General Terms and Conditions
General Terms and Conditions
- These General Terms and Conditions for Entrepreneurs and Legal Entities (hereinafter referred to as the "Terms and Conditions") apply to contracts concluded through an online store camex.cz located on the web interface eshop.camex.cz (hereinafter referred to as the webinterface") between:
Id. No.: 00526886
VAT ID No.: CZ00526886
registered office: Zámecká 375, 250 64, Měšice
registered at the Municipal Court in Prague, Section C, Insert 63335
email firstname.lastname@example.org | email@example.com
phone +420 739 369 870 | +420 605 873 422
(hereinafter referred to as"seller")
entrepreneur or legal entity
as a buyer
(both also collectively referred to as "contracting parties").
- These Terms and Conditions govern the mutual rights and obligations of the sellerří and the buyer,who concludethe purchase contract in the course of their business activities (hereinafter referredto as : "buyer") through a web interface located on the website available at the www.camex.cz internet address (hereinafter referredto as the " onlinestore").
- The provisions of the Terms and Conditions are an integral part of the purchase contract. The divergent arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.
- These terms and conditions apply to buyers who are entrepreneurs and to legal entities with valid IČ. You cannot enter into a contract with the consumer via the web interface.
- These Terms and Conditions and the Purchase Agreement are concluded in Czech or English.
Information about goods and prices
- Information on the goods, including the indication of the prices of the individual goods and itsmain characteristics, is given for the individual goods in the catalogue of the online store. The prices of the goods shall be indicated, including value added tax, all related charges and return costs, if the goods cannot by their very nature be returned by the usual postal route. Prices of goods remain in force for the period during which they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed terms.
- All presentations of goods placed in the catalogue of the online store are informative and the seller is not obliged to conclude a purchase contract in respect of these goods.
- Price for shipping and packing of goods is EUR 25. In case of order over EUR 50 for shipping and handling does not charge.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
Order and conclusion of the purchase contract
- The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, costs of telephone calls) are borne by the buyer himself. These costs do not differ from the basic rate.
- The buyer makes an order for the goods in the following ways:
- through hisaccount, if he had previously registered in an online store,
- by filling in the order form without registration.
- When placing an order, the buyer selects the item, the number of pieces of goods, the method of payment and delivery.
- Before submitting the order, the buyer is allowed to check and change the data he has entered into the order. The buyer will send the order to the seller by clicking the Order button. The information given in the order is considered correct by the seller. A condition of the validity of the order is to fill in all the mandatory information in the order form and confirm the buyer that he has become acquainted with these terms and conditions.
- Immediately afterreceivingthe order forthe bouts, the seller will confirm receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The seller's current terms and conditions are annexed to the confirmation. The purchase contract is concluded only after receipt and confirmation of the order by the seller. Notice of receipt and confirmation of the order is delivered to the buyer's e-mail address.
- In the event that any of the requirements specified in the order cannot be fulfilled by the seller, the Seller will send an amended offer to the buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer's confirmation of receipt of this offer to the seller at his e-mail address specified in these Terms and Conditions.
- All orders confirmed by the Seller are binding. The Buyer may cancel the order until the buyer has received a notice of receipt and confirmation of the order by the Seller. The Buyer may cancel the order by phone to the telephone number or email of the seller specified in these Terms and Conditions.
- In the event that there was a manifest technical error on the part of the seller when stating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver to the buyer the goods at this manifestly incorrect price even if the buyer has been sent an automatic confirmation of receipt of the order according to these terms and conditions. The Seller informs the Buyer of the error without undue delay and sends the modified offer to the buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by the confirmation of receipt by the buyer to the seller's e-mail address.
- Based on the buyer's registration made in the online store, the buyer can access his/her customer account. From their customer account, the buyer can order the goods. The buyer can also order the goods without registration.
- When registering in a customer account and ordering goods, the buyer is obliged to provide all the data correctly and truthfully. The buyer is obliged to update the data provided in the user account in any time of any change. The information provided by the buyer in the customer account and when ordering the goods is considered correct by the seller.
- Access to the customer account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, especially if the Buyer does not use his user account any longer, or if the buyer breaches his obligations under the purchase contract and these terms and conditions.
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of the seller's hardware and software equipment. necessary maintenance of third-party hardware and software equipment.
Payment terms and delivery of goods
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways:
- by cashless transfer to the seller's bank account Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods shall also be understood.
- In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
- In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account.
- The Seller does not require the Buyer to advance any advance or other similar payment. Payment of the purchase price before the goods are shipped is not an advance.
- According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, it is obliged to register the received sales with the tax administrator online, in the event of a technical failure not later than 48 hours
- The goods are delivered to the buyer:
- to the address specified by the buyer of the order
- personal collection at the seller's premises
- The choice of delivery method is made during the ordering of the goods.
- The cost of delivery of the goods depending on the method of dispatch and receipt of the goods is stated in the buyer's order and in the confirmation of the order by the seller. In the event that the mode of transport is contracted on the basis of a specific request from the buyer, the buyer shall bear the risk and any additional costs associated with this mode of transport.
- If the seller is obliged according to the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods on delivery. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another means of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, notify the carrier immediately. In the event of a finding of a violation of the packaging indicating unauthorised intrusion into the consignment, the buyer does not have to take the consignment from the carrier.
- The seller issues a tax document – an invoice to the buyer. daňový doklad – fakturu. The tax document is attached to the delivered goods.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the cost of delivery, but first by taking over the goods. The responsibility for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when he had theobligation to take over thegoods, but did not do so in violation of the purchase contract.
- Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In this case, the Seller shall refund to the Buyer the purchase price already paid by the Buyer to the account communicated to him for this purpose by the buyer or the account from which the funds were charged to pay the purchase price (if the buyer none within 5 days of withdrawal seller).
- Furthermore, the Seller is entitled to withdraw from the contract if the buyer is in default of payment of the purchase price of the goods for more than 4 weeks. At the same time, in this case, the seller is entitled to a contractual penalty of 50% of the price of the goods.
- The Buyer is entitled to withdraw from the contract if the seller is in default of delivery of the goods more than 4 weeks from the agreed delivery date.
- The Buyer is not entitled to withdraw from the contract regarding goods that have been delivered properly, on time and without defects.
- Withdrawal from the contract must be made in writing and in the case of contracts negotiated electronically. Withdrawal from the contract shall be effective by the service of the notice of withdrawal to the other party.
Liability for Defects
- The seller corresponds to the buyer that the goods do not have defects upon receipt. In particular, the seller corresponds to the buyer that at the time when the buyer took over the goods:
- the goods have characteristics which the parties have negotiated and, in the absence of an arrangement, have such characteristics as described by the seller or the manufacturer or which the buyer expected, taking into account the nature of the goods and the advertising carried out by them,
- the goods correspond to the quality or execution of the agreed sample or draft if the quality or execution has been determined according to the agreed sample or template,
- the goods are in the appropriate quantity, measure or weight;
- the goods comply with the requirements of the legislation.
- If the defect occurs within six months of receipt of the goods by the buyer, it is considered that the goods were defective already at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in the case of consumer goods within twelve months of receipt. This determinationshall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by its normal use, to the goods used to defect corresponding to the degree of use or wear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller and request:
- exchange for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdraw from the contract.
- The Buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if it cannot properly use the matter for repeated occurrence of defects or defects after repair,
- in the way of a greater number of defects in the goods.
- The seller is obliged to accept a complaint in any establishment in which acceptance of the complaint is possible, possibly also at the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer of the time when the buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the execution of the complaint and the duration of the complaint or, where appropriate, the written justification for the rejection of the claim.
- The seller or the worker authorized by him decides on the complaint without undue delay, in complex cases within thirty working days. This period shall not include a period appropriate to the type of product or service required for the expert assessment of the defect. Complaints including the removal of the defect must be settled without delay, no later than 30 days from the date of the claim, unless the seller agrees with the buyer for a longer period. The futile expiry of this period is considered to be a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the buyer's will (exercise of the right from the defective performance) to the Seller occurs.
- The Seller shall inform the Buyer in writing of the result of the complaint.
- The right of defective performance does not belong to the buyer if the buyer knew before taking the matter that the item had a defect, or if the buyer caused the defect himself.
- The Contracting Parties may deliver all written correspondence to each other by e-mail.
- The Buyer delivers correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller delivers correspondence to the buyer to the email address specified in his customer account or order.
- All arrangements between the seller and the buyer with the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legislation.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 Article 1 (e) of the Civil Code.
- All rights in seller's website, including but not limited to the copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the Website or part thereof without the seller's consent.
- The Seller shall not be liable for errors resulting from interference by third parties in the online store or as a result of its use in violation of its destination. When using an online store, the Buyer shall not use procedures which could have a negative effect on its operation and shall not engage in any activity which could allow him or third parties to interfere unduly or misuse the software or other components forming an online shop and using the online shop or parts or software equipment in such a way as to be contrary to its destination or purpose.
- The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
- The seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arose during the period of the former terms and conditions.
- If a provision of the Terms and Conditions is invalid or ineffective or inapplicable, or becomes so, instead of invalid provisions, a provision shall be made to bring the invalid provision as close as possible to the invalid provision. The invalidity or ineffectiveness or ineffectiveness of one provision shall be without prejudice to the validity of the other provisions. Changes and additions to the contract or terms and conditions require written form.
These Terms and Conditions shall take effect on 23 March 2020