Business Terms and Conditions Valid and Effective from 1 September 2016
1. Introductory Provisions
1.1 In compliance with the provision of Section 1751, paragraph 1 of Act No. 89/2012 Coll. (the Civil Code), as amended, Jeřicha s.r.o. hereby issues the following business terms and conditions, which are an integral part of the purchase contract entered into by and between: Jeřicha s.r.o. with its registered office at U Kovárny 264, 281 25 Konárovice, ID No.: 27869504, e-mail: email@example.com, 603 579 301, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 122961, (hereinafter referred to as the "Seller"), and the Buyer as the other contracting party.
1.2 The Buyer is a physical or legal entity concluding a purchase contract with the Seller via the Seller's e-shop at www.parafin-jericha.cz (hereinafter referred to as the "E-Shop").
1.3 If the Buyer is a consumer as per Section 419 of Act No. 89/2012 Coll. the relationships not regulated by these Business Terms and Conditions shall be governed by Act No. 89/2012 Coll. If the Buyer orders / purchases goods within its business activities or sole trading, the relationships not regulated by these Business Terms and Conditions shall be governed by Act No. 89/2012 Coll., while the provisions of Sections 2158 to 2174 shall not apply.
1.4 By signing a purchase contract the Buyer confirms that it has become familiar with the complete text of these Business Terms and Conditions, that it understands all their provisions and that it fully agrees with them.
1.5 The Seller shall be entitled to amend the text of these Business Terms and Conditions at any time. The Buyer shall be bound by the version of the contractual conditions that is current at the moment of concluding a purchase contract.
2. Purchase Contract Conclusion
2.1 By choosing goods from the Seller's offer and by ordering them (by completing an order form), the Buyer submits to the Seller a proposal of conclusion of a purchase contract. A purchase contract between the Seller and the Buyer is concluded at the moment that this proposal is accepted, i.e. at the moment that the Seller sends confirmation of the order to the Buyer's e-mail address. If the Seller does not confirm the order in the manner described above, it shall be deemed that the purchase contract has not been concluded.
2.2 The order form includes especially marking of the goods, the price of the goods, the manner and price of the goods transport and the space where the Buyer shall complete its identification data.
2.3 The Buyer's identification data especially include its name and surname or the business name of the company, the address of its domicile or registered office, the date of birth or ID number, e-mail address, contact phone number or also the mailing address.
2.4 The price of all the goods offered in the Seller's E-Shop includes VAT and all fees related to their sale (except for the postage, which is specified separately). The price of the goods shall be valid for the whole period of time it is published in the Seller's E-Shop.
2.5 An order shall only be valid if all requirements of the order form are met including completion of consent to the text of these General Business Terms and Conditions.
2.6 The Buyer understands that the Seller is not obliged to conclude with the Buyer a purchase contract for all goods offered in the Seller's E-Shop, i.e. displaying goods in the Seller's E-Shop is not an offer for conclusion of a contract within the meaning of Section 1732 of the Civil Code.
2.7 All facts specified in the note part of the order form by the Buyer are a part of the purchase contract provided the Seller agrees with them; if the Seller does not agree, it shall be deemed that the purchase contract has not been concluded. Similarly, if the Seller is unable to meet any requirement of the Buyer expressed in the Buyer's order, the Seller shall send to the Buyer a new draft order asking the Buyer to express its opinion on the order. In such an event, the purchase contract shall be concluded by the Buyer having sent this new order to the Seller and the Seller having confirmed it.
2.8 If any circumstances worth consideration occur, the Seller shall be entitled to ask the Buyer for phone or written confirmation of its order prior to confirming it and concluding the purchase contract.
3. Rights and Obligations of Contracting Parties
3.1 By concluding a purchase contract the Seller shall become obliged to hand over to the Buyer the goods having been ordered and the Buyer shall become obliged to pay the arranged price for those goods to the Seller.
3.2 The Buyer shall be obliged to take over the goods ordered and delivered in compliance with the purchase contract and these Business Terms and Conditions.
3.3 If it is necessary, for reasons caused by the Buyer, to deliver goods in a different manner than arranged in the contract, the Seller shall be entitled to require that the Buyer settles all costs related to such delivery.
4. Withdrawal from the Contract
4.1 Pursuant to the provision of Section 1829 of the Civil Code, the Buyer shall be entitled to withdraw from the purchase contract within 14 days following the day of the goods takeover.
4.2 A contract withdrawal form is available in the Seller's website. The Buyer can also use a different method for withdrawing from the contract; however, it is highly recommended to use the above mentioned form.
4.3 If the Buyer withdraws from a contract, it shall send or hand over to the Seller the goods received from the Seller without undue delay, however no later than within fourteen days following withdrawal from the contract.
4.4 If the Buyer withdraws from a contract, the Seller shall return to the Buyer all money including the costs of delivery received from the Buyer based on the contract (except for additional costs resulting from a method of delivery chosen by the Buyer which was different from the cheapest standard delivery method offered by the Seller) without undue delay, however no later than within fourteen days following withdrawal from the contract.
4.5 If the Buyer withdraws from a purchase contract, the Seller shall not be obliged to return to the Buyer the money received before the Buyer hands over the goods to the Seller or proves having sent them.
4.6 The Buyer shall bear all the costs related to returning of the goods to the Seller.
4.7 The Buyer shall be held liable towards the Seller for decreased value of the goods resulting from the fact that the goods were handled in a different manner than necessary with regard to the character and properties of the goods.
4.8 The Buyer cannot withdraw from contracts specified in Section 1837 of Act No. 89/2012 Coll.
4.9 By the moment the Buyer takes over the goods, the Seller shall be entitled to withdraw from a purchase contract in case of some circumstances preventing the Seller from delivering the ordered goods to the Buyer.
5. Payment Terms and Transfer of Ownership Title
5.1 The Buyer shall not be obliged to make an advance payment for the goods ordered except for cases explicitly arranged in the order.
5.2 Goods shall be delivered / handed over to the Buyer only after payment of the whole purchase price including the costs of delivery. The purchase price shall be due at the moment of taking over the goods.
5.3 The ownership title to the goods order shall pass from the Seller onto the Buyer only after payment of the whole purchase price including the costs of delivery.
5.4 The Buyer expressly agrees that the invoice can be send in an electronic form (instead of a documentary form) to its e-mail address.
6. Rights Related to Defective Performance and Quality Warranty
6.1 The rights and obligations of the contracting parties related to rights arising out of defective performance are regulated by Act No. 89/2012 Coll., namely by the provisions of Sections 2099 - 2112.
6.2 If the defective performance represents a major breach of the contract, the Buyer shall be entitled to removal of the defect by delivering a new item free of defects or delivering a missing item or the Buyer can withdraw from the contract.
6.3 If the defective performance does not represent a major breach of the contract, the Buyer shall be entitled to removal of the defect or an adequate discount of the purchase price.
6.4 By means of quality warranty the Seller undertakes that the item will be fit to be used for a usual purpose or that it will maintain its usual properties for a particular period of time.
6.5 The warranty period shall start at the moment that the item is handed over to the Buyer; if the item was sent to the Buyer, the warranty period shall start at the moment that the item reached the point of destination.
7. Personal Data Protection
7.1 The Buyer hereby authorizes the Seller to collect, process, maintain and use the data provided by the Buyer for the purpose of the Seller's information and accounting system and to be used within the Seller's marketing campaigns and to inform the Buyer of the Seller's new products.
7.2 This especially concerns the Buyer's name and surname / business name of the company, address of the Buyer's domicile / registered office, mailing address, date of birth, birth certificate number / ID No., e-mail address and phone number.
7.3 The Buyer gives its explicit consent to the Seller sending commercial information to the Buyer's e-mail address within the meaning of Act No. 480/2004 Coll., as amended.
7.4 The Buyer gives its consent and authorization to the activities specified above for an indefinite period of time starting on the day of sending the order.
8. Final Provisions
8.1 All relationships not regulated by these Business Terms and Conditions shall be governed by applicable provisions of the Civil Code and other related legal regulations.
8.2 If any provision hereof is found illegal or invalid, the validity or effect of the other provisions hereof shall not be affected.
8.3 All arrangements between the Seller and the Buyer included in the purchase contract shall take precedence over the provisions of these Business Terms and Conditions which they contradict.