Purchasing terms and conditions
(sale of custom-ordered goods)
GENERAL PURCHASING TERMS AND CONDITIONS
(sale of custom-ordered goods)
of the manufacturing company
tax identification number (IČ) 26136686,
with registered office at Křižíkova 237/36a, 186 00 Prague 8 Karlín,
registered in the trade register kept by Prague municipal court, section C, file no. 73442
(hereinafter “the seller”)
Pásky s.r.o. (areál BigBox)
Ve Žlíbku 1800/77 - Hall A7
Prague 9 - Horní Počernice
- address for service
tel.: +420 281 000 011
1.1.These general terms and conditions (hereinafter general terms and conditions or GTC”) of the seller govern, in keeping with the stipulation of article 1751 paragraph 1 of act no. 89/2012 Coll., the civil code, as amended (hereinafter the “civil code”) the mutual rights and obligations of the contractual parties that follow in connection with or on the basis of the contract of purchase made between the seller and another natural person or legal entity (hereinafter “the buyer”) via email, fax, or in another form, with the exception of the eshop of the seller, even in case goods are adjusted according to the requirements of the buyer (hereinafter “custom-ordered goods” or “goods”).
1.2.The terms and conditions apply both to cases, when the buyer orders goods within his entrepreneurial activity as well to relations between the seller and the consumer.
1.3.Stipulations of the GTC are an integral part of the contract of purchase. The GTC are also part of all offers for making a contract of purchase, their acceptation and other legal acts of the seller.
1.4.Stipulations different from the GTC can be negotiated in the contract of purchase. Different stipulations in the contract of purchase take precedence over the stipulations in the GTC.
1.5.Possible different conditions of the buyer are valid only in case of explicit written consent of the seller with these terms and conditions of the buyer, which must be granted prior to entering into the contract of purchase.
1.6.GTC become an integral part of contracts of purchase between the seller and the buyer especially:
1.6.1. by entering into a framework contract of purchase, in which it is arranged that GTC become its integral part,
1.6.2. by delivering a written consent of the buyer with GTC to the seller,
1.6.3. by another indisputable way proving acceptance of GTC, especially in a way according to article 1744 of the civil code, for example by confirming a preview of the ordered goods, when GTC will be a supplement of the email message containing this preview, or by accepting the goods supplied by the seller according to an order of the buyer.
1.7.If GTC are accepted in any of the above-mentioned ways for an individual contract of purchase, they apply for all subsequent contracts of purchase entered into by the same parties for an indefinite period of time, unless subsequently arranged otherwise, or unless they are altered.
1.8.The seller may change or amend the GTC. This stipulation is without prejudice to the rights and obligations arising during the time, when the previous version of the GTC was in operation.
2. ENTERING INTO A CONTRACT OF PURCHASE
2.1.The contract of purchase can be entered into in the Czech, German and English language.
2.2.A list of offered custom-order goods is presented on the website of the seller www.pasky.cz. Custom-order goods can further also be offered in another way (via sales representatives, by means of an offer sent via email, etc.). All changes in the offered goods are an exclusive right of the seller.
2.3.All presentations on the website of the seller are of informative nature. The seller does not guarantee immediate availability of all goods items and is not obliged to enter into a contract of purchase for the ordered goods. The stipulation of article 1732 paragraph 2 of the civil code will not be applied.
2.4.The price of custom-order goods is set individually, by means of a calculation carried out according to the type of demanded custom-order goods and according to the demanded processing of the custom-order goods. The calculation will be made by the buyer independently by means of an on-line calculator on the website www.pasky.cz or by the seller in person. The price also includes the value added tax as currently applicable. The seller reserves a right to change the price of custom-order goods in case of a mistake in writing or another clearly apparent incorrectness.
2.5.Along with determining a specific price, the seller will also inform the buyer about the costs related to packaging and supply of goods prior to entering into the contract of purchase. The information about costs related to packaging and supply of goods stated by the seller only apply for supply of custom-order goods within the Czech Republic. Upon request from the buyer, the seller will impart to him the information about costs related to packaging and supply of goods to another EU member state, if he supplies goods to this member state.
2.6.For ordering goods, the buyer will impart to the seller the information about requirements for custom-order goods, by means of an email or on the telephone. Based on the documents and requirements received, the seller will send the buyer a preview of the custom-order goods by email, including its precise specification, information about the price of custom-order goods including all related fees, and these GTC. The buyer will confirm the sent information by email (hereinafter a “binding order”). By confirmation of the binding order on the part of the seller, the contract is made.
2.7.Depending on the nature, scope and price of the custom-order goods, the seller may require that the contract is entered into in the form of a written document.
2.8.In case the buyer does not present to the seller a list of authorised persons, who can order or receive goods on his behalf, he is bound by all action made in his name by persons, in the case of which the seller believes in good faith that they are authorised to this action.
2.9.By sending a binding offer, the buyer approves the final form of the custom-order goods. The approved form of custom-order goods can be changed only with approval from the seller, and only in case production of the custom-order goods has not begun yet.
2.10.The buyer is responsible for the correctness and truthfulness of all data stated by the buyer.
2.11.The buyer declares that by using the documents he has provided to the seller for the purposes of supplying custom-order goods, no infringement of intellectual property rights of third persons occurs. In case such a declaration turns out to be untrue and harm would ensue for the seller in connection with using these documents, the buyer undertakes to fully compensate this damage to the seller without delay, upon being asked to do so by the seller.
2.12.The buyer agrees with the use of remote communication means in the formation of the contract of purchase. The costs arising for the buyer when using remote communication means in connection with the formation of the contract of purchase (the costs of Internet connection, the costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.
3.PRICE OF GOODS AND PAYMENT CONDITIONS
3.1.The buyer will pay the price of the goods and the possible costs related to the delivery of goods according to the contract of purchase by means of non-cash transfer to the account of the seller no. 17720063/0300 administered by ČSOB (hereinafter “the account of the seller”).
3.2.Along with the purchase price, the buyer is also obliged to pay the costs related to the packaging and delivery of goods in the agreed sum to the seller. Unless explicitly stated otherwise, the purchase price is understood to also mean the costs related to the delivery of goods.
3.3.The seller does not demand an advance payment or any similar payment from the buyer. This is without prejudice to the duty of the buyer to pay the purchase price of the custom-order goods in advance.
3.4.The purchase price is payable in 15 days from the day of entering in the contract of purchase. The obligation to pay the purchase price is fulfilled in the moment that the respective sum is credited to the account of the seller. The stipulation of article 2119 paragraph 1 of the civil code will not be applied.
3.5.In case of a delay of the buyer with payment of the purchase price, the buyer is obliged to pay a contractual fine of 0.1 % of the due sum to the seller for every day of delay of the payment of the purchase price.
3.6.If the purchase price is not paid within 30 days of entering into the contract of purchase, the seller is entitled to withdraw from the contract of purchase.
3.7.Possible discounts from the price of goods provided by the seller to the buyer cannot be combined mutually.
3.8.If it is common in the course of trade or stipulated by generally binding legal regulations, the seller will issue a tax invoice for the buyer regarding payments carried out on the basis of the contract of purchase. The seller is a payer of value added tax. The seller will issue a tax invoice for the buyer upon payment of the price of the goods and will send it in electronic form to the electronic address of the buyer.
3.9.The seller is not obliged to begin production of the custom-order goods before the entire purchase price is paid.
4.WITHDRAWAL FROM THE CONTRACT
4.1.The buyer-consumer is every person, who beyond the cope of his entrepreneurial activity or beyond the scope of independent performance of his profession enters into a contract with an entrepreneur or negotiates with him otherwise.
4.2.The buyer-consumer acknowledges that with regard to the fact that in relation to custom-order goods this is a contract of purchase for a supply of goods, which have been adjusted according to the wisges or the buyer, it is not possible to withdraw from this contract with reference to the stipulation of article 1837 of the civil code.
4.3.It is then possible to withdraw from an individual contract of purchase only in cases stipulated by the law, or if the right to withdraw from the contract has been negotiated by the parties in the framework contract of purchase or in these GTC.
4.4.The buyer acknowledges that the custom-order goods are supplied by the seller according to specific requirements of the buyer and such goods are not usable for the seller in any other way anymore. For this reason, the contractual parties stipulate explicitly that it is not possible to withdraw from the contract of purchase due to delay on the part of the seller with the exception of the case, when this delay is a significant violation of the contract of purchase and at the same time it was provably caused by intentional action of the seller. This is without to the rights of the buyer, if he is a consumer.
5.TRANSPORT AND DELIVERY OF GOODS
5.1.In case the form of transport is agreed based on a special request of the buyer, the buyer bears the risk and potential additional costs connected to this form of transport.
5.2.If the seller is, according to the contract of purchase, obliged to supply goods to a place specified by the buyer, the buyer is obliged to take over the goods upon delivery.
5.3.In case it is necessary to repeat delivery or deliver in a different form than stated by the buyer for reasons on the side of the buyer, the buyer is obliged to pay the costs related to repeated delivery, or the costs related to another form of delivery.
5.4.Upon takeover of goods from the transporter, the buyer is obliged to examine that the packaging of the goods is intact, and and if there are any faults to immediately announce them to the transporter. In case the packaging is found to be broken proving unauthorised penetration into the consignment, the buyer is not obliged to take over the consignment from the transporter.
5.5.Other rights and obligations of the parties during transport of goods may be regulated by special delivery conditions of the seller, if issued by the seller.
6.RIGHTS FROM FAULTY PERFORMANCE
6.1.The rights and obligations of the contracting parties regarding the rights from faulty performance are governed by the respective generally binding legislation (especially the stipulations of article 1914 to 1925, article 2099 to 2117 and article 2161 to 2174 of the civil code and act no. 634/1992 Sb., on protection of the consumer, as amended).
6.2.The seller is liable to the buyer for the goods having no faults upon takeover. The seller is especially liable to the buyer for the fact that at the time, when the buyer takes over the goods:
6.2.1.the goods have the properties negotiated by the parties, and in case of absence of such negotiation, the goods have such properties as described by the seller or the manufacturer, or which the buyer expected with regard to the nature of the goods and on the basis of the promotion made by them,
6.2.2.the goods are fit for the purpose, which the seller states for their use or which goods of this type are usually used for,
6.2.3.the goods correspond to the agreed sample or preview (proof) in quality or rendering, if the quality or rendering was determined according to an agreed sample or preview (proof),
6.2.4.the goods are in the corresponding amount, extent or weight and
6.2.5.the goods comply with the requirements of legal regulations.
6.3.The stipulations in section 6.2 of the GTC will not apply for goods sold at a lower price for the fault, due to which lower price was negotiated, for wear of goods caused by its regular use, in case of used goods for a fault corresponding to the degree of use or wear, which the goods had upon takeover by the buyer, or if it ensues from the nature of the goods.
6.4.If a fault appears within six months from takeover, the goods will be considered to have been faulty upon takeover already. The buyer is entitled to apply the right from a fault, which occurs in the goods within the period of twenty four months from takeover.
6.5.Rights from faulty performance are applied by the buyer at the seller at the address of his business premises, in which reception of complaint is possible with regard to the nature of sold products, or possibly also in the headquarters or principal place of business.
6.6.Other rights and obligations of the parties relating to the responsibility of the seller for the faults can be regulated by the customer complaints code of the seller.
6.7.The above-mentioned stipulations of this article of the GTC will not apply in case the buyer is an entrepreneur and when the contract is being entered into, it is clear from the circumstances that the purchase relates to his entrepreneurial activity. In such a case, it is proceeded according to the valid legislation.
7.OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1.The buyer acquires ownership of the goods by payment of the entire purchase price of the goods or delivery of the goods, if it takes place later. The risk of ensuing harm passes to the buyer by takeover, or by delay of the buyer with taking over the goods.
7.2.The seller is not bound by any codes of ethics in relation to the buyer in the sense of the stipulation of article 1826 paragraph 1 letter e) of the civil code.
7.3.The processing of consumers' complaints is provided by the seller via the electronic address firstname.lastname@example.org. The seller will send the information about having processed the complaint of the buyer to the electronic address of the buyer.
7.4.Out-of-court settlements of consumer disputes from the contract of purchase pertain to the Czech Trade Inspection residing at Štěpánská 567/15, 120 00 2 Praha 2, IČ: 000 20 869, internetová adresa: https://adr.coi.cz/cs. The platform for online settlement of disputes, which can be found on the Internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer from the contract of purchase.
7.5.The European Consumer Centre Czech Republic, residing at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point according to a decree of European Parliament and Council (EU) no. 524/2013 from May 21, 2013 on resolution of consumer disputes online and on change of regulation (EC) no. 2006/2004 and directive 2009/22/EC (decree on online resolution of consumer disputes).
7.6.The seller is entitled to sell goods based on a trade licence. Business inspection is carried out by the respective trade licensing office within the scope of its competence.
7.7.The buyer hereby takes on himself the danger of a change of circumstances in the sense of article 1765 paragraph 2 of the civil code.
8.PERSONAL DATA PROTECTION
8.1.Protection of the personal data of the buyer, who is a natural person, is provided especially by act no. 101/2000 Sb., on protection of personal data, as amended, and by Regulation (EU) 2016/679 of the European Parliament and of the Council (the General Data Protection Regulation), from the date it takes effect..
8.2.The seller processes the personal data of the buyer in the scope and for the period necessary for the purposes of fulfilling the contract of purchase made by the seller and the buyer, for fulfilling a legal duty, which relates to the seller, and for the purposes of his legitimate interests.
8.3.The buyer declares that the personal data provided by him to the seller in connection with the contract of purchase are correct and true.
8.4. For more detailed information on handling personal data, see the Principles of personal data processing (link). All personal data will be processed in keeping with these principles.
9.SERVICE OF MAIL
9.1.Mail can be delivered to the buyer to the electronic address of the buyer.
10. FINAL PROVISIONS
10.1.If the relation established by the contract of purchase contains an international element, the parties arrange that the relation is governed by Czech law. Potential disputes, which it will not be possible to resolve in an amicable way, will be resolved before a competent local court of justice of the Czech Republic. This is without prejudice to the rights of the consumer ensuing from generally binding legal regulations.
10.2.If a stipulation in the purchasing conditions is invalid or inefficient or become so, a stipulation that is the closest in meaning to the invalid stipulation takes the place of invalid stipulations. Invalidity or inefficiency of one stipulation is without prejudice to the validity of other stipulations.
10.3.The contract of purchase including the GTC is archived by the seller in electronic form and is not accessible.
10.4.These GTC come into force and take effect as of 1 March 2018.