GENERAL TERMS OF TRADE
BEDNAR FMT s.r.o., based in Lohenická 607, 190 17 Prague 9-Vinoř, Company Identification No.: 250 98 781, Tax Identification No.: CZ25098781, incorporated in the Commercial Register managed by the Municipal Court in Prague, Section C, File 49530 (hereinafter “the Seller”), hereby publishes these General Terms of Trade for the purchase and sale in their e-shop (hereinafter “the Trade Terms”):
- The Trade Terms are prepared in compliance with the provisions of Act No. 89/2012 Coll., the Civil Code, as amended by later regulations (hereinafter the “CC”), and Act No. 634/1992 Coll., On Consumer Protection, as amended by later regulations (hereinafter “the Act”), and other effective legal regulations.
- The Trade Terms apply to the purchase in the e-shop of the Seller, available at the address of: https://shop.bednar-machinery.com/, and they define and specify the rights and liabilities of the Seller and their customers (hereinafter “the Buyer”).
- The Buyer, who can be an entrepreneur or a consumer, shall get to know the Trade Terms and the Complaints Procedure of the Seller’s e-shop.
- An entrepreneur is a person who independently and at his or her own account performs a gainful activity, as a trade or in another manner, with the intention to do so systematically for the purpose of achieving profit.
- A consumer is any person who concludes a contract with an entrepreneur or deals with an entrepreneur in any other way beyond the framework of his or her economic activity, or beyond the framework of the performance of his or her job.
- The provisions of the Trade Terms represent an integral part of the purchase contract. Any differing provisions in the purchase contract shall take precedence over the provisions of the Trade Terms.
- The Trade Terms are executed in Czech and English.
Order and Conclusion of a Purchase Contract
- The placement of the offered goods on the e-shop by the Seller is considered to be a proposal to conclude a purchase contract (offer). The contractual relationship between the Seller and the Buyer is established by the delivery of the order confirmation (acceptance) that the Seller sends to the Buyer electronically to the Buyer’s e-mail address. The concluded contract may only be changed or cancelled by agreement of the Parties or for legal reasons. Among other things, the Seller reserves the right to cancel the order or its part prior to the conclusion of the purchase contract in the following cases: the goods are no longer manufactured or delivered, or the price of the supplier of the goods has changed substantially. If the Buyer has already paid a part of the purchase price or the total purchase price, the amount paid will be returned to the Buyer.
- The Buyer places an order of the goods in the following way:
- Via the Buyer’s customer account provided that the Buyer has registered in the e-shop
- By completing an order form without registration
- When placing the order, the Buyer selects the goods, the quantity, the method of payment and the method of delivery.
- Prior to placing the order, the Buyer can check and change the data entered in the order. The Buyer sends the order to the Seller by clicking “to order”. The Seller considers the information provided in the order to be correct. The order is considered valid when all the required information has been entered in the order form and the Buyer confirmed that they have acquainted themselves with the Trade Terms.
- If the Seller cannot fulfil any of the requirements stated in the order, the Seller shall send a revised offer to the Buyer’s e-mail address. The revised offer is considered a new proposal of the purchase contract and such purchase contract is then concluded by the Buyer’s confirmation of the acceptance of the offer at the Seller’s e-mail address stated below in the Trade Terms.
- All the orders accepted by the Seller are binding. The Buyer may cancel the order when the Buyer does not receive a notification of the order acceptance from the Seller. The Buyer may cancel the order by calling the specified phone number or by e-mailing the Seller to an address provided in the Trade Terms.
- If there has been an obvious technical error on the part of the Seller concerning the price of the goods in the e-shop or while ordering, the Seller is not obliged to deliver the goods to the Buyer at the obviously erroneous price, even when the Buyer received an automatic confirmation of the order. The Seller shall inform the Buyer of the error without undue delay and send the revised offer to the Buyer’s e-mail address. The revised offer is considered a new proposal of the purchase contract and such purchase contract is then concluded by the Buyer’s confirmation of the acceptance of the offer at the Seller’s e-mail address.
- The Buyer shall cover the costs incurred when using remote communication means in relation to the conclusion of the purchase contract (costs of internet connection, costs of phone services). These costs do not differ from the basic rate.
Information on the Goods and Prices
- The information on the goods, including the prices of the individual articles and their main properties, is stated for each article in the e-shop catalogue. The prices of the goods are stated both with and without VAT, with all the related fees and costs of returning the goods when the goods cannot be returned in the usual postal way due to its substance.
- All the presentation of the goods in the e-shop catalogue is for information only and the Seller is not required to conclude a purchase contract concerning such goods.
- The e-shop provides information on the costs of packaging (packaging is free of charge) and delivery of the goods.
- It is not possible to combine any discounts of the purchase price of the goods, unless the Seller and the Buyer agree otherwise.
- On the basis of the Buyer’s registration in the e-shop, the Buyer may access their customer account. The Buyer may use the customer account to order goods. The Buyer may also order goods without registration.
- The Buyer shall enter all the information for customer account registration and for ordering goods correctly and truly. The Buyer shall update the information entered in the customer account in case of any changes. The Seller considers the information provided by the Buyer in the customer account and when ordering goods to be correct.
- The access to the customer account is secured with a user name and a password. The Buyer shall maintain confidentiality in terms of the information required to access the Buyer’s customer account. The Seller is not liable for any potential misuse of the customer account by third parties.
- The Buyer is not entitled to let third parties use the Buyer’s customer account.
- The Seller may close a customer account when the Buyer no longer uses their account or when the Buyer breaches their liabilities under the purchase contract and under the Trade Terms.
- The Buyer acknowledges that the user account does not have to be accessible at all times, especially with regard to any required Seller’s hardware and software maintenance, or third-party hardware and software maintenance
Terms of Payment and Delivery of the Goods
- The Buyer shall pay the price of the goods and any other costs related to the delivery of the goods under the purchase contract by methods specified in the e-shop.
- Together with the purchase price, the Buyer shall pay the agreed costs of the Seller related to packaging and delivering the goods. Unless expressly stated otherwise, the purchase price also includes the costs related to the delivery of the goods.
- The Buyer pays via a payment gateway, the Buyer shall proceed according to the instructions of the corresponding electronic payment provider.
- The Seller does not require any advance payments or similar payments from the Buyer. The payment of the purchase price prior to the dispatch of the goods is not an advance payment.
- In compliance with the Act on the Electronic Registration of Sales, the Seller shall issue a receipt for the Buyer. At the same time, the Seller shall register the received sale on-line with the revenue administration, no later than within 48 hours in case of a technical failure.
- The goods are delivered to the address specified by the Buyer in the order. The Buyer chooses the method of delivery when ordering the goods.
- The delivery costs in relation to the method of dispatch and acceptance of the goods are specified in the Buyer’s order and in the Seller’s order confirmation. If the method of transport is arranged on the basis of a special request of the Buyer, the Buyer shall bear the risk and any potential additional costs related to such a method of transport.
- If the Seller is required to deliver the goods to a place designated by the Buyer in the order, under the purchase contract, the Buyer shall accept the goods on delivery. If the goods have to be delivered repeatedly or by a method different than specified in the order for reasons on the part of the Buyer, the Buyer shall pay for the costs related to the repeated delivery of the goods, or costs related to the other method of delivery.
- The Buyer shall check the intactness of the goods packaging on acceptance of the goods from the carrier and immediately inform the carrier of any defects. The Buyer is not required to accept the consignment from the carrier when the packaging is damaged and indicative of unauthorized infringement.
- The Seller shall issue a tax document – an invoice for the Buyer. The tax document is sent to the Buyer’s e-mail address.
- The Buyer acquires the right of ownership to the goods by paying the total purchase price of the goods, including the delivery costs. The liability for accidental destruction, damage or loss of the goods is transferred to the Buyer at the moment of acceptance of the goods, or at the moment when the Buyer was obligated to accept the goods but failed to do so in conflict with the purchase price.
Withdrawal from the Contract
- The Buyer who has concluded a purchase contract outside their economic activity as a consumer via the Seller’s e-shop has the right to withdraw from the purchase contract in writing without giving a reasons.
- The deadline for the withdrawal from the contract is 14 days
- after the acceptance of the goods
- after the acceptance of the last delivery of the goods, if the subject matter of the contract is several types of goods, or delivery of several parts
- after the acceptance of the first delivery of the goods, if the subject matter of the contract is a regular and recurring delivery of the goods
- The Buyer cannot withdraw from a purchase contract:
- on the provision of services if they were fulfilled with the Buyer’s prior express consent before the lapse of the deadline for the withdrawal from the contract and the Seller informed the Buyer prior to the conclusion of the contract that the Buyer is not entitled to withdraw from the contract in such case
- on the delivery of goods or services, the price of which depends on the fluctuations of the financial market independent of the Seller’s will and which can occur during the deadline for the withdrawal from the contract
- on the delivery of alcoholic beverages that can be delivered after thirty days and the price of which depends on the fluctuations of the financial market independent of the Seller’s will
- on the delivery of the goods that have been modified according to the Buyer’s wishes or for the Buyer
- on the delivery of goods that go off quickly, as well as goods that have been irreversibly mixed with other goods after delivery
- on the delivery of goods in sealed packaging that the Buyer opened and the goods cannot be returned for hygiene reasons
- on the delivery of an audio or visual recording or a computer program when the original packaging has been opened
- on the delivery of newspapers, periodicals or magazines
- on the delivery of digital content, unless delivered on a physical carrier and with prior express consent of the Buyer before the lapse of the deadline for the withdrawal from the contract, provided that the Seller informed the Buyer prior to the conclusion of the purchase contract that the Buyer is not entitled to withdraw from the contract in such case
- in other cases stipulated in Section 1837 of CC
- To meet the deadline for the withdrawal from the contract, the Buyer shall send a statement of the withdrawal within the deadline for the withdrawal from the contract.
- To withdraw from the purchase contract, the Buyer may use the sample form to withdraw from the contract, provided by the Seller. The Buyer shall send the withdrawal from the purchase contract to the Seller’s e-mail or postal address stated in the Trade Terms. The Seller shall immediately confirm the acceptance of the form to the Buyer.
- The Buyer who has withdrawn from the contract shall return the goods to the Seller without undue delay, however, no later than 14 days after the withdrawal from the purchase contract. The Buyer is liable for any costs related to the return of the goods to the Seller, even when the goods cannot be returned by the usual postal method due to its character.
- If the Buyer withdraws from the contract, the Seller shall return all the financial means, including the costs of delivery, received from the Buyer based on the contract, in the same manner, without undue delay, however, no later than 14 days after the withdrawal from the contract. The Seller shall return the received financial means to the Buyer by a different method only when the Buyer agrees with that and when the Buyer does not incur any other costs.
- If the Buyer chose other than the cheapest method of delivery of the goods that the Seller offers, the Seller shall refund the delivery costs in the amount corresponding with the cheapest offered method of goods delivery to the Buyer.
- If the Buyer withdraws from the purchase contract, the Seller is not obligated to return the received financial means to the Buyer before the Buyer returns the goods to the Seller or proves that the goods have been sent to the Seller.
- The Buyer shall return the goods to the Seller without any damage, wear and contamination, and in the original packaging, if possible. The Seller is entitled to one-sidedly set off the title to the compensation of damages incurred by wear, damage and so on against the Buyer’s claim to the compensation of the purchase price.
- If the Buyer also received a gift with the goods, then the Buyer is required to return the gift in the original condition to the Seller when withdrawing from the purchase contract concerning the goods (under Art. VI of the Trade Terms).
- The Seller is entitled to withdraw from the purchase contract due to sold out stock, unavailability of the goods, or when the Manufacturer, Importer or Supplier suspends the production or import of the goods. The Seller shall inform the Buyer without undue delay at the Buyer’s e-mail address stated in the order and refund all the financial means, including the delivery costs, received from the Buyer on the basis of the contract, in the same way or in a way specified by the Buyer, within 14 days after the notification of the withdrawal from the purchase contract.
Rights Arising from Defective Fulfilment
- The Seller is liable for handing over the Goods to the Buyer free from any defects. Specifically, the Seller is liable for the following at the time the Buyer accepts the Goods:
- The goods have the properties that the Parties have agreed upon and if such provisions are missing, the Goods have such properties that the Seller or the Manufacturer has described or that the Buyer expects with regard to the character of the Goods and the performed advertising
- The goods are fit for the purpose that the Seller states for its use or that the goods of this kind are usually used for
- The goods correspond with the quality or the version of the agreed sample or the template if the quality or the version are determined according to an agreed sample or template
- The goods are in the corresponding quantity, amount or weight
- The goods comply with the requirements of the legal regulations
- If the defect is manifested within six months from the acceptance of the goods by the Buyer-Consumer, the goods are considered to have been defective on acceptance.
- The Buyer-Consumer is entitled to exercise the right arising from a defect that is manifested in the goods within the period of 24 months after acceptance. This provision shall not apply to the Goods sold at a lower price with a defect, due to which the goods were sold for the lower price, to wear of the goods caused by its regular use, to a defect corresponding to the level of use or wear in used goods that the goods had at the time of the acceptance by the Buyer, or if it arises from the character of the goods.
- If the goods do not have the aforesaid properties, the Buyer may also request a delivery of new goods, free from defects, unless it is not reasonable in terms of the character of the defect, but if the defect only concerns a part of the goods, the Buyer may only request replacement of the part; if not possible, the Buyer can withdraw from the contract. However, if it is not reasonable in terms of the character of the defect, especially when the defect can be eliminated without unreasonable delay, the Buyer is entitled to a free elimination of the defect. The Buyer has the right for a delivery of new goods, or a part replacement also in case of a removable defect if the Buyer cannot use the goods properly due to a recurring occurrence of the defect after the repair, or due to a large number of defects. In this case, the Buyer is also entitled to withdraw from the contract.
- The Buyer may request a reasonable discount if they choose not to withdraw from the contract or not to exercise their right for a delivery of new Goods free from defects, a part replacement or a repair. The Buyer is entitled to a reasonable discount also in case the Seller cannot deliver new Goods without defect, replace or repair a part, and also in case the Seller fails to provide remedy in a reasonable time, or if the remedy would cause considerable difficulties to the Buyer-Consumer. The Seller shall accept the complaint in any premises where it is possible to accept complaints, or in the place of business. The Seller shall provide the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of complaint settlement the Buyer demands, as well as a confirmation of the date and method of complaint settlement, including a confirmation of the performance of a repair and its duration, or a written justification of refusal to accept the complaint.
- The Buyer is not entitled to exercise the right from defective fulfilment when the Buyer knew of the defect prior to acceptance, of when the Buyer caused the defect.
- The rights and liabilities of the Parties regarding the rights from defective fulfilment are governed by Sections 1914 to 1925, 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and by Act No. 634/1992 Coll., On Consumer Protection.
- Unless a longer period is specified for the individual Goods, the Buyer-Consumer is entitled to exercise the right from the defect that occurs in the consumer Goods as follows:
- 24 months after acceptance for new goods
- 12 months after acceptance for used goods in compliance with Section 2168 of CC
If the defect manifests during 6 months after acceptance, the Goods are considered to have been defective on acceptance.
- Unless stated otherwise for the individual Goods, the Seller provides the following quality warranty to the entity purchasing within their business activity:
- 12 months after acceptance for new goods
- 6 months after acceptance for the used goods
- The warranty period starts when the Buyer accepts the Goods. The warranty period is extended by the time period during which the Goods were being repaired. In case of replacement of the Goods, the original warranty period continues within the warranty repair.
Filing and Settlement of the Complaint
- The Seller accepts complains at their place of business, which is at Lohenická 607, Prague 9 – Vinoř, 190 17. The Seller shall provide the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of complaint settlement the Buyer demands, as well as a confirmation of the date and method of complaint settlement, including a confirmation of the performance of a repair and its duration, or a written justification of refusal to accept the complaint.
- The Seller or the Seller’s authorized employee make a decision on the complaint immediately, or in three business days in complicated cases. This deadline does not include the time reasonably required for a professional assessment of the defect according to the type of the product or service. The complaint, including removal of a defect, shall be settled without undue delay, no later than 30 days after the complaint was filed, unless the Seller and the Buyer agree on a longer period of time. The 30day limit is not binding towards the Buyer-Entrepreneur. A vain lapse of this deadline is considered a substantial breach of the contract and the Buyer-Consumer is then entitled to withdraw from the purchase contract. The complaint is considered to be exercised at the moment when the Buyer expresses their will (to exercise the right from defective fulfilment) to the Seller.
- The Seller informs the Buyer by e-mail of the result of the complaint settlement at an address provided by the Buyer when filing the complaint or stated in the customer account, or in the order.
- In case of a legitimate complaint, the Buyer is entitled to compensation of any purposefully spent costs incurred in relation to filing the complaint. The Buyer may exercise this right with the Seller within one month after the lapse of the warranty period.
- More details about the complaints are provided in the Seller’s Complaints Procedure.
- The Parties can deliver all written correspondence to one another electronically.
- The Buyer delivers correspondence to the Seller at the e-mail address specified in the Trade Terms. The Seller delivers correspondence to the Buyer at the e-mail address specified in the Buyer’s customer account or in the order.
Alternative Dispute Resolution
- The alternative resolution of consumer disputes arising from a purchase contract is provided by the competent Czech Retail Inspection, based in Štěpánská 567/15, 120 00 Prague 2, Company Identification Number: 000 20 869, website: https://adr.coi.cz/cs. The Seller and the Buyer may use the on-line platform for dispute resolution at http://ec.europa.eu/consumers/odr for resolving disputes arising from the purchase contract.
- The European Consumer Centre in the Czech Republic, based in Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point under the Directive of the European Parliament and the Council (EU) No. 524/2013 of 21 May 2013 for resolving on-line consumer disputes and on changes of Directive (EC) No. 2006/2004 and Directive 2009/22/EC (Directive on Injunctions of the Protection of Consumers’ Interests).
- The Seller is entitled to sell the goods on the basis of a trade licence. The trade inspection is performed by a competent trades licencing office within their sphere of authority. The Czech Retail Inspection also supervises the observance of Act No. 634/1992 Coll., On Consumer Protection, to a limited extent.
- All the provisions between the Seller and the Buyer are governed by the law of the Czech Republic. If the relationship established by a purchase contract contains an international element, then the Parties hereby agree that the relationship shall be governed by the law of the Czech Republic; the application of the UN Convention on Contracts for the International Sale of Goods (1980 Vienna Convention) is excluded. That does not affect the rights of the consumer arising from generally binding legal regulations.
- The Seller is not bound by any codes of conduct in relation to the Buyer, in terms of the provisions of Section 1826, Art. 1, Letter e) of CC.
- All the rights to the website of the Seller, especially copyright to the content, including the layout of the page, photos, films, graphic art, registered trademarks, logo and other content and elements pertain to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the Seller’s consent.
- The Seller does not bear any liability for errors occurred as a result of third-party interference in the e-shop or due to its use in conflict with its purpose. The Buyer shall not use any procedures while using the e-shop that could have a negative effect on its operation, and the Buyer shall not perform any activity that could allow the Buyer or third parties to unlawfully interfere or unlawfully use the software or other parts of the e-shop and use the e-shop or its parts or software in a way that would be in conflict with its designation or purpose.
- The Seller reserves the right to change the wording of the Trade Terms. This provision does not affect the rights and liabilities incurred after the period of validity of the previous wording of the Trade Terms.
- The Seller archives the purchase contract, including the Trade Terms, in an electronic form and it is not accessible. The purchase contract can be concluded in Czech and in English.
Seller’s contact information:
BEDNAR FMT s.r.o.
Place of business: Lohenická 607, Prague 9-Vinoř, 190 17, Czech Republic
Company Identification No.: 250 98 781
E-mail: [email protected]
The Trade Terms become effective on 1 September 2019.