Shopping rules
- The order is considered binding.
- The basic rules of purchase are governed by the Civil Code and the Commercial Code of the Czech Republic.
- By ordering the goods, the customer respects these purchasing regulations and agrees with the delivery, payment and complaint conditions of the purchased goods.
- After receiving the order, the supplier confirms the order by e-mail or telephone.
- The goods are transported by the supplier within the Czech Republic.
- The prices quoted at the time of the order are final prices and are valid for any subsequent price adjustment.
- The supplier reserves the right to change prices of goods and assortment without prior notice.
Delivery terms and payments
Goods are delivered in the following ways:
- cash on delivery
- pickup and payment in person
- shipment by post or forwarding service after payment of the advance invoice, which you can print on our website
- post by post or forwarding service after payment by bank transfer
Each shipment will be accompanied by a tax document - we are VAT payers.
When delivering goods by Czech Post, we charge postage according to the Czech Post Price List. For shipments delivered by one of the supplier services, we only charge actual costs. We do not charge packaging. You can check the actual amount of the charge in your Shopping Cart by clicking the Shipping Price button. Selected goods from our offer have free shipping. This is stated in the description.
Shipping times
We usually process all orders within 3 working days, but no later than within 2 weeks, in the order in which they were delivered. If the goods are sold out due to high demand and the delivery time would exceed 2 weeks, we will inform you in time. When selecting prepay, advance, etc., the order is processed from the date the payment is credited. Of course, it is always possible to inquire in advance about the delivery date of a specific product.
Complaints Procedure
All goods are covered by the statutory warranty period unless otherwise stated. The warranty covers all obvious and hidden defects of the goods, which are incompatible with its functionality, utility and aesthetic properties. For goods, where necessary, the seller issues a warranty card, which the buyer receives at the same time as the goods. For other goods, the buyer proves the origin of the goods by invoice, receipt (delivery note). For these purposes, the buyer is obliged to keep this document and the packaging of the claimed goods for the warranty period. The buyer is obliged to inspect the goods without undue delay after its receipt. Acceptance means the handover of goods by the carrier (Czech Post, DPD, PPL, ...) to the customer. The Buyer is obliged to notify the Seller immediately after inspecting the delivered goods of any defects that he has found. If there is a difference in the quantity or type of goods with the information on the invoice or delivery note, it is necessary to report to the seller immediately after receipt. The Buyer must notify the Seller of any defects found in writing at the Seller's address. In the notification, the buyer must state the detected defects (characteristics as they appear) and must state the claim that the defect claims. The Buyer may claim the following claims due to defective goods: delivery of the missing goods, reasonable discount on the purchase price, withdrawal from the contract. The right to claim under warranty expires in the event of breach of the protective stickers or seals, improper installation, operation or handling, use of the product in conditions that do not correspond to the conditions specified in the operating instructions. In all cases, it is necessary to submit an invoice (delivery note), proof of payment and delivery of the goods and the claimed goods themselves. In the event of a claim for defects of goods for which the seller has received a warranty from the manufacturer, defects must be claimed no later than the end of the warranty period. The seller is obliged to settle the claim within the statutory period of 30 days. The statutory period starts to run on the day the complaint is delivered to the seller. The cost of sending (transport) the claimed goods is borne by the customer.
Terms and Conditions
I. Introductory provisions
These delivery terms and conditions (hereinafter referred to as the "Terms") are terms and conditions within the meaning of Section 1751 of Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 90/2012 Coll. Commercial Code as amended. Unless otherwise stipulated in the contract, these terms and conditions shall be governed by the legal relationship established between the ordering party (hereinafter referred to as the “ordering party”) and the supplier of the goods (hereinafter referred to as “Pavel Procházka - MARCOMPLET.” Or “supplier”). , what specific contract type is concluded between them. The specification of the delivered goods (hereinafter referred to as the “delivery”) is defined by the contract, either in the form of a bilateral written agreement between the parties expressly designated as the contract or in the form of a written order and its written confirmation as consistent expressions of will. The Client is obliged to familiarize themselves with these terms and conditions before sending the order. By sending the order confirms acceptance of these terms and conditions.
II. Prices, payment terms
The price is negotiated by agreement and does not include value added tax (hereinafter referred to as “VAT”), which will be added to it according to the relevant legal regulations. The price does not include any shipping, postage, packing, etc.
The Client is obliged to pay the price to the Supplier on the basis of an invoice issued by the Supplier - a tax document sent to the Client. The invoice must contain all the particulars of the tax document as required by the applicable legislation. The invoice maturity is set out in a separate section of these terms and conditions. The price must be paid into the supplier's bank account, which must be credited to this account without any deductions and any unilateral reduction or retention. The Customer's debt is fulfilled at the moment the amount is credited to the Supplier's account.
In the event of the Client's default in payment of the invoiced amount, the Client shall pay the Supplier interest on late payment of 0.05% of the total amount due (including VAT) for each commenced day of delay. Default interest may be charged by the Supplier to the Client either at the same time after payment of the outstanding amount or termination of the contract, or in part for a certain period of delay. The Client is obliged to pay the Supplier the amount of late interest charged within 14 days from the issue of the relevant bill. The Supplier's right to damages is not affected by this.
III. Delivery and acceptance of delivery
The Client is obliged to accept the duly delivered delivery. If the Customer is in delay with the takeover of the delivery, the Supplier shall be entitled to require the Customer to pay all costs incurred in connection with the Customer's delay.The Supplier shall fulfill the delivery by handing it over to the customer or by delivering the relevant goods to the agreed place at the agreed time, even if the customer fails to take delivery of the delivery or refuses to accept the delivery illegally, or In such a case, the supplier is not obliged to attach a handover protocol to the invoice, although such an obligation has been agreed between the parties in the contract: only the supplier's declaration of the relevant fact mentioned in the first sentence of this paragraph is sufficient.
The Customer is obliged to inspect the subject of delivery upon receipt. If this is not possible (but not for the reason on the part of the Customer), the Customer is obliged to arrange the inspection of the subject of delivery as soon as possible after the handover.The Client is not entitled to refuse to accept the delivery if the delivery shows only minor or minor defects that do not affect the functionality of the delivery.The supplier is entitled to make the delivery by providing several partial supplies. The Client is obliged to pay a partial part of the price after such a partial delivery.
IV. Dellivery date
The Contractor's performance is conditioned by the fact that the Customer is not in default with him for any payment for goods that were delivered also on the basis of another contractual relationship concluded between the Contractor and the Customer. During the period of such delay of the Client, the Supplier is not in delay with the provision of the delivery in question and the agreed term is extended by a period corresponding to the length of the above-mentioned delay of the Client.
If the advance payment or advance payments have been agreed, the supplier shall not be obliged to deliver the goods prior to such payment or payments.
If the delivery is not effected on the agreed date due to the circumstances of force majeure occurring between the commencement of the contract and the specified delivery date, the delivery date shall be extended accordingly. Force majeure is considered to be an obstacle preventing the obligated party from performing the action independently of his or her will, which cannot reasonably be expected to avert or overcome the obstacle or its consequences and which did not arise at a time when was a liable party in default of performance of its obligation and which did not arise from the economic circumstances of the liable party. Force majeure is considered to be a natural disaster (eg flood, storm, unusual heat, unusual winter, drought, tornado, blizzard, tropical storm, hurricane, hail, landslide, volcanic eruption and its consequences, sinkhole, avalanche, earthquake and its consequences, unusual solar flares, spacecraft impact, etc.), war, mobilization, riots and similar events, strikes, lockouts, delays or failure to grant official authorizations (in particular export authorizations by the competent authority in the country of manufacture) is necessary for delivery.
The Supplier is entitled to make the delivery even before the agreed date of performance: such performance is considered to be regular and the Customer is obliged to take it over.
V. Transfer of title, transfer of risk of damage
The Client shall acquire title to the subject of delivery by full payment of the purchase price
The risk of damage to the delivery passes to the customer as follows:
upon delivery of the goods at the moment of delivery of the delivery (eventually agreed partial deliveries) by the customer, or. by sending or handing it over to the carrier. However, at the request and expense of the Customer, the Supplier may insure delivery insurance against common transport risks
If, due to reasons on the part of the Customer, the delivery is delayed, delay
sending or handing over to the carrier or delaying the start or end of the installation, assembly or trial operation, the risk of damage to the delivery passes to the customer the first day of such delay.
VI. Withdrawal from the contract
The contracting parties may withdraw from the contract only in cases of substantial breach of contract or in cases expressly stated in the contract or in these conditions or in cases expressly specified in the legislation, unless it is not possible to derogate from them. The withdrawal shall take effect on the date of delivery to the other Contracting Party.
Substantial breach of contract means:
the supplier's delay in the delivery of the supply, which is the fault of the supplier and which is longer than 30 days. After the expiry of this period, the customer shall immediately inform the supplier if he insists on the delivery. If the Client insists on its execution, he may withdraw from the contract only after 30 days after the delivery of the notification to the Supplier in vain,
Client's delay in payment of the invoiced amount, which is longer than 30 days,
A Contracting Party is entitled to withdraw from the Contract with effect on the date of delivery of the statement of will containing the withdrawal to the other Contracting Party if:
· The insolvency court has issued a judgment on the insolvency of the other party,
· The insolvency court rejected the petition for bankruptcy due to the lack of assets of the other party,
· The other party has stopped its payments,
· The insolvency court has filed with the insolvency court a petition for bankruptcy in respect of the insolvency court,
· Enforcement of the decision or execution on the other party's property has been unsuccessful
The contracting parties are also entitled to withdraw from the contract if the circumstances of force majeure prevent delivery for more than 3 months
The Contractor shall be entitled to withdraw from the Contract if the Customer is in default of the Client with the fulfillment of its monetary obligations which is longer than 30 days, regardless of whether these monetary obligations arise from the contract being terminated or other contract. In the event that the Supplier does not withdraw from the Contract, the Supplier is not in default with the fulfillment of any obligation arising from such Contract until such time as the relevant monetary obligation of the Client has been settled.
VII. Legal compliance
The Contracting Parties undertake to comply with the laws, including in the field of the fight against corruption, the protection of competition, the fight against money laundering, as well as other legislation of criminal or administrative law.
The Contracting Parties undertake not to tolerate any form of corruption or bribery, respectively. not to lend to them in any way, including by agreeing not to tolerate any unlawful offer of payments or similar services to public officials (persons operating in public authorities or other entities controlled by public authorities) serving to influence such officials or ensure an unjustified advantage in relation to the business of a Contracting Party.
VIII. Final Provisions
If any provision of the Agreement or these Terms is or becomes invalid, unenforceable, apparent or ineffective, such fact shall not affect the validity, enforceability or effectiveness of other provisions of the Agreement or Terms. In such a case, the parties to the contract shall make every effort to conclude an amendment to the contract by replacing the relevant invalid, unenforceable or ineffective provision with a new one that best suits the originally intended economic purpose.
For the purposes of these Terms and Conditions, a written form shall mean either a) a paper copy and sent to the other party to the address of the party specified in the contract 1) delivered by post or courier or by any other means allowing the receipt of the acknowledgment to the sender; (2) by fax to the fax number of the Contracting Party specified in the contract with acknowledgment of receipt; or (b) in electronic form and sent by electronic mail.
The document shall be deemed to have been delivered on the third working day after it has been sent by any of the means referred to in the preceding paragraph to the relevant address (fax number, e-mail address) of the Contracting Party, even if the addressee has not received it.
The legal relationship of the parties is governed by the law of the Czech Republic. If the contract or these conditions do not contain their own regulation, the rights and obligations of the parties are governed by Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 90/2012 Coll. Commercial Code as amended.
It excludes the application of § 1726, § 1728, § 1729, § 1740 paragraph 3, § 1757 paragraph 2a 3, § 1950 and § 2630 of the Civil Code. Neither party to the other has the status of a weaker party.
Any disputes arising out of or in connection with the contract will first be settled by an attempt to reach an agreement. If this is not the case, the dispute shall be decided by the competent court.
These terms and conditions, together with the document (invoice-tax document), which are annexes and appendices to this document, constitute a complete contract and supersede any prior agreement between the parties regarding the subject matter of this contractual relationship.
The supplier is entitled to assign the contract to another person.
The Contract may only be amended and supplemented by written numbered amendments signed by both parties
Praha 1.1.2014 |