).
  3. If the buyer submits a written order via email or other means, it must include at least:
    • i. Specification of the ordered goods (quantity and technical details – catalog name, type number or product code, packaging);
    • ii. Price;
    • iii. Delivery date of the ordered goods;
    • iv. Destination;
    • v. Relevant delivery terms according to INCOTERMS 2010 issued by the International Chamber of Commerce, which are EXW (seller’s premises) unless otherwise confirmed in the order by the seller;
    • vi. Specification of the buyer (registration, registration number from the commercial register, VAT identification number valid in the state of the goods’ destination, contact person, phone number, and email). The first order must also include an extract from the commercial register or a trade license. If the buyer does not provide an identification number, the seller reserves the right not to process, cancel, or confirm the order.
  4. Before submitting an order to the seller, the buyer can review and modify the information entered in the order, including correcting errors made when entering the data. Orders submitted via the online interface are sent to the seller by clicking the "COMPLETE" button. The seller considers the information provided in the order to be correct.
  5. By submitting an order, the buyer confirms that they have read these Terms and Conditions, the privacy policy, and consents to the processing of personal data for the purposes of order fulfillment.
  6. An order accepted by the seller is binding. The buyer may cancel the order until the buyer receives a confirmation of order acceptance from the seller via the email provided in these Terms and Conditions.
  7. The seller reserves the right to cancel an order or part of an order if the goods are no longer produced or supplied, or if the supplier price has changed significantly. If the buyer has already paid part or all of the purchase price, the amount will be refunded, and no purchase agreement will be concluded.
  8. For orders placed via the online interface, the seller will immediately confirm receipt of the order via email to the address provided by the buyer in the user interface or order (“buyer’s email address”).
  9. For orders placed by other means, the agreement is concluded when the buyer receives confirmation of the binding order from the seller.
  10. The seller may request additional confirmation of an order depending on its nature (quantity, price, estimated delivery costs) and may require prepayment.
  11. The offer in the form of an order or price quotation is valid for 1 month unless stated otherwise.
  12. If the seller cannot fulfill any requirements stated in the order, the seller will send a modified offer by email or phone specifying possible order variants and request the buyer’s position. The modified offer constitutes a new proposal, and the purchase agreement is concluded only after buyer acceptance via email.
  13. The buyer agrees to use remote communication tools when concluding the purchase agreement. Costs incurred by the buyer for remote communication (internet, phone calls) are borne by the buyer.
  14. The seller may adjust the price of goods if the situation requires but must inform the buyer before sending the order and issuing the invoice. Without buyer approval, the seller cannot dispatch the order or issue an invoice for the new price.
  15. If the buyer cancels the order after the seller’s binding confirmation, the seller is entitled to a cancellation fee of 50% of the goods’ price. If the seller has incurred costs in connection with the contract, these will also be reimbursed in full. The cancellation fee does not apply if the order is canceled by the seller or due to a price change.
  16. If the buyer orders goods marked as “not in stock” on the e-shop, the seller will promptly inform the buyer of the delivery date by email. The purchase agreement is concluded only after the buyer confirms acceptance of the delivery date via email. If the buyer cancels such an order, the seller is entitled to a 100% cancellation fee and reimbursement of all incurred costs.
  17. If there is a clear technical error in the online store price, the seller is not obliged to deliver goods at this obviously incorrect price. The seller will notify the buyer and send a modified offer, which constitutes a new proposal. The purchase agreement is concluded only after buyer acceptance via email. If the buyer does not accept, the seller may withdraw from the contract.
  18. The seller reserves the right to withdraw from the contract in case of exchange rate changes, significant inflation, major changes in supplier conditions, or if goods or components are no longer produced or supplied.

 

Article V.

Customer Account, Buyer Registration

  1. The buyer may request registration on the online store at www.holomy.cz. Registration must include buyer identification, especially the business identification number (IČO). The seller will approve registration and inform the buyer of the result.
  2. After registration, the buyer can access their user interface (“user account”) to place orders. Ordering may also be possible without registration if the store interface allows it.
  3. Registration must include buyer identification, especially IČO. The seller approves registration and informs the buyer of the result.
  4. After registration, the buyer can access their user interface.
  5. The seller may cancel a user account if the account is unused, if the buyer breaches obligations under the purchase agreement or Terms, or if the account is used to violate laws or ethical standards.
  6. The buyer acknowledges that the user account may not be continuously available due to maintenance or third-party systems.

 

Article VI.

Payment Terms and Delivery of Goods

  1. The buyer may pay the purchase price and delivery costs as follows:
    • i. Cashless transfer to the seller’s CZK account: 596349851/0100, Komerční banka, a.s.,
    • ii. Cashless transfer to the seller’s EUR account: IBAN SK8111110000001110951004, UniCredit Bank Slovakia a.s.,
    • iii. Cash on delivery, if possible,
    • iv. Cash upon personal pickup at the seller’s premises.
  2. Along with the purchase price, the buyer must pay the agreed packaging and delivery costs. Unless stated otherwise, the purchase price includes delivery costs.
  3. For cash payments, the price is due upon receipt. For cashless payments, the price is due within 14 working days of invoice issuance, unless otherwise stated in the agreement.
  4. The buyer’s payment obligation is fulfilled when the amount is credited to the seller’s bank account.
  5. Goods are delivered:
    • i. To the address specified in the order,
    • ii. By personal pickup at the seller’s premises.
  6. The delivery method is selected during ordering.
  7. Delivery costs depend on shipping method and are indicated in the order and confirmation. For special requests, the buyer bears additional risks and costs.
  8. Delivery time depends on the type of goods, usually 1–5 working days. Rare or problematic goods may take longer. The seller will minimize delivery time where possible. If exceeded, the buyer may cancel the order via email.
  9. The buyer can choose delivery via courier or personal pickup. Standard delivery is in the Czech Republic or Slovakia. Other EU countries possible by prior arrangement via sales@holomy.cz.
  10. The buyer must properly receive and check goods, including package integrity, seals, and quantity. Any damage must be reported immediately to the carrier. The signed delivery note confirms proper receipt.
  11. The seller issues a tax invoice, sent via email or attached to the goods. Errors can be reported within 5 days. Corrected invoices retain all contractual terms.
  12. If a warranty is provided, a warranty certificate is included.
  13. Delivery is considered made upon handover to the first carrier.
  14. Risk of accidental loss or damage transfers to the buyer upon receipt or the time the buyer should have received the goods.
  15. The seller is not responsible for delays caused by public authority measures (e.g., epidemics).
  16. For pickup at the seller, goods are handed to:
    • i. The statutory body of a legal entity, verified,
    • ii. A person with a verified power of attorney.
  17. If the buyer refuses delivery, a new pickup deadline is set. Failure to pick up results in automatic contract termination.
  18. If the buyer unjustifiably fails to pick up the goods, the seller may charge storage costs of 50 CZK per day and claim damages under § 2913 OZ.

 

Article VII.

Additional Rights and Obligations of the Contracting Parties

  1. The seller reserves the following rights:
    • i. Any payment made by the buyer may be used unilaterally by the seller to settle all claims of the seller – including the buyer’s due obligations.
    • ii. The buyer is not entitled to make set-offs without the written consent of the seller. In case of set-off without written consent, the seller is entitled to a contractual penalty of CZK 50,000 per case. Payment of the penalty does not affect the seller’s claim for compensation of damages.
    • iii. The buyer is not entitled to withhold payments or reduce the purchase price for any (alleged) non-performance of obligations under the relevant Purchase Agreement by the seller.
    • iv. If payment is received without a variable symbol, the seller decides how to apply the payment.
    • v. Regardless of the agreed due dates, all invoices become immediately payable if any previous delivery or part thereof or other obligations of the buyer to the seller have not been paid on time, or if the seller learns of circumstances that reduce or may reduce the buyer’s creditworthiness. In such a case, the seller may demand prepayment for current or new deliveries or withdraw from the contract and claim damages from the buyer.
    • vi. If the buyer delays payment, the seller may charge interest at 0.05% of the owed amount per day of delay. In addition, the seller may claim compensation for all costs incurred in connection with the buyer’s delay, including debt collection costs.
    • vii. The seller is not liable for damages such as loss of potential profit, lost orders, lost business, loss of future business, loss of production, loss of cooperation, image damage, lost revenue, lost profit, capital costs, costs related to production or operation interruption, or similar damages.
  2. The buyer is not entitled to withdraw from the contract for goods delivered properly, on time, and without defects.
  3. The buyer may withdraw from the contract if the seller delays delivery for more than 4 weeks from the agreed delivery date.
  4. Until the buyer takes possession of the goods, the seller may withdraw from the purchase agreement at any time. In such a case, the seller will return the purchase price paid by the buyer to the buyer’s account or the account from which the payment was made (if not specified within 5 days). The seller will not unnecessarily delay the refund and will inform the buyer by email or phone.
  5. The seller may also withdraw from the contract if the buyer delays payment of the purchase price by more than 7 days. In this case, the seller is entitled to a contractual penalty of 50% of the goods’ price.
  6. Withdrawal must be made in writing, or electronically for contracts concluded electronically. Withdrawal is effective upon delivery to the other party.
  7. Retention of Title
    • i. Ownership of the goods passes to the buyer only upon full payment of the purchase price and any additional costs related to enforcing and delayed payment, including future claims. This retention of title also applies to goods delivered via exchange.
    • ii. If the goods under retention of title are processed, mixed, or combined with other items not belonging to the seller, the seller shall have co-ownership of the new item in proportion to the value of the goods under retention of title including VAT relative to other items. The buyer must store the item for the seller free of charge.
    • iii. Until further notice, the buyer may use the goods under retention of title in the ordinary course of business. The buyer assigns claims from resale (including VAT) and associated receivables to the seller. If sold together with other goods, only the portion corresponding to the retained goods is assigned.
    • iv. Until further notice, the buyer may collect assigned receivables. Assignment or pledging of such receivables requires the seller’s written consent.
    • v. If the buyer is in default or fails to meet retention obligations, the buyer must provide the seller with assigned receivables, documents, and access to relevant papers.
    • vi. In such cases, the buyer must give the seller access to goods under retention and provide an exact list of such goods, separating them from other items and returning them to the seller upon contract withdrawal.
    • vii. The buyer must immediately inform the seller in writing if a third party attempts to seize goods under retention or assigned receivables, and must provide support for intervention.

Costs of cooperating in enforcing all rights related to retention of title and for maintaining or storing the goods are borne by the buyer.

 

Article VIII.

Rights and Obligations Regarding Defective Performance, Warranty, and Complaints

  1. The seller guarantees that the goods correspond to the agreed description, type, quantity, quality, functionality, compatibility, interoperability, and other agreed characteristics.
  2. Additionally, the seller guarantees that:
    • i. The goods are suitable for the purpose for which such goods are usually used, considering third-party rights, laws, technical standards, or industry codes, if applicable.
    • ii. The goods, in terms of quantity, quality, and other characteristics, including lifespan, functionality, compatibility, and safety, meet the usual standards reasonably expected by the buyer, considering public statements made by the seller or others in the same contractual chain, unless otherwise indicated.
    • iii. The goods are delivered with accessories, packaging, assembly instructions (unless intended for professional assembly), and other expected usage instructions.
    • iv. The goods correspond in quality or design to any sample or model provided by the seller before concluding the purchase agreement.
  3. For incomplete or damaged goods, the buyer must contact the seller without undue delay, no later than 3 days after receipt, and provide evidence, including photos if possible.
  4. The seller is not liable for damage caused by the buyer. Normal wear and tear or pre-used items’ wear is not considered a defect.
  5. If the goods have a defect, the buyer may request its removal by replacement with a defect-free item or repair, unless impossible or disproportionately costly compared to the other method.
  6. The seller must remedy defects within a reasonable time without causing significant inconvenience. If the buyer does not collect the goods within a reasonable time, the seller is entitled to storage fees.
  7. The buyer may request a reasonable discount (difference between defect-free and defective goods) or withdraw from the contract if:
    • i. The seller refused or failed to remedy the defect in a reasonable time;
    • ii. The defect recurs repeatedly;
    • iii. The defect constitutes a material breach of contract;
    • iv. It is evident from the seller’s statements or circumstances that the defect will not be remedied promptly.
  8. The buyer may not withdraw for minor defects; only a discount or repair is possible.
  9. For used goods, the seller is not liable for defects corresponding to prior use. For discounted goods, the buyer may only claim a reasonable discount instead of replacement.
  10. The seller may provide a warranty under §2113 et seq. OZ. The warranty confirms that the item will retain its function and performance for a specified period and entitles the buyer to a defect-free replacement or repair.
  11. Complaints: The buyer must report defects via email or letter, providing contact info, defect description, and requested resolution method.
  12. The buyer must indicate the chosen method of resolution. Changing it requires the seller’s consent. Goods should be properly packed and complete.
  13. Warranty periods are not extended by 2 years for replacement or repair; only extended proportionally to the period the defective goods could not be used.
  14. For specific goods (e.g., lighting sets), complaints are handled individually. The buyer must contact the seller for instructions.
  15. The seller or authorized staff will decide on the complaint immediately, or within three working days for complex cases. Complaints and defect resolution must be handled without undue delay, no later than 30 days from submission, with the buyer informed within this period. Missing this deadline constitutes a material breach and allows the buyer to withdraw.
  16. The seller will inform the buyer in writing about the complaint outcome.

 

Article IX.

After-Sales Service

  1. For information regarding warranty service, contact the seller at sales@holomy.cz, where all service details and conditions will be provided.
  2. The seller also provides post-warranty service. Further information will be provided via the contact above.

 

Article X.

Personal Data Protection

  1. All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. Without the buyer’s written consent, the seller will not use the buyer’s data except to fulfill the contract, except for email addresses, which may receive commercial communications as permitted by law, unless explicitly declined. These communications may relate only to similar or related goods and can be unsubscribed at any time (by letter, email, or a link in the communication). Email addresses will be stored for 3 years from the conclusion of the last contract between the parties.
  2. More detailed information on personal data protection can be found in the Privacy Policy.

 

Article XI.

Force Majeure

  1. The seller is not responsible for any failure or delay in performance if:
    • i. such failure or delay results from an interruption in the production process of goods, except in cases of gross negligence or intent; or
    • ii. the failure or delay is caused by force majeure as defined below, or by law.
  2. In the event of such an incident, the performance of the relevant part of the Purchase Agreement will be suspended for the duration of the incident, without the seller being liable to the buyer for any damages.
  3. "Force majeure" means circumstances or events beyond the reasonable control of the seller, whether foreseeable at the time of the Purchase Agreement, that prevent the seller from fulfilling obligations. This includes, but is not limited to, war, threat of war, uprising, sabotage, fire, storm, flood, explosion, natural disasters, governmental regulations or EU restrictions, strikes, full or partial destruction of the seller’s or suppliers’ production facilities, supply interruptions, customs regulation changes, import/export bans, or any other cause. If force majeure persists for three consecutive months (or is reasonably expected to), the seller may cancel the entire Purchase Agreement or any part of it without liability to the buyer.

 

Article XII.

Final Provisions

  1. All agreements between the seller and buyer are governed by the laws of the Czech Republic. If the Purchase Agreement has an international element, the parties agree that Czech law applies. This does not affect consumer rights under applicable laws. In case of disputes, court jurisdiction will be determined according to applicable law.
  2. The parties may deliver all written correspondence electronically.
  3. The buyer sends correspondence to the seller at the email address stated in these Terms and Conditions. The seller sends correspondence to the email address provided in the buyer’s account or order.
  4. All rights to the seller’s website, including copyrights for content, layout, photos, videos, graphics, trademarks, logos, and other elements, belong to the seller. Copying, modifying, or using the website or parts thereof without the seller’s consent is prohibited.
  5. The seller is not responsible for errors caused by third-party interference or improper use of the online store. The buyer must not perform actions that negatively affect its operation or allow unauthorized access or use of the store or software.
  6. The Purchase Agreement, including terms and conditions, is archived electronically by the seller and is not publicly accessible.
  7. The seller may change or supplement the Terms and Conditions. This does not affect rights and obligations established under previous versions while they were in effect.
  8. These Terms and Conditions take effect on January 1, 2025.

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