General Business Conditions and Terms of PETRA plast s.r.o.,
Company identification No.: 280 73 967, with the registered office at Okružní 1296 Humpolec
These General Business Conditions and Terms (hereinafter “GBCT”) apply to purchases in internet shop (hereinafter “e-shop”) operated by PETRA plast s.r.o., company identification No.: 280 73 967, with the registered office at Okružní 1296 Humpolec, incorporated in the Companies Register kept by the Regional Court in České Budějovice, Section C, Insert 15723 on internet pages ./
These GBCT regulate legal relations between PETRA plast s.r.o., company identification No.: 280 73 967, with the registered office at Okružní 1296 Humpolec, incorporated in the Companies Register kept by the Regional Court in České Budějovice, Section C, Insert 15723 (hereinafter “Seller”) and its business partners (hereinafter “Purchaser”).
All contractual relations are concluded in accordance with the rule of law of the Czech Republic, in particular in accordance with the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter "Civil Code").
By placing an order the Purchaser confirms he has acquainted himself with these GBCT and agrees with the GBCT.
The Seller is PETRA plast s.r.o., company identification No.: 280 73 967, with the registered office at Okružní 1296 Humpolec, incorporated in the Companies Register kept by the Regional Court in České Budějovice, Section C, Insert 15723.
The Purchaser is a consumer or entrepreneur. A consumer is each human who concludes agreement with entrepreneur or otherwise deals with entrepreneur above the frame of his business activity or above the frame of individual performance of his occupation. A consumer hands over to the Seller solely his contact details, necessary for trouble-free order processing, eventually data which the consumer wants to state in purchase documents at initiation of business relations.
Legal relations between the Seller and consumer which are not explicitly regulated hereby or by an agreement concluded by the Seller and consumer are governed by relevant provisions of the Civil Code and the Act No. 634/1992 Coll., on Consumer Protection, as amended, as well as by other relevant legal regulations.
In accordance with Sections 420 - 422 of the Civil Code entrepreneur means: a person registered in the Companies Register (in particular business company), a person conducting business based on a trade license (trader registered in the Trade Register), person conducting business based on a license other than trade license in accordance with special regulations (e.g. free professions such as advocacy etc.) and a person engaged in agricultural production registered in records in accordance with a special legal regulation.
Legal relations of the Seller and the Purchaser who is an entrepreneur which are not explicitly regulated hereby or by an agreement concluded by the Seller and Purchaser are governed by relevant provisions of the Civil Code as well as by other relevant legal regulations.
An individual agreement of the Seller and Purchaser is superior to GBCT.
The Seller and Purchaser are jointly referred to as “Contracting Parties”.
Purchase agreement concluded in accordance with the Civil Code between the Seller and Purchaser.
4. Consumer Agreement
Purchase agreement concluded in accordance with the Civil Code if one of the contracting parties is a consumer.
Agreement and Consumer Agreement are jointly referred to as “Agreement”.
Goods which are offered by the Seller on its internet pages are the subject of the Agreement.
3. Personal data processing
All processing of personal data of Purchasers is governed by the Act No. 101/2000 Coll., on Protection of Personal Data, as amended (hereinafter “APPD”) and other relevant legal regulations valid on the territory of the Czech Republic. The Seller represents it processes personal data in accordance with APPD.
By sending an order the Purchaser represents he has been informed of these facts in accordance with Section 11 APPD and agrees with the below given facts in accordance with Section 5 APPD:
a. The Seller shall process personal data of the Purchaser stated in an order, i.e. name, surname, address, email address and phone number of the Purchaser (hereinafter “Personal Data of the Purchaser”) in electronic form from the position of personal data administrator.
b. Personal Data of the Purchaser shall be processed by the Seller through its authorized employees.
c. Personal Data of the Purchaser shall be processed in order to ensure fulfillment of contractual obligations of the Seller and for Seller´s marketing purposes.
d. Personal Data of the Purchaser shall not be provided to third parties except for the company PPL for contractual performance purposes.
e. The Purchaser, as data subject, has the right to access his personal data processed by the Seller and has the right to correct the data.
f. Personal Data of the Purchaser shall be stored for the term of Purchaser´s consent with his personal data processing.
The Purchaser has the right to access his personal data. The Purchaser, as data subject, may request the Seller to give explanation to personal data processing and changes of the data in accordance with Section 21 APPD if he discovers or assumes that his data are processed in violation of protection of his personal or private life or in violation of laws, in particular if his personal data are inaccurate with regard to the purpose of personal data processing. The Purchaser may request in this regard that the Seller removes this condition. Should the Seller fail to comply with such a request, the Purchaser has the right to turn directly to The Office for Personal Data Protection with the registered office in Prague.
The Purchaser provides his data voluntarily in relation with Agreement conclusion and performance arising therefrom and for marketing purposes of the Seller.
The Purchaser is authorized to recall his consent with personal data processing at any time.
4. Order and Agreement Conclusion
The Purchaser is authorized to send order to the Seller solely based on e-shop order system. Proposal to conclude Agreement is placing of the goods offered by the Seller on its internet pages. Goods on display represent an offer with exception of situation when the goods are out of stock or when the Seller loses its capacity to fulfill its obligations arising from the Agreement. The Agreement originates by accepting an order which is made by sending of the order by the Purchaser and simultaneously by acceptance of the order by the Seller. This acceptance shall be immediately confirmed by the Seller to the Purchaser by informative e-mail sent to entered e-mail, however, this confirmation does not affect Agreement origination. Resulting Agreement (including agreed purchase price) may be amended or cancelled solely pursuant to an agreement of the Contracting Parties or based on legal reasons.
These GBCT are made in the Czech language and the Agreement may also be concluded solely in the Czech language. A consumer whose permanent residence is in EU member sate outside of the territory of the Czech Republic, eventually a consumer who is a citizen of EU member state outside of the territory of the Czech Republic agrees with conclusion of purchase agreement in the Czech language by confirming an order.
After the Agreement is concluded it is not possible to identify if mistakes occurred within data processing before an order was placed or to correct these mistakes. Concluded Agreement is archived by the Seller and is available to the Purchaser upon request in the period of one year following its execution.
5. Purchase price and payment
Offer with prices stated in the e-shop of the Seller is final, always up-to-date and valid for the period when it is offered by the Seller in the internet shop. Goods transportation costs are given in Article 6 "Term of Delivery and Delivery Conditions”. Costs of using distance communication means are borne by the Purchaser. Final calculated price after completion of order form is stated including freight. The amount stated at goods at the time of ordering of goods by the Purchaser is applicable as purchase price at Agreement conclusion by the Seller and Purchaser. Tax document based on the Agreement between the Seller and Purchaser serves also as a delivery note.
The Purchaser may take over the goods solely after the purchase price for the goods is paid in full, unless agreed otherwise. In the case when the Purchaser pays the purchase price and the Seller is subsequently not able to provide delivery of goods, the Seller shall immediately return financial fulfillment to the Purchaser in agreed manner. Period for returning expended costs depends on the selected method of their return, however, it may not exceed the period of 30 days from the moment when this inability occurred.
Goods remain in the possession of the Seller until the purchase price is paid in full.
The Seller accepts the following methods of purchase price payment:
· Payment in advance by bank transfer
· Payment in cash at takeover
· Payment on delivery
6. Term of delivery and delivery conditions
The Seller shall give (deliver) goods to the Purchaser by handing the goods over to the Purchaser or handing the goods over to the first carrier for transportation for the Purchaser. If a Consumer Agreement is concluded, goods are given (delivered) to the Purchaser at the moment when the carrier hands the goods over to the Purchaser. The risk of damage to a thing is transferred to the Purchaser by giving (delivering) the thing to the Purchaser.
Availability of goods is always stated in the specification of each individual type of goods. Term of delivery depends on availability of goods, payment conditions and conditions for delivery of goods and it is maximally 7 days. In standard cases the Seller dispatches goods within 3 working days following payment of full purchase price. Final term of delivery is always given in the email by which an order is confirmed. Installation of purchased goods is not part of delivery. Jointly with consignment the Purchaser shall receive a tax document/invoice. Term of delivery at goods which shall be paid for by the Purchaser at takeover, i.e. cash on delivery, commences from the day when the Agreement was validly concluded in accordance with Article 4 hereof. In the event that the Purchaser selected a method other than paying for goods at takeover, term of delivery commences from the moment when the purchase price is paid in full, i.e. from moment when account of the Seller is credited with relevant amount. The Seller accepts the following methods of delivering goods:
· Personal takeover
up to 1kg CZK 105
up to 3kg CZK 115
up to 5kg CZK 135
up to 10kg CZK 165
up to 20kg CZK 205
In the case of replacement of goods in the period of 14 days following purchase of goods the Purchaser is charged mail charges at each individual dispatch of goods to the Purchaser. In the case of return of the goods by the Purchaser within 14 days to the Seller, the Purchaser shall pay mail charges.
The shipping terms set out in the present General Terms and Conditions do not apply to shipping outside the Czech Republic. The Buyer and the Seller will agree on the shipping terms for the Goods to be transported outside the Czech Republic by e-mail on a case-by-case basis.
7. Rights from defective performance
A. in relation to a consumer
The Seller is liable to the Purchaser-consumer that a thing is free of any defects at takeover.
If a thing does not have the properties set in Section 2161 of the Civil Code, the Purchaser-consumer may request delivery of a new free of defects thing if it is not inadequate with regard to the nature of the defect but if the defect involves only a part of the thing, the Purchaser may request replacement of the part; if this is not possible, he may withdraw from the Agreement. However, if it is inadequate with regard to the nature of the defect, in particular if the defect may be removed without undue delay, the Purchaser has the right to a free of charge defect removal. If the Purchaser-consumer does not withdraw from the Agreement or if he does not exercise the right to delivery of a new free of defects thing, to replacement of a part thereof or repair of the thing, he may request an adequate discount. The Purchaser-consumer has the right to an adequate discount in the case when the Seller is not able to deliver a new free of defects thing to the Purchaser, replace a part thereof or repair the thing, as well as in the case when the Seller does not remedy the situation in an adequate period or if remedy of the situation would cause significant problems to the Purchaser-consumer.
If a defect manifests within six months following takeover, it is considered that the thing was defective already at takeover.
Rights from defective performance do not pertain to the Purchaser if defects on goods where caused by transportation by the Purchaser or unprofessional manipulation or assembly performed by the Purchaser.
Right from defective performance does not apply to wear and tear of a thing caused by standard use, unsuitable use or treatment, due to weather conditions, unprofessional manipulation, intentional damage or defects of which a customer was informed in writing in the Agreement.
B. in relation to entrepreneur
For the Purchaser – entrepreneur the following is stipulated differently from relevant provisions of the Civil Code in the case of a defective performance:
§ occurrence of a repairable defect or repairable defects is always considered as non-material breach of Agreement and not as material breach,
§ at non-material breach of Agreement the Purchaser-entrepreneur has the right to defect removal or adequate discount on purchase price, according to choice of the Seller, unless agreed otherwise,
§ at significant breach of the Agreement the Purchaser-entrepreneur has the right to adequate discount on purchase price or withdraw from the Agreement, unless agreed otherwise.
The Purchaser-consumer is authorized to exercise his right from a defect which shall occur at goods in the period of twenty four months following takeover, the Purchaser-entrepreneur in the period of six months following takeover. For used goods the Contracting Parties agree on period for exercising rights from defective performance in the period of twelve months following takeover.
Complaint may be filed by the Purchaser at the Seller through internet pages of the Seller.
In the case when goods are sent to the Seller it is necessary to pack the goods for transportation in such manner that goods are not damaged during transportation. The Seller shall not provide the Purchaser with post-warranty servicing.
8. Withdrawal from Agreement
In view of the fact that the Agreement is a Distance Agreement (while using distance communication means which allow to conclude the Agreement without simultaneous physical presence of the Contracting Parties), the Purchaser who is a consumer has the right to withdraw from this Agreement without giving a reason in the period of 14 days following goods takeover, following day of takeover of last goods delivery (if several types of goods or delivery of several parts of goods are subject of the Agreement), following day of takeover of the first delivery of goods (if regular repeated delivery of goods is subject of the Agreement). If a consumer exercises the right to withdraw from the Agreement in accordance with this Article, the period for withdrawal is considered preserved if the consumer sends notification of withdrawal to the Seller during this period. In the case of the abovementioned withdrawal from the Agreement the Seller shall send purchase price to the bank account of the Purchaser, who shall specify bank account details to the Seller for this purpose, at the latest within 14 following withdrawal from the Agreement. In the case of withdrawal from the Agreement in accordance with this Article the consumer bears costs related to return of goods solely in the case when goods may not be returned by regular mail due to their nature.
Should the consumer withdraw from the Agreement, he shall send or hand over goods which he received from the Seller to the Seller without undue delay at the latest within 14 days following withdrawal from Agreement. The Seller is not obliged to return received financial means to the consumer before the consumer hands over goods to the Seller or proves that he sent goods to the Entrepreneur.
The Seller has the right to withdraw from the Agreement in the case when the Purchaser does not pay full purchase price in the period of 30 days following Agreement conclusion.
9. Final provisions
The Purchaser shall allow the Seller to fulfill obligations in accordance with the Agreement and he shall provide all necessary cooperation in this regard. The Purchaser undertakes to pay the Seller all costs arisen to the Seller from sending remainders and also costs related to collection of eventual receivables.
The Purchaser acknowledges that the Seller is authorized to assign its receivable from the Agreement to a third party.
The purchaser is obliged to immediately inform the Seller of change in his identification data, at the latest within 5 working days following the day when such a change occurred.
Parties undertake to exert maximum effort to settle all conflicts arisen from
the Agreement and/or herefrom or in relation with the Agreement and hereto
amicably. Mutual contractual relation of the Contracting Parties is governed by
the rule of law of the Czech Republic, in particular by the Civil Code. If the
relation established hereby and/or by the Agreement includes an international
element, the Contracting Parties congruently exclude application of “United
Nations Convention on Contracts for the International Sale of Goods”. This does
Article VI of the Rome I Regulation related to consumer agreements.
Eventual conflict between the Seller and Purchaser – consumer arising from the Agreement may be settled out of court through a financial arbiter by a procedure in accordance with the Act No. 229/2002 Coll., on Financial Arbiter, as amended, within proceedings instituted upon motion of the Purchaser. The financial arbiter shall decide in the matter itself without undue delay by an award; delivered award which may not be challenged by objections comes into legal force and is an executable execution title when performance period lapses.
In conflicts in which a financial arbiter is not competent according to GBCT the Contracting Parties agree on exclusive competence of the District Court in Pelhřimov.
Czech Trade Inspection Authority is the body responsible for supervision or state supervision over activities of the Seller in case of concluding distance agreements.
In the event that any of the provisions of the Agreement and/or hereof is or becomes or shall be found invalid or unenforceable it shall not affect (in the highest possible scope permitted by legal regulations) validity and enforceability of remaining provisions of the Agreement and/or hereof. In such cases the Contracting Parties undertake to substitute invalid or unenforceable provision by valid and enforceable provision which shall have identical meaning and effect permissible by legal regulations to the highest possible degree as the intent of the provision which is to be substituted.
These GBCT become valid and effective on the day they are published and are decisive in the relevant version for all offers made on this day or later. The Seller reserves the right to change these GBCT. New version of GBCT shall be published on Seller´s internet pages /. The validity of the previous GBCT is cancelled on the day of publishing hereof, however, this does not affect Agreements concluded in accordance with the existing version of GBCT.
By accepting these GBCT the Seller represents that it has thoroughly read these GBCT and have acquainted itself with GBCT, it had sufficient time and all provisions hereof are comprehensible.