Entering into a purchase agreement
- Entering into a purchase agreement
- Terms of delivery
- Terms of payment
- Liability for defective goods (returns and refunds policy)
1. General provisions
1.1 All mutual property relations arising out of this purchase agreement entered into between the Vendor and the Purchaser, including the violation thereof, will be subject to the statutory provisions of the Czech Republic, particularly the Commercial Code (Act No. 513/1991 Coll., as amended), and the settlement of any disputes arising from such relations is the jurisdiction of the courts of the Czech Republic.
1.2 In the event that legal action is taken by either of the contractual parties to recover receivables accruing as part of this purchase agreement, or violation thereof, if jurisdiction is granted to the district court, the locally competent court of first degree will be the District Court in Klatovy. If jurisdiction is granted to the regional court, then this court will be the Plzen Regional Court.
1.3 Pursuant to § 401 of the Commercial Code, the Purchaser declares that it will prolong the period of limitation for all receivables owed to the Vendor arising out of this agreement (including receivables owed as a result of violating this agreement), and to do so for a period of ten years from that time when the period of limitation first started.
1.4 The purchase agreement may be amended or supplemented only on the basis of a written agreement made by both parties, unless stipulated otherwise by these General Terms of Trade.
2. Subject of the purchase agreement
2.1 The subject of the purchase agreement is the goods stated in the purchase order for goods, in the quantities stated therein. The subject of the purchase agreement may only include goods offered by the Vendor for sale.
2.2 Information on goods given on the website, in catalogues, prospectuses and other printed materials from the Vendor (e.g. dimensions, materials, accessories, composition, etc.) is purely informative in character, and for this reason delivered goods may diverge slightly from such information as presented (this does not concern defective goods).
2.3 Ordered goods will be delivered to the Purchaser in the quality and workmanship suitable for the purpose for which such goods are intended, and in accordance with the specifications or characteristics customary for the given type of goods, which are compatible with the relevant standards, regulations and provisions valid for the Czech Republic.
2.4 Goods will be packed or secured for transit in the manner necessary to preserve and protect them.
3. Ordering goods
3.1 The Purchaser orders goods from the Vendor using the Purchase Order form. The Purchaser is obliged to fill in the form with all prerequisites and required information.
3.2 Every purchase order for goods sent to the Vendor by means of the order form is binding upon the Purchaser and is regarded as being a draft purchase agreement.
3.3 A purchase agreement is entered into the moment at which the Vendor informs the Purchaser, in writing, by fax or by e-mail, that it accepts the purchase order. Any other type of communication on the part of the Vendor will not be regarded as accepting the purchase order.
3.4 Depending upon the nature of the order – the quantity of goods, price, forwarding costs, distances, etc., the Vendor is entitled to ask the Purchaser to authorise the purchase order in some suitable manner (e.g. in writing, or by phone) or to request payment from the Purchaser of the purchase price, or part thereof, in advance. In such a case, the purchase agreement is not entered into until that moment when the terms requested by the Vendor have been properly and promptly complied with.
4. Purchase price
4.1 The Purchaser is obliged to pay the purchase price for goods, the amount of which is set according to the type of goods ordered on the Vendor’s internet pages, and which is valid from the moment the purchase order is received by the Vendor. The Vendor reserves the right to change the stated price in the event of any exchange rate changes, marked inflation, or for significant changes in the terms of delivery from the manufacturers and other suppliers of goods. If the purchase price that is valid on the date the Vendor receives the purchase order is higher than the purchase price on the date the order was sent to the Vendor, then the Vendor is obliged to inform the Purchaser regarding the matter. If the Purchaser does not communicate to the Vendor its objection to the new price within three days of being notified, then it is obliged to pay the purchase price valid on the date the Vendor received the purchase order.
4.2 The purchase price is regarded as having been paid the moment it has registered on the account of the Vendor or by paying the entire sum in cash to the Vendor.
4.3 The Vendor will also send the Purchaser an invoice (tax document) and delivery note together with the goods.
4.4 Together with the purchase price for the goods, the Purchaser is obliged to pay the Vendor forwarding costs to the place determined by the Purchaser; in the case of cash on delivery, the fee for COD charged by the forwarder (by Czech Post or some other forwarding agent) and VAT.
4.5 Terms of payment are given in the document entitled Terms of Payment.
This document is valid as of 1.1.2008.