Terms & Conditions - smaltovna-tupesy.cz

a) By placing the order the Buyer accepts the Business Terms and Conditions for goods delivery of the Seller. The relationship between the Seller and the Buyer is governed by these Business Terms and Conditions, which are binding for the parties, unless explicitly specified otherwise in the Contract. The Business Terms and Conditions provide further specification of the rights and liabilities of the Seller (Smaltovna Tupesy, a.s..) and its clients (buyers) and it their valid wording represent the content of the purchase contract (on goods delivery), or form an integral part thereof.

b) Unless a written permanent purchase contract exists between the parties the Seller shall deliver the goods on the basis of electronic order and specification of the Buyer (orders delivered by electronic mail) filled out in the form available on the first registration of the customer in the Internet shop.

2. Subject of Contract

The subject hereof only includes the items explicitly specified in the purchase contract - order (hereinafter just "goods"). The weights, sizes, capacity, prices, performance and other data included on the web site of Smaltovna Tupesy, a.s., in the catalogues, publicity materials and other prints are for information only and do not represent binding data, unless explicitly specified in the contract as binding. Smaltovna Tupesy, a.s. (hereinafter the "Seller") hereby agrees to supply to its clients:
- Faultless goods in compliance with the respective specification or with properties usual for the given goods type
- Compliant with the standards, regulations and rules effective in the Czech Republic
- Provided with instruction for use, warranty certificates and lists of post-warranty repair shops, if usual for the given goods type, in the Czech language

3. Implementation Place

The implementation place shall be the warehouse of the Seller. On personal takeover of the goods the Buyer shall be liable to submit a document proving full payment of the purchase price of the goods in the shipment warehouse. In the case of the goods takeover by a person other than the Buyer the person shall be liable to submit authorisation issued by the Buyer and including the name of the authorised person, plus the valid identity card for identity verification.

4. Goods Order, Contract Execution

Validity of an electronic order is conditioned by filled out data required by the form. The order is a draft purchase contract. For conclusion of a purchase contract formal confirmation of the order by the Seller is not required and the contract results from the actual delivery of the goods. The Seller may request the contract conclusion by confirmation of the order in individual, especially more expensive cases.

b) Depending on the nature of the transaction (quantity of the goods, the price, the transport costs, the transport distance etc.), the Seller may always ask the Buyer for the order authorisation in an appropriate manner, for example by phone or in writing. If the Seller refuses to authorise the order in the required manner the order shall be deemed invalid.

c) If a long-term framework purchase contract has been executed between the parties in writing, the electronic order shall further specify the executed general contract and shall become its integral part.

d) Permanent clients with executed written purchase contract shall enjoy the advantages agreed on the contract execution, or unilaterally offered by the Seller after execution of the written contract on the Seller' s web site,

5. Price and Payment Terms

The prices listed on the web site of Smaltovna Tupesy, a.s. are valid at the moment of the order placement. The prices listed in the printed price list are valid until issue of a new price list. The Seller hereby reserves the right to misprints and price change in the case of changed exchange rates, significant increase of inflation or significant changes of supplier conditions of manufacturers and other goods suppliers. The purchase price shall only be deemed paid after crediting of the whole purchase price amount for each unit of delivery to the current account of the Seller or after cash payment of the purchase price at the cast register of the Seller. In the case of failure to comply with any payment deadline the Buyer shall be changed with a delay interest calculated from the amount of the delayed payment as 0.1 % for each day of the delay. The Seller hereby reserves its ownership right to the goods until full payment of the purchase price of the goods.

The invoice issued on the basis of the purchase contract between the Seller and the Buyer shall at the same time be the tax invoice. Goods takeover by the Buyer is as a rule only possible after its full payment, unless agreed otherwise.

The price of the goods shall include the price of transport.

V.A.T. Act, Chapter III § 9 Para 1 letter a)

Taxable supply shall be deemed implemented by goods sale pursuant to a purchase contract on the delivery date, or, in other cases, by the date of the goods takeover or payment, whichever comes earlier, unless the Act stipulates otherwise.

“Goods delivery date” pursuant to the Commercial Code: Chapter II, Section 2, § 412 Para 1

Unless the seller is bound by the contract to deliver the goods to a particular place, the goods delivery is deemed implemented on the goods handover to the first shipper for the purpose of the goods transport to the buyer, if the contract stipulates shipment of the goods by the seller.

6. Delivery Term

The delivery term shall start from the date of receipt of binding order on condition of submission of all documents necessary for timely settlement of the order. If the goods are on stock the Seller hereby agrees to ship or submit the goods to the shipper within 5 working days. The delivery deadline shall be extended appropriately to the circumstances if a delay is caused by force majeure or other circumstances not caused by the Seller.

In the event that the goods are not in stock and it should be made, delivery time is 4-6 weeks. About this customer will be informed by mail within 2 working days after receipt of order.

For individual orders in the "House number" and "Street signs" is always necessary to make a first order, the delivery time is 4-6 - weeks.

7. Transport Conditions, Postage

Summary of possible ways of goods delivery and their prices for:

Česká pošta^*	161 Kč
Expresní balíková služba DPD^*	156 Kč
Osobní vyzvednutí zboží^*	0 Kč

^*For deliveries over 3000 Kč (inc. of VAT) is transport free of charge for this delivery.

Summary of possible payment methods and their prices:

Dobírkou 0 Kč

Převodem z účtu 0 Kč

GSM Banking 0 Kč

V hotovosti při os. vyzvednutí 0 Kč

^*For deliveries over 3670 Crown (inc. of VAT) is transport free of charge for this delivery.

Summary of possible payment methods and their prices:

The delivery deadline shall be within 3 working days from handover of the consignment to the shipper. The Buyer shall be liable to duly take the goods over from the shipper, check intactness of the packaging, the number of packages and immediately inform the shipper in the case of any defect or discrepancy. The tax invoice shall be attached to the delivery in a package marked in this way.

8. Warranty, Service

The warranty period shall start on the date of the goods handover to the Buyer or end user on sale. The Seller provides guarantee for quality and completeness of the delivery. The goods shall be delivered with at least 24-month warranty. If the Buyer discovers any defect on the goods takeover, it shall notify this fact in writing by registered mail without undue delay, but no later than within 3 days from the goods takeover.

The complaint protocol shall include the date of the goods delivery, the quantity that is subject of the complaint, a description of the defect and a proposal for settlement of the complaint. The Seller shall be liable to respond to the complaint within 10 days from receipt.

9. Final Provisions

These Business Terms and Conditions apply in the wording published on the web site of the Seller on the date of the electronic order placement, unless otherwise agreed between the parties in writing. In the case of a permanent contractual relationship (written framework purchase contract) the Buyer shall be entitled to withdraw from the contract if the Business Terms and Conditions change substantially after execution of the contract. If the Buyer places an order after change of the Business Terms and Conditions then the Buyer shall be deemed to agree with the new Business Terms. Withdrawal shall be effective from the moment of its delivery to the Seller, except for consignments already handed over to the shipper. By placing an electronic order the Buyer fully accepts all provisions of the Business Terms and Conditions in the wording effective as to the date of the order placement, including the price of the ordered goods (including potential shipment and transport costs if applicable) listed in the price list published on the web site, unless demonstrably agreed otherwise in any particular case. The Buyer is irrevocably bound by a placed purchase order (draft purchase contract) for the period specified as the lead time. The parties have explicitly agreed in the sense of the provisions of Section 262 Para 1 of the Commercial Code that unless explicitly stipulated otherwise by the Business Terms and Conditions their rights and liabilities shall be governed by the Commercial Code, especially its provisions of Section 409 and following.