Terms and Conditions

Basic provisions
These General Terms and Conditions (hereinafter referred to as the "Terms") are issued in accordance with Sections 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code")

Arc Light Solutions s.r.o.

Company ID: 09321527

Registered office: Na Folimance 2155/15, Vinohrady, 120 00 Prague 2

Registered at the Municipal Court in Prague, file number C 334425

Contact details: Arc Light Solutions s.r.o.

E-mail: info@arc-light-solutions.cz

Phone: +420 603 900 449

(hereinafter referred to as the "Seller")

These General Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who concludes the Sales Agreement outside of his business activity as a consumer or in the course of his business activity (hereinafter referred to as the "Buyer") through the web interface on the Website available at the Internet address https://www.shellshock.cz (hereinafter referred to as the "Internet Store").
The provisions of the General Terms and Conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these GTC.
These General Terms and Conditions and the Sales Agreement are concluded in Czech.
Information on goods and prices
Information about the Goods, including the prices of individual Goods and their main characteristics, is provided for each Goods in the Online Store's catalogue. The prices of the goods include VAT, all associated fees and costs for returning the goods in the event that these goods cannot be returned by normal post. The prices of the Goods remain valid for the period for which they are displayed in the Online Shop. This provision does not preclude the negotiation of a sales contract on individually negotiated terms.
All presentations of goods placed in the catalogue of the Online Store are of an informative nature and the Seller is not obliged to conclude a sales contract for these goods.
Information on the costs associated with the packaging and delivery of the goods will be published in the Online Store. The information provided in the Online Store about the costs associated with the packaging and delivery of the goods is valid only in cases where the goods are delivered within the territory of the Czech Republic.
Any discounts on the purchase price of the goods cannot be combined unless otherwise agreed by the seller and the buyer.

III. Order and conclusion of the purchase contract

The costs incurred by the Buyer in the use of the means of distance communication in connection with the conclusion of the Sales Agreement (Internet connection costs, costs for telephone calls) shall be borne by the Buyer himself. These costs are no different from the basic rate.
The buyer places an order in the following ways:

via their customer account, if they have previously registered in the online shop,
by filling out the order form without registration.

When placing an order, the buyer selects the goods, the number of items, the method of payment and the delivery.
Before the order is shipped, the buyer is allowed to check and change the data entered by him in the order. The buyer sends the order to the seller by clicking on the "SEND ORDER" button. The information provided in the order is considered correct by the seller. The prerequisite for the validity of the order is the completion of all mandatory information in the order form and the confirmation by the buyer that he has read these General Terms and Conditions.
Immediately upon receipt of the Order, the Seller shall send the Buyer a confirmation of receipt of the Order to the e-mail address provided by the Buyer when placing the Order. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is attached to the seller's current terms and conditions. The purchase contract is only concluded after the order has been accepted by the seller. The notification of receipt of the order will be delivered to the buyer's e-mail address. Immediately upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. This confirmation shall be deemed to be the conclusion of the contract. The confirmation is attached to the seller's current terms and conditions. The purchase contract is concluded by confirmation of the order by the seller to the buyer's e-mail address.
If the seller is unable to meet any of the requirements specified in the order, the seller will send an amended offer to the buyer's email address. The amended offer shall be deemed to be a new draft sales contract and the sales contract in such a case will be concluded by confirming the acceptance of this offer by the buyer to the seller at the seller's e-mail address specified in these Terms and Conditions.
All orders accepted by the seller are binding. The Buyer may cancel the order until the Buyer receives a notice of acceptance of the order by the Seller. The Buyer may cancel the order by calling the Seller's telephone number or email address specified in these Terms and Conditions.
In the event that an obvious technical error on the part of the Seller occurred when indicating the price of the Goods in the Online Store or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at this manifestly incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the Order under these General Terms and Conditions. The seller will immediately notify the buyer of the error and send the amended offer to the buyer's email address. The amended offer shall be deemed to be a new draft of the Contract of Sale and the Contract of Sale shall be concluded in such a case by confirmation of acceptance by the Buyer to the Seller's e-mail address.
Customer Account
Due to the registration of the Buyer in the Online Store, the Buyer can access his customer account. The buyer can place orders for goods from his customer account. The buyer can also order goods without registration.
When registering for the Customer Account and ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account in case of any change. The data provided by the Buyer in the Customer Account and when ordering Goods shall be considered correct by the Seller.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality about the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
The Buyer is not entitled to allow third parties to use the Customer Account.
The Seller may terminate the User Account, in particular if the Buyer does not use its User Account for a longer period of time or if the Buyer violates its obligations under the Sales Agreement and these General Terms and Conditions.
The Buyer acknowledges that the User Account may not be available at all times, in particular with regard to the necessary maintenance of the Seller's hardware and software or the necessary maintenance of the hardware and software equipment of third parties.
Terms of Payment and Delivery of Goods
The buyer may pay the price of the goods and all costs associated with the delivery of the goods in accordance with the sales contract in the following ways:

by bank transfer to the Seller's bank account No. 2401492439/2010, managed by uFio banka, a.s., Millennium Plaza, V Celnici 10, 117 21 Prague,
Cash on delivery when the goods are handed over.

The Buyer shall be obliged to reimburse the Seller, together with the purchase price, for the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price and the costs associated with the delivery of the goods are also included.
In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price must be paid within three (3) days of the conclusion of the purchase contract.
When paying through a payment gateway, the buyer follows the instructions of the respective electronic payment provider.
In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment when the corresponding amount is credited to the Seller's bank account.
The seller does not require the buyer to make an advance payment or similar payment. Payment of the purchase price before shipment of the goods is not a deposit.
According to the Law on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the sales received online and, in the event of a technical defect, within 48 hours at the latest
The goods will be delivered to the buyer:

to the address provided by the buyer of the order
via the parcel delivery point to the address of the parcel delivery point specified by the Buyer,

The choice of shipping method is made when ordering the goods.
The cost of delivery of the goods, depending on the method of shipment and receipt of the goods, is specified in the buyer's order and in the seller's order confirmation. In the event that the mode of transport is agreed upon at the special request of the Buyer, the Buyer shall bear the risk and all additional costs associated with this mode of transport.
If, on the basis of the Sales 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. In the event that it is necessary for reasons beyond the Buyer's side to deliver the Goods repeatedly or in a manner other than that specified in the Order, the Buyer shall be obliged to bear the costs associated with the repeated delivery of the Goods or the costs associated with any other method of shipment.
When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of defects, to notify the carrier immediately. If the packaging is found to be damaged, indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
The Seller issues a tax receipt – an invoice – to the Buyer. The tax receipt will be sent to the buyer's email address./The tax receipt will be attached to the delivered goods.
The buyer acquires the right of ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before acceptance of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer as soon as he has received the goods or at the moment when the buyer was obliged to take over the goods but did not do so contrary to the purchase contract.
Withdrawal from the contract
A buyer who has concluded a sales contract outside his commercial activity as a consumer has the right to withdraw from the sales contract.
The withdrawal period is 14 days

from the date of receipt of the goods,
from the date of receipt of the last delivery of goods, if the subject matter of the contract is several types of goods or the delivery of several parts
from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

(3) The buyer may not withdraw from the purchase contract if, among other things,

provision of services if they were provided with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller informed the Buyer before the conclusion of the Agreement that in such a case he is not entitled to withdraw from the Agreement,
o the supply of goods or services, the price of which depends on the fluctuations of the financial markets, regardless of the seller's will, and which may occur during the withdrawal period,
o the supply of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on the fluctuations of the financial market, regardless of the will of the seller,
in the delivery of goods that have been modified according to the wishes of the buyer or for his person,
the supply of perishable goods as well as goods that have been irretrievably mixed with other goods after delivery,
Delivery of goods in sealed packaging that the buyer has taken out of the packaging and that cannot be returned for hygienic reasons,
delivery of an audio or video recording or computer program if it has damaged its original packaging,
Delivery of newspapers, magazines or magazines,
delivery of digital content, if it has not been delivered on a tangible medium and with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer before concluding the Agreement that in such a case it does not have the right to withdraw from the Agreement,
in other cases listed in Section 1837 of the Civil Code.

In order to comply with the withdrawal period, the buyer must send the declaration of withdrawal within the withdrawal period.
To withdraw from the Sales Agreement, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the Sales Agreement to the Seller's e-mail address or delivery address specified in these General Terms and Conditions. The seller will immediately acknowledge receipt of the form to the buyer.
The Buyer who has withdrawn from the Agreement is obliged to return the goods to the Seller within 14 days of withdrawing from the Agreement. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by ordinary mail due to their nature.
If the Buyer withdraws from the Agreement, the Seller shall immediately refund to the Buyer, but no later than within 14 days of the withdrawal from the Agreement, all monies, including delivery costs, received from the Buyer in the same way. The seller will only refund the money received to the buyer in another way if the buyer agrees to it and there are no additional costs.
If the Buyer has chosen a method of delivery other than that offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in an amount corresponding to the most advantageous method of delivery offered.
If the buyer withdraws from the sales contract, the seller is not obliged to refund the money received to the buyer before the buyer hands over the goods to the buyer or proves that he has sent the goods to the seller.
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 offset the claim for compensation for the damage caused by the goods with the buyer's claim for reimbursement of the purchase price.
The seller is entitled to withdraw from the sales contract because he has sold stock, the goods are not available or if the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address provided in the Order and refund all monies, including delivery costs, received from the Buyer under the Agreement within 14 days of the notification of withdrawal from the Sales Agreement, in the same manner or in the manner indicated by the Buyer.

VII. Rights arising from defective performance

The seller is responsible to the buyer for ensuring that the goods are free of defects upon receipt. In particular, the Seller shall be liable to the Buyer that, at the time the Buyer has taken possession of the Goods:

the goods have the characteristics agreed by the parties and, in the absence of an agreement, the characteristics described by the seller or manufacturer or which the buyer expected in relation to the nature of the goods and on the basis of their advertising;
the goods are suitable for the purpose indicated by the seller for their use or for which the goods of this type are usually used,
the quality or design of the goods corresponds to the agreed sample or sample, if the quality or design has been determined according to the agreed sample or sample,
the goods are in the appropriate quantity, size or weight, and
The goods meet the requirements of the legal regulations.

If the defect becomes apparent to the buyer within six months of receipt of the goods, the goods shall be deemed to be defective upon receipt. The buyer is entitled to exercise the right arising from a defect that occurs in a consumer good within twenty-four months of receipt. This regulation does not apply to goods sold at a lower price, to a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if it results from the nature of the goods.
In the event of a defect, the Buyer may submit a claim to the Seller and request the following:

Exchange for new goods,
Repair of goods,
an appropriate discount on the purchase price,
withdraw from the contract.

The buyer has the right to withdraw from the contract,

if the goods have a material defect,
if the item cannot be used properly due to the repeated occurrence of the defect or defects after the repair,
in the case of a large number of defects in the goods.

The Seller is obliged to receive the complaint at any facility where it is possible to accept the complaint, or even at the registered office or place of business. The Seller is obliged to provide the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what type of processing of the complaint is required by the Buyer, as well as a confirmation of the date and manner of settlement of the complaint, including a confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time necessary for an informed assessment of the defect that is appropriate to the nature of the product or service. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days after the date of the complaint, unless the Seller and the Buyer agree on a longer period. The unsuccessful expiry of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The time of filing a complaint is considered to be the time when the Buyer's will (in exercising the right to defective performance) is expressed to the Seller.
The Seller shall inform the Buyer in writing of the result of the complaint.
The buyer is not entitled to defective performance if he knew before taking over the item that the item was defective or if the buyer caused the defect himself.
In the event of a justified complaint, the buyer has the right to reimbursement of the costs incurred in connection with the complaint. The buyer can assert this right against the seller within one month after the expiry of the warranty period.
Goods from the surplus and collector's items category (used goods and unused goods) are not covered by the warranty, as they are usually goods that have been stored for a long time and the warranty period has already expired, used goods or goods that have already been damaged by use. The colors shown may differ from the actual colors.
The buyer chooses the type of complaint.
The rights and obligations of the parties to the contract with regard to the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection.
Further rights and obligations of the parties in connection with the Seller's liability for defects are governed by the Seller's complaint procedure.

VIII. Service

(1) The contracting parties may send each other all correspondence by e-mail.

The Buyer shall deliver the correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller will deliver the correspondence to the Buyer to the e-mail address specified in his customer account or in the order.
Out-of-court dispute resolution
The Czech Trade Inspection 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 responsible for settling consumer disputes arising from the Sales Agreement. The online dispute resolution platform under http://ec.europa.eu/consumers/odr can be used to resolve disputes between a seller and a buyer from a sales contract.
European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point in accordance with 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 Consumer Dispute Resolution).
The seller is entitled to sell goods on the basis of a trade license. The trade licence examination is carried out by the competent trade authority within the scope of its competence. The Czech Trade Inspection Inspectorate supervises, among other things, compliance with Act No. 634/1992 Coll. on Consumer Protection.
Processing of personal data
For the purpose of executing the Sales Agreement, the Seller processes the necessary personal data of the Buyer in accordance with Act No. 101/2000 Coll. on the Protection of Personal Data, as amended, and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as the "GDPR"), to the extent and in the manner indicated in the information on the protection of personal data, which is an inseparable part of these Terms and Conditions and which is available on the website www.px-monkey.com in the "Privacy Policy" section https://www.px-monkey.com/podminky-ochrany-osobnich-udaju/
Due to the obligations arising from the GDPR, we only accept complaints from registered customers or after the buyer has submitted a tax receipt. Complaints from third parties cannot be accepted.

Final Provisions
All agreements between the Seller and the Buyer under the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. The rights of the consumer arising from generally binding legal provisions remain unaffected.
The Seller shall not be bound to the Buyer by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code.
All rights to the Seller's website, including but not limited to the copyright in the content, including page layout, photographs, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or parts thereof without the consent of the seller.
The Seller shall not be liable for errors caused by third parties interfering with the Online Store or using it in violation of its intended purpose. When using the E-Shop, the Buyer shall not use any procedures that could adversely affect its operation and shall not take any action that could enable the Buyer or any third party to interfere with or use the software or other components that make up the E-Shop without authorization and to use the E-Shop or its parts or software in a manner that which is contrary to its purpose or purpose.
The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 (2) of the Civil Code.
The Sales Contract, including the General Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The wording of the General Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions.

(8) A model withdrawal form must be attached to the General Terms and Conditions.

These Terms and Conditions come into force on August 1, 2020.

Notification of withdrawal from the purchase contract

Buyer:

Name and surname: .....................................................................................

Address:..........................................................................................................

Phone and e-mail: .......................................................................................

Salesman:

, Na Folimance 2155/15, Vinohrady, 120 00 Prague 2Arc Light Solutions s.r.o.

Company ID: 093127

E-mail: info@arc-light-solutions.cz

Weigh

of the day.................................. I have a purchase contract with you for your E-Shop-www.px-monkey.com, tax number (invoice) .......................... completed I bought this product on ............................... Since the contract was concluded via the Internet, i.e. A typical means of distance communication, I decided to exercise my right and in accordance with the provisions of Section 1829 (1) as amended by Section 1818 of Act No. 89/2012 Coll., Civil Code, as amended, and I hereby declare that I withdraw from the above-mentioned sales contract.

I withdraw from the contract in full, i.e. I refund everything that is on the invoice YES / NO*

*(YES = do not list individual goods, NO = specify the goods you wish to return)

Commodity............................................................................................

Product brand ........................................................................................

SN-Ware .................................................................................................

I will send the goods back to you and at the same time ask you to pay you the purchase price including the calculated freight (indicated on the tax document) in the amount of ......................... CZK, to my bank account No. ......................................................................., no later than 14 calendar days after delivery of this withdrawal from the contract.

On.......................................................................