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1. COMMON REGULATIONS

If there were not agreed other conditions in a written form, these general trade terms (further only "terms") regulate contractual terms rising between Michal Koch, Vrbiny 764, 735 43 Albrechtice, Company identification No. 74738780 as a seller and buyer mentioned by entered data and contact in electronic order. Relationships between buyer and seller abide by these trade terms which are at the same time binding for both parties. The buyer confirms by making binding order that he accepts Trade terms for delivery of goods announced by seller. The terms are further an integral part of order at the requirement of payment with invoice with delivery of goods before its refund and with making a binding order the buyer confirms without any reservation his agreement with these terms. At the same time the seller must secure that buyer has a possibility to familiarize with these terms with a sufficient advancing before order implementation especially by their publication on the pages of this internet shop. These terms are in form which enables its archiving and reproduction.

2. DEFINITION OF TERMS

Supplier - is a person who acts within his business or other business activities at closing and performance of contract. It is a businessman who delivers goods to buyer directly or through other businessmen.

Seller - businessman who sells products or provides services to buyer.

Buyer - consumer or a buyer who is not consumer (taking of goods on invoice - company registration number).

Consumer - is a person who does not act within his business or other business activities at closing and performance of contract. It is a physical entity or corporation who buys products or uses services on different purpose than business with these products or services.

3. DETERMINATION OF DELIVERABLE

The deliverable is delivery of locators, accessories and other goods that are on view in internet shop (further only "goods") ordered as promissory by buyer.

4. FIXING THE PURCHASE PRICE

Purchase price for delivery of goods will be defined according to actual prices of goods displayed in internet shop by seller and valid in the time of order implementation. Seller is entitled to change the price by publishing new prices but he can not change prices with retrospective force. If it is not agreed otherwise, the price does not include costs on transport of goods which will be charged individually to final price of order according to additional price lists or real costs.

5. ORDER MAKING AND ORDER CONFIRMATION

Precondition for achieving electronic order validity is filling in all required data and terms mentioned in order form and its acceptance by seller. Order is at the same time a proposal of purchase contract when purchase contract alone rises eventually at the moment of binding confirmation of buyer's order acceptance by seller. An integral part then present annexes that will be marked, dated and signed as integral part. Order is accepted within 24 hours, binding order confirmation will be sent to you by e-mail, and about its sending you will be informed by e-mail as well. Written confirmation of order acceptance will be made by seller only on buyer's request.

6. TERMS OF PAYMENT AND INVOICING

Buyer binds himself to pay purchase price for delivered goods including costs of transportation, package costs as well as registration surcharge and VAT. Purchase price will be standardly paid in form of cash on delivery, send cheque or advance invoice. On the basis of standard invoice after dispatch of goods, only if buyer's requirement on invoice refund is marked. Invoice will be made after handing over goods to buyer or handing over goods to transporter. Invoice or cheque maturity is determined by both parties agreement or standard period 14 days - usual in business contact. The day of maturity is considered to be the day when the whole amount of purchase price was assigned on seller's account. In case of cash on delivery payment is the day of maturity the day of cash-on-delivery amount payment by buyer.

7. RESPONSIBILITY FOR DEFECT AND CLAIM OF GOODS IN CASE OF BUYER WHO IS NOT CONSUMER

Buyer has got a title to a reasonable price discount if the goods is not delivered in required quality. Seller is responsible for defects that the goods have in the time of handover to buyer. Seller is not responsible for defects that he specifically called buyer's attention to. Buyer is obliged to file a complaint on delivered goods defects without any unreasonable toss delay right after he finds this out.

8. LIABILITY FOR DEFECTS AND CLAIM IN CASE OF BUYER - CONSUMER

Guaranty time: Seller is liable to buyer for goods defects that will appear as a contrariety to purchase contract after handing over subject in guaranty time (legal guarantee). Guarantee does not refer to subject wear caused by its usual use. At subjects sold for lower price the guarantee does not refer to defects for which a lower price was arranged. Legal guaranty time is 24 months if a longer period is not agreed by contract for particular goods. Guaranty time runs from buyer's subject handover. After expiration of guaranty time, seller's responsibility for goods defects that were not in this time applied by customer wears off.

Certificate of warranty: On buyer's request the seller is obliged to provide guaranty in a written form (certificate of warranty). Certificate of warranty includes name and surname, seller's name or trade name, Company ID, domicile. If nature of subject enables, it is sufficient to issue to buyer an evidence of subject purchase including mentioned data instead of certificate of warranty. If the guaranty time is provided for a longer time than legal guaranty, seller makes such a declaration in certificate of warranty and defines in it conditions and coverage of warranty elongation.

Claims from responsibility for defects incurred in guaranty time: Seller is responsible for that the sold subject is in line with purchase contract at buyer's handover, especially without defects. In case of the subject is not in line with the contract at buyer's handover (contrariety to purchase contract), buyer is entitled to seller's introducing subject into condition appropriate to purchase contract, namely cost free and without any needless delay according to buyer's request either to change subject or its correction; if such a approach is not possible, buyer can require a reasonable price discount or back out of contract. This does not apply if buyer did know about contrariety to purchase contract before subject handover or he himself did cause contrariety to purchase contract.

Contrariety to purchase contract that will develop in six months since the day of subject handover is considered to be a contrariety existing already at its handover if this does not counter to subject character or if contrary does not come to light. In case of removable defect the buyer is entitled to its removing, namely cost free, on time and properly and seller is obliged to remove defect without any needles delay. If it is an irremovable defect inhibiting from its proper use as a subject without any defect, buyer is entitled to subject change or back out of contract. Buyer has got the same rights if it is removable defect but buyer can not properly use it for reentry defect emerging after its fixing or for a bigger amount of defects (the third same defect or any fourth). If it is another irremovable defect without necessity of its change, buyer is entitled to a reasonable price discount or he can back out of contract. In case of done guaranty repair the goods guaranty prolongs by time during which customer could not properly use the goods as a result of its execution. Seller deliver repaired or changed goods to customer on his own costs via transport service or post. Operator of internet shop settles your claim at the latest in 30 calendar days since its claiming.

Advice of defect: If a reclaimable defect arises on goods delivered by internet shop, buyer can file claim in written at the address: Michal Koch, Vrbiny 764, 735 43 Albrechtice or e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Eventually it is possible to file claim in factory. Advice of defects must include: buyer's name, phone contact, e-mail (if it is available), tax document number, description of defect and of how defect arouse. By return after notice of defects obtaining the seller informs buyer about consequent course. Buyer submits for claim the goods best including all accessories (in the interest of smooth claim settling), in original package. In case of buyer's not having original package he is obliged to provide another suitable package on his costs, compliant with transport demands. Buyer acknowledges that in case of insufficiently protected goods at transport, its damage can occur and consequently claim refusal. To file claim it is necessary to document purchase establishment, best by annexing sales record about subject purchase (for example tax certificate - invoice, certificate of warranty). Transport in place of putting in claim is paid by buyer.

9. DISMISSAL OF DELIVERY OF GOODS

Every order is binding (Civil Code § 544-545, act No. 40/1964 Code) according to our trade terms. If the outgoing order sent cash on delivery will not be collected by customer, it will be in every case required to pay off all costs incurred on sending goods and handling charges (penal clause) in the amount of 500,- CZK. By sending order you agree with our trade terms and penal clause in this amount. We do call attention that all unpaid assets (unpaid penal clause) will be delegated to company Deredes Ltd. (www.checkout.cz) for recovery of debts including all costs associated with it.

For cash on delivery (buyer is consumer) applies period defined according to § 53 paragraph 7 of Civil Code. Buyer (consumer) has got right in such a case to back out of contract without any reason within 14 days since delivered goods handover. This right he also has in case that consumer takes over goods personally in seller's place of business provided that contract was agreed through data communication facility at a distance (internet). In such a case he will get back purchase price without any needless delay. We call attention of buyer (consumer) that legal act of recision must be delivered to seller in 14 days since goods handover. In case of recision after this period, such a recision can not be accepted. Goods returned this way should be in the state which enables its further sale otherwise seller can adequately lower returned purchase price. At the same time he must prove that returned goods was really depreciated by consumer. However consumer is entitled to pack off and try goods and it can not be considered as a reason for its depreciation if it really did not come about visual damage of goods. In case of goods claim in this period it proceeds according to point 8 of these general trade terms, process according to point 9 is not excluded thereby. Part of this paragraph is also seller's separated declaration about goods return possibility on these pages.

10. ORDER CANCELATION

Buyer can cancel order any time on the phone or by e-mail and without any reason up to its dispatching time. It is sufficient to notice name, e-mail and signature of ordered goods or service.

11. DELIVERY OF GOODS PARTING

Seller can divide goods order into several deliveries with different delivery date and different payments invoicing respectively without buyer's agreement. But in such case dispatcher charges postage and costs on transport as it were only one consignment.

12. TERMS OF DELIVERY OF GOODS TO BUYER WHO IS NOT CONSUMER

Seller fulfils his obligation to deliver goods by its handover to buyer. Delivery is realized in form of mail posting or handover to transporter. On buyer's request certificate of delivery is part of goods handover. Handover of goods is handover to buyer in place of delivery which is seller's domicile or in case of sending goods the place of handover to the first transporter to transportation for buyer. The danger of goods damage passes on buyer at the moment of goods handover to buyer if it is not noted else. Dates for goods delivery follow standard customs in business contact, eventually according to Business Code.

13. DISPATCH OF THE GOODS TO BUYER WHO IS NOT CONSUMER

At sending goods by seller the duty to deliver goods is executed by its delivering to post or the first transporter on an agreed place of assignment, eventually without an agreed place of assignment to transport for buyer to place of destination according to the place of destination according to transport disposition in purchase contract respectively according to conventional ways and at the expense of buyer. At this moment of handover for transport for buyer the danger of goods defect passes on buyer. Seller gives notice of sending goods (in form of sending tax certificate, via text message or e-mail) and it is not his duty to affect insurance on goods. After buyer's goods handover is negotiated procedure according to § 451 Business Code.

14. WAY OF TRANSPORT, LOADING, TRANSPORT DISPOSITION

The duty to mark goods in terms of § 413 Business Code is executed by filling in carriage documents and certificates of delivery attending goods. Goods will be fitted for transport in business contact usual way for transport of agreed goods.

15. RESERVATION OF OWNERSHIP

Goods ownership is converted to buyer no sooner than complete payment of purchase price.

16. PENALTY ASSIGNATION FOR BUYER WHO IS NOT CONSUMER

This paragraph applies only for payment by invoice made after realized goods delivery to seller. For case of buyer's delay with purchase price payment the parties negotiate penal clause in the amount of 3.000,- CZK for the first day of delay and 0,8 % of purchase price amount for every further day of delay. Seller's right on compensation is not affected by this penalty clause.

17. COMPENSATiON FOR DAMAGE FROM BUYER WHO IS NOT CONSUMER

This paragraph applies only for payment by invoice made after realized goods delivery to buyer. Parties agree that in case of consequential damage incurred by unpaid purchase price that surpass the amount of penalty clause the buyer is obliged to pay completely this damage. Further it is negotiated that buyer is obliged to pay all costs incurred with debt enforcement over penalty clause.

18. AVOIDANCE OF CONTRACT

Buyer can cancel every order on the phone, by e-mail and without any reason up to the time of its expedition. It is sufficient to note the name, e-mail and description of ordered goods or service. Buyer (consumer) can further back out of contract on the basis of article § 53 clause 7 of Civil Code about protection periods concerning to right of back out of contract in case of closing contract through data communication facility at a distance (see point 7 of this terms) or buyer can back out of contract in cases defined by Business code. Seller can back out of contract in case when it came to a big shift of foreign currency exchange rate or price change or change of delivered product type or version, eventually deliveries termination on the part of supplier. Further in case of gross contract violation or defined by Business Code (in case of buyer - consumer only within the range of article § 262 Business Code).
In case of determination for reason of gross contract violation, buyer who is not consumer binds to return back all off take and simultaneously unpaid goods to seller and further pay the cancellation fee in the amount of 50% of unpaid goods purchase price. As late as returned goods handover by seller, all sanctions resulting from these terms are valid. For gross contract violation is considered to be price nonpayment for delivered goods in period of 30 days after maturity expiration.

19. ARBITRATION CLAUSE

Contractual parties (seller and buyer who is not consumer) agreed that all disputes rising from purchase contract and in connection with it, will be decided with a terminal validity in arbitral procedure. Seller is entitled to constitute arbitrator. About costs of arbitral procedure that forms especially arbitration fee and costs of contractual parties legal representation decides nominated arbitrator. Costs of legal representation: for their determination are applied adequate articles of competent generally accepted legal regulations - i.e. especially of Civil Procedure Act and Department of Justice regulation No. 177/96 Collection of Laws. Place, day and hour of arbitral procedure performance is decided by nominated arbitrator.

20. FINAL PROVISIONS

Other rights and duties of contractual parties follow competent law of Civil Code and Business Code.

Laws as amended by further code:

  • Civil Code, act No. 40/1964 Collection of Laws
  • Business Code, act No. 513/1991 Collection of Laws
  • act No. 455/1991 Collection of Laws, about trade business
  • act No. 101/2000 Collection of Laws, about personal data protection