These general terms and conditions (hereinafter referred to as the “GTC”) are an integral part of the contract concluded between the company ELVAC a.s., registered office Hasičská 930/53, 700 30 Ostrava-Hrabůvka, Company ID: 25833812, VAT number: CZ25833812, registered in the commercial register maintained at the Regional Court in Ostrava, section B, box 2179, represented by Ing. Zbyšek Ciompa, Chairman of the Board of Directors, telephone number 597 407 100, electronic address: [email protected], data box 8y4ptvj, Internet address: www.elvac.eu (hereinafter referred to as “the seller”) and its business partner, who are both entrepreneurs, as well as consumers (hereinafter referred to as “buyers”).
These General Terms and Conditions constitute an indirect contractual arrangement of the binding relationship between the seller and the buyer. In their entirety, they form the legal framework of the given contractual relationship between the seller and the buyer and supersede any previous communications, guarantees or agreements between the participants, written or oral, regarding the said business transactions. In the case of an international business case, these General Terms and Conditions establish indirect contractual arrangements together with INCOTERMS and UNIDROID and establish conflict of law norms and courts.
2.1 All contractual relationships regarding the supply of goods and services that are carried out during the validity of these terms and conditions are governed by these terms and conditions.
2.2 A consumer is a natural person who, when concluding and fulfilling a purchase contract with the seller, is not acting as part of his business or other business activity or as part of the independent exercise of his profession. Legal relations between the seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 89/2012 Coll., Civil Code and Act No. 634/1992 Coll., on consumer protection, both in valid and effective wording, as well as related regulations.
2.3 Entrepreneur means: a person registered in the commercial register, or a person who does business on the basis of a business license, or a person who does business on the basis of a non-business license according to special regulations, or a person who runs agricultural production and is registered in accordance with a special prescription. Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the seller and the buyer, are governed by the relevant provisions of Act. No. 89/2012 Coll., Civil Code as amended, as well as related regulations. In case of any differences between the GTC and the individual contract, the text of the contract takes precedence.
2.4 The buyer is obliged to hand over to the seller documents on legal personality and authorization to do business (excerpt from the commercial register, VAT payer registration, trade license and identity card number for natural persons) and, in case of any change, hand over documents with updated data without delay.
2.5 If orders and contracts are not signed on behalf of the buyer by a person whose signature authority is stated in the extract from the commercial register, the buyer is obliged to hand over to the seller a power of attorney with an officially verified signature of the statutory representative or representatives, which authorizes the relevant person(s) to conclude contracts on behalf of the legal person of the buyer with the legal entity of the seller.
3.1 An order is a unilateral legal act of the buyer addressed to the seller. The seller accepts only a written order (electronic order form see article 4) delivered in person, by post or email to the seller’s headquarters.
Each order must contain all the following details:
- a) Full identification of the buyer entity (business name or first and last name and seat/residence of the buyer, ID number, tax identification number, if VAT payer, contact person including telephone and e-mail).
- b) Code and exact name of the subject of the order according to the seller’s price list.
- c) Number of items ordered.
- d) Place and method of fulfillment (personal collection or delivery to the specified address, partial or only complete fulfillment).
- e) Name, surname and signature of the person (does not apply to internet and e-mail orders) authorized to act on behalf of the buyer, possibly also an imprint of the buyer’s stamp.
- f) Name and surname of the contact person (if this information is not provided, it is assumed that the buyer, or any of his employees, is authorized to take delivery of the delivered goods.
- g) The day of delivery of the goods, if the buyer and the seller agree differently from these general terms and conditions.
3.2 In sufficient time before the conclusion of the contract, the seller shall inform the buyer of the following information:
- a) your identity, phone number, email address and other contact information
- b) designation of goods or services and description of their main characteristics
- c) the price of goods or services, or the method of its calculation, including all taxes and fees
- d) method of payment and method of delivery and performance
- e) delivery costs and whether they will be charged additionally
- f) information on rights arising from defective performance as well as rights from warranty and other conditions for exercising these rights g) information on the duration of the commitment and the terms of termination of the commitment
- h) data on the functionality of the digital content, including technical protection measures
- i) data on the interaction of digital content with hardware and software.
In dealings via any means of distance communication, the following additional information must be provided to the consumer well in advance of the conclusion of the contract in addition to the above information:
- a) the cost of means of distance communication, if different from the base rate
- b) information on any obligation to pay an advance or a similar payment, if required
- c) in the case of a contract whose subject is repeated performance, the shortest period for which the contract will bind the parties
- d) in the case of a contract concluded for an indefinite period or the subject of which is repeated performance, information on the price or the method of its determination for one settlement period, which is always one month, if this price is unchanged
- e) v případě smluv uzavíraných na dobu neurčitou nebo jejímž předmětem je opakované plnění, údaje o veškerých daních, poplatcích a nákladech na dodání zboží nebo služby určených způsobem podle písmena b),
- f) pokud lze využít práva na odstoupení od smlouvy, podmínky, lhůtu a postupy pro uplatnění tohoto práva, jakož i formulář pro odstoupení od smlouvy,
- g) statement that in the event of withdrawal from the contract, the consumer will bear the costs associated with returning the goods, and in the case of a contract concluded via a means of distance communication, the costs for returning the goods, if these goods cannot be returned by the usual postal route due to their nature
- h) information on the obligation to pay a proportional part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun,
- i) if it is a contract according to § 1837 letter l), Act No. 89/2012 Coll. of the Civil Code as amended, the statement that the consumer cannot withdraw from the contract, or under what conditions the right to withdraw from the contract expires,
- j) information on the existence, method and conditions of out-of-court handling of consumer complaints, including information on whether a complaint can be addressed to a supervisory or state supervisory authority.
3.3 By placing an order, the buyer confirms that he has read these General Terms and Conditions, an integral part of which are the complaints procedure and the conditions of any license authorization provided, and that he agrees with them, in the wording valid and effective at the time the order is sent. The GTC are published on the seller’s website. The buyer is aware that by purchasing products that are in the seller’s business offer, he does not acquire any rights to use registered brands, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific case by a special contract.
3.4 On the basis of the order, the seller issues to the buyer a written “order confirmation” containing the type, quantity and estimated price of the goods that he undertakes to deliver to the buyer. In the written confirmation of the order, it will be stated that the customer – buyer has familiarized himself with the General Terms and Conditions and that he agrees with them. If the buyer does not submit a written proposal for a change within 3 working days, his order, recorded in the order confirmation, is considered binding for both parties, with the exception of the case when the manufacturer stops producing the ordered goods or launches a new version of the goods. All proposals for changes and their confirmations must be made in writing.
3.5 When placing an order, the buyer is entitled to check this order before it is sent or edit by confirmation.
4.1 If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of the offered goods by the seller on his website, the purchase contract is created by the sending of the order by the consumer buyer and the acceptance of the order by the seller. The seller will immediately confirm this acceptance to the buyer by an informative email to the specified email address, but this confirmation does not affect the formation of the contract. In the written confirmation of the order, it will be stated that the customer – buyer has familiarized himself with the General Terms and Conditions and that he agrees with them. The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons.
4.2 If the buyer is an entrepreneur, the proposal for concluding a purchase contract is the order for goods sent by the buyer entrepreneur, and the purchase contract itself is concluded at the moment of delivery of the seller’s binding consent to the buyer entrepreneur with this proposal.
4.3 Relationships and any disputes that arise on the basis of the contract will be resolved exclusively according to the applicable law of the Czech Republic and will be resolved by the courts of the Czech Republic. This does not affect cases where the buyer is a consumer and has a habitual residence in a state other than the Czech Republic, and choice of law or court prorogation will not be admissible.
4.4 The contract is concluded in the Czech language. If a translation of the text of the contract is created for the buyer’s needs, the interpretation of the contract in the Czech language applies in the event of a dispute over the interpretation of terms.
4.5 The concluded contract is archived by the seller for a period of five years from its conclusion, unless the relevant legal regulations specify a longer period, for the purpose of its successful fulfillment and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract can be seen from these terms and conditions, where this process is clearly described. The buyer has the opportunity to check and possibly correct the order before sending it. These General Terms and Conditions are available on individual internet portals of the seller, and thus their archiving and reproduction by the buyer is possible.
4.6 The buyer has the option to send the order by mail to the seller’s address specified in these GTC, by e-mail to the seller’s electronic address specified in these GTC, or via the seller’s electronic ordering system.
4.7 When using the electronic ordering system, the buyer is obliged to use an identification password, which is assigned to him by the seller at his request and which is used to verify the identity of the buyer, in addition to the requirements specified in Article 3.1 of these GTC.
4.8 If the order does not contain the requirements according to the previous article, it is considered incomplete. In such a case, the seller’s company will try to contact the buyer and ask him to eliminate the shortcomings of the order and, if necessary, clarify and/or supplement it. The order is considered complete at the time of delivery of data clarifying and/or supplementing the order to the seller.
4.9 Telephone calls to the seller’s company may be monitored
4.10 The seller and the buyer agree that the electronic form of the order and the electronic confirmation of the order are equivalent to the written form of these actions and are equally binding for both parties.
4.11 After sending the electronic order, the buyer will receive an electronic confirmation of the order according to Article 3 of these terms and conditions.
4.12 The buyer declares that entering an electronic order is binding for him.
4.13 The buyer is entitled to change or cancel the electronic order only in writing within 3 working days of placing the order, if the goods have not yet been invoiced by the seller.
4.14 The costs of using remote means of communication (telephone, internet, etc.) to complete the order are charged to the buyer by individual operators at a normal rate, depending on the tariff of the telecommunications services that the buyer uses.
5.1 The prices of the goods are determined by the seller’s price list valid on the day of the order confirmation. By delivering the buyer’s order to the seller, in which the goods, their quantity and the price corresponding to the price of the offered goods (list price) are sufficiently specified, a price agreement is concluded in accordance with the provisions of Act No. 526/1990 Coll., on prices as amended.
5.2 If the customer does not state on the order that he is ordering the goods at prices according to a specific catalog or price list, it is irrefutably considered that he is ordering at the prices indicated in the seller’s information system. If the buyer states in the order that he is ordering according to the catalog – price list and the current price of the goods is different from the stated price, and if he has not yet been informed of this change, the seller is obliged to additionally inform the buyer of this fact in an appropriate way and to find out whether the order also in case of increased price.
5.3 The prices stated in the price list or catalog are understood to be exclusive of value added tax, transport and insurance.
5.4 The seller can provide the buyer with discounts from list prices.
5.5 The purchase price is the total price of goods and services including VAT specified in the order confirmation.
5.6 The seller has the right to set all price categories of goods freely without any restrictions and to change these prices at any time without prior notice to the buyer.
5.7 If there is a price change between the issuance of the order confirmation and the issuance of the invoice by the seller, which changes the purchase price stated in the order confirmation, the seller is obliged to send the buyer a new order confirmation with all changes. If the buyer does not submit a written proposal for a change within 3 working days, his order, recorded in the new order confirmation, is considered binding for both parties.
5.8 The buyer undertakes to pay the seller the purchase price. Payment means the moment when the relevant amount is credited to the seller’s bank account. The seller can provide the buyer with the option of payment only after the actual delivery of the goods – these payment terms must be defined in writing – by special agreement. The seller will then invite the buyer to pay the purchase price by issuing an invoice with a due date corresponding to this special agreement.
5.9 The buyer has the option to pay the purchase price in one of the following ways: Payment in cash upon receipt of goods and services – the buyer pays the seller in cash for the goods and services on the basis of an invoice issued by the seller or on the basis of a receipt issued by the seller.
Payment by bank transfer before delivery of goods and services on the basis of an advance invoice. In the case of a non-cash transfer, the purchase price is considered paid at the time the relevant amount is credited to the seller’s account, indicated on the tax document.
Sending goods by cash on delivery – goods can be sent by a cash on delivery transport service, if so indicated in the buyer’s order. This service is charged according to the valid price list.
Payment by bank transfer after delivery of goods and services – the seller can, at his discretion, provide the buyer with more favorable payment terms, these are resolved in the form of a clause to the contract.
5.10 Invoice or the tax document will contain at least the following details: a) Invoice designation and its number, b) name and registered office of the authorized and obligated company, business name and address, c) order number (purchase contract), according to which it was fulfilled, d) subject of delivery and the date of its fulfillment, e) the full name of the financial institution and the account to which payment is to be made, f) the price per unit quantity and other price details, g) the date of the invoice and its due date, h) the total invoiced amount, i) the tax clause , j) date of taxable performance.
5.11 Payments made before delivery is not an obligation, the waiver of which would entitle the customer to withdraw from the contract, but are partial payments on account of the total purchase price. The buyer is not entitled to withhold payments. Set-off is allowed only with a legally established claim. The seller is entitled, regardless of the due date of the receivables, to set off his receivables against such receivables of the buyer that the buyer has against the seller.
5.12 In the event of a substantial deterioration in the buyer’s financial situation and in the event of the buyer’s delay in paying any of the seller’s claims, the seller is entitled to declare all of his existing claims as immediately due and demand payment. In such cases, the seller can also withhold deliveries that have not yet been fulfilled from all purchase contracts, without this implying a breach of the contract or the right to withdraw from it.
5.13 The seller has the right to cancel existing contracts after prior notice and after providing a reasonable additional period for payment. This does not apply if the buyer provides sufficient security. If the seller withdraws from the contract due to non-payment of a payable claim by the buyer, the buyer is obliged to compensate him for all damages and costs incurred in connection therewith. For payments not made on time, the seller may, without prejudice to other rights belonging to him, demand compensation for damage caused by the delay in full, but at least in the amount of usual interest and commissions that are required by banks, especially the seller’s respective bank. In addition, the seller is entitled to charge interest on late payment for the period from the due date of the owed amount until its payment, in an amount exceeding by 10% the CNB discount rate valid on the day of payment of the claim.
5.14 In the absence of a prior express agreement, the seller reserves the right to decide whether, in individual cases, he will accept bills of exchange, checks and other vouchers presented by the buyer to secure the claim. The costs of discounting and collection are borne by the buyer, unless otherwise specified in the order confirmation. All means of payment of this kind are accepted only in the interest of reliable fulfillment of the monetary obligation by the buyer.
6.2 The delivery period for goods that are not in stock is subject to receipt of the goods in question from the manufacturer. The buyer cannot request compensation for damage caused by non-delivery of goods from the manufacturer to the seller. The delivery period is reasonably extended in cases where the delivery is delayed due to unforeseen events, in particular lack of energy or raw materials, strike, lockout, official measures or delay or failure of sub-supplies. If the obstacles last longer than one month, or if there is a stoppage of operations at the seller’s company or its subcontractors, or longer-term exceptional events that are beyond the seller’s control, the seller is entitled to withdraw from the contract.
6.3 The seller and the buyer agree on a standard delivery period of no more than 40 working days from the confirmation of the order. Adherence to the delivery period is conditioned by the fulfillment of the buyer’s contractual obligations. Exceeding this deadline is not a serious (substantial) breach of contract, but entitles the buyer to withdraw from the purchase contract without any penalties. If the seller falls into a delay with the delivery of more than one month, the buyer is entitled to withdraw from the contract only after the reasonable (but at least fourteen) additional period set by him has expired.
6.4 All other arrangements regarding delivery times must be made in writing.
6.5 At the same time as the delivery of the goods, a tax document (invoice) and a delivery note are issued and sent to the buyer.
6.6 Partial deliveries are permissible, unless expressly agreed otherwise. Recalls (clarifications) of individual partial fulfillments must be scheduled in time as evenly as possible in terms of time and quantity. If the layout and collection are inconsistent with the above provisions, the seller is entitled to withdraw from the contract or demand compensation for damages without prejudice to other rights.
6.7 Any requests by the buyer to change the purchase contract, if accepted by the seller, extend the agreed delivery period to a reasonable extent. If the buyer’s requirements to change the quality of the products are accepted, the seller’s right to a possible price adjustment is associated with this. In such a case, the seller is released from responsibility for defects that occurred as a result of a non-standard technological procedure in order to ensure the buyer’s requirements.
6.8 For the buyer’s delay in fulfilling the obligation to collect the goods, the seller is entitled to charge a contractual penalty of 0.1% of the price of the uncollected goods without prejudice to his other possible claims (in particular the claim to compensation for storage costs and the claim to compensation for damages in full) every begun decade of delay days.
7.1 The subject of performance must have the quality according to the buyer’s request in the validly concluded purchase contract, otherwise according to the relevant technical standard, or characteristics common to the relevant type of goods. In the purchase contract, the parties can agree on deviations from the standard quality with limited or unlimited validity and reflect the deviation from the standard quality in the price agreement. In terms of applicable laws, the seller provides a warranty for the goods, with the exception of software, to the extent specified in the delivery note for the goods. For the subject of performance, with the exception of SW installation, the seller can provide a contractual, so-called extended warranty, the scope and provision of which are governed by the conditions specified in this contract.
7.2 The warranty period begins on the date of acceptance of the subject of performance by the buyer, i.e. the date indicated on the delivery note, which also serves as a warranty note. The warranty period is extended by the period during which the buyer could not properly use the object of performance due to the occurrence of a defect.
7.3 The warranty does not cover defects caused by poor service, unprofessional or inappropriate handling. The warranty also does not cover damage to the item of filling due to excessive mechanical wear. The warranty does not cover the lifetime of consumables.
7.4 Complaints about quantity or obvious quality defects of goods can be made no later than eight days after receiving the delivery. A complaint is considered timely if it is sent on the last day of the deadline.
7.5 The warranty does not apply to cases of non-functionality of the original software product installed by the manufacturer, caused by the intervention of a third party, or settings changes caused by it. Changing the settings means any change to the system settings by the manufacturer or seller of installed software products (so-called OEM software), the installation of another or additional software product, or the installation of drivers by the buyer or a third party.
7.6 The warranty also does not cover defects caused by the use of incorrect or defective software, or the use of consumables other than those expressly recommended by the manufacturer. The seller is not responsible for any loss, damage or misuse of data stored on storage devices.
7.7 The warranty does not cover damage caused by natural disasters, violent damage, weather effects, lightning damage, or operation under extremely unusual conditions.
7.8 The warranty expires in the event of unauthorized intervention in the subject of performance by a person who was not expressly authorized by the seller to perform the intervention.
7.9 The warranty expires if the device is used in violation of the technical specification (e.g. when using other than recommended supply voltages, etc.)
7.10 In the case of warranty and post-warranty repairs of HW defects of the subject of performance, the work and materials are covered by the warranty for a period of 6 months.
8.1 The buyer is obliged to make a complaint by written notification (email) containing the most detailed specification of the identified defect in the subject of performance. The place of complaint is the seller’s premises designated for this purpose, or place specified in the contract.
8.2 When making a complaint about the subject of performance, the buyer is obliged to prove the purchase of the subject of performance from the seller with an invoice/delivery note/disbursement (indicating the serial number of the claimed goods).
8.3 In cases of complaints about the function of the PC system, servers or other products of the seller, the complaint can be made with the seller by phone on the telephone numbers designated for this purpose. When making a claim, you must report the serial number of the PC system, server, or of another product (see warranty card or type plate), and further describe the nature of the defect in as much detail as possible and indicate the name and telephone number of the buyer’s contact person). The seller will then ensure an assessment of the claim and, in agreement with the buyer, will take steps to eliminate any defects in accordance with other provisions of this contract and its clauses.
8.4 Due to the risk of possible damage to the object of fulfillment during transport, the seller is not obliged to accept for a claim an object of fulfillment that is not packed in the original packaging (original packaging can be considered the original packaging of an identical piece of the object of fulfillment) or in packaging that provides the same protection as the original packaging . Furthermore, the seller is not obliged to accept the object of performance to settle the claim, if the buyer does not hand it over with all components and accessories.
8.5 In the case of compliance with the above-mentioned provisions, the authorized person of the seller will take over the object of performance to settle the complaint. The buyer is informed about the result of the complaint in the manner agreed with the seller (by phone, in writing), within 1 week at the latest from the acceptance of the object of performance for handling the complaint. If it is necessary to assess the defects of the goods by an authorized representative of the manufacturer, the seller will ensure the assessment of the legitimacy of the claim within 2 weeks of taking over the subject of performance.
8.6 The seller is not liable for any loss of data stored on the data carriers of the subject of performance in the event of a complaint or in case of out-of-warranty repairs. In case of possible loss, the data must be backed up before handing over the subject of performance for a claim or repair.
9.1 In the event of a defect in the subject of performance, which is covered by the warranty in accordance with these general terms and conditions, the seller will remove the defect in the form of repair, or replace the defective part with a part of the same type or replace it with another part that is interchangeable by type, or replace the subject of performance with a faultless one, namely in the seller’s service center, or for the subject of performance specified below at the place of installation of the subject of performance at the buyer’s place. The decision on how to remove the defect is up to the seller. The seller is entitled to use a third party to provide warranty service.
9.2 Warranty service on own products delivered by the seller is provided by the seller as standard according to the type of device. The conditions of the above-standard service must be agreed in writing when concluding a special service contract.
9.3 The seller provides the following types of HW warranty service for complete PC systems:
- a) Standard service (ELVAC STANDARD): warranty repair of HW defects is carried out at the nearest service center of the seller. The service intervention is started immediately, no later than 2 working days after delivery of the claimed goods by the buyer to the service center.
- b) Extended service (ELVAC ON SITE): warranty repair of HW defects is carried out during the entire warranty period at the place of installation at the buyer’s place. The service intervention is initiated no later than 5 working days after notification of the complaint by the buyer.
- c) Special service (ELVAC NEXT BUSINESS DAY): warranty repair of HW defects is carried out during the entire warranty period at the place of installation at the buyer’s place. The service intervention is started no later than the second working day after the complaint is reported by the buyer.
Special service (ELVAC NONSTOP): warranty repair of HW defects is carried out during the entire warranty period at the place of installation at the buyer’s place. The service intervention is started within 8 hours from the notification of the complaint by the buyer.
9.4 Standard warranty service is included in the purchase price of the complete PC system. Extended service conditions, including an extended warranty, are always invoiced at the same time as the delivered PC system, and a special contract is always drawn up for them.
9.5 The performance of warranty service at the place of installation (applies to 9.3 b) and 9.3 c)) for the buyer is limited territorially to the territory of the Czech Republic, unless otherwise contractually agreed.
9.6 Other service conditions are provided by the seller to the buyer on the basis of a separate contract. Based on the buyer’s order, the seller will carry out warranty service at the place of installation of the subject of performance at the buyer’s place, even outside of the cases listed above. In this case, the buyer undertakes to pay in cash or by transfer to the seller the costs of the service intervention in the form of a service fee for the technician’s visit in the amount given by the valid price list of the seller’s services.
9.7 The above conditions for performing warranty service at the place of installation at the buyer’s place apply to the base unit, including the peripherals, monitor and keyboard built into the base unit by the seller, which together formed the subject of performance delivered by the seller.
9.8 In the case of defects whose symptoms cannot be reproduced (randomly occurring defects), the time for diagnosis and repair of the defect is determined by agreement between the authorized persons of the seller and the buyer. If it is not possible to remove such a defect at the buyer’s place, the seller will remove such a defect after performing the appropriate tests at the service center.
9.9 The buyer undertakes to create for the seller or an entity authorized by him the conditions for the successful performance of the service procedure (allow entry to the object, access to the equipment, access to the system, the presence of his representative, etc.), as well as the conditions for completing the necessary formalities for the repair of the claimed defect.
10.1 If the delivery of the goods has not yet been completed, the buyer may withdraw from the purchase contract within one month from the date of its conclusion. Withdrawal from the purchase contract must be made in writing and delivered to the seller’s address stated at the beginning of these GTC.
10.2 In the event of a valid withdrawal from the purchase contract, the buyer is obliged to return the goods (object of purchase) received under the purchase contract to the seller’s address stated at the beginning of these GTC within 14 days from the date of delivery of the withdrawal to the seller.
10.3 In the event of a valid withdrawal from the purchase contract, the seller is obliged to return the price paid to the buyer within 30 days from the date of delivery of the withdrawal to the seller.
10.4 In the event of withdrawal from the purchase contract, the goods must be returned to the seller in their original and unchanged condition, i.e. in a state where: the goods will not show obvious signs of use; the goods will not show signs of physical damage; the goods will not be unusable for the purpose for which they were intended due to sanitary or hygienic reasons; the nature of the goods will not be fundamentally changed by thermal, chemical or physical effects; the goods will not have any other defect that did not exist on the goods at the time of their handover and which prevents the proper use of the goods in question for the intended purpose.
10.5 If the goods (object of purchase) are not returned to the seller in their original condition, the seller is entitled to deduct reasonable and demonstrable costs for restoring the goods to their original condition, or to repair the goods, from the purchase price to be returned to the buyer. In the event that these costs cannot be deducted from the purchase price (e.g. because payment has not yet taken place), the seller is entitled to demand these costs from the buyer in the event of withdrawal from the contract.
10.6 If the buyer withdraws from the purchase contract, the seller may deduct from the purchase price, which is to be returned to the buyer, reasonable and demonstrable costs incurred by the seller in connection with the return of the goods (i.e. postage costs if paid by the seller, costs for repackaging the goods and reasonable costs for transporting the goods). In the event that these costs cannot be deducted from the purchase price (e.g. because payment has not yet taken place), the seller is entitled to demand these costs from the buyer in the event of withdrawal from the contract.
10.7 If the buyer withdraws from the purchase contract before paying the seller the purchase price, the seller is entitled to demand payment of the reasonable costs incurred for transporting the goods, if delivery of the goods to the address specified by the buyer has been agreed.
11.1 The buyer acquires ownership of the goods as soon as the full purchase price is paid to the seller. Until all of the seller’s delivery-related claims against the buyer are met (payments by check or bill of exchange are fulfilled only by their payment), the seller reserves ownership of the delivered goods. The buyer may resell the goods subject to retention of title only in regular business dealings. The buyer is not entitled to dispose of the goods other than to sell them (in particular to pawn them or to guarantee the goods to third parties). When selling goods subject to retention of title to third parties, the buyer is obliged to reserve the right of ownership against them. All receivables due to him from resale or for other legal reasons are forwarded to the seller in advance to secure them and he is obliged to inform his debtors about this. If the seller’s claims are due, the buyer is obliged to deposit the collected amounts separately and immediately pay them to the seller. The buyer must notify the seller immediately of third-party interventions in goods subject to retention of title or in assigned claims. Potential costs in the event of intervention are paid by the buyer.
11.2 In the event of non-compliance with the payment terms, when filing a motion to initiate insolvency proceedings, when payments are stopped and when the company is liquidated, the buyer’s right to process and sell the goods falling under the reservation of title and to collect claims assigned by the seller shall cease. In this case, the seller is entitled to take over the goods at his disposal. If the seller does so, it has the effects of withdrawal from the contract only if the seller clearly and explicitly declares it. The costs of storage, transport and other costs incurred as a result of taking back are borne by the buyer. In this case, the buyer is also obliged, at the request of the seller, to notify the above-mentioned agreed assignment of ownership rights and claims to third party debtors and to provide the seller with the information necessary to exercise his rights against the debtor and to issue the necessary documents. The seller is entitled to credit the goods taken back on the basis of retention of title to his own benefit and instead of the book value he can charge the price valid on the day of return, or the price he could achieve during the intended use or sale, with the costs of the sale going to the buyer in any case
11.3 The risk of damage to the goods passes to the buyer at the moment when he can handle the goods. If the acceptance of the goods is delayed for any reason, the risk of damage or loss of the subject of the purchase contract passes to the buyer at the moment of sending the notification to the buyer about the readiness of the goods for collection.
12.1 The buyer acknowledges that the individual trademarks are the property of the respective companies and undertakes to respect all rights resulting from this ownership.
13.1 If events occur that cannot be foreseen at the time of the conclusion of the purchase contract, and which cause an obstacle to the seller in the fulfillment of his contractual obligations, the seller is entitled to postpone the deadline for performance by the period for which this obstacle lasted and by the time necessary to resume normal activity.
13.2 In all cases of circumstances excluding liability (including non-culpable delay of sub-supplies, non-culpable transport complications and events of force majeure that disrupt the fulfillment of the seller’s contractual obligations), the seller is entitled to withdraw from the contract without being obliged to provide compensation to the buyer.
13.3 The buyer may request a statement from the seller as to whether he will withdraw from the contract or whether he will perform within a reasonable replacement delivery period. If the seller does not respond immediately, the buyer has the right to withdraw from the contract. The buyer cannot refuse the partial performance that has been carried out up to that time.
14.1 All relationships, not regulated in these general conditions, are governed by the relevant provisions of the Civil Code as amended. The seller reserves the right to modify these terms and conditions without prior notice.
14.2 The eventual invalidity of any provision of these general terms and conditions does not affect the validity of the other provisions. Those provisions of the General Terms and Conditions, which are in conflict with the provisions on consumer protection, apply only to business obligations between the seller and the buyer with the status of an entrepreneur.
14.3 By providing and publishing these GTC, all provisions on the obligation to provide information to the consumer in the sense of Act No. 89/2012 Coll. of the Civil Code as amended.
The buyer hereby grants the seller consent to the collection, processing and storage of his personal data (name, surname, place of residence, date of birth) in the seller’s records and data files in accordance with the relevant provision of Act No. 101/2000 Coll. Personal and identification data means in particular: name, surname, address, date of birth, social security number/or national identifier, age, gender, numbers of submitted documents, business company/name, registered office/place of business, registered office of organizational unit, name, surname and residence of persons authorized to act on behalf of the legal entity, identification number, tax identification number, telephone number, password, contact telephone number, e-mail connection, bank connection and other data legitimately obtained about the buyer.
16.1 When registering on the seller’s E-SHOP, the buyer must provide the following information.
If it is a natural person:
- a) Name and surname,
- b) password,
- c) address (street, city and zip code)
- d) full email address,
- e) telephone contact.
This information is necessary to identify the buyer. They are used to realize and account for the buyer’s payment for the purchased goods, for the purpose of correct delivery of the goods and to communicate with the buyer.
If the buyer is a legal entity and wants to pay by transfer from the company’s bank account, he must provide the following information about the company:
- a) Name of the company,
- b) CIN,
- c) TIN,
- d)name of the contact person,
- f) password,
- g) address (street, city and zip code)
- h) full email address,
- e) telephone contact.
These data will enable the seller to carry out the necessary accounting operations, prepare a tax document usually required by both parties, or identify the buyer’s payment made by bank transfer.
So that buyers do not have to re-enter their registration data every time they make a purchase on the E-SHOP, they are stored in our database, where they are protected against misuse. Buyer’s orders are collected while using the E-SHOP. This is necessary to ensure the delivery of goods, handling complaints and the like. Purchase data is stored in a secure database and is not provided to third parties.
16.2 The buyer’s personal data are confidential within the E-SHOP and are not provided to any entities outside the E-SHOP, with the exception of payment system partners, which can be, for example, banks, but always only within the framework of one specific payment using these services. E-SHOP does not sell, rent or otherwise provide the buyer’s data to any third party.
16.3 By using the E-SHOP online store, the buyer agrees to the collection and use of information about the buyer and his purchases. The rules for handling this data are described in this document. If they change in the future, the details of the new rules will be published on the E-SHOP.
Release date: 8/12/2022