General terms and Conditions
These general terms and conditions (also GTC) are valid for purchase in the online store bemet.cz, which is operated by BEMET S.R.O., company ID: 63504880, with Headquarters Bolevecká 1063/11, zaps. In OR maintained by the Regional court in Pilsen, section C, insert 6457These GTCS govern relations between the buyer and seller in the field of sale of goods between BEMET s.r.o., company ID: 63504880, with Headquarters Bolevecká 1063/11, zaps. In OR maintained by the Regional court in Pilsen, section C, inset 6457 (hereinafter referred to as "the seller") and its business partners (the "buyer").
All contractual relations are concluded in accordance with the legal order of the Czech Republic. By placing an order, the buyer confirms that he has become acquainted with these terms and conditions, which form an integral part of the complaint procedure and that he agrees with them. To these terms and conditions, the purchaser is adequately informed before the order is made and has the opportunity to become acquainted with them.
The seller is (company) BEMET s.r.o., IČ: 63504880, with Headquarters Bolevecká 1063/11, zaps. In OR maintained by the Regional court in Pilsen, section C, insert 6457.
The purchaser is a consumer or entrepreneur.
A consumer is a natural person who, when concluding and performing a purchase contract with the seller, does not act in the course of his commercial or other business or in the independent exercise of his profession. When opening business relations, the consumer only forwards his contact information to the seller, necessary for the smooth execution of the order, or the information he wishes to have on the purchase documents.
The legal relations of the seller with the consumer expressly not modified by these GTC shall be governed by the relevant provisions. No. 40/1964 the Coll., the Civil Code and the Cust. No. 634/1992 Coll., on consumer Protection, both as amended, as well as related regulations.
An entrepreneur shall mean:
- A person registered in the commercial register (in particular a company),
- A person who conducts business on the basis of a trade licence (self-employed registered in the trade Register),
- A person who conducts business on the basis of a licence other than a trade licence in accordance with special regulations (e.g. Professions such as advocacy, etc.), and
- The person who operates the agricultural production and is entered in the register under a specific regulation.
The seller's legal relationship with the buyer, which is an entrepreneur, not expressly modified by these GTC or the agreement between seller and buyer, is governed by the relevant provisions of the Act. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations.
The seller's individual contract with the buyer is superior to the trading conditions.
3. Consumer contract
Contract of purchase, for work or other contracts under the Civil Code, if the parties are on the one hand the consumer and on the other hand the contractor, respectively. Seller.
3. Processing of personal data
All handling of personal data by buyers is governed by Act No. 101/2000 Coll., on the protection of Personal data as amended and other legislation in force in the territory of the Czech Republic. The buyer, by its free decision (by pressing the order button), makes it clear that he is aware of all of the above and agrees to the further processing of his personal data for the purpose of the business of the operator of this eshop. The provision of personal data is voluntary, you have the right to access the data and you are entitled to protection of rights to the extent stipulated by law. You may revoke this consent in writing at any time. Personal data will be fully secured against misuse. Data will be stored and not shared with third party applications.
By providing the said personal data and by clicking on the confirmation icons, the buyer voluntarily agrees to make the data provided to the extent that in the specific case has been completed or obtained on the basis of the concluded purchase agreement or in the context of viewing Website of the operator, were processed by the operator and the seller, whose data are specified in the preamble to these conditions, as an administrator for the purpose of offering the services and products of the controller, sending information about the activities of the controller, even Electronic means (in particular e-mail, SMS messages, telemarketing) pursuant to Act No. 480/2004 for the period until the withdrawal of such consent (e.g. By sending any message to email: firstname.lastname@example.org). The controller may appoint a third party as a processor to process the aforementioned personal data.
The controller hereby informs the data subject and gives him explicit instruction on the rights conferred by Law No. 101/2000 Coll., on the protection of personal data, i.e. In particular, that the provision of personal data to the controller is voluntary, that the data subject has the right to access them, has the right to revoke the abovementioned consent at any time in writing to the administrator and has the right, in case of breach of his rights, to apply to the Office for the Protection of Personal data and require an appropriate remedy, such as the Abstention of such conduct by the administrator, removal of the resulting state, providing apology, making corrections or additions, blocking, liquidation of personal data, payment of monetary compensation, as well as the use of other rights under § 11 and 21 hereof. If the buyer wishes to correct the personal data that the operator or seller processes about it, he may request it at the email address email@example.com or at the level of the postal address of the operator or seller.
4. Order and conclusion of the contract
The buyer is entitled to send the order to the seller only through the order system eshop.
The proposal to conclude a purchase contract is the location of the offered goods by the seller to the site, the purchase contract is created by sending the order to the buyer by the consumer and accepting the order by the seller. This acceptance by the seller shall immediately confirm to the buyer an informative email to the specified email, but this confirmation does not affect the creation of the contract. The contract (including the agreed price) may be changed or discontinued only by agreement of the Parties or on the basis of legal reasons.
Certain types of goods need to be ordered from the supplier for capacity and economic reasons. Information about the above is obtained by the buyer in detail of the product, or. from the seller. In such a case, the buyer must reimburse the seller a deposit of 50% of the selling price of the goods before ordering the goods from the supplier. The seller must order the goods at the supplier only at the time of payment of the full prepayment of the buyer. The seller accepts the payment terms set out in section 5 for payment of the deposit. These GTC under the prepayment by bank transfer. The deposit is refundable only if the seller is unable to secure the delivery of the goods to the buyer.
These GTC are written in Czech language, and the purchase contract can be concluded also only in the Czech language. Consumer domiciled in a Member State of the European Union outside the territory of the Czech Republic, or Who is a citizen of a Member State of the European Union outside the territory of the Czech Republic, confirming the order agrees with the conclusion of the purchase contract in the Czech language. After the conclusion of the purchase contract it is not possible to check whether errors were generated during the processing of the data prior to placing the order or correct these errors. The concluded purchase agreement is archived by the seller and is accessible to the buyer within the period of 2. Years from the date of signature.
5. Price and payment
The offer with the prices quoted on the seller's eshop is contractual, final, always up-to-date and valid, for as long as these are offered by the seller in the online store. Transport costs are listed in the "Delivery period and delivery terms" section. The costs of using means of distance communication shall be borne by the buyer. Final calculated price After filling in the order form is already included including freight. As a price when concluding a contract between the seller and the buyer pays the price stated for the goods at the time of ordering the goods by the buyer. The tax document on the basis of the purchase agreement between the seller and the buyer serves as a delivery note. The buyer may take over the goods in principle only after it has been fully paid, unless otherwise agreed.
In the case where the buyer makes a payment and the seller is unable to ensure delivery of the goods, the seller shall immediately return to the buyer in an agreed manner. The period for repayment of the spent funds depends on the method of reimbursement chosen, but may not exceed a period of 30 days from the time when this impossibility arose.
The goods remain in full payment to the seller's property.
The seller accepts the following payment terms:
- Prepayment via bank transfer
- Payment transfer to maturity
- Payment on delivery
6. Delivery time and terms of delivery
The seller fulfills the delivery of goods by handing these goods to the buyer, or passing the goods to the first carrier, thus also passes to the buyer the risk of damage. Product availability is always shown in detail in this product. Delivery time depends on product availability, payment terms and conditions of delivery, and is maximum 5 days. In normal cases, we ship the goods within 2 working days of paying the full amount of the purchase price. The delivery deadline is always stated in the email confirming the order. Installation of purchased goods is not included in the delivery. Together with the consignment, the purchaser receives a tax document/invoice.
As part of the efficiency of the delivery of goods, the Seller reserves the possibility to send the goods to the buyer in multiple deliveries, with postage costs borne by the buyer only for the first delivery.
The delivery period starts with the goods that will be paid by the buyer at the time of receipt, i.e. On delivery, run on the date of the valid conclusion of the purchase contract pursuant to article IV. These GTC. If the buyer has chosen a variant of payment other than the payment of the goods upon receipt, the delivery period starts to run only from the full payment of the purchase price, ie. From crediting the relevant amount to the seller's account.
The seller accepts the following terms of delivery:
- Czech post
- Personal collection
In the event of an exchange of goods within 30 days of the purchase of the goods, the buyer is charged for the postage costs, at each individual dispatch of the goods towards the buyer.
In case of returning the goods to the seller within 30 days, the buyer pays the costs of postage. In case of order of goods worth over 10000,-CZK bears the cost of shipping payment by the seller.
7. Warranty and Service
When selling consumer goods, the warranty period is 24 months; In the case of sales of food products, the guarantee period is eight days, for the sale of feedingstuffs for three weeks and for the sale of animals six weeks. Where, in accordance with specific legislation, the period for use of the case is indicated on the goods, its packaging or the instructions attached to it, the guarantee period shall expire at the expiry of that period.
The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not cover defects for which the lower price has been negotiated. If the goods are used, the seller is not liable for defects corresponding to the level of use or wear that the thing had upon takeover by the purchaser.
In accordance with the applicable legal order of the Czech Republic, the buyer, who is the entrepreneur and the goods purchased in connection with the business, is provided with a guarantee of goods outside the general liability of the seller for defects of the goods when it is handed over. Buyers who are entrepreneurs and buy goods in connection with their business activities are provided with a warranty period of 12 months.
To apply the warranty repair, you need to present the purchase document (receipt, invoice, leasing agreement), or Warranty card. In the case of sending the goods the seller must pack the goods for transport in such a way as to avoid damage during transport.
Seller provides post-warranty service to buyer. In the case of sending the goods the seller must pack the goods for transport in such a way as to avoid damage during transport. Repaired goods will be sent to the buyer on delivery through the Czech post, the price of repair of goods will be charged postage of 100,-CZK.
8. Complaints procedure
In the event that a defect occurs during the warranty period, the buyer, depending on the nature of the defect, has the following rights when exercising the warranty:
In case of defects Removable: a.)
The right to free, proper and timely removal of defects.) The ri
ght to replace defective goods or defective parts, if this is not disproportionate due to the nature of the defect.
) If the procedures set out in (a) are not possible. and B.) Has the right to a reasonable discount on the purchase price or withdrawal from the purchase contract
In case of defects unrecoverable: a.
) The right to exchange defective goods or withdraw from the purchase contract
In the event of a defect, if the purchaser is unable to re-defect after repair (i.e. The goods have already been claimed 3 times for the same defect) or for a greater number of defects properly us
ed.) The right to exchange defective goods or to withdraw from the purchase contract
If other defects are unrecoverable and the consumer does not require the exchange of goods: a.)
The right to a reasonable discount on the purchase price or withdrawal from the purchase contract
The claim can be claimed at the seller's premises.
Complaints do not apply to cases:
- Defect or damage is demonstrably misused, in contradicting the instructions for use or other improper conduct of the buyer
- Demonstrable tampering with the goods
- Defects resulting from the normal wear and tear of consumer goods with a specified period of use according to special legislation, if such a complaint is applied after the expiry of this deadline
- Defects caused by the influence of natural disasters
9. Termination of the agreement
Due to the nature of the conclusion of the purchase agreement through distance communication, the buyer, who is a consumer, has the right to withdraw from this agreement without any penalty within 30 days of receipt of the goods. Furthermore, the buyer who is the consumer shall have the right to withdraw from the contract in accordance with UST. § 53 paragraph. 7 and 8 of Act No. 40/164 Coll., Civil Code, as amended. The foregoing does not apply to the purchaser who is an entrepreneur and concludes the purchase agreement in connection with his business. In the event of the aforementioned withdrawal, the seller will be sent the purchase price to the buyer's bank account, which the buyer informs the seller for this purpose.
The seller has the right to withdraw from the contract if the buyer does not pay the full amount of the price within 30 days from the date of conclusion of the purchase contract.
10. Final provisions
The buyer shall allow the seller to fulfil his obligations in accordance with the offer/contract, for which he will develop all necessary synergies.
The buyer undertakes to pay all costs incurred by the seller by sending the reminders and the costs associated with recovering any claims.
Buyer acknowledges that the seller is entitled to transfer his claim from the contract to a third party.
The Buyer shall promptly inform the seller of the change in his identification data at the latest within 5 working days from the date on which such change occurred. The Parties undertake to make every effort to settle any disputes arising from or in connection with the Treaty and/or the GTC.
The mutual obligations of the parties are governed by the laws of the Czech Republic, in particular by Law No. 40/1964 Coll., Civil Code, as amended. For the purpose of contracting with an international element, in accordance with art. Iii. Regulation No 593/2008 on the law applicable to contractual obligations adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter referred to as "Rome I"), that they have chosen the applicable law for the purchase agreement and these GTC law of the Czech Republic, with the exclusion of the use of the "United Nations Convention on Contracts for the International Sale of goods". This choice is without prejudice to art. VI Rome I, concerning consumer contracts.
In the event that any provision of the agreement and/or GTC is or becomes or will be found to be invalid or unenforceable, it shall not affect (to the fullest extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and/or GTC. In such cases, the Contracting Parties undertake to replace invalid or unenforceable provisions with a valid and enforceable provision, which shall be of the highest extent the same and legally permissible meaning and effect as the intent of the provision to be Replaced by. From legal prudence, the Contracting Parties declare, in the case of contracts with an international element, for any dispute cases (with the exception of disputes which are given the exclusive competence of the arbitrator and/or in relation to them) or, in cases where the final Decision of the court finds that there is no competence of the arbitrator under this article of the GTC that, in accordance with 23 Council Regulation (EC) No 44/2001 the Council of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, negotiating the exclusive competence of the municipal court in Plzeň-city for the decision of all future disputes arising from the Treaty and/or the GTC and/or in connection with them. Likewise, the Contracting Parties hereby base the exclusive competence of the city Court in Plzeň-City for all disputes relating to the Treaty and the GTC (with the exception of disputes in which the exclusive competence of the arbitrator is given and/or in connection with them).
These GTC are valid and effective on 3.6.2016 and are also available on the seller's website. The seller is entitled to change these GTC at any time. The GTC shall cease to be valid and effective on the date of the subsequent entry INTO force.