Terms and conditions of Dafit, s.r.o.
GENERAL BUSINESS TERMS AND CONDITIONS FOR WHOLESALE CUSTOMERS issued in Prague, on 18/12/2020
Obchodní společnost DAFIT s. r. o., registered office at U Rakovky 1739/29, 148 00 Prague 4 – Kunratice, IČO: 00570150, registered at the Municipal Court in Prague under no. C 446 (hereinafter also referred to as the "seller") for the purpose of selling goods through the online store located at the internet address http://dafit.cz/ hereinafter referred to as the "website") issues the following general terms and conditions (hereinafter referred to as as "business terms").
1) Introductory Provisions
1.1
These terms and conditions are regulated in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter "Civil Code") mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as "< /span>purchase contract") concluded between the above-mentioned seller and a third party, who is the person of another entrepreneur , i.e. by the buyer (hereinafter referred to as "buyer") through the seller's online store, through the website interface (hereinafter referred to as "store web interface" ).
1.2
The business conditions do not apply to cases where another person (typically a consumer) intends to buy goods from the seller and does not act when ordering goods as part of his business activity or within the scope of his independent professional performance (so-called non-entrepreneurial natural person).
1.3
Stipulations deviating from the terms and conditions can only be negotiated in writing, for example via email between the seller and the buyer. Such deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
1.4
The terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5
The wording of the terms and conditions can be unilaterally changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions under which the relevant transaction was made. Each transaction is subject to the terms and conditions in effect at the time of transaction.
2) User Account
2.1
Based on the buyer's registration done on the website, the buyer can access its user interface. From his user interface, the buyer can order goods (hereinafter referred to as "user account"). If the store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface.
2.2
When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data given in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller. Otherwise, the transaction may not go through, such as delivery to the wrong address or to a different person.
2.3
Access to the user account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. Otherwise, the seller cannot be held responsible for wrong product orders.
2.4
The buyer is not authorized to allow the use of the user account by third parties without the prior written consent of the seller.
2.5
The seller can cancel the user account, especially if the buyer does not use his user account for more than three years, or if the buyer violates his obligations from the purchase contract (including these terms and conditions).
2.6
The buyer acknowledges that the user account may not be available continuously, especially due to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3) Conclusion of the purchase contract
3.1
Although the seller tries to the maximum extent possible to ensure that all the presentation of the goods placed in the web interface of the store and on the website is flawless, the seller points out for the avoidance of doubt , that this presentation is for informational purposes only and the seller is not obligated to enter into a purchase contract regarding these goods. The provision of § 1732, paragraph 2 of the Civil Code does not apply.
3.2
The web interface of the store contains information about the goods, including the prices of the individual goods and the cost of returning the goods, if the goods cannot by their nature be returned by normal postage by road or through GLS or another similar carrier. The price of the goods is shown both without VAT and with VAT. Product prices remain in effect for as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions. Part of the presentation of the goods is also its brief description, especially a description of its composition or other properties.
3.3
The web interface of the store may also contain information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic, unless otherwise stated for the individual case.
3.4
To order goods, the buyer fills out the order form in the store's web interface. The order form mainly contains information about:
3.4.1
ordered goods (ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),
3.4.2
method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and
3.5
Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order (see the editing option in the relevant section of the website), including on the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the appropriate button - typically "Order". The data given in the order are considered correct by the seller, otherwise the transaction could not be concluded and executed.
3.6
The seller will immediately upon receipt of the order confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as "buyer's electronic address").< /span>
3.7
The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
3.8
The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
3.9
For the avoidance of doubt, the buyer and seller agree to use remote means of communication when entering into the relevant purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by both the buyer and the seller themselves.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1
The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- in cash on delivery at the place specified by the buyer in the order and
- by cashless transfer to the seller's account 9842056001/5500 held at Raiffeisenbank, a.s. (hereinafter only “seller account”);
- cashless payment card
4.2
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 also includes the costs associated with the delivery of the goods (costs for mail, GLS or other delivery methods that are enabled by the web interface or individual written agreement of the contracting parties outside the web interface).</ p>
4.3
The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4
In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.
4.5
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol, which is indicated on the relevant tax document. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6
The seller is entitled, especially if the buyer does not provide additional confirmation of the order, to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
4.7
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other, unless otherwise agreed in writing.
4.8
If it is usual in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document - the seller issues an invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's electronic address.
4.9
If, according to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer, he shall do so and at the same time register the received sales with the tax administrator online; in the event of a technical failure, then within 72 hours at the latest.
5) WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1
The buyer acknowledges that, among other things, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods, which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the buyer removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of an audio or video recording or a computer program, if he violated their original cover.
5.2
If it is not a case mentioned in Article of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within three (3) days of taking over the goods, whereas, in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address.
5.3
In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within three (3) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.4
In the event of withdrawal from the purchase contract, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and it does not incur additional costs for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5
The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for the return of the purchase prices.
5.6
If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged together with the goods, return the provided gift to the seller.
6) TRANSPORT AND DELIVERY OF GOODS
6.1
If the mode of transport is contracted based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2
If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3
If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.
6.4
When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the case of finding a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the rights of the buyer from liability for product defects and other rights of the buyer arising from generally binding legal regulations.
6.5
Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if they are issued by the seller and if the buyer could become familiar with them.
7) RIGHTS FROM DEFECTIVE PERFORMANCE
7.1
The rights and obligations of the contracting parties regarding rights from defective performance are governed by relevant generally binding legal regulations, in particular the Civil Code.
7.2
The seller guarantees to the buyer that the goods have no defects upon receipt.
7.3
In particular, the seller answers to the buyer that at the time the buyer took over the goods:
7.3.1
the goods have the properties agreed upon by the parties and, in the absence of an agreement, have such properties that the seller or manufacturer has specifically described or that the buyer could reasonably expect with considering the nature of the goods,
7.3.2
the goods are reasonably suitable for the purpose for which the seller states their use or for which goods of this kind are usually used,
7.3.3
the goods reasonably correspond in quality or execution to the contracted sample or prototype, if the quality or execution was determined according to a mutually agreed upon contracted sample or prototype,</ p>
7.3.4
the goods are supplied in an appropriate quantity, measure or weight and comply with the requirements of the relevant legislation.
8) OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
8.1
The buyer acquires ownership of the goods upon full payment of the purchase price of the goods.
8.2
The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
9) PROTECTION OF PERSONAL DATA
9.1
Your information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public obligations, the seller fulfills them by means of a special document.
10) SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1
The buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (the Act on certain services of the information society), as amended, to the sending of business communications by the seller to an electronic address or to the buyer's phone number. The seller fulfills its information obligation towards the buyer in the sense of Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending business communications through a special document. This is so-called direct marketing, for which express consent is not required according to legal regulations governing the protection of personal data.
10.2
The buyer agrees to save so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
11) DELIVERY
11.1
Buyer can be delivered to the buyer's email address.
12) FINAL PROVISIONS
12.1
If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law and that the relevant courts of the Czech Republic are called upon to resolve disputes.
12.2
If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
12.3
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4
The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract.
12.5
Seller contact details: delivery address Dafit s.r.o. with registered office at U Rakovky 1739/29, 148 00 Prague 4 – Kunratice. Email address romana@dafit.cz, telephone +420 725 477 444.