General Business Terms and Conditions of Retail
These General Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) apply to contracts concluded via on-line shop REMANTE located on website http://shop.remante.com (hereinafter referred to as the ”website“) between
REMANTE GROUP s.r.o., registered office Na Starém břehu 2756/7, 746 01 Opava, Businees ID No.:02617862, VAT ID No.:CZ02617862
registered in the Commercial Register administered by the Regional Court in Ostrava, Section C, File 65075
Mailing address:REMANTE GROUP s.r.o., Na Starém břehu 2756/7, 746 01 Opava
Telephone number:+420 731 447 504
as a Seller (or service provider)
and you as a Buyer (or consumer of services)
These Business Terms and Conditions shall reasonably apply also to contracts concluded in the presence of contracting parties, except for the provisions governing the use of means of remote communication.
- INTRODUCTORY PROVISIONS
1.1. What types of contracts can be concluded through the website?
Contracts concluded through the website may include above all a purchase contract or a contract for the provision of services, or possibly other contracts not listed here (hereinafter jointly "contract”).
Under a Purchase Contract we undertake to deliver to you goods listed in the purchase order and you undertake to accept the goods (either in person or from a carrier) and pay us the purchase price listed in the purchase order.
Goods mean namely new or refurbished parts for cars and trucks, agricultural, forestry and construction machinery and ships (also referred to as “parts”).
Under a Contract for the Provision of Services we undertake to repair a part that you sent and you undertake to accept the repaired part (either in person or from a carrier) and pay us the repair price listed in the purchase order. The repair, according to these Business Terms and Conditions, means any activity that will fix defects, consequences of damage or effects of wear.By concluding a contract you acknowledge and agree that the repair may be performed also by a third party.This shall in no way affect our responsibility for the quality of services provided.
If you are interested in the earliest possible repair, we may agree with you on using an exchange system.In such case the settlement shall be governed by these Business Terms and Conditions.
The purchase price or repair price (hereinafter "price”) shall include also the cost associated with goods delivery and possible charges related to the selected method of payment.You will be notified about the amount of this cost before you place a binding order.
You shall acquire an ownership right to the goods upon payment of the whole price but not before you accept the goods.
1.2. Is the contract a consumer contract?
It is a consumer contract in case you are a consumer, i.e. if you are a physical entity and buy the goods outside your business framework or outside you independent performance of your job.Otherwise it is not a consumer contract and the contract between us is not made according to these Business Terms and Conditions but according to General Business Terms and Conditions of Wholesale.
1.3. What special rights do you have as a consumer?
As a consumer you have above all:
- the right to withdraw from a contract concluded by means of remote communication, such as by telephone, e-mail or internet shop (Article 6 of these Business Terms and Conditions);
- entitlement to guarantee for unused parts of at least 24 months and for used (refurbished) parts of 12 months (warranty claims shall be governed by the Complaint Procedure);
- the right to be given information before making the contract (the information is contained in these Business Terms and Conditions or on the website).
1.4. What governs our legal relation?
Our legal relation shall be governed by the following documents:
- these Business Terms and Conditions, which stipulate and specify our mutual rights and duties;
- Complaint Procedure, which shall be used for goods claims;
- Terms and Conditions for the Use of Website, which govern registration on the website, your personal data protection, protection of website contents and other relations associated with the use of website;
- Assortment Conditions, which govern above all the conditions and steps in returning repaired parts;
- conditions and instructions shown on the website, namely when concluding a contract;
- purchase order and our acceptance of purchase order,
the following legal regulations in case of issues not stipulated here:
- Act No. 89/2012 Sb., Civil Code, as amended (hereinafter the "Civil Code”);
- Act No. 634/1992 Sb., Consumer Protection, as amended (only if you are a consumer).
If your place of residence or registered office is outside the Czech Republic, or if our relation contains other international element, be aware that our relation shall be governed by the Czech law.If you are a consumer and the law of the country of your residence provides higher degree of consumer protection than the Czech law, you are provided with this higher degree of protection in legal relations.
1.5. How to express consent to the Business Terms and Conditions?
By sending a purchase order and also by confirming on the website that you got familiar with these Business Terms and Conditions and agree with them.
We may change or amend the Business Terms and Conditions.Your rights and duties shall be always governed by the wording of the Business Terms and Conditions effective at the time these rights and duties arose.
2.1. How do we conclude a contract?
There is a list of goods on the website, which includes descriptions of main properties for each item.There is a price listed for each item of goods including all taxes, customs duties and charges.The website also lists the services we provide.Service prices are based on a current price list published on the website (hereinafter “price list”) and it may be changed depending on the extent of damage.You are going to be informed about a possible price change.If you do not agree with the price change, you may withdraw from the contract.
Presentation of goods and services is for information only, it is not out proposal for the conclusion of a contract in terms of § 1732 Sec. 2 Civil Code.For the contract conclusion it is necessary for you to send us a purchase order and for us to accept it.
2.2. How to place a purchase order?
You can always place an order through the website (by filling out the form), or by phone, e-mail or in other possible ways we offer based on current information on the website.
The purchase order shall contain all the information specified in the form, namely accurate identification of the goods (possibly numerical designation of goods) or service ordered, number of pieces, selected method of payment and transportation and your contact information (for delivery or billing).
In case of order in a so-called exchange system you may select an option that we buy your used or damaged part.In that case a refundable security deposit may be charged (for more details see Art. 2.5 below).Please note that the transportation of the used or damaged part may be subject to charge as per the price list.
Before you send a binding purchase order you will be given a recap of the order including final price, refundable security deposit and cost of a selected type of transportation and payment.We recommend that you check namely the type and quantity of goods, e-mail address and delivery address.Recap is your last chance to change the information entered.
You submit a binding purchase order by clicking on “Confirm Order”.We consider the information in a binding order to be correct and complete.Inform us without undue delay by phone or e-mail if this information changes.
We will inform you when we receive an order.The information (confirmation) about the receipt of an order is sent automatically; it is not our acceptance of order unless it is explicitly stated in the confirmation.
If we are in doubt as to whether the order is real and serious we can contact you to verify it.We may refuse an unverified order.Such purchase order is then regarded as not submitted.
2.3. So when is the contract concluded?
The contract is concluded at the moment you receive our acceptance of order.An acceptance of order will be sent to your e-mail address specified in the purchase order.Should the purchase order not be accepted, the contract shall be concluded at the moment you pay the whole price or accept the goods ordered (whatever comes first).The acceptance of a purchase order may be part of information about the receipt of order according to Art. 2.2 of these Business Terms and Conditions (if explicitly mentioned in the confirmation) or it may follow this confirmation separately.
Information about particular technical steps leading to the conclusion of a contract is available on the website.
2.4. Can you cancel a purchase order that has been sent?
You may cancel a purchase order that we have not accepted yet (i.e. you have not received an order acceptation from us yet according to Art. 2.3 of these Business Terms and Conditions) by phone or e-mail. All purchase orders accepted by us shall be binding.Later cancellation of a purchase order is possible only upon agreement with us.If a purchase order for goods that do not allow for withdrawal from contract (more details in Art. 6) is cancelled like this, we are entitled to compensation for cost we incurred so far in connection with the contract.
2.5. How is a price determined when we buy back your used part?
Prices of used parts shall be determined by their availability on the world markets.If the purchase is carried out as an exchange, the price of the used part is represented by a refundable deposit.
If you send us your used or damaged part before we send you an ordered part, the refundable deposit shall not be charged to you and you shall pay us only for the ordered part or service.
If you send us the used or damaged part only after the new one was sent to you, we will request payment of a refundable deposit whose amount shall be specified in the purchase order.The damaged or used part shall comply with specified conditions that enable its further repair in order for us to pay you back the refundable deposit.Assessment of repair options and evaluation of your used or damaged part shall be carried out in compliance with our Assortment Conditions.If the part you sent satisfies the conditions for deposit refund, the deposit shall be refunded to you within 14 days.
If it is possible to repair the part you sent only with additional cost incurred (purchase of missing or damaged components), the additional cost shall be deducted from your refundable deposit.We will inform you about the amount of additional cost.
If your part is damaged to the extent that the repair is impossible within the amount of refundable deposit and the deposit was added to the price of a new or refurbished part, the deposit shall not be refunded.We will inform you about this fact.
If the part you sent is beyond repair, please note that if you leave the part with our company, we are going to conclude a Donation Agreement for this part, by which you are transferring this part to our ownership free of charge and we are accepting it to our ownership.If you want the unrepairable part back, we will send it to you upon request.If you do not request the part return within 1 month from the day we informed you about the impossibility of repair, we consider the donation agreement concluded.Cost associated with the part return shall be borne by you.
2.6. Can the price published on the website change?
Prices of presented goods and prices for packaging, transportation and delivery remain in effect as long as they are displayed on the website.Possible discounts on goods may not be combined unless explicitly stated otherwise on the website.
Please note that we determine the price of repair based on a description of defect you give us. If such description is not complete or does not reflect the actual condition, or if another defect is found during the repair, we reserve the right to change the specified price.We will immediately inform you about any possible price change.If you do not agree with the changed price, you are entitled to withdraw from the contract.
If there is an apparent technical error on our part in showing the goods price on the website or during ordering, we are not obligated to provide the goods or service to you for this apparently incorrect price, not even in case you got a purchase order acceptance according to these Business Terms and Conditions.In that case we reserve the right to withdraw from the contract.
If a price listed for goods on the website or during ordering is not current any more, we are going to immediately inform you about the fact.If your purchase order has not been accepted yet, we are not obligated to conclude the contract.
A price that changed between sending the order and our acceptance of it according to Art. 2.3 of these Business Terms and Conditions shall not affect orders that had been sent.
2.7. Can you get the contract in a paper form?
The contract is not concluded on paper with signatures of contracting parties.The contract is made up of these Business Terms and Conditions, your purchase order and our acceptance of the purchase order.The whole contract shall be sent to you by e-mail or upon your request printed and sent by regular mail.When sending it by regular mail we may ask you to pay the associated cost.
2.8. What if you do not understand something in the contract?
If you have a question about the Business Terms and Conditions or the contract you can call us or e-mail us.We will be glad to provide you with all necessary information.
2.9. In what languages can the contract be concluded?
The contract can be concluded in the Czech language unless the contracting parties explicitly agree on any other language.
2.10. Is the contract saved somewhere?
We archive the contract (including these Business Terms and Conditions) in electronic form.The contract is not available to third parties but we will send it to you upon request.
- PAYMENT TERMS
3.1. What payment methods do we accept?
You can pay the price using the following methods:
- non-cash transfer to our bank account (you will get the instructions in the purchase order acceptance) before the goods are delivered;
- non-cash payment via a check;
- cash or non-cash payment with a bank card when sending the goods COD;
- non-cash payment before goods delivery via PayPal.
Cash on delivery is the basic payment method.Other payment methods are possible based on mutual agreement.
Other possible payment methods are shown on the website.
There may be additional charges for some payment methods.These charges are listed on the website.The purchase order shall always include a final price, which already includes charges associated with the selected payment method.
3.2. Method of refundable deposit payment
We will repay you the refundable deposit using the only method, which is a non-cash bank transfer to your bank account.
3.3. When is the payment of the price due?
In case of cash on delivery the payment shall be due when you are accepting the goods.In case of non-cash payment before the goods are delivered, the payment shall be due within 14 days from when the contract was concluded.Your obligation to pay the price of goods or service is fulfilled when the relevant amount is credited to our bank account.
3.4. In which currency can you pay?
Payment for goods can be made in Czech crowns (CZK) or Euro (EUR).
- DELIVERY TERMS AND CONDITIONS
4.1. How do we send the goods?
Goods delivery options are shown on the website.You may select a specific delivery method in the purchase order.If you do not select any, we may select it.
4.2. What is the cost of goods delivery?
The cost of goods delivery always depends on the size and character of goods and on the price list of a selected carrier.Current goods delivery cost is shown on the website.
A purchase order shall always contain a final price, which already includes the cost of selected transportation method.
4.3. When are we going to deliver the goods to you?
Delivery time always depends on goods availability and selected method of transportation and payment.
As a rule, we dispatch goods that are in stock immediately upon we receive a purchase order (in case of COD), or when the payment is credited to our account (in case of advance payment for goods).
We will hand the goods that are not in stock over to the carrier as soon as possible.Approximate dispatch time for goods is shown on the website.We will inform you about the exact date.
Delivery time for items in stock is usually 24 hours in case of express delivery, otherwise 2-3 days.Please note that we cannot affect the time of delivery by external carriers.Any possible complaints regarding delivery time shall be resolved directly with the carrier.
Goods delivery according to these Business Terms and Conditions means the moment the goods are delivered to you.If you refuse to accept the goods without any reason, this shall not be considered our breach of obligation to deliver the goods nor your withdrawal from the contract.
4.4. How to proceed when accepting the goods?
When accepting the goods make sure the packaging is intact.If you find any shortcomings inform the carrier and us immediately.If you refuse to accept a shipment with damaged packaging, this shall not be considered refusal of goods without a reason.
By signing a delivery note (or other similar document) you confirm that the packaging of shipment was intact.In that case it is impossible to make any claims regarding damaged packaging of the shipment.
At the moment of goods acceptance (or at the moment you were obligated to accept the goods but you did not do so, which was in contradiction with the contract), the responsibility for accidental destruction, damage or loss of goods shall pass to you.
4.5. What happens when you do not accept the goods?
You are obligated to pay the cost associated with re-delivery if the goods have to be delivered repeatedly or by other means of delivery for reasons on your part.
If you do not accept the goods without any reason, we are entitled to reimbursement of cost associated with the goods delivery and storage, as well as other cost we incur because you did not accept the goods.
In that case we are also entitled to withdraw from the contract.
5. PROVISION OF SERVICES
5.1. When are you going to be provided with a service?
If you are a consumer you are entitled to withdraw from the contract 14 days from its conclusion.During that time the service shall be provided to you only if you explicitly agree to it.
You can also give a consent by ticking the relevant option during ordering.If you give a consent to the provision of service before the period for you withdrawal from the contract expires, you shall lose the right to withdraw from the contract.
5.2. How can you send us a part for repair?
We collect parts for repair from the whole of the Czech Republic, Slovakia and other selected countries.This pick up service may be charged according to the price list.If you want to send a part in another way, you may do so.
5.3. How will the very repair go?
Upon accepting a part we are going to inspect it to find out the degree of damage.Based on this information we shall determine the repair price and time.If this information differs from preliminary information contained in the purchase order we are going to immediately inform you about the fact. If you do not agree with a change of any parameter of the order you have the right to withdraw from the contract.
5.4. How to accept a repaired part?
We are going to contact you as soon as the part is repaired.The part shall be sent to you by means you selected in the order or in other means on which we agree.
Please note that if the whole price of repair is not paid upon completion of repair we shall have the retention right to the part according to § 1395 et. seq. of the Civil Code.You will be informed about the retention by e-mail.Our company shall have the right to reimbursement of cost associated with care of the retained part.
- WITHDRAWAL FROM THE CONTRACT
6.1. How can you withdraw from the contract?
You may withdraw from the purchase contract within 14 days from the goods acceptance; if the delivery consists of several portions, then from the day of accepting the last delivery.
The contract for the provision of services may be withdrawn from within 14 days from its conclusion according to Article 2.3 of these Business Terms and Conditions.
We recommend that you send the notice of withdrawal from the contract to our delivery address REMANTE GROUP s.r.o., Na Starém břehu 2756/7, 746 01 Opava, or e-mail address email@example.com.A template form may be used for withdrawal from the contract.We will acknowledge the receipt of your notice without undue delay.
You do not have to give any reasons for the withdrawal from contract.
6.2. What are the consequences of withdrawal from a contract?
Withdrawal from a contract shall cancel the contract from the very beginning and the contract is regarded as never have been concluded.
6.3. When is it impossible to withdraw from a contract?
According to § 1837 Civil Code, it is not possible to withdraw, among others, from the following contracts:
- for the provision of services if they were provided with your explicit consent before the period for withdrawal expired, about which you were informed;
- for the delivery of goods that were custom-modified upon your request or personalized;
- for the repair or maintenance performed upon your request at a place you designated.
The Seller (or service provider) may in particular cases and upon mutual agreement accommodate Buyer's proposition to withdraw from the contract beyond the framework of legal regulations, i.e. even if the 14 days' period expired or if according to § 1837 Civil Code it was not possible to withdraw from the contract.
Considering the cost associated with goods modification, administration, transportation, acquisition of goods and other acts, the Seller (or the service provider), in case of Buyer's proposition, reserves the right to propose a reasonable fee to the Buyer, which the Buyer undertakes to pay to the Seller if this service is accommodated.The amount of this fee is always established on an individual basis, considering each particular case.
This service, because it is beyond the framework of legal regulations and therefore it is a manifestation of Seller’s (service provider’s) good will, shall not be enforceable and the Seller (or service provider) therefore reserves the right to refuse such proposition of the Buyer regarding withdrawal from the contract.
6.5. How do you return the goods to us?
You are obligated to return the goods within 14 days from the contract withdrawal.The goods shall be sent to REMANTE GROUP s.r.o., Na Starém břehu 2756/7, 746 01 Opava.Do not send the goods cash on delivery.We are not obligated to accept the goods sent cash on delivery.
The goods returned shall not be damaged, worn out or dirty and if possible it should be in original packaging.
We recommend that you attach the following to the goods returned:
- a copy of consignment note and invoice, if these documents were issued, or other document proving the purchase of goods;
- a written notice of withdrawal from the contract (on our form or in another way) and selected method of refund (bank transfer to your account, personal pick up or money order or other).Include in the notice you mailing address, phone number and e-mail address.
Failure to attach any of the documents mentioned above shall not prevent acceptance of your withdrawal from the contract according to legal regulations.
6.6. What if the goods returned was damaged?
When mailing, package the goods properly to prevent their damage or destruction.There are no refunds for the price of goods (or its part corresponding to the extent of damage) seriously damaged or destroyed during transportation due to improper packaging, or reimbursement of delivery cost.
If we find out that the goods you are returning are damaged, worn out, dirty or partially worn out, we are entitled to compensation for damage from you.We may unilaterally offset the compensation for damage against your claim for refund and reimbursement of transportation cost, i.e. you will only be refunded the amount minus the damages.
6.7. What if a part of repair was performed on the equipment?
If we provided part of the services at the time of your withdrawal from the contract we are entitled to payment for a proportional part of repair that corresponds to the extent of repair performed.
6.8. When will you get your money back?
All money received shall be returned to you within 14 days from the withdrawal from contract.Please note that we are not obligated to return the money to you before you return the goods to us or before you prove that you sent the goods to us.
Beside the price refund, you are also entitled to reimbursement of cost of delivery to your place.However, if you chose other than the cheapest means of goods delivery that we offer, we are going to reimburse you for goods delivery in the amount corresponding to the cheapest means offered.
We will return your money:
- in the same way we received it, or
- in a way that you request;
In addition to the options mentioned above, we can always return the money to you also by sending it to you bank account or bank account from which the payment of price was made (if you don’t give us any other account number within ten days from the withdrawal from contract).By accepting these Business Terms and Conditions you voice consent to sending the money according to the previous sentence on condition that no additional cost arises from that.
You shall bear the cost associated with sending the goods returned to our address even if the goods, because of their character, cannot be returned by usual mailing way.
6.9. When can we withdraw from a contract?
We reserve the right to withdraw from a contract in the following cases:
- due to a technical error there was an apparently wrong price of goods published on the website (Article 2.5 of these Business Terms and Conditions);
- for objective reasons (above all because the goods are not manufactured any more, the supplier cut the supplies to the Czech Republic, etc.) the goods are impossible to deliver under the original conditions;
- fulfilment becomes objectively impossible or illegal.
If any of the above happens we are going to inform you about our withdrawal from the contract immediately.The withdrawal shall take effect at the moment the notice of withdrawal is delivered to you.
If you paid the price in full or partially we are going to return the money received by non-cash transfer to the account that you inform us about or to the account from which your payment was made. We are going to return the money within five days from the withdrawal from contract.
- RIGHTS FROM FAULTY PERFORMANCE
Your rights arising from faulty performance shall be governed by general legal regulations (namely provisions of § 1914 to 1925, § 2099 to 2117 and § 2158 to 2174 Civil Code).
When making claims arising from faulty performance we are going to proceed according to our Complaint Procedure.Before you send you claim get thoroughly familiar with the Claim Procedure in order for the claim to be settled as soon as possible and to your satisfaction.
- FINAL PROVISIONS
8.1. What licenses do we have for our business and who checks them?
We have a business license that entitles us to sell goods and provide services.Our business is not subject to any other permits.
Our business is inspected by a relevant Trades Licensing Office.The Czech Trade Inspection Authority (http://www.coi.cz/) checks compliance with legal regulations regarding technical requirements for goods and safety of goods.The Czech Trade Inspection Authority also checks compliance with regulations regarding consumer protection.Consumers' rights are protected also by its interest associations and other entities for their protection.
8.2. How do we handle complaints?
We handle possible complaints via our contact e-mail address.You can also contact entities listed in Article 8.1.We are not bound by any rules of conduct in relation to our customers.
8.3. What else should you know?
A contract is concluded by means of remote communication (namely the internet).Cost associated with the use of remote communication (above all cost of internet connection or phone calls) shall be borne by you.This cost is not different from a regular rate.
Unless stipulated otherwise, all correspondence between us related to the contract shall be in writing, either by sending e-mail, registered mail or by personal delivery.In communicating with you we are going to use the e-mail address listed in the purchase order or in your user's account.
If any of the provisions of these Business Terms and Conditions is invalid, ineffective or inapplicable (or becomes so) a provision whose meaning is the closest to the invalid, ineffective or inapplicable one shall be used.Invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of other provisions.The contract (including the Business Terms and Conditions) shall be changed or amended only in writing.
These Business Terms and Conditions shall be valid and effective from 15 June 2015.
General Terms and Conditions of Wholesale
These General Terms and Conditions of Wholesale (hereinafter referred to as the “Terms”) apply to contracts concluded via online shop REMANTE located on website http://shop.remante.com (hereinafter referred to as the „website“) between the company
REMANTE GROUP s.r.o., registered office Na Starém břehu 2756/7, 746 01 Opava, Businees ID No.:02617862, VAT ID No.:CZ02617862
registered in the Commercial Register administered by the Regional Court in Ostrava, Section C, File 65075
Mailing address:REMANTE GROUP s.r.o., Na Starém břehu 2756/7, 746 01 Opava
Telephone number:+420 731 447 504
as a seller (or provider in case of contract for the provisions of services)
and a physical or legal entity making a contract within the scope of its own business, production or similar activity or within the scope of performing its own job.
as a buyer (or client in case of contract for the provisions of services)
both jointly also referred to as "contracting parties".
These Terms shall reasonably apply also to contracts concluded in the presence of contracting parties, except for the provisions governing the use of means of remote communication.
- Introductory Provisions
1.1. These Terms define and specify basic rights and obligations of contracting parties in entering into a purchase contract, contract for the provision of services or other contracts listed herein (hereinafter jointly “contract”) via Website.
1.2. Under the Purchase Contract the seller undertakes to provide the buyer with goods specified in the order and the buyer undertakes to accept these goods and pay the seller the purchase price specified in the order.Goods mean namely new or refurbished parts for cars and trucks, agricultural, forestry and construction machinery and ships (also referred to as “parts”).
1.3. Under the Contract for the Provision of Services the provider undertakes to repair a part sent by the client and the client undertakes to accept the repaired part and pay the repair price specified in the order.The repair, according to these Terms, means any activity that will fix defects, consequences of damage or effects of wear of the part.
1.4. If the client is interested in the earliest possible repair, it may agree with the provider on using an exchange system.In such case the settlement shall be governed by these Terms.
1.5. The provisions of the Terms are essential parts of the contract.Parties may negotiate provisions in the contract different from the Terms.Different provisions stipulated in the contract shall prevail over the provisions in the Terms.The seller may change or amend the Terms.The rights and obligations of contracting parties shall be governed by the wording of the Terms effective at the time these rights and obligations arose.Relations of contracting parties not stipulated herein shall be also governed by legislation, particularly Act No. 89/2012 Sb., Civil Code, as amended (hereinafter “Civil Code”).
1.6. The contract and the Terms are executed in the Czech language.The contract may be concluded in the Czech language unless the contracting parties explicitly agree on any other language.
1.7. These Terms shall apply to buyers who are entrepreneurs or legal entities.These Terms shall not apply to contracts with consumers; to those, General Terms and Conditions of Retail shall apply.
1.8. The buyer expresses consent with these Terms by sending a purchase order.
- Purchase Order and Conclusion of a Contract
2.1. The buyer can submit an order by means of remote communication, namely via e-shop, by telephone or by e-mail.
2.2. Upon request of the seller the buyer is obligated to prove that it is an entrepreneur by sending a copy of business license or other license or a copy of the certificate of incorporation at the contact e-mail address of the seller.
2.3. The seller is not obligated to confirm a received order.Unconfirmed order is not binding for the seller.The seller is entitled to verify the order if in doubt regarding the authenticity and seriousness of the order.The seller may refuse an unverified order.
2.4. As part of the order, it is possible to choose whether the seller shall buy back the used or damaged part of the buyer.Transport of such part may be charged according to the price list.
2.5. The contract is concluded at the moment the buyer gets a purchase order acceptance from the seller.Purchase order acceptance shall be sent to the e-mail address specified in the purchase order.If there is no acceptance the contract shall be concluded as soon as the buyer takes over the ordered goods, a service is provided or the buyer pays for the goods or services (whichever comes first).
2.6. If the order is cancelled by the buyer the seller is entitled to a cancellation fee of 50% of the price of goods or service.If the order is cancelled after the dispatch of goods the buyer may be required to pay the cost associated with dispatch and return of goods.
- Delivery Conditions
3.1. The seller is obligated to deliver the goods to the buyer in an agreed manner, properly packaged and with necessary documents attached.Necessary documents include namely instructions for use, certificates and other documents necessary for takeover and use of goods.Unless agreed otherwise, the documents shall be provided in the Czech language.Certificates documenting the output testing values, calibration and other service operations may be in the English language.
3.2. Based on the agreement between the contracting parties the seller may arrange for transport and insurance of goods during transport for the buyer.The buyer is obligated to pay for the transport and insurance according to the carrier's price list.The goods shall be deemed to be delivered to the buyer at the moment they are handed over to the first carrier.The risk of damage to the goods shall pass to the buyer with the goods delivery.
3.3. Delivery time always depends on goods availability and selected method of payment and shipping.
3.4. The buyer is obligated to pay the cost associated with re-delivery if the goods have to be delivered repeatedly or by other means of delivery for reasons on the buyer’s part.
3.5. The buyer is obligated to check the packaging integrity and immediately report any possible defects to the carrier.A report shall be written about these defects.If the report of defects is not made the buyer loses the rights arising from the damaged packaging.
3.6. Immediately upon goods receipt the buyer is obligated to check the goods; in particular the quantity and completeness.In case of discrepancy the buyer is obligated to notify the seller without undue delay no later than 2 business days after the goods receipt.The buyer is obligated to document the defects in an appropriate manner and send the documentation to the seller together with the notification of the defect.
- Provision of Services
4.1. After taking over a part the provider shall inspect the part to find out the degree of damage.Based on this information the provider shall determine the repair price and time.If this information differs from preliminary information contained in the order the client shall be immediately informed.If the client does not agree with the change of any parameter of the order it has the right to withdraw from the contract.
4.2. The client shall be informed about the completion of repair.The repaired part shall be sent to the client by means selected in the order or by other means on which the client and the provider agree.Provisions of Article 3 of these Terms shall apply accordingly to the shipment of the repaired part.
4.3. If the whole price of repair is not paid on the date of repair completion the provider shall have the right of retention pursuant to the provisions of Sec. 1395 et seq. of the Civil Code.The client shall be informed about the retention by e-mail.In case of retention the provider is entitled to compensation for cost associated with the care of the retained part.
4.4. If the repair of a part sent by the client is impossible and the client leaves the part with the provider, a donation agreement shall be made between the client and the provider for this part.If the client asks the provider to return the part the provider will return the part to the customer at customer's expense.
4.5. Return of a part may be requested no later than one month from when the client was informed about the impossibility of repairing the part. After one month, the provider deems the donation agreement concluded.
- Price of Goods and Services, Terms of Payment
5.1. Prices of goods and services are listed on the website.The seller is entitled to give a discount on these prices, particularly depending on the quantity of ordered goods or services or previous purchases made by the buyer.
5.2. Prices of used parts shall be determined by their availability on the world markets.
5.3. If the purchase is carried out as an exchange, the price of the used part is represented by a refundable deposit.If the client sends the used or damaged part to the provider only after the new one was sent the provider will request payment of a refundable deposit whose amount shall be specified in the order.The damaged or used part shall comply with specified conditions that enable its further repair in order for the refundable deposit to be paid back.Assessment of repair options and evaluation of the used or damaged part shall be carried out in compliance with the Product Terms of the Provider.If the sent part satisfies the conditions for deposit refund, the deposit shall be refunded to the client within 14 days.If the conditions for deposit refund are not satisfied, the deposit shall be added to the price of the new or refurbished part and shall not be refunded.The client shall be informed about this fact.
5.4. If the client sends the used or damaged part before the ordered part is sent by the provider, the refundable deposit shall not be charged.
5.5. The provider specifies the price of service based on the description of defect by the client.If such description is not complete, does not reflect the actual condition or if another defect is found during the repair the provider is entitled to change the specified price.The client shall be informed about such change; if the client does not agree with the change, it has the right to withdraw from the contract.
The buyer can pay the price of goods or service using the following methods:
- cash on delivery;
- non-cash via bank transfer to provider's bank account;
- non-cash via PayPal;
- non-cash via check.
Cash on delivery is the basic payment method.Other payment methods are possible based on mutual agreement.
The seller is entitled to demand payment before goods delivery.The invoice shall be attached to the goods together with the delivery note unless agreed otherwise.
5.6. The only way to refund the deposit is by non-cash transfer to the buyer's account or other account communicated to the seller for this purpose.
5.7. In case of non-cash payment the payment shall be due within 14 days from the conclusion of contract unless the contracting parties stipulate otherwise.The buyer’s obligation to pay the price of goods or service is fulfilled when the relevant amount is credited to the seller’s account.
5.8. In case of late payment according to these Terms the buyer may be charged interest on late payment of 0.4% of the overdue amount per each day of delay.In addition to the payment of interest on late payment the seller is entitled to compensation for damage incurred due to the buyer's failure to comply with the due date, to the full extent.
5.9. If the buyer is late with payment of the price of goods or service the seller is also entitled to suspend further deliveries of goods or services until all due payments of the buyer are settled.
5.10. Payment for goods can be made in Czech crowns (CSK), Euro (EUR), or American dollars (USD).
5.11. The buyer shall acquire ownership of the goods by paying the full purchase price of goods (including packaging and shipping cost) but not before the goods takeover.
- Withdrawal from the Contract
6.1. The seller is entitled to withdraw from the contract until the goods are taken over by the buyer.In that case the seller shall repay the purchase price to the buyer (or the price of services) via bank transfer to the account designated by the buyer for that purpose or to the account from which the purchase price was paid (if the buyer does not designate any other account within 5 days from the withdrawal).
6.2. The seller may, in individual cases and after mutual agreement with the buyer, grant a special withdrawal from the contract beyond point 6.1. This service is a form of a benefit offered by seller and so it can’t be enforced by the buyer and so the seller is reserving the right to deny such offer.
Due to costs associated with adjustments of goods, administrative, transportation, purchase of goods and other actions, the seller is reserving right to propose a reasonable fee, which will pay the buyer, if he will accept this individual proposal of withdraw. The amount of the fee is always a subject of individual determination.
6.3. The seller is also entitled to withdraw from the contract if the buyer is late with payment for goods or services for more than 4 weeks.
6.4. The buyer is entitled to withdraw from the contract if the seller is late with goods delivery for more than 4 weeks from the stipulated delivery date.
6.5. The buyer is not entitled to withdraw from a purchase contract regarding goods that were delivered properly, on time and without defects.Furthermore, the buyer is not entitled to withdraw from a contract for the provision of services.
6.6. Other cases of withdrawal from a contract are governed by these Terms.
6.7. The withdrawal from contract shall be made in writing and in case of contracts concluded by electronic means also electronically.The withdrawal from contract takes effect at the moment the notice of withdrawal is delivered to the other contracting party.
6.8. If a gift was provided together with the goods or service, the donation agreement shall become void as soon as either contracting party withdraws from the contract and the buyer shall send the gift back together with the goods.
- Rights from Defective Performance
7.1. In order for goods to be accepted under complaint proceedings they shall comply with Conditions for the Acceptance of Old Parts, which are available in DDB or on the seller's website.Also, the warranty seals on the goods must not be broken, the goods have to be complete and not taken apart and their parts must not be mechanically damaged.If these conditions are not satisfied or if the claim is made after the warranty period, the complaint shall be rejected by the seller as unqualified.
7.2. In case of claim the buyer is obligated to attach to the goods under claim also a completely filled-out complaint form available in DCB or on the seller's website.If the complaint form is not submitted to the seller 3 days after the goods delivery, the seller is entitled to reject the complaint as unfounded.
7.3. The buyer shall take responsibility for proper packaging of goods under claim to prevent possible damage of goods during transport.
- Protection of Trade Secret and Trade Policy of the Seller
8.1. When negotiating a contract and contractual performance, information identified as confidential or whose confidentiality arises from its nature, may be disclosed to the buyer. The buyer undertakes namely:
- to keep this information confidential;
- not to provide this information to any third party without seller’s consent;
- not to use it for any other purpose than to perform the contract;
- not to use it in any other harmful way.
8.2. The buyer also undertakes not to make copies of supporting documentation from the seller without seller’s consent.
- Final Provisions
9.1. If the relationship associated with the use of website or if the legal relationship based on the contract includes an international (foreign) element, then the contracting parties stipulate that the relationship shall be governed by the Czech law.The UN Convention on Contracts for International Sale of Goods shall not apply.
9.2. If any provision of the Terms is invalid or ineffective or unusable or becomes so, a provision whose meaning is the closest to the meaning of the invalid provision shall apply.Invalidity or ineffectiveness or inapplicability of one provision shall not affect validity of other provisions.Changes and amendments to the contract or Terms shall be made in writing.
These Terms shall be valid and effective from 15 June 2015.