Terms and conditions

I.

Introductory provisions

1. These General Terms and Conditions (hereinafter referred to as the "GTC") are business terms and conditions within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") and apply to all purchase contracts concluded between the company OXYGENIC sro, with its registered office at Zahradní 396, 252 25 Jinočany, Czech republic, Company ID: 28938593, Tax Identification Number: CZ28938593, registered in the Commercial Register kept by the Municipal Court in Prague, Section C 154407 (hereinafter referred to as the "Seller"), and the buyer (hereinafter referred to as the "Buyer"; the Seller and the Buyer hereinafter also referred to together as the "Contracting Parties"), including partial purchase contracts concluded on the basis of framework contracts. These GTC are therefore an integral part of purchase contracts concluded between the seller and the buyer, always in the version valid and effective on the day the goods are ordered.

2. These terms and conditions apply only to persons who are entrepreneurs or to persons who are not considered consumers by law. An entrepreneur is someone who independently carries out independent gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so consistently for the purpose of making a profit. An entrepreneur is also considered to be any person who concludes contracts related to their own commercial, production or similar activity or in the independent performance of their profession, or a person who acts in the name or on behalf of an entrepreneur. For legal relations with consumers, special terms and conditions for contracts concluded with consumers apply.

3. In the event of a different arrangement of rights and obligations in the purchase contract from these GTC, the deviating provisions in the contract shall prevail.

4. The Seller is not bound by any other terms and conditions unless they have been expressly agreed to in writing by an authorized representative of the Seller.

5. If the buyer sends the seller his business terms and conditions and the seller does not expressly agree to them in writing pursuant to paragraph 4 of this article of the GTC, and a purchase contract is nevertheless concluded, the contractual relationship is governed by these GTC and the buyer's business terms and conditions do not apply.

6. The seller offers the goods mainly through the hotelum.eu website or through a showroom at the seller's premises in Chrášťany u Prahy, Czech republic.

7. These GTC are binding on all buyers.

8. The Seller is entitled to unilaterally change these GTC. The Seller will always publish any changes to the GTC on its website at hotelum.eu.

 

II.

Ordering goods and concluding a purchase contract

1. The buyer can place an order for goods:

  • in writing and by sending it by post to the address of the seller's premises,
  • electronically by email to info@hotelum.eu
  • or through the online store at hotelum.eu (“e-shop”), which is accessible exclusively to registered and Seller-approved business customers.

2. By sending the order and/or subsequently approving the order confirmation, the buyer agrees to these GTC in the version valid and effective on the day the order is placed.

3. The order must contain in particular:

  • identification data of the buyer (registered office, company ID, in case of VAT registration, valid VAT ID),
  • the exact name of the ordered goods, or the variant of the goods listed on hotelum.eu,
  • required quantity,
  • request for delivery date and place,
  • method of transport, or delivery conditions,
  • name and surname of the person authorized to act on behalf of the buyer in the execution of this order.

4. Based on the order sent, the seller will send the buyer a confirmation of the order or its rejection. The order confirmation will specify the unit price, the shipping price (if already known), the total price and the delivery dates. The order confirmation can be sent electronically. The seller may revoke the order confirmation if such a revocation is delivered to the buyer before the buyer delivers the seller's consent to the order confirmation.

5. In the event of unavailability of the ordered goods, the buyer will be informed of this fact in the order confirmation or in the order rejection and the seller may offer him/her the delivery of a product of comparable or higher quality.

6. The purchase contract is concluded upon delivery of the buyer's consent with the order confirmation to the seller. Approval can be made electronically.

7. The purchase contract may also be concluded in such a way that the seller, based on the received order, directly delivers the ordered goods to the buyer. In such a case, the seller does not send the buyer a confirmation pursuant to paragraph 4 of this article of the GTC.

8. In the event that the Buyer sends an order confirmation approval to the Seller with additions, reservations or other changes, such approval will be considered a new order, unless the Seller confirms to the Buyer that it agrees with the changes.

9. The Seller assumes that the Buyer is a person acting within the scope of his business activity, or a person who is not considered a consumer by law. In the event that the future Buyer is a person considered a consumer within the meaning of Section 419 of the Civil Code and the future Buyer does not state this fact in the order and a purchase contract is concluded with these GTC, the Seller is entitled to withdraw from the purchase contract.

 

III.

Delivery terms

1. By the purchase contract, the seller undertakes to deliver the goods and transfer them to the buyer, and the buyer undertakes to take over the ordered goods and pay the agreed purchase price for them.

2. The ownership of the goods is transferred to the buyer upon payment of the purchase price in full under the conditions set out below in Article V of these GTC.

3. The risk of damage to the goods passes to the buyer upon receipt of the goods by the buyer under the conditions set out below in Article V of these GTC.

4. The Seller shall deliver the goods to the Buyer at the place of delivery by its own employees or through a carrier (transport service). The Buyer may also collect the goods from the Seller.

5. The Seller is not responsible for delays in delivery caused by the shipping service.

6. The delivery period is confirmed by the Seller for the agreed calendar week. Delivery of the goods by the Seller in the calendar week immediately following the agreed calendar week is considered to be timely delivery of the goods according to the purchase contract and does not constitute a delay on the part of the Seller.

7. The seller may deliver the goods at any time before the delivery period expires, unless otherwise stipulated in the purchase contract.

8. The buyer is obliged to pay special attention to the outside of the package, i.e. the surface of the cardboard, the protective tape and any, even minor, damage and cracks, especially perforations of the cardboard and deformations of the corner of the package. These symptoms may indicate careless handling of the package during transport and thus possible damage to the goods inside the package. If the buyer comes across any of the aforementioned or similar indicators during inspection that there has been unauthorized entry into the shipment or possible damage during transport, he is obliged to report this fact to an authorized employee of the transport company before confirming the waybill. The buyer is obliged to insist on drawing up a complaint protocol, or a confirmed record of the condition in which the package was delivered and of any other damage. By doing this, the buyer will ensure an easier solution to any later complaints and minimize the occurrence of possible damage. The buyer is obliged to inform the seller by SMS or e-mail about the detected packaging defect no later than 24 hours after receipt of the goods.

9. In the case of delivery of goods by a carrier, the buyer is obliged to check the number of shipments and damage to the outer packaging of the goods upon receipt from the carrier in the presence of the driver of the transport company. If a defect is found (the contents of the delivery are not complete, the goods are damaged during transport, etc.), the buyer shall complain about the shipment directly to the carrier and shall notify the seller of this fact without undue delay.

10. If the buyer refuses to take over the goods in violation of the purchase contract, or if the buyer does not provide the necessary cooperation to take over the goods, or if the buyer does not collect the goods from the seller within the agreed time limit for personal collection, the seller is entitled to:

  • a) repeat the delivery of the goods at the buyer's expense, even if the buyer was not supposed to pay the shipping costs according to the purchase contract; or
  • b) require the buyer to collect the goods at his own expense without undue delay from the seller, in which case the buyer is obliged to collect the goods from the seller without undue delay and the seller is entitled to demand payment from the buyer for the storage of the goods, in the amount of the usual storage fee; or
  • c) store the goods with a third party at the buyer's expense; or
  • d) place the goods (subject of performance) in judicial custody pursuant to Section 1953 of the Civil Code, with the costs associated with this substitute performance being borne by the buyer; or
  • e) withdraw from the purchase contract.

As long as the seller does not withdraw from the purchase contract, the seller is entitled to change the exercise of his rights under letters a) to d), i.e., for example, to have the goods that he originally stored with him stored with a third party.

11. If the buyer refuses to take over the goods in violation of the purchase contract, or if the buyer does not provide the necessary cooperation to take over the goods, or if the buyer does not collect the goods within the agreed time limit for personal collection, this does not affect the buyer's obligation to pay the total price (including shipping and packaging costs) and the buyer is obliged to compensate the seller for the damage caused (including wasted transportation costs, even if the buyer was not supposed to pay the transportation costs according to the purchase contract, the costs of packaging the goods - packaging costs, the value of the depreciated goods, etc.) and the costs of storing the goods according to paragraph 11 of this article of the GTC.

12. If it is necessary to repeat the delivery of the goods for reasons not attributable to the seller, in particular if the buyer fails to deliver the goods, the buyer is obliged to pay the seller the costs associated with the repeated delivery of the goods, even if the buyer was not supposed to pay the shipping costs according to the purchase contract.

13. If the seller is unable to deliver the goods according to the purchase contract because the goods have ceased to be manufactured or their delivery time has changed or the seller is prevented from fulfilling his obligations by force majeure, the seller is entitled to withdraw from the purchase contract according to Article VI. paragraph 5 of these GTC. The seller is also entitled to propose to the buyer a change to the purchase contract and the delivery of replacement goods of comparable or higher quality. If the buyer agrees to such a change, the seller will deliver replacement goods to the buyer instead of the original goods.

 

IV.

Purchase price and payment terms

1. The prices of goods on the hotelum.eu website, in contracts and in the seller's price lists are always stated excluding VAT. Promotional or sale prices of goods are valid until stocks run out when the number of pieces of promotional or sale goods is stated or for a specified period of time.

2. The purchase price for the goods will include the costs of packaging and shipping to the destination, calculated according to the weight and number of packages.

3. Shipping costs are charged depending on the selected method of transport according to the price lists of the relevant carrier. If the buyer (or the seller at the buyer's request) changes the place of delivery from the confirmed place of delivery, the buyer is obliged to pay the seller the associated additional costs (in particular higher shipping costs).

4. Packaging fees will be charged if the goods are packed on pallets, in the amount of CZK 150 excluding VAT/one pallet with goods.

5. The buyer is obliged to pay the purchase price, including any shipping costs and any packaging costs (hereinafter referred to as the "total price") to the seller on the basis of an invoice (tax document) issued by the seller after the conclusion of the purchase contract with a maturity date set by the seller within fourteen (14) calendar days from the date of sending the invoice to the buyer.

6. The Seller is entitled, at its discretion (even after the conclusion of the purchase contract), to require the Buyer to pay an advance payment of up to 100% of the total price, in particular, but not exclusively:

  • a) if the buyer is registered with the seller as a "new buyer", i.e. as a buyer who has not yet concluded at least (3) three purchase contracts with the seller for which he has paid the total price on time;
  • b) in the event that the buyer is in default with payments under another contract;
  • c) in the case of the sale of goods that the seller does not normally keep in stock and orders or produces them in the required quantity only on the basis of a purchase contract concluded with the buyer;
  • d) in the case of goods that are modified/manufactured according to the buyer's requirements (e.g. branded goods, goods of other dimensions than standard dimensions, etc.) and in other similar cases.

The Buyer is obliged to pay the Seller an advance payment for the purchase price based on the Seller's advance invoice, due fourteen (14) days from the date of sending the advance invoice to the Buyer. The Seller is not obliged to start the performance of the purchase contract until the advance payment is paid by the Buyer, and in such case the performance period is extended by the period from the date of sending the advance invoice to the date of payment of the advance. The Buyer undertakes to pay the Seller the entire total price for the goods, after deducting the advance payment, based on the Seller's final invoice, due fourteen (14) days from the date of sending the invoice to the Buyer.

7. If the contracting parties agree that the total price will be paid immediately after the buyer takes over the goods, an advance invoice may not be issued, but only a final invoice, which will be delivered to the buyer directly with the goods or sent electronically on the day the goods are shipped to the buyer's address.

8. The Buyer is obliged to check the accuracy of the personal data on the invoice and to immediately notify the Seller of any deficiencies. Changes made after fourteen (14) days cannot be corrected in the invoice and any consequences shall be borne by the Buyer.

9. Payment of the total price or advance payment is considered to have been made on the date the relevant amount is credited to the seller's bank account.

10. In the event that the Buyer is in default of any payment to the Seller, the Seller shall be entitled to suspend further deliveries of the Goods under any contract concluded between the Seller and the Buyer, and the Buyer shall not be entitled to make any claims against the Seller for this reason. The Seller shall only resume the suspended performance after the Buyer has paid the payment in default.

11. The seller sends the tax document to the buyer electronically after concluding the purchase contract, or delivers it to the buyer in another suitable manner.

12. The Buyer is entitled to unilaterally set off only those of its receivables that are due, enforceable, not subject to limitation and which are not disputed by the parties, only provided that such set-off has been agreed to in writing by the Seller. The Seller is entitled to set off against the Buyer any receivables that are due.

13. The Buyer is not entitled to assign any claim against the Seller arising from the purchase contract or any part thereof to a third party without the Seller's prior written consent.

 

V.

Transfer of ownership and risk of damage to property

1. The buyer acquires ownership of the goods only after the full price has been paid to the seller, and the goods remain the property of the seller until then. If the buyer pays the seller only part of the total price, the retention of ownership applies to all goods under the purchase contract. Until the buyer acquires ownership of the goods, he may not make any dispositional actions with the goods (in particular, transfer the goods to another person) without the seller's prior written consent. If the buyer makes a dispositional action with the goods, he is obliged to notify the person against whom the action is being taken of the seller's retention of ownership.

2. The right of ownership to price calculations, drawings and other documents belongs exclusively to the Seller, even after they have been provided to the Buyer and future Buyer. These materials may be made available to a third party only with the Seller's prior written consent and must be returned to the Seller upon request.

3. The risk of damage to the goods passes to the buyer upon acceptance of the goods. The same applies if the buyer does not accept the goods, even though the seller allows him to dispose of them.

4. If the seller hands over the item to the carrier for transport to the buyer at the place specified in the purchase contract, the risk of damage passes to the buyer upon handing over the item to the carrier at this place, and if the place has not been agreed upon, upon handing over to the first carrier for transport to the destination.

 

VI.

 Withdrawal from the contract

1. If there is a valid and effective withdrawal from the contract, the contracting parties are obliged to return everything that was provided by the other party under the purchase contract before the withdrawal, unless otherwise stipulated below. In the case of the return of the provided monetary performance, the other party is not entitled to interest. If documents in paper or electronic form were handed over with the goods, the buyer undertakes to return these documents together with the goods, undamaged and complete.

2. In the event of withdrawal from the purchase contract, the buyer is obliged to return the goods to the seller at his own expense in the original packaging within ten (10) days from the date of the withdrawal. The seller shall refund the total price or deposit paid to the buyer within ten (10) days after the goods are returned to him. However, in the event that the seller withdraws from the contract, the seller is not obliged to refund the shipping and packaging costs to the buyer, and if the buyer was not charged for shipping, the buyer is obliged to reimburse the shipping costs to the seller, and the seller is entitled to unilaterally offset the claim for reimbursement of these costs against the buyer's claim for a refund of the purchase price. The seller is also always entitled to unilaterally offset the buyer's claim for a refund of the total price or part thereof against the claim for compensation for damage to the goods.

A. Withdrawal from the contract by the seller

3. Without limiting the Seller's other rights and claims, the Seller may immediately withdraw from the entire purchase contract or part thereof by written withdrawal sent to the Buyer without any obligation to the Buyer if:

  • a) the buyer has breached the purchase contract in a material way;
  • b) the Buyer is in default with payment of the total price or any part thereof for more than thirty (30) days;
  • c) the buyer has breached his obligations under the purchase contract and has not arranged for remedial action within thirty (30) days after being notified of the breach of obligations by the seller;
  • d) the buyer has not provided the seller with sufficient cooperation under the purchase contract, or is otherwise in default and does not provide the seller with adequate assurance that it will be able to fulfill its obligations in a timely and proper manner under the purchase contract;
  • e) the Buyer is in default with payment of the total price for the delivered goods or part thereof under another purchase contract for more than fourteen (14) days and fails to provide the Seller with adequate assurance that it will be able to fulfill its obligations in a timely and proper manner under the contract;
  • f) the buyer is bankrupt, or files an insolvency petition against himself, or the insolvency court rejects the insolvency petition against the buyer due to the lack of assets of the buyer, or the insolvency court declares bankruptcy against the buyer's assets, or the buyer enters into liquidation or is appointed an administrator under special legal regulations or is in a similar position under the legal system of the country of its registered office;
  • g) if it becomes apparent that the buyer will not fulfill his obligations;
  • h) the buyer unlawfully disposes of the seller's intellectual property results or protected industrial property;
  • i) as provided in these GTC; or
  • j) as provided by law.

4. If the seller withdraws from the purchase contract for any of the above reasons, the buyer is not entitled to compensation for costs and damages related thereto.

5. The seller is entitled to withdraw from the purchase contract in whole or in part also if the goods are no longer produced, are unavailable for a long time, the price of the goods has changed or was incorrectly determined, or circumstances of force majeure prevent him from properly fulfilling his obligations.

B. Withdrawal from the contract by the buyer

6. The Buyer is entitled to withdraw from the purchase contract only in cases expressly stated in the purchase contract, in these GTC or in the law. According to the GTC, the Buyer is entitled to withdraw from the purchase contract if:

  • a) the seller materially breaches the purchase contract and fails to remedy the breach within thirty (30) days after being notified of the breach by the buyer;
  • b) the seller is bankrupt, or files an insolvency petition against himself, or the insolvency court rejects the insolvency petition against the seller due to the lack of assets of the seller, or the insolvency court declares bankruptcy against the seller's assets, or the seller enters into liquidation.

7. The Buyer may also withdraw from the purchase contract no later than one (1) week from the conclusion of the purchase contract, if the goods have not yet been dispatched by the Seller. Withdrawal in this way is possible from the entire purchase contract or partially (for some items). Withdrawal in this way is also possible electronically by sending a withdrawal to the email info@hotelum.eu

8. However, it is not possible to withdraw from the purchase contract pursuant to paragraph 7 of this article of the GTC in the event of approval of the order confirmation for custom-made goods - e.g. logoed goods, bed linen in a design specified by the buyer, congress equipment according to precise specifications, an unusually high number of goods that the seller ordered/produced only for the buyer, etc.

 

VII.

Liability for defects, warranty and complaints

1. The method and basic conditions of claiming defects in goods and exercising rights arising from the guarantee for the quality of goods (if provided) are governed by the Seller's Complaints Procedure, which is an integral part of these GTC and forms an integral part of the purchase contract concluded between the Buyer and the Seller. The Complaints Procedure is published on the Seller's website hotelum.eu.

 

VIII.

Sanctions

1. In the event of the Buyer's delay in paying the total price or part thereof, or any financial performance that the Buyer is to pay under the purchase contract, the Buyer is obliged to pay the Seller a contractual penalty of 0.1% of the amount owed for each commenced day of delay. However, this does not affect the Seller's right to full compensation for the damage that the Buyer caused to the Seller by breaching his obligation.

 

IX.

Dispute resolution and applicable law

1. In the event of a dispute arising between the contracting parties in connection with the purchase contract, the contracting parties will resolve this dispute amicably as a priority. If the dispute is not resolved after mutual negotiations, this dispute will be submitted to the competent court for decision. The court competent to resolve the dispute in the first instance will be, in accordance with the provisions of Section 89a of Act No. 99/1963 Coll., the Code of Civil Procedure, as amended, the court in whose district the seller has its registered office.

2. Rights and obligations not expressly regulated by these GTC and the purchase contract are governed by the laws of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

 

X.

Confidentiality and personal data protection

1. All information, facts and all documentation (hereinafter collectively referred to as “Confidential Information”) relating to the goods and purchase contracts (including the discounts provided by the Seller above) are confidential and may also contain trade secrets of the Seller or its subcontractors. The Buyer is therefore obliged to use the Confidential Information only for the purpose for which it was provided to him and is obliged to maintain confidentiality regarding the Confidential Information. Information, facts and all documentation which, by their nature, may be further disseminated by the Buyer or are generally known shall not be considered Confidential Information.

2. The Buyer is obliged, within the scope of the obligation to maintain confidentiality, in particular:

  • a) not to disclose or disclose Confidential Information to third parties, or otherwise publish it;
  • b) ensure that no unauthorized person has access to the Confidential Information;
  • c) ensure compliance with the confidentiality obligation under this article by all persons to whom confidential information pursuant to paragraph 3 of this article of the GTC is provided. The buyer is responsible for compliance with the confidentiality obligation by these persons as if he had violated the confidentiality obligation himself.

3. The Buyer may disclose Confidential Information:

  • a) only to its employees and collaborators to the extent strictly necessary for the performance of the purchase contract;
  • b) to the extent permitted in paragraph 4 of this article of the GTC (Compulsory Disclosure); and
  • c) to other persons only with the prior written consent of the seller.

4. The Buyer may, to the extent strictly necessary, provide Confidential Information:

  • (a) required by order of any competent court or administrative authority; or
  • b) in cases required by the legal regulations of the Czech Republic.

However, before disclosing any Confidential Information to the Buyer, the Buyer shall always make every effort (to the extent permitted by law) to consult with the Seller regarding possible exclusion or limitation of the provision of such information and to provide Confidential Information only to the extent strictly necessary.

5. The Seller declares that it will always handle personal data provided to it by the Buyer in accordance with the applicable legal regulations governing the protection of personal data, in particular 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and Act No. 10/2019 Coll., on the processing of personal data, as amended. More detailed information on the processing of personal data is provided in the Personal Data Protection Policy of OXYGENIC sro, which is available on the website hotelum.eu

 

XI.

Final provisions

1. These GTC, including their parts, are valid and effective from 1 February 2025 and cancel the previous version of the GTC, and are available electronically at hotelum.eu. Purchase contracts concluded before the entry into force of these GTC and the rights and obligations of the contracting parties arising from them are still governed by the GTC under which they were concluded.