INFORMATION - TRADING CONDITIONS
These Business Terms regulate the mutual rights and duties of the Seller and he Buyer originating on the basis of or in relation to conclusion of a sales contract between the Seller and the Buyer on the e-shop at shop.vinekon.cz (hereinafter the “shop”), which is operated by Vinekon s.r.o., with registered office at Husova 634, 261 01 Pøíbram, Registration Number: 265 01 384.
These General Business Terms (hereinafter the “Terms”) set out the rights and duties of the Seller and the Buyer and are an integral element of the sales contract, whereas by actually concluding the sales contract the Buyer expresses its agreement with these Business Terms.
The Buyer is considered to be a legal or natural person concluding the sales contract in relation to its own sales, manufacturing or other similar activities or during independent execution of its own profession, possibly a person acting in the name or to the account of an entrepreneur and purchasing products for the purpose of carrying out business with these products.
Conclusion of a sales contract
The Buyer orders goods through the e-shop at shop.vinekon.cz and the sales contract is thereby concluded by remote communication, with which the Buyer agrees.
The sales contract is concluded at the time of confirmation of the Buyer’s order by the Seller, by means of a confirmation e-mail sent to the Buyer’s e-mail address. The order is a proposal for conclusion of a contract. The sales contract is concluded in Czech. The Buyer is required to provide the Seller with registration data, including its name, surname, possibly corporate name, registered address, registration number and information about the delivery address, for the purpose of conclusion of a contract.
Before confirmation of the order the Buyer is required to check all the data given in the order and to possibly modify this information if necessary.
Sales price and payments terms
The sales price of goods is determined by the Seller’s price list and is simultaneously given by the relevant goods on the e-shop’s website. The prices are wholesale prices and do not include carriage of the goods, handling fees, taxes, duties, import fees and/or fees for customs mediation activities, and may be modified or changed without prior notification.
In the event of price discounts, the offer applies until cancelled or while stocks last.
The Buyer pays the sales price either by bank transfer to the Seller’s bank account number 223366800/0300 or on delivery. The price of transportation in the value of CZK 148.00 plus VAT will be added to the price of goods, the Buyer covers the price of transportation.
The Buyer makes the bank transfer to the bank account on the basis of an invoice – tax document sent to it by e-mail, which is due payable within 14 days. The sales price is considered paid at the time the amount is credited to the Seller’s bank account. In such cases invoices will be delivered to the Buyer electronically.
Payment on delivery means that the Buyer pays the sales price of goods at the time they are taken receipt of from the forwarding company, whereas the sales price is paid to the forwarding company’s employee, together with the payment on collection fee, which is CZK 51.00 plus VAT. In this case the moment of payment of the sales price is considered to the be the moment the sales price is paid to the forwarding company’s employee.
In the event of delay in payment of the sales price during payment by bank transfer, the Seller is entitled to immediately demand interest on late payment from the Buyer.
In the event that the Buyer delays in payment of any obligation towards the Seller and subsequently orders additional goods from the Seller, the Seller is entitled to accept this order only after the Byer pays off all its obligations towards the Seller, payment of which he has delayed.
Delivery of the goods
The Seller sends the Buyer all the goods in compliance with its order on the following working day after receipt of the order, if this concerns goods that are in stock. Information that the goods are in stock is explicitly given by these goods.
If the goods are not in stock, the Seller will send these goods to the Buyer on the following working day after they are stocked and will be delivered to the Buyer within the deadline specified in the order confirmation.
Goods are transported using a forwarding company and the price of transportation is determined as CZK 148.00 excluding VAT.
Goods will be delivered in compliance with INCOTERMS 2015 as amended – “Ex Works“.
The Buyer is required to take receipt of the goods from the forwarding company and pay the purchase price.
If the parcel is visibly damaged or destroyed during delivery by the forwarding company’s employee, the Seller recommends that the Buyer execute a record of damages with the forwarding company’s employee. The Buyer is required to examine the goods within 48 hours at the latest and notify the Seller of potential defects.
Documents to the goods, particularly the tax document, possibly additional confirmation and certificates, will be provided to the Buyer by the Seller immediately after the goods are taken receipt of.
If the Buyer delays in taking receipt of the goods or refuses to take receipt of the goods, the Seller is entitled to demand compensation of damages from the Buyer.
Cancellation of the order and withdrawal from the contract
The Buyer is entitled to cancel the order until the time the goods are packaged, by e-mail or by telephone. In such cases the Buyer will not be charged any cancellation fees. The order cannot be cancelled after the goods have been packaged.
In the event of cancellation of an order for goods, which the Seller had to specially order or modify for the Buyer, within the time limit specified above, the Seller is entitled to charge a cancellation fee of 70% of the sales price.
The Seller is entitled to withdraw from this contract in cases explicitly determined in other provisions of these terms and also in cases when:
- the Buyer repeatedly fails to cooperate during delivery of the goods,
- as a result of a force majeure, which complicates or prevents due performance,
- the Buyer becomes bankrupt within the meaning of Act No. 182/2006 upon Czech legislation.
The Buyer is entitled to withdraw from this Contract if:
- the Seller fails to deliver the ordered goods, even within a substitute time limit.
Withdrawal must always be made in writing and must be delivered to the other Contracting party. Withdrawal results in the contract being voided. The Seller undertakes to return the performance that has already been provided to the Buyer within 14 days from delivery of the notice of withdrawal.
If the Buyer withdraws from the Contract, it bears the costs related to retuning the goods to the Seller. In such cases the Seller is also required to refund any monetary performance it has received only when the Buyer returns the goods to the Seller or demonstrates that these have been sent back to the Buyer. In the event that the goods or their packaging are damaged or destroyed in any manner, the Seller is entitled demand compensation for the reduced value of the goods from the Buyer and the Seller is entitled to unilaterally off-set this amount against the Buyer’s claim for a price refund.
To make communication easier in the case of withdrawal, the Seller recommends that the date of purchase or number of the contract/sales document, the Buyer’s bank information and the chosen method of returning the goods be given in the notice of withdrawal.
Cancellation of the order and withdrawal from the contract
The Seller is liable to the Buyer for the goods being free of defects during receipt and that the goods are delivered in the arranged quantity, quality and design. The Buyer is required to examine the received goods within 48 hours. In the event that the goods are found to be defective, the Buyer is required to immediately inform the Seller of this.
If the Buyer fails to perform an examination within the time limit specified above, it loses any rights based on the defects, which could have been established by examination.
The forwarder is liable for any damages to the goods caused by the forwarder. The Buyer is required to claim such damages against the forwarder.
The Buyer has the following rights on the basis of defects:
The Buyer is particularly entitled to delivery of new goods that are free of defects.
If the defects only apply to part of the items, the Buyer may request replacement of this part. If this is not possible, the Buyer may withdraw from the Contract and demand a full refund of the purchase price. However, if this is disproportionate with regard to the nature of the defect, particularly if the defect can be removed without undue delay, the Buyer is entitled to free removal of the defect.
In cases when the Seller is unable to deliver new goods without defects to the Buyer, replace their parts or repair the goods, and also in cases when the Seller fails to remedy the situation within an appropriate period, or if the arranged remedy causes considerable difficulty to the consumer, the Buyer is entitled to an appropriate discount.
If the Buyer does not withdraw from the Contract or does not apply the right to delivery of new goods without defects, or replacement of part of the goods or their repairs, it is entitled to demand an appropriate discount from the purchase price.
Settlement of disputes
The Seller will preferentially attempt to reach an out-of-court settlement of disputes with the Buyer, unless the Buyer refuses this. The Buyer may contact the Czech Trade Inspection Authority for the purpose of achieving an out-of-court settlement of a dispute.
All disputes between the Seller and the Buyer, which are not settled out-of-court, will be judged by the general courts of law in compliance with the valid legal regulations
Seller’s contact information
Vinekon s.r.o., with registered office at Husova 634, 261 01 Pøíbram, registration number: 265 01 384, a company registered in the Commercial Register administered by the Municipal Court in Prague, Section C, File No. 86168. Bank account number 223366800/0300 administered by ÈSOB.
Telephone number: (+420) 318 543 030, (+420) 318 677 310
Protection of personal data
By signing this Contract, which these General Business Terms are appended to, the Buyer grants its consent to the processing of personal data given in the contract and provided within the terms of business contact, within the meaning of Act No. 101/2000, on protection of personal data and on amendments to some acts. Provision of this data is an expression of free will and is voluntary.
The Buyer also hereby grants its consent to have business messages sent to it in accordance to Act No. 480/2004 on some services of information companies. These business messages may be sent by SMS, MMS, e-mail or by telephone. Consent to the processing of personal data and the consent to having business messages sent can be cancelled at any time by sending an e-mail to the address: firstname.lastname@example.org. Consent can also be cancelled in writing, sent to the company’s registered address given below.
The Buyer also grants consent to provision of the Buyer’s personal data in compliance with Act No. 101/2000, on protection of personal data and on amendments to some acts and European Parliament and Council (EU) Regulation 2016/679 dated 27 April 2016 on protection of natural persons in compliance with the processing of personal data and on the free movement of this data and on cancellation of Regulation 95/46/EC, for the purpose of compiling and processing the Buyer’s personal data for the purpose of providing and offering the Seller’s services and products, for the Seller’s marketing business purposes and those of its partners (information about the Seller’s services and products and those of its partners, evaluation of the relevant data for this purpose) and for performance of actions related to the above, in the scope essential for performance of the purposes given above.
The Buyer also acknowledges that provision of its personal data is also essential for due performance of the Sales Contract.
All information about goods is provided to the Seller’s best knowledge.
The Buyer’s complaints and suggestions, which concern the contractual relationship concluded between the Seller and the Buyer, are settled by the Seller in compliance with the valid regulations, whereas the customer may submit complaints and suggestions by e-mail to the address email@example.com or by telephone by calling (+420) 318 543 030.
In the event of delivery of written papers between the Seller and the Buyer the correspondence addresses are considered to be the Seller’s registered office and the Buyer’s address given in the order
All other matters not specified above are governed by Act No. 89/2012, Civil Code and other legal regulations, as amended. The legal relations between the Seller and the Buyer are governed by Czech legislation.
These Business Terms are effective from 1 January 2019.