Производитель и продавец огнетушителей
и систем пожарных гидрантов

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General Commercial Terms and Conditions

of ČERVINKA - CZECH REPUBLIC s.r.o. internet store

 

 

1.  Introductory Provisions

1.1.        For the purposes of these General Terms and Conditions, including this provision, the below given terms shall have the following meaning:

“Contractual relations“ - are legal relations between the Seller and the Purchaser arising from the Purchase contract and these General Terms and Conditions.

“E-shop“ - is an internet store run by the Seller on the Web pages.

“General terms and conditions“ - are these General Commercial Terms and Conditions of the Seller.

“Goods“ - are movables which the Seller offers for sale and sells within the E-shop.

“Internet pages“ - are web pages of the Provider accessible on the internet address [www.fire-center.eu].

“Justified claim“ - is a claim of a defect of the Goods covered by the guarantee specified in Article 5 of these General Terms and Conditions.

“Order“ - is a proposal for concluding the Purchase contract submitted by the Purchaser to the Seller within E-shop and in compliance with these General Terms and Conditions.

 “Papers“ - is any written submission or other written act which the Purchaser will make toward the Seller within fulfilling or in connection with the Contractual relations. This includes especially a notice of changes to the Contractual relations, notice of settling a claim, of withdrawing etc.

“Price of the Goods“- is a purchase price which the Purchaser is obliged to pay for the Goods to the Seller. The Price of the Goods is given on the Web pages, including VAT.

“Price of transport“ - is a price which the Purchaser is obliged to pay to the Seller for the transport of the Goods to the place of delivery specified in the Purchase contract. The Price of transport is given on the Web pages, including VAT.

 “Purchase contract“ - is a contract by which the Seller undertakes to deliver the Goods to the Purchaser within E-shop on the basis of a confirmed Order, and the Purchaser undertakes to accept the Goods from the Seller and to pay the Price of the Goods and Price of transport to the Seller for this Goods. The Price of transport shall not be paid only if “in-person” collection of the Goods by the Purchaser in the Seller’s place of business is agreed in the Purchase contract.

Purchaser - is a physical or legal entity which will conclude the Purchase contract with the Seller.

“Seller“ - is the ČERVINKA - CZECH REPUBLIC s.r.o. company, with its registered address at Uherské Hradiště, Rostislavova 1265, Post code 686 01, IČ (Organisation Id. No.) 255 10 622, entered in the Commercial Register kept with the Regional Court in Brno, Section C, Inset 29097. Contact information of the Seller in the E-shop is to be found under Contacts.

“Unjustified claim“ - is a claim of a defect of the Goods not covered by the guarantee specified in Article 5 of these General Terms and Conditions.

1.2.        The meaning of the contractual terms given in 1.1. of these General Terms and Conditions shall apply when these terms are used both in singular and plural, while circumstances for which a respective term is used in singular or plural shall only be taken to consideration when interpreting these terms.

1.3.        These General Terms and Conditions shall govern relations which will arise between the Seller and the Purchaser from selling the Goods within the E-shop. In case of discrepancy, provisions of the Purchase contract shall have priority over provisions of these General Terms and Conditions.

1.4.        These General Terms and Conditions form an integral part of the Purchase contract and by concluding the Purchase contract the Purchaser confirms that the Purchaser got acquainted with these General Terms and Conditions, agrees with them in full, and undertakes to observe them.

 

2.  Ordering the Goods

2.1.        The Purchaser shall make an Order by filling-in a form on the Internet pages while providing at least information marked in the form as obligatory.

2.2.        The Purchaser is obliged to specify the Goods by titles given in the E-shop. Possible incorrect illustrations or descriptions in the E-shop do not entitle the Purchaser to adopt such errors to the Order and to require them to be fulfilled. When specifying a quantity of the Goods, the Purchaser is obliged to respect packaging in which the ordered Goods is delivered by the Seller.

2.3.        The Order is confirmed by the Seller when the Seller confirms to the Purchaser via e-mail acceptance of the Order. At the moment the Seller confirms the Order to the Purchaser, a Purchase contract between the Seller and the Purchaser shall be established. If the Seller does not confirm the Order to the Purchaser in this way within 3 days from the day the Order was delivered to the Seller, then the Order shall lapse. Mere confirmation of the Seller of receiving the Order in the order processing system shall not be the confirmation constituting the establishment of the Purchase contract.

 

3.  Delivery of the Goods

3.1.        The Purchaser is entitled to negotiate a provision in the Purchase contract enabling the Purchaser to collect the Goods in-person at Purchaser’s own expenses in the Seller’s place of business. In this case the Purchaser shall not pay the Price of transport.

3.2.        Should the Goods not be collected in-person in compliance with the provision of par. 3.1. of this Article, the Seller shall provide delivery of the Goods to the Purchaser to the place of delivery specified in the Purchase contract. Such delivery shall be provided at Seller’s own will either by Seller’s own means of transport or through an external freight company. The Purchaser is obliged to pay the Price of transport to the Seller.

3.3.        The Seller shall deliver the Goods to the Purchaser in the shortest time possible, usually within 7 working days from the establishment of the Purchase contract. In exceptional cases the delivery time may be longer, about which the Seller is obliged to inform the Purchaser forthwith. The delivery does not include assembly or installation of the Goods.

3.4.        If not agreed by both parties otherwise, the Seller shall deliver the Goods to the Purchaser in packaging used usually for the protection of the Goods during its transport, loading and unloading, and in the case of delivery to the final consumer in packaging intended for the final consumer.

3.5.        The Purchaser is obliged to accept the Goods in the place of delivery from a freight company selected by the Seller for delivering the Goods. Upon accepting the Goods the Purchaser is obliged to check the type, quantity, quality, and packaging of the Goods, and to confirm the acceptance of the Goods by signing the delivery note.

3.6.        The moment the Purchaser signs an appropriate delivery note of the Goods delivery is understood as the moment of delivery of the Goods to the Purchaser.

3.7.        The title to the Goods shall pass from the Seller to the Purchaser only when the Price of the Goods and Price of transport have been paid in full. The risk shall pass from the Seller to the Purchaser at the moment of the Goods delivery.

 

4.  Price of the Goods, Price of Transport, Terms of Payment

4.1.        The Purchaser is obliged to pay the Price of the Goods to the Seller as specified in the Purchase contract. In case of delivery according to par. 3.2. of these General Terms and Conditions, the Purchaser is further obliged to pay to the Seller the Price for transport as specified in the Purchase contract.

4.2.        The Purchaser is obliged to pay the Price of the Goods and Price for transport to the Seller prior to the Goods delivery either by a wire transfer to the Seller’s bank account given in the Purchase contract or in cash. The way of payment shall be agreed in the Purchase contract.

4.3.        The Price of the Goods shall include the price of packaging.

 

5.  Guarantee

5.1.        The Seller is obliged to deliver the Goods to the Purchaser in a quantity and quality specified in the Purchase contract.

5.2.        The Seller grants a guarantee for the Goods quality. The guarantee period is 2 years for the Goods delivered to a Purchaser who is not an enterprising physical entity. In other cases the guarantee period is 6 months. The guarantee period commences at the moment of the Goods delivery to the Purchaser.

5.3.        The Purchaser is obliged to report apparent defects of the Goods in written to the Seller immediately after the Purchaser found such defects or should have found while exerting qualified care at a check in compliance with par. 3.5. of these General Terms and Conditions, but not later than 7 days from the acceptance of the Goods. The Purchaser is obliged to report latent defects of the Goods in written to the Seller immediately after the Purchaser found such defects, but before the guarantee period expires. Not observing the claim times shall result in the lapse of Purchaser’s rights concerning defects of the Goods and shall establish an Unjustified claim.

5.4.        The Purchaser is obliged to deliver the claimed Goods at his own expenses and risk back to the Seller’s place of business for the claim to be assessed.

5.5.        In the case of a Justified claim, the Seller shall remove defects of the Goods at his own choosing either by repairing it or by delivering new Goods, or allow the Purchaser a discount from the Price of the Goods.

5.6.        In the case of an Unjustified claim, the Purchaser is obliged to reimburse the Seller for all expenses that the Seller purposefully expended in connection with such an Unjustified claim.

5.7.        Neither the guarantee nor liability for defects apply to defects caused by:

a)    Natural disasters or other events not caused by the Seller;

b)    Transport, storage or other handling the Goods contrary to a usual way of handling; unqualified or unauthorised action; incorrect maintenance; placing the Goods in an unsuitable space; or by mechanical damage;

c)     Amendment of valid legal regulations and in other cases specified by law.

5.8.        The claim does not have a deferring effect in relation to Purchaser’s obligation to pay the Price of the Goods and the Price of transport to the Seller, and even when filing a claim, the Purchaser is obliged to pay the Price of the Goods and the Price of transport to the Seller in due time.

5.9.        For a Participant, who is not an enterprising physical entity, guarantee and claim terms and conditions given in the Civil code and other generally binding legal regulations apply instead of the above specified guarantee and claim terms and conditions, should this be more beneficial for such a Participant.

 

 

 

6.  Withdrawing from the Purchase Contract

6.1.        The Purchaser, who is a person that does not act within his business or other entrepreneurial activities when concluding and fulfilling the Purchase contract, is entitled to withdraw from the Purchase contract without giving reasons within 14 days from the acceptation of the Goods. In such a case the Purchaser is obliged at his own expenses to return the Goods to the Seller to the Seller’s place of business in compliance with conditions specified in par. 6.3. of these General Terms and Conditions. Should any of these conditions not be met, withdrawing according to this provision is not valid and the Seller is not obliged to accept the Goods from the Purchaser.

6.2.        With the exception of cases under par. 6.1. of these General Terms and Conditions, the parties are entitled to withdraw from the Purchase contract only upon the reasons of Force majeure or fundamental breach of the Contractual relations by the other party, if this party does not refrain from such breaching even upon a notice in writing delivered to this party by the party intending to withdraw from the Purchase contract, within a period given in such a notice which may not be shorter than 7 days. The withdrawal must be in a written form with exact specification of the reason, otherwise it shall not be valid.

6.3.        The Purchaser is obliged to return the Goods to the Seller according to the Purchase contract which was withdrawn in compliance with this Article, under these conditions: the Goods must be return in full, unused, clean, and undamaged. The Purchaser bears the risk of damage during the transport of the Goods to the Seller’s place of business.

6.4.        In the case of a proper withdrawal from the Purchase contract and returning the Goods, the Seller shall return to the Purchaser an amount equalling to the Price of the Goods and the Price of transport which the Seller received from the Purchaser in compliance with the Purchase contract within 14 days from the day of Purchaser’s withdrawal from the Purchase contract and return of the Goods to the Seller.

6.5.        The lapse of the Purchase contract does not affect those provisions of the Contractual relations that according to the will of both parties, or with regard to their nature must endure after the Contractual relations ceased until a complete settlement of all claims resulting from the Contractual relations, especially provisions on the selection of a legal order and legislative, provisions on processing personal data of the Purchaser, provisions on the liability for damages and indemnity, on contractual penalties etc.

6.6.        As fundamental breach of the Contractual relations by the Purchaser, especially the following is considered:

a)    Purchaser’s default in payment of any financial claim of the Seller resulting from the Contractual relations;

b)    Unreasonable refusal of the Purchaser to accept the Goods.

 

7.  Force Majeure

7.1.        Force majeure is considered to be any fact which is independent on the will of both parties, could not be reasonably foreseen on the day of the Purchase contract conclusion, and prevents either party from meeting its obligations despite making all efforts that the party may be rightly required. The party affected by the force majeure shall not be liable for breaching the Contractual relations caused by a force majeure event if this party notifies the other party in written on the cause of its default not later than 5 days from its occurrence. The deadline for the party affected to fulfil its obligation is with this notification automatically prolonged by 30 days. The party affected by a force majeure event is obliged to immediately notify the other party of the end of the event, or the party affected shall be liable for damages caused by this non-notification.

7.2.        As force majeure, especially the following events are considered: natural disasters as floods, fires etc., strikes, civil commotions, acts of violence, issue of an act or administrative provision forbidding or preventing proper fulfilling of the Contractual relations if such an act or provision comes into force after the conclusion of the Purchase contract.

7.3.        Should the force majeure event last longer than 30 days or should prolonging in compliance with par. 7.1. prevent meeting the objective of the Purchase contract, either party is entitled to withdraw from the Purchase contract.

 

8.  Information Processing

8.1.        The Purchaser acknowledges and aggress that for the duration time of the Contractual relations and in compliance with valid legislation (especially with Act no. 101/200 Coll., on the protection of personal data, as amended) the Seller shall process information on the Purchaser gained in connection with the Contractual relations – in particular first and last names, date of birth, physical entity ID, legal entity name, address and ID – for the purpose of proper fulfilling of the Contractual relations as well as for Seller’s marketing and commercial purposes, especially sending e-mails, submitting information on new items and development, for surveys, sending advertising materials, recording sale statistics etc. The Seller processes this information by these means: in Seller’s electronic database.

8.2.        The Seller shall inform the Purchaser-physical entity on the Purchaser’s right to require from the Seller a reasonable payment for information on processing personal data of the Purchaser, on the Purchaser’s right to ask the Seller for an explanation, correction, and removal of incorrect facts, as well as on other rights in compliance with §21 of Act no. 101/2000 Coll., as amended. The Purchaser-physical entity also acknowledges that the duty to submit personal data to the Seller does not arise from law, however, without submitting these data the Contractual relations may not be concluded and consequently fulfilled.

8.3.        The Purchaser acknowledges that the Seller shall process Purchaser’s first and last names, and address for the purpose of offering business and services, until the Purchaser delivers to the Seller a written disapproval with such procedure. After the termination of the Contractual relations, for the purpose of settling claims resulting from the Contractual relations, the Seller shall process information on the Purchaser necessary for settling all rights and duties resulting from the Contractual relations, until all these claims are completely settled. If generally binding legal regulations lay a duty for the Seller to process Purchaser’s data for a longer time than specified in Article 8 of these General Terms and Conditions, the Seller shall process these data for the time specified by these generally binding legal regulations.

 

9.  Changes to the Contractual Relations

9.1. General Terms and Conditions are valid and effective for the whole duration of the Contractual relations.

9.2. The Provider is further entitled to unilaterally make changes of the General Terms and Conditions in the form of a written notification if such a change:

a)    Is caused by legal regulation amendment.

b)    Is caused by a change on the market, by inflation, increase of Seller’s expenses necessary for proper fulfilling of the Contractual relations.

c)     Of General Terms and Conditions is in Seller’s opinion caused by their necessary updating from other than the above give reasons, in particular to improve enforceability of Provider’s rights resulting from the Contractual relations.

9.3. Changes according to par. 9.2. of these General Terms and Conditions enter into force each 30th day following the day of their publication on the Internet pages.

9.4. Other changes to the Contractual relations than those given in par. 9.2. and 9.3. of these General Terms and Conditions may be made only in a written agreement of both parties.

 

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