BUSINESS TERMS AND CONDITIONS FOR WHOLESALE TRADE
of the trading company
SVĚT KAMENŮ s.r.o.
based in nábřeží Dukelských hrdinů 2269, 756 61 Rožnov pod Radhoštěm
company registration number: 07496303
recorded in the Business Register held at the Country Court in Ostrava, Section C, Inset 76016
for the selling of goods via an online shop located at the Internet address www.svetkamenu.cz
1. INTRODUCTORY PROVISIONS
1.1. These business terms and conditions (hereinafter referred to as ‘business terms and conditions’) of the trading company SVĚT KAMENŮ s.r.o. based in nábřeží Dukelských hrdinů 2269, 756 61 Rožnov pod Radhoštěm, company registration number: 07496303, recorded in the Business Register held at the Country Court in Ostrava, Section C, Inset 76016 (hereinafter referred to as ‘the seller’) govern in accordance with the provision § 1751 paragraph 1, Act N 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as ‘the Civil Code’) the mutual rights and obligations of contracting parties arising in relation to or on the basis of a sales contract ( hereinafter referred to as ‘sales contract’) concluded between the seller and another entrepreneur or a legal person (hereinafter referred to as ‘buyer’) via an online Internet shop of the seller. The Internet shop is operated on the website located at the Internet address www.svetkamenu.cz (hereinafter referred to as ‘website’), by means of the website interface (hereinafter referred to as ‘web shop interface’).
1.2. These business terms and conditions apply to buyers that are entrepreneurs, and to legal persons. These business terms and conditions do not apply to contracts concluded between the seller and a consumer, but Business Terms and Conditions for Retail Purposes.
1.3. Provisions derogating from business terms and conditions can be negotiated in the sales contract. Special divergent stipulations in a sales contract take priority over standard provisions of the business terms and conditions.
1.4. Provisions of business terms and conditions shall form an integral part of a sales contract.The sales contract and business terms and conditions are drawn up in Czech language. A sales contract can be concluded in Czech language.
1.5. The wording of the terms and conditions may be amended and supplemented by the seller. This provision shall be without prejudice to the rights and obligations incurred during the period of application of the previous version of business terms and conditions.
2. USER ACCOUNT
2.1. Based on the registration carried out by the buyer on the website, the buyer can access their user interface. From their user interface, the buyer may carry out ordering goods (hereinafter referred to as ‘user account’). In the event that the web shop interface makes it possible the buyer can order goods without registration directly from the web shop interface.
2.2. When registering on the website and ordering goods, the buyer shall be obliged to provide correct and truthful data. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered to be correct by the seller.
2.3. Access to a user account is secured by a user name and password. The buyer shall keep the confidentiality regarding the information necessary to access their user account.
2.4. The buyer is not authorized to allow the use of a user account to third parties.
2.5. The seller may cancel a user account, especially where the buyer does not use their user account for more than, or where the buyer breaks their obligations under the sales contract (including business terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or with regard to the necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF A SALES CONTRACT
3.1. All presentation of goods in the web shop interface is of an informative nature and the seller is not obliged to enter into a sales contract regarding these goods. The provision of § 1732 paragraph 2 of the Civil Code shall not apply.
3.2. The web shop interface shall contain information on the goods, including the indication of the prices of individual goods and the cost of returning the goods if, by their nature, the goods cannot be returned by ordinary post. The prices of the goods are given without value added tax. This provision does not limit the possibility of the seller to conclude a sales contract on individually agreed conditions.
3.3. To order the goods, the buyer shall fill in the order form in the web shop interface. The order form shall contain mainly information on:
3.3.1. ordered goods (the ordered goods shall be ‘ the electronic shopping basket of the web shop interface),
3.3.2. the method of payment, the purchase price of the goods, details of the method of delivery of the ordered goods, and
3.3.3. information on costs associated with the delivery of goods (hereinafter referred to as ‘order’).
3.4. Before sending an order to the seller, the buyer shall demonstrate that they are entrepreneurs by entering a valid identification number in the order. The seller shall not be obliged to confirm the received order. An unconfirmed order is not binding for the seller. The seller is entitled to verify the order in case of doubts as to the authenticity and seriousness of the order. The seller may reject an unverified order. The contract is concluded when the buyer has received the acceptance of a binding order by the seller.
3.5. In the event of cancellation of the order by the buyer, the seller shall be entitled to a cancellation fee of 30% of the price of the goods. Where the seller has already incurred costs in connection with the contract, he shall also be entitled to reimbursement of these purposefully incurred costs in full.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of goods under the sales contract may be paid by the buyer to the seller in the following ways:
in cash at the premises of the seller, at the following address: nábřeží Dukelských hrdinů 2269, 756 61 Rožnov pod Radhoštěm;
in cash on delivery at the place specified by the buyer in the order;
non-cash prior to the dispatch of the goods by transfer to the account with the company Svět kamenů s.r.o. (hereinafter referred to as ‘seller’s bank account’), or without cash after the delivery of goods by transfer to the seller´s bank account on the basis of an invoice. The seller reserves the right to change this method of payment in cases where this has not been agreed in advance or already approved in the past.
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. When paying in cash, the price is payable upon receipt of the goods. In the case of a non-cash payment, the price shall be payable within 14 days of receipt of the order, unless otherwise agreed by the parties. The buyer´s obligation to pay the price of the goods is fulfilled in the case of non-cash payment at the time of crediting the relevant amount to the seller´s account
4.4. In the case of non-cash payment, the buyer shall pay the purchase price of the goods together with the variable payment symbol.
4.5. The seller is entitled to demand payment of the full purchase price before the goods are dispatched to the buyer.
4.6. Any discounts on the price of the goods provided by the seller to the buyer shall not be combined with each other.
4.7. The seller shall issue a tax document – invoice – to the buyer regarding the payments made on the basis of the sales contract. The seller is a payer of value added tax. The tax document – the invoice shall be sent by the seller to the buyer in an electronic form to the buyer´s email address.
4.8. In the event of non-compliance with the due date according to these terms and conditions, the seller shall be entitled to a contractual penalty of 0.3% of the amount due for each day of delay. This is without prejudice to the seller´s entitlement to compensation for damage caused to him by the buyer´s delay.
4.9. In the event of buyer´s delay in paying the price of the goods, the seller shall also be entitled to suspend other agreed deliveries of goods until all due debts of the buyer have been repaid.
5. WITHDRAWAL FROM THE SALES CONTRACT
5.1. Until the goods are taken over by the buyer, the seller shall be entitled to withdraw from the sales contract at any time. In such a case, the seller shall reimburse the buyer the purchase price, which has already been paid by the buyer, non-cash to the account communicated for this purpose by the buyer or the account from which the funds were transferred to pay the purchase price (if the buyer does not notify the seller within 5 days of withdrawal).
5.2. The seller is further entitled to withdraw from the contract if the buyer is late with the payment of the purchase price of the goods for more than two weeks. At the same time, in this case, the seller is entitled to a contractual penalty of 30% of the price of the goods.
5.3. The buyer is not entitled to withdraw from the contract regarding goods that have been delivered properly, on time and without defects.
5.4. Withdrawal from the contract shall be made in writing and, in the case of contracts negotiated by electronic means also electronically. Withdrawal from the contract shall be effective by delivery of notice of withdrawal to the other contracting party.
5.5. The seller shall be entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer´s right to a refund of the purchase price.
5.6. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a binding condition that, in the event of withdrawal from the sales contract, the gift contract for such a gift shall cease to be effective and the buyer shall be obliged to return the gift to the seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. Where the mode of transport is contracted on the basis of a specific buyer´s request, the buyer shall bear the risk and any additional costs associated with this mode of transport.
6.2. If, according to the sales contract, the seller is obliged to deliver the goods to a place designated by the buyer in the order, the buyer shall be obliged to take over the goods at the time of delivery.
6.3. Where, for reasons on the buyer´s side, goods are to be delivered repeatedly or in another way than specified in the order, the buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. A report shall be drawn up on the defects. Where no report on packaging defects is written, the buyer loses the claims arising from the damaged packaging of the goods and the seller shall not be liable for any damage suffered.
6.5. Immediately after taking over the goods, the buyer shall check the goods and, in particular, be required to check the number of pieces of goods and its completeness. In the event of non-compliance, the buyer is obliged to notify the seller without undue delay, but no later than 2 working days after receipt of the goods. The buyer is obliged to document the detected defects in a suitable manner and send this documentation to the seller, together with the notification of the defect (complaint).
6.6. The non-acceptance of the goods by the buyer does not affect the right of the seller to claim payment of the purchase price in full.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The seller is responsible for ensuring that the goods are free of defects upon receipt. That is, the goods upon receipt, in particular:
7.1.1. are in the agreed quantity,
7.1.2. correspond to the quality and design agreed between the buyer and the seller, according to the agreed sample or model, or according to the purpose apparent from the contract,
7.1.3. have no legal defects, i.e. a third party has no property rights to the goods and the goods are equipped with the documents necessary for the proper use of the goods,
7.1.4. are in an appropriate quantity, measure or weight.
7.2. The seller does not provide any guarantee for quality.
7.3. The difference in colour shades in reality and on electronic display devices cannot be considered a defect of the goods.
7.4. The buyer´s rights from defective performance are governed by the Civil Code, in particular the provisions of § 2099 to 2117.
7.5. If the defect of the goods is a substantial breach of contract, the buyer is entitled to these rights from the defective performance:
7.5.1. elimination of a defect by delivery of a new item without a defect or by delivery of a missing item;
7.5.2. elimination of a defect by repairing the thing;
7.5.3. reasonable discount from the purchase price; or
7.5.4. withdrawal from the contract.
7.6. If the defect of the goods is a minor breach of contract, the buyer may request:
7.6.1. defect elimination; or
7.6.2. a reasonable discount from the purchase price.
7.7. The buyer is obliged to inform the seller about the chosen method of resolving the complaint when notifying the defect, otherwise the seller shall decide on it. The choice made can only be changed in agreement with the seller. If the buyer considers the defect to be a material breach of the contract, they shall be obliged to prove that to the seller.
7.8. The buyer acknowledges that until they exercise their right to a discount on the purchase price or withdraw from the contract, the seller is entitled to deliver the missing goods or remove a legal defect.
7.9. The replacement of goods or withdrawal from the contract cannot be requested where the buyer is unable to return the item in the condition in which they received it.
7.10. The rights of defective performance do not belong to the buyer, if they knew about the defect before taking over the item or caused the defect themselves.
7.11. Furthermore, liability claims do not apply to wear and tear of the goods caused by their normal use; on goods sold at a lower price – only in relation to a defect for which the lower price has been agreed; or if this is apparent from the nature of the matter.
7.12. The buyer is obliged to file a complaint with the seller without undue delay from the discovery of the defect. The contact address of the seller is designated for receiving the claimed goods.
7.13. Binding procedure for complaints:
7.13.1. for faster settlement, the buyer may inform the seller in advance about the complaint by phone, e-mail or in writing;iting;
7.13.2. the buyer is obliged to inform the seller of the right they have chosen in relation to the defective performance, to describe the defect and/or to describe how it manifests itself;
7.13.3. the buyer delivers the claimed goods to the seller (in a different way than cash on delivery, which the seller does not accept), and when sending them, the buyer shall be obliged to pack the goods in a suitable package in such a way as to avoid damage or destruction;
7.13.4. the buyer shall attach to the goods a proof of purchase of goods or a tax document – an invoice, if issued, or another document proving the purchase of goods.
7.14. The moment of claim is the moment when the claimed goods have been delivered to the seller so that the seller may examine the defect.
8. PERSONAL DATA PROTECTION
8.1. Their information obligation towards the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing the Directive 95/46/ES (General Data Protection Regulation) (hereinafter referred to ‘GDPR regulation’) relating to the processing of personal data of the buyer for the purposes of fulfilling the sales contract, for the purposes of the negotiation of the sales contract and for the purposes of fulfilling the obligations of the seller, the seller shall perform by means of a specific document.
9. SENDING OF COMMERCIAL COMMUNICATIONS AND STORING COOKIES
9.1. In accordance with the provisions of § 7, paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on Certain Information Society Services), as amended, the buyer agrees with the sending of commercial communications by the seller to an electronic address. or to the telephone number of the buyer.
9.2. The buyer agrees to store the so-called cookies on their computer. In the event that the purchase on a website can be executed and the seller´s obligations under the sales contract can be performed without storing the so-called cookies on the buyer´s computer, the buyer may withdraw the consent referred to in the previous sentence at any time.
10.1. Delivering can be performer to the buyer´s email address.
11. FINAL PROVISIONS
11.1. If the relationship established by the sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law, excluding the application of the UN Convention on Contracts for the International Sale of Goods.
11.2. If any provision of the Business Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions
In Rožnov pod Radhoštěm on 1 June, 2021