GENERAL TERMS AND CONDITIONS OF SALES of Linfer s.r.o., valid and effective as of 2.11.2021
1. Introductory provisions
1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") are regulated in accordance with the provisions. § 1751 of Act No. 89/2012 Coll., the Czech Civil Code, as amended (hereinafter referred to as the "Civil Code") obligations between Linfer s.r.o., IČO: 11995165, with its registered office at Řásná č.p. 124, 588 56 Řásná, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 125726 and its business partners (hereinafter referred to as the "customer" or "buyer").
1.2. By issuing an order / approving the offer, the buyer confirms that he has become acquainted with these GTC and that he expresses his consent with them.
2. Parties to the contractual relationship
2.1. The parties to the contractual relationship are a) the business company Linfer s.r.o., IČO: 11995165, with its registered office at Řásná č.p. 124, 588 56 Řásná, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 125726, bank details: account number: 6078551002/5500, account maintained with Raiffeisenbank, a.s. (hereinafter referred to as the "Supplier" or "Seller") on the one hand, and b) the customer, which may be both physical, and a legal entity on the other hand, (the supplier and the customer hereinafter jointly referred to as the "Parties").
3. Subject matter of the contractual relationship
3.1. An order issued by the Customer that the Customer sends to the Supplier and an order confirmed by the Supplier and these GTC constitute the complete agreement of the Parties on the conditions of supply of goods. Acceptance of the order by the supplier concludes a purchase contract for the supply of goods that are specified in the order.
3.2. Relations not regulated by the order and the GTC are governed by the Civil Code, in particular the provisions. § 2079 et seq. of the Czech Civil Code. The Seller's individual Contract with the Buyer, which may exclude the modification of these GTC or may modify deviations from the GTC, takes precedence over these GTC.
4. Order and establishment of a contractual relationship
4.1. The order issued by the buyer must contain the exact identification of the buyer according to his entry in the Commercial Register, i.e. the business name of the buyer, or the name and surname of a natural person, if this is not registered in the Commercial Register, the buyer's registered office or residence, ID number, VAT number, in the case of business companies, registration in the Commercial Register, bank details. The order must also contain the exact specification of the goods, i.e. the name of the demanded goods, the quantity of goods, the place and date of delivery of the goods, the contact person, telephone and email of the contact person, or other data and more detailed identification of the requested goods. The order can be made by post, by letter sent to the address of the seller's registered office, by phone or by email.
4.2. The seller delivers the goods within the period specified in the confirmed order. Any changes and additions to the order made on the basis of an agreement of the contracting parties are only permitted in writing. Order confirmation by the seller may be sent to the buyer by post, to the address specified in the order or by e-mail.
4.3. The Seller delivers the goods exclusively in accordance with the applicable legal regulations governing the handling of the relevant type of goods. When handling the goods, the buyer is obliged to protect human health and the environment and follow hazard pictograms, relevant warnings, operating instructions, instructions indicating the specific risk of the goods and other instructions for safe handling of goods under special legislation. The sale of goods – chemical substances and mixtures – is in many cases subject to specific legislation. The Buyer is obliged in particular, but not exclusively, in the case of hazardous (toxic) chemical substances and mixtures, etc., to always proceed in accordance with applicable law, to have the appropriate permits and professional personnel trained for handling these goods when handling these chemical substances and mixtures.
4.4. When choosing goods by the buyer, it is necessary that the selected type of goods exactly corresponds to the needs of the buyer. Before purchasing the goods, the buyer takes into account the purpose of use of the goods, the design of the goods, the material composition and the method of care of the goods, etc.
4.5. In addition to the above, the Seller warns the Buyer that throughout the period of use of the purchased goods, it is necessary for the Buyer to pay sufficient and careful attention to the rules of use of the selected goods. In particular, it is necessary to consider all factors adversely affecting the full functionality and service life of the goods.
4.6. The Seller is not responsible for the Buyer's mishandling of the goods, for the fact that the Buyer has not found out the information about the goods or for the Buyer's handling of the goods in violation of legal regulations, instructions, notices, instructions, relevant permits or common practice, etc.
5. Delivery time and delivery conditions
5.1. The time of delivery of the goods will always be specified in the purchase contract and subsequently observed. This does not apply if the existence of force majeure circumstances (i.e. an unforeseeable event or circumstance over which the parties have no control, if this event, circumstance or its consequences cannot be avoided and/or avoided and the origin of which is not attributable to the supplier) prevents the supplier from fulfilling this obligation.
5.2. If the existence of force majeure prevents the supplier from delivering the goods, the supplier shall notify the buyer of this fact without undue delay from its occurrence. After the implementation of the said notification, the supplier is not in delay with the fulfillment of its obligations under the purchase contract. Force majeure means, in particular, earthquakes, floods, wars, large-scale fires, changes in legislation, etc. Force majeure is not such an event as delays in the delivery of subcontractors, unless these are caused by force majeure, insolvency, lack of labour or goods.
5.3. If the existence of force majeure prevents the proper implementation of a substantial part of the supplier's obligation under the purchase contract for an uninterrupted period of 2 months or for a recurring period, the buyer is entitled to withdraw from the purchase contract.
5.4. In the case of arranging the dispatch of goods through a carrier, the supplier's obligation under the purchase contract is fulfilled and the right to payment of the purchase price for the delivery of the goods (hereinafter referred to as the "purchase price") arises on the day when the goods were handed over to the first carrier for transport.
5.5. When arranging the actual transport (own transport) of the goods by the buyer, the seller shall notify the buyer that the goods are ready for collection with a maximum period for collection within 5 calendar days from the date of notification. The fulfillment of the supplier's obligation under the purchase contract and the right to payment of the purchase price occurs on the day when the goods were taken over by the buyer from the supplier or on the day following the expiry of the period specified for receipt of the goods.
5.6. The Seller shall hand over to the Buyer together with the goods documents relating to the goods and which are necessary for their acceptance and use corresponding to their nature and purpose, i.e. in particular the delivery note, analytical certificates, etc.
6. Price and payment, acquisition of ownership
6.1. The purchase price for the goods is determined by agreement of the parties in the purchase contract or order.
6.2. Unless otherwise agreed in writing between the contracting parties, the purchase price includes the transport of the goods to the place of performance, packing and shipping charges and customs duties only in the case of DDP delivery terms.
6.3. The purchase price does not include VAT. VAT will be charged according to applicable law.
6.4. The right to payment of the agreed purchase price arises on the date of fulfilment of the obligations under Article 5.4 or 5.5 of these GTC.
6.5. Payment by the buyer will be made in the manner and at the time agreed by both parties to the purchase contract.
6.6. Unless otherwise agreed in writing between the contracting parties, the purchase price will be paid by the buyer by wire transfer to the seller's account within 14 calendar days from the date of the right to payment of the purchase price pursuant to Article 5.4 or 5.5 of these GTC.
6.7. In the case of an agreed payment in advance (so-called advance or pro forma invoice), failure to pay the advance invoice within 20 days after the expiry of its due date is considered a material breach of the contract and the seller has the right in this case to immediately withdraw from the purchase contract and claim all damage from the buyer incurred by the seller in connection with the already ordered goods.
6.8. Tax document (invoice) must contain all the particulars according to Czech Act. No. 235/2004 Coll., on Value Added Tax, as amended, in particular: identification of the person who makes the supply, tax identification number of the person making the supply, identification of the person for whom the supply is made, tax identification number of the person for whom the supply is made, registration number of the tax document, scope and subject of performance, date of issue of the tax document, date of taxable supply or date of receipt of payment, the unit price exclusive of tax and a discount if not included in the unit price, the taxable amount, the tax rate, and the amount of tax.
6.9. According to the form of payment, the payment of the purchase price is considered to be the date of receipt of the entire purchase price in cash by the supplier, or the date of crediting the amount corresponding to the full purchase price to the seller's account.
6.10. In the event of the buyer's delay in payment of the purchase price, the buyer is obliged to pay the seller a contractual penalty of 0.05% for each day of delay. Payment of the contractual penalty is without prejudice to the seller's right to damages, even to the extent exceeding the contractual penalty.
6.11. If the buyer is in default with the payment of any obligations towards the supplier, the seller has the right to withhold unfulfilled deliveries of goods without this implying a breach of the purchase contract and/or the buyer's right to withdraw from the purchase contract. In such a case, the Supplier is not in default with the fulfilment of its obligations.
6.12. Buyer within the meaning of the provision. § 2132 et seq. of the Czech Civil Code acquires ownership of the goods upon full payment of the agreed purchase price. However, the risk of damage to the item (goods) passes to the buyer upon its takeover, which is also considered to be the handover of the goods for transport to the first carrier. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
7. Rights from defective performance
7.1. The Seller guarantees the quality and durability of the goods according to the specifications or technical data sheets, or certificates of individual products sold by the Seller. This is guaranteed by the Seller only if the Buyer handles the goods correctly and properly and when handling the goods in accordance with the relevant applicable legal regulations, standards, etc.
7.2. Upon receipt of the delivery, the Buyer is obliged to check the delivered goods according to the accompanying documents handed over by the Seller. Detected obvious defects of the goods must be marked by the buyer in the delivery note or transport document and notified to the seller no later than 3 working days after receipt of the goods. Complaints about the missing quantity of goods must be made no later than on the next working day from the date of receipt of the goods.
7.3. The claimed goods must be separated from the rest of the delivered goods. Any manipulation with it that would make it difficult or impossible to verify the claimed defects of the goods without the written consent of the seller is inadmissible and will result in the extinction of the buyer's claims in connection with defects in the delivered goods.
7.4. When claiming goods, the seller reserves the right to check the condition of the claimed goods directly at the place of detection of any defect in the goods.
7.5. If it is found that the claim of the goods declared by the buyer is justified, the seller shall deliver replacement goods or provide a discount on the purchase price of the goods.
7.6. In the event that the claim for defects of the goods is not recognized by the Seller, the Seller will arrange for an analysis of the goods at an accredited independent laboratory at the Buyer's expense, which will be approved in writing by both parties. The result of the analysis of the goods by the laboratory regarding the condition of the goods is binding for both contracting parties. In the event that the laboratory in question assesses and evaluates the delivered goods as defective and the complaint made by the buyer is justified, the seller is obliged to pay within 3 working days to the buyer's account the costs of the analysis paid by the buyer.
8. Duration of the contract
8.1. The Contract may be terminated by agreement of the Contracting Parties or by written withdrawal from the Contract by either Party.
8.2. Either party may withdraw from the contract if the other party breaches the contract in a substantial way. A material breach of contract on the part of the buyer is in particular considered to be a failure to pay the price of the goods even within an alternative date set by the seller, failure to take over the goods within the deadline set by the seller. In particular, the delivery of goods other than those originally ordered by the Buyer is considered a material breach of the Contract.
8.3. Withdrawal is effective upon delivery of a written notice of withdrawal. In the event of withdrawal from the contract, the other party is entitled to reimbursement of reasonably incurred costs in connection with the performance of obligations under the purchase contract (including the purchase contract and transport costs of the goods delivered by the seller) incurred before the effective date of this withdrawal. Withdrawal from the contract is without prejudice to the right of the parties to the payment of a contractual penalty, a claim for damages under the purchase contract.
9. Privacy Policy
9.1. By sending an order (draft contract), the buyer agrees that in accordance with the provisions of § 5. 2 et seq. of Act No. 101/2000 Coll., on the Czech Protection of Personal Data, as amended, the seller processed the buyer's personal data (in particular, name, surname of natural persons, email, etc.).
9.2. The seller is obliged to store the provided personal data in accordance with applicable law for the time necessary when the buyer orders goods from the seller.
9.3. The contracting parties shall abide by the relevant rules for the processing of personal data pursuant to Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the so-called GDPR) and the related legal regulations of the Czech Republic within the scope of performance of the purchase contract.
10. Final provisions
10.1. These GTC enter into force and effect on 2.11.2021.
10.2. The Seller, as well as its authorized employees and third parties, shall not be liable to the Buyer for any claims, liabilities, losses, damages, costs and any other expenses incurred in connection with the Purchase Agreement, in the aggregate amount in excess of the purchase price (excluding VAT) received by the Supplier from the Buyer on the basis of the Purchase Contract (i.e. the sum of the services duly and timely paid by the Customer to the invoice issued by the Supplier).
10.3. All documents delivered between the seller and the buyer in connection with the contractual relationship are deemed to have been delivered if they were sent to the address of the contracting party specified in the Commercial Register or in the trade license or on the order, even if the addressee refuses to accept the document (then the date of delivery is the day of refusal to accept the shipment). If the document is returned by post as undeliverable, the date of posting of the consignment for postal transport counts as the date of service.
10.4. We undertake to provide the current version of the GTC to any person upon request.
10.5. By placing an order, the Customer agrees that the rights and obligations of the Customer and the Supplier shall be governed by the GTC effective on the respective order date.
10.6. The Customer undertakes itself and its potential legal successors to notify the Seller in writing within 15 days of any organizational changes as a result of which the rights and obligations under the concluded purchase contract will be transferred to another legal entity and that it will notify the Supplier of the new designation of this entity.
10.7. Neither party may disclose to a third party confidential information obtained from the other party in the performance of the subject matter of the contract. This does not apply if the necessary information is to be made available to employees, statutory bodies or their members or subcontractors for the purpose of fulfilling the subject of the contract.
10.8. All disputes that may arise from the purchase contract shall be decided under the exclusive jurisdiction of the courts of the Czech Republic and according to the laws of the Czech Republic.
1. Introductory provisions
1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") are regulated in accordance with the provisions. § 1751 of Act No. 89/2012 Coll., the Czech Civil Code, as amended (hereinafter referred to as the "Civil Code") obligations between Linfer s.r.o., IČO: 11995165, with its registered office at Řásná č.p. 124, 588 56 Řásná, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 125726 and its business partners (hereinafter referred to as the "customer" or "buyer").
1.2. By issuing an order / approving the offer, the buyer confirms that he has become acquainted with these GTC and that he expresses his consent with them.
2. Parties to the contractual relationship
2.1. The parties to the contractual relationship are a) the business company Linfer s.r.o., IČO: 11995165, with its registered office at Řásná č.p. 124, 588 56 Řásná, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 125726, bank details: account number: 6078551002/5500, account maintained with Raiffeisenbank, a.s. (hereinafter referred to as the "Supplier" or "Seller") on the one hand, and b) the customer, which may be both physical, and a legal entity on the other hand, (the supplier and the customer hereinafter jointly referred to as the "Parties").
3. Subject matter of the contractual relationship
3.1. An order issued by the Customer that the Customer sends to the Supplier and an order confirmed by the Supplier and these GTC constitute the complete agreement of the Parties on the conditions of supply of goods. Acceptance of the order by the supplier concludes a purchase contract for the supply of goods that are specified in the order.
3.2. Relations not regulated by the order and the GTC are governed by the Civil Code, in particular the provisions. § 2079 et seq. of the Czech Civil Code. The Seller's individual Contract with the Buyer, which may exclude the modification of these GTC or may modify deviations from the GTC, takes precedence over these GTC.
4. Order and establishment of a contractual relationship
4.1. The order issued by the buyer must contain the exact identification of the buyer according to his entry in the Commercial Register, i.e. the business name of the buyer, or the name and surname of a natural person, if this is not registered in the Commercial Register, the buyer's registered office or residence, ID number, VAT number, in the case of business companies, registration in the Commercial Register, bank details. The order must also contain the exact specification of the goods, i.e. the name of the demanded goods, the quantity of goods, the place and date of delivery of the goods, the contact person, telephone and email of the contact person, or other data and more detailed identification of the requested goods. The order can be made by post, by letter sent to the address of the seller's registered office, by phone or by email.
4.2. The seller delivers the goods within the period specified in the confirmed order. Any changes and additions to the order made on the basis of an agreement of the contracting parties are only permitted in writing. Order confirmation by the seller may be sent to the buyer by post, to the address specified in the order or by e-mail.
4.3. The Seller delivers the goods exclusively in accordance with the applicable legal regulations governing the handling of the relevant type of goods. When handling the goods, the buyer is obliged to protect human health and the environment and follow hazard pictograms, relevant warnings, operating instructions, instructions indicating the specific risk of the goods and other instructions for safe handling of goods under special legislation. The sale of goods – chemical substances and mixtures – is in many cases subject to specific legislation. The Buyer is obliged in particular, but not exclusively, in the case of hazardous (toxic) chemical substances and mixtures, etc., to always proceed in accordance with applicable law, to have the appropriate permits and professional personnel trained for handling these goods when handling these chemical substances and mixtures.
4.4. When choosing goods by the buyer, it is necessary that the selected type of goods exactly corresponds to the needs of the buyer. Before purchasing the goods, the buyer takes into account the purpose of use of the goods, the design of the goods, the material composition and the method of care of the goods, etc.
4.5. In addition to the above, the Seller warns the Buyer that throughout the period of use of the purchased goods, it is necessary for the Buyer to pay sufficient and careful attention to the rules of use of the selected goods. In particular, it is necessary to consider all factors adversely affecting the full functionality and service life of the goods.
4.6. The Seller is not responsible for the Buyer's mishandling of the goods, for the fact that the Buyer has not found out the information about the goods or for the Buyer's handling of the goods in violation of legal regulations, instructions, notices, instructions, relevant permits or common practice, etc.
5. Delivery time and delivery conditions
5.1. The time of delivery of the goods will always be specified in the purchase contract and subsequently observed. This does not apply if the existence of force majeure circumstances (i.e. an unforeseeable event or circumstance over which the parties have no control, if this event, circumstance or its consequences cannot be avoided and/or avoided and the origin of which is not attributable to the supplier) prevents the supplier from fulfilling this obligation.
5.2. If the existence of force majeure prevents the supplier from delivering the goods, the supplier shall notify the buyer of this fact without undue delay from its occurrence. After the implementation of the said notification, the supplier is not in delay with the fulfillment of its obligations under the purchase contract. Force majeure means, in particular, earthquakes, floods, wars, large-scale fires, changes in legislation, etc. Force majeure is not such an event as delays in the delivery of subcontractors, unless these are caused by force majeure, insolvency, lack of labour or goods.
5.3. If the existence of force majeure prevents the proper implementation of a substantial part of the supplier's obligation under the purchase contract for an uninterrupted period of 2 months or for a recurring period, the buyer is entitled to withdraw from the purchase contract.
5.4. In the case of arranging the dispatch of goods through a carrier, the supplier's obligation under the purchase contract is fulfilled and the right to payment of the purchase price for the delivery of the goods (hereinafter referred to as the "purchase price") arises on the day when the goods were handed over to the first carrier for transport.
5.5. When arranging the actual transport (own transport) of the goods by the buyer, the seller shall notify the buyer that the goods are ready for collection with a maximum period for collection within 5 calendar days from the date of notification. The fulfillment of the supplier's obligation under the purchase contract and the right to payment of the purchase price occurs on the day when the goods were taken over by the buyer from the supplier or on the day following the expiry of the period specified for receipt of the goods.
5.6. The Seller shall hand over to the Buyer together with the goods documents relating to the goods and which are necessary for their acceptance and use corresponding to their nature and purpose, i.e. in particular the delivery note, analytical certificates, etc.
6. Price and payment, acquisition of ownership
6.1. The purchase price for the goods is determined by agreement of the parties in the purchase contract or order.
6.2. Unless otherwise agreed in writing between the contracting parties, the purchase price includes the transport of the goods to the place of performance, packing and shipping charges and customs duties only in the case of DDP delivery terms.
6.3. The purchase price does not include VAT. VAT will be charged according to applicable law.
6.4. The right to payment of the agreed purchase price arises on the date of fulfilment of the obligations under Article 5.4 or 5.5 of these GTC.
6.5. Payment by the buyer will be made in the manner and at the time agreed by both parties to the purchase contract.
6.6. Unless otherwise agreed in writing between the contracting parties, the purchase price will be paid by the buyer by wire transfer to the seller's account within 14 calendar days from the date of the right to payment of the purchase price pursuant to Article 5.4 or 5.5 of these GTC.
6.7. In the case of an agreed payment in advance (so-called advance or pro forma invoice), failure to pay the advance invoice within 20 days after the expiry of its due date is considered a material breach of the contract and the seller has the right in this case to immediately withdraw from the purchase contract and claim all damage from the buyer incurred by the seller in connection with the already ordered goods.
6.8. Tax document (invoice) must contain all the particulars according to Czech Act. No. 235/2004 Coll., on Value Added Tax, as amended, in particular: identification of the person who makes the supply, tax identification number of the person making the supply, identification of the person for whom the supply is made, tax identification number of the person for whom the supply is made, registration number of the tax document, scope and subject of performance, date of issue of the tax document, date of taxable supply or date of receipt of payment, the unit price exclusive of tax and a discount if not included in the unit price, the taxable amount, the tax rate, and the amount of tax.
6.9. According to the form of payment, the payment of the purchase price is considered to be the date of receipt of the entire purchase price in cash by the supplier, or the date of crediting the amount corresponding to the full purchase price to the seller's account.
6.10. In the event of the buyer's delay in payment of the purchase price, the buyer is obliged to pay the seller a contractual penalty of 0.05% for each day of delay. Payment of the contractual penalty is without prejudice to the seller's right to damages, even to the extent exceeding the contractual penalty.
6.11. If the buyer is in default with the payment of any obligations towards the supplier, the seller has the right to withhold unfulfilled deliveries of goods without this implying a breach of the purchase contract and/or the buyer's right to withdraw from the purchase contract. In such a case, the Supplier is not in default with the fulfilment of its obligations.
6.12. Buyer within the meaning of the provision. § 2132 et seq. of the Czech Civil Code acquires ownership of the goods upon full payment of the agreed purchase price. However, the risk of damage to the item (goods) passes to the buyer upon its takeover, which is also considered to be the handover of the goods for transport to the first carrier. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
7. Rights from defective performance
7.1. The Seller guarantees the quality and durability of the goods according to the specifications or technical data sheets, or certificates of individual products sold by the Seller. This is guaranteed by the Seller only if the Buyer handles the goods correctly and properly and when handling the goods in accordance with the relevant applicable legal regulations, standards, etc.
7.2. Upon receipt of the delivery, the Buyer is obliged to check the delivered goods according to the accompanying documents handed over by the Seller. Detected obvious defects of the goods must be marked by the buyer in the delivery note or transport document and notified to the seller no later than 3 working days after receipt of the goods. Complaints about the missing quantity of goods must be made no later than on the next working day from the date of receipt of the goods.
7.3. The claimed goods must be separated from the rest of the delivered goods. Any manipulation with it that would make it difficult or impossible to verify the claimed defects of the goods without the written consent of the seller is inadmissible and will result in the extinction of the buyer's claims in connection with defects in the delivered goods.
7.4. When claiming goods, the seller reserves the right to check the condition of the claimed goods directly at the place of detection of any defect in the goods.
7.5. If it is found that the claim of the goods declared by the buyer is justified, the seller shall deliver replacement goods or provide a discount on the purchase price of the goods.
7.6. In the event that the claim for defects of the goods is not recognized by the Seller, the Seller will arrange for an analysis of the goods at an accredited independent laboratory at the Buyer's expense, which will be approved in writing by both parties. The result of the analysis of the goods by the laboratory regarding the condition of the goods is binding for both contracting parties. In the event that the laboratory in question assesses and evaluates the delivered goods as defective and the complaint made by the buyer is justified, the seller is obliged to pay within 3 working days to the buyer's account the costs of the analysis paid by the buyer.
8. Duration of the contract
8.1. The Contract may be terminated by agreement of the Contracting Parties or by written withdrawal from the Contract by either Party.
8.2. Either party may withdraw from the contract if the other party breaches the contract in a substantial way. A material breach of contract on the part of the buyer is in particular considered to be a failure to pay the price of the goods even within an alternative date set by the seller, failure to take over the goods within the deadline set by the seller. In particular, the delivery of goods other than those originally ordered by the Buyer is considered a material breach of the Contract.
8.3. Withdrawal is effective upon delivery of a written notice of withdrawal. In the event of withdrawal from the contract, the other party is entitled to reimbursement of reasonably incurred costs in connection with the performance of obligations under the purchase contract (including the purchase contract and transport costs of the goods delivered by the seller) incurred before the effective date of this withdrawal. Withdrawal from the contract is without prejudice to the right of the parties to the payment of a contractual penalty, a claim for damages under the purchase contract.
9. Privacy Policy
9.1. By sending an order (draft contract), the buyer agrees that in accordance with the provisions of § 5. 2 et seq. of Act No. 101/2000 Coll., on the Czech Protection of Personal Data, as amended, the seller processed the buyer's personal data (in particular, name, surname of natural persons, email, etc.).
9.2. The seller is obliged to store the provided personal data in accordance with applicable law for the time necessary when the buyer orders goods from the seller.
9.3. The contracting parties shall abide by the relevant rules for the processing of personal data pursuant to Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the so-called GDPR) and the related legal regulations of the Czech Republic within the scope of performance of the purchase contract.
10. Final provisions
10.1. These GTC enter into force and effect on 2.11.2021.
10.2. The Seller, as well as its authorized employees and third parties, shall not be liable to the Buyer for any claims, liabilities, losses, damages, costs and any other expenses incurred in connection with the Purchase Agreement, in the aggregate amount in excess of the purchase price (excluding VAT) received by the Supplier from the Buyer on the basis of the Purchase Contract (i.e. the sum of the services duly and timely paid by the Customer to the invoice issued by the Supplier).
10.3. All documents delivered between the seller and the buyer in connection with the contractual relationship are deemed to have been delivered if they were sent to the address of the contracting party specified in the Commercial Register or in the trade license or on the order, even if the addressee refuses to accept the document (then the date of delivery is the day of refusal to accept the shipment). If the document is returned by post as undeliverable, the date of posting of the consignment for postal transport counts as the date of service.
10.4. We undertake to provide the current version of the GTC to any person upon request.
10.5. By placing an order, the Customer agrees that the rights and obligations of the Customer and the Supplier shall be governed by the GTC effective on the respective order date.
10.6. The Customer undertakes itself and its potential legal successors to notify the Seller in writing within 15 days of any organizational changes as a result of which the rights and obligations under the concluded purchase contract will be transferred to another legal entity and that it will notify the Supplier of the new designation of this entity.
10.7. Neither party may disclose to a third party confidential information obtained from the other party in the performance of the subject matter of the contract. This does not apply if the necessary information is to be made available to employees, statutory bodies or their members or subcontractors for the purpose of fulfilling the subject of the contract.
10.8. All disputes that may arise from the purchase contract shall be decided under the exclusive jurisdiction of the courts of the Czech Republic and according to the laws of the Czech Republic.
