General Terms and conditions of
FORMICA CZ, s.r.o.
I. Introductory provisions
1. Company FORMICA CZ, s.r.o., IČO: 28529375, with its registered office at Obchodní 126, 251 01 Čestlice, entered in the Commercial Register kept by the Municipal Court in Prague, file no. No. C 148236 (hereinafter referred to as the “Supplier”), is a supplier of professional printing equipment for entrepreneurs, where in this activity it sells mainly relevant technological equipment, consumables and provides service to customers (hereinafter referred to as the “Customer”).
2. The Supplier provides all services in connection with its activities exclusively on the basis of these General Terms and Conditions (hereinafter referred to as "GTC"). In accordance with the provisions of Provision 1751, Paragraph 1 of Act No. 89/2012 Sb., The Civil Code (hereinafter referred to as the “Civil Code”), these GTC regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract or work contract concluded between the supplier and the customer.
3. By making a request, order or concluding a contract, the customer agrees to the exclusive validity of these GTC, provided that any business conditions of the customer are hereby expressly excluded.
4. The customer can only be an entrepreneur, i.e. a natural or legal person who independently carries out a gainful activity on his own account and responsibility in a trade license or similar manner with the intention of doing so systematically in order to make a profit.
II. Conclusion of the contract
1. The customer shall make the request or order in writing, or by email or telephone.
2. The relevant purchase contract, if it concerns the purchase of goods, or the contract for work, if it is a service (collectively hereinafter referred as the "contract"), is concluded at the moment when the supplier confirms the customer's order, while the confirmation of the commencement of the fulfillment of the order is also considered confirmation. The supplier is entitled to ask the customer for additional order confirmation.
3. The supplier is not obliged to accept the customer's order and has the right to reject the customer's order without giving a reason, in whole or in part. The website is for information purposes only and is not an offer to enter into a contract. The customer's order is considered to be an offer to conclude a contract.
4. The prices stated by the supplier on its website, offers, etc. are stated without VAT and without costs for transport, installation, training, travel, packaging and other related costs, unless expressly stated otherwise by the supplier. All prices quoted by the supplier as well as the offers made by him are non-binding. Prices are valid only if the supplier agrees in the relevant contract, or, if no prices are stated in the relevant contract, the prices previously stated by the supplier in the offer, shall apply.
5. Supplier's quotations are non-binding. The supplier reserves the right to withdraw its offers during their validity. The supplier's price offers are not a proposal for concluding a contract according to the Provision 1731 et seq. of the Civil Code and cannot be adopted pursuant to Provision 1740 et seq. of the Civil Code and thus cause the obligation of the supplier and the conclusion of the contract. Based on the supplier's price offer, the customer is only entitled to enter into negotiations with the supplier on the conclusion of a written contract or to make a binding order for the supplier. The supplier's obligation arises exclusively by concluding the contract or confirming the customer's order by the supplier.
III. Payment for goods, or service
1. In addition to the purchase price for the goods, or service (goods and service also as the "subject of the contract") the customer is obliged to pay the costs of transport, installation, training, travel, packaging and other related costs, in the case of service the customer is obliged to pay the price of service work, material used and in the case of service outside of the supplier's premises, the customer is also obliged to reimburse the supplier for travel expenses and time of service technicians spent on the trip (together as "related costs"), according to the agreed price.
2. The Customer is obliged to pay the agreed price for the subject of the contract, including related costs, on the basis of an invoice issued by the supplier with a maturity of 14 days from the date of its issuance, unless otherwise stated on the invoice. The price is considered paid when the amount is credited to the supplier's account.
3. The Supplier is entitled to demand payment for the subject of the contract in advance. Payment can be made on the basis of an advance invoice or on the basis of a regular invoice exclusively by transfer to the supplier's account. Any cash payments are expressly excluded, the supplier does not accept cash payments.
4. In case of a delay in payment of even a part of any payment to the supplier, the customer is obliged to pay the supplier a contractual penalty of 0.1% for each day of delay from the part of the payment with which the customer is in arrears. In the event of the customer's delay in payment for more than 30 days, he is obliged to pay a contractual penalty of 10% of the amount due, including VAT, in addition to the contractual penalty according to the previous sentence; in the case of the custom made subject of the contract the customer is ordered to pay a contractual penalty of 50% of the amount due, including VAT.
5. In case of customer's delay in paying even part of any payment to the supplier (not only from the current contractual relationship), the supplier is entitled to suspend all performance against the customer, including suspension of goods, service, as well as warranty performance. In such a case, the supplier is not in arrears with the fulfillment of its obligations.
IV. Delivery of goods
1. In the case of delivery of goods, the supplier's obligation to deliver the goods is fulfilled when the supplier allows the customer to dispose of the goods at his place of business, if he does not provide transport to the customer; or when the goods are handed over to the first carrier at the supplier's place of business if the good are to be sent to the customer.
2. Delivery means the delivery of goods to a destination. The supplier does not provide any other services (folding, placement) at the destination.
3. Delivery time is governed by the agreement of the supplier and the customer.
4. If is necessary for reasons on the part of the customer to deliver the goods repeatedly or in another way than agreed, the customer is obliged to pay the costs associated with the repeated delivery of goods, or costs associated with another method of delivery.
5. The customer is obliged to take over the goods and is not entitled to refuse to take them over.
6. If the supplier delivers a larger quantity of goods to the customer than agreed, the contract is also concluded for the relevant surplus quantity, unless the customer rejects this surplus quantity no later than the day of take-over.
7. If the customer does not pick up the goods, or does not take it over, does not affect the customer's obligation to pay for and take over the goods. In such a case, the customer is obliged to pay the supplier a contractual penalty of 0.1% of the price of the goods, including VAT, for each day of delay in taking over the goods. In case of the customer's delay in taking over the goods longer than 30 days, the customer is obliged to pay the supplier a contractual penalty of 10% of the price of goods including VAT and in the case of goods ordered to order, the customer is obliged to pay a contractual penalty of 50 % of the price of goods including VAT.
8. The risk of damage to the goods passes to the customer at the moment when the supplier allows the goods to be handled at his place of business, if he does not provide transport to the customer, or at the moment of handing over the goods to the first carrier at the supplier's place of business if the goods are to be sent to the customer.
9. Ownership of the goods passes to the customer only after full payment of the price of the goods, including all related costs, and after delivery of the goods to the customer, whichever occurs later. Until the acquisition of ownership of the goods, the customer is obliged to ensure the marking of the goods as the exclusive property of the supplier and take all steps to avert any claims or rights raised by third parties against the equipment due to claims of these third parties against the customer or other similar reasons, especially before possible disability in the execution of decisions, execution, insolvency, etc.
10. If the goods are transported to the customer, the customer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier.
11. The provisions of this Article shall apply mutatis mutandis to cases where goods are also delivered as part of the service.
V. The service
1. In the case of service, the place of performance is the location of the serviced equipment if the service is to be performed at the customer, or the supplier's premises if the service is to be provided on equipment that has been transported to the supplier for this purpose.
2. In the case of service at the supplier's premises, the customer is obliged to ensure the transport of the relevant equipment to the supplier and back at his own expense and risk. The supplier bears the risk of damage to the serviced equipment from the moment of its proper acceptance until the moment when it allows the customer to dispose of the equipment at the supplier's premises. The supplier shall be liable for damage caused at a time when he carried risk of damage to the goods, unless he could not avert the damage, especially if it was an obstacle outside his sphere of control, which could not reasonably be expected to take into account when taking over the goods.
3. The customer undertakes to provide the supplier with the necessary cooperation to provide service, in particular to enable the supplier's service technicians, or persons authorized by the supplier access to the serviced equipment during working hours and, if necessary, outside working hours.
4. The customer authorizes the supplier to use new or refurbished parts when servicing.
5. The customer is obliged to take over the performed service work and is not entitled to refuse to take them over.
6. In the event that the customer does not pick up the equipment that was serviced at the supplier's premises, the customer is obliged to pay the supplier a contractual penalty of 0.1% of the service price including VAT for each day of delay. In the event of the customer's delay in taking over more than 30 days, the customer is obliged to pay the supplier a contractual penalty of 10% of the service price, including VAT.
VI. Responsibility for defects
1. The supplier does not provide a warranty unless expressly stated otherwise by the supplier. All warranties concerning in particular the quality, condition of the goods or their suitability for use are excluded. The supplier is not liable for any defects in the goods or defects in connection with the use of the goods and the customer waives any claim against the supplier, unless expressly stated otherwise by the supplier.
2. In the event that the supplier, according to its express statement, provides a warranty, then the following regulation of performance under the rights from liability for defects applies. The provision of a warranty is not considered to be the mere mention of the warranty in the offer, etc., but exclusively the individual agreement on the warranty in the relevant contract.
3. The warranty does not apply to rubber and rubber parts, parts made of similar materials, or wear and tear during normal operation, nor consumables as well as consumables. The warranty also does not apply to parts damaged by handling that were in conflict with the operating instructions, parts damaged by unprofessional operation, parts damaged by the use of consumables not recommended by the manufacturer, or parts damaged by natural disasters, water, floods, fire, electrical network failures, lightning, mechanical forces other than normal operation and handling, exposure to high temperatures or temperature fluctuations, falls or other similar means.
4. In the event that a warranty is provided, the service may only be performed by service technicians, the supplier's employees or persons authorized by him.
5. The warranty provided by the supplier expires in the following cases:
a. if the goods will be operated in contravention of the procedures specified in the operating instructions,
b. if there are defects caused by unprofessional intervention by the customer's employees or third parties, or caused by theft, natural disasters, water, floods, fire, electrical failures, lightning, mechanical forces outside the usual operation and handling, exposure to high temperatures or temperature fluctuations, falls or other similar means,
c. if the customer does not allow the supplier's service staff access to the equipment without good reason,
d. if it is tampered with or repaired by a third party,
e. if the warranty period expires.
6. In the event of a defect in the goods covered by liability for defects according to these GTC, the customer has
a. the right to have the defect remedied by repair; or
b. the right to have the defect remedied by exchanging the goods or delivering the missing item, or
c. the right to a reasonable discount on the purchase price if the defects cannot be remedied; or
d. the right to a refund compared to the return of the goods, if the defects cannot be eliminated and the supplier does not agree to provide a reasonable discount on the purchase price.
The supplier has a choice between the above-mentioned claims, the supplier is entitled to change the selected claim at any time.
7. In the case of an unjustifiably exercised right from liability for defects (unjustifiably reported defect), a special report on the service intervention associated with it will be written by the supplier's service technicians, which will be the basis for invoicing according to the valid price list of the supplier's service.
8. An unjustifiably reported defect is a situation where there is an incorrect adjustment of the goods (i.e. manipulation with the adjustment elements of the goods would be sufficient to eliminate it), as well as defects not covered by the warranty, and situations arising as a result of a quality defect. consumables, caused by non-compliance with recommended materials and procedures, defects caused by unprofessional intervention by the customer's staff or third parties, situations where the parts are damaged by handling that was in conflict with the operating instructions, parts damaged by unprofessional operation, parts damaged by use consumables not recommended by the manufacturer, or parts damaged by natural disasters, water, floods, fire, mechanical forces outside normal operation and handling, exposure to high temperatures or temperature fluctuations, falls or other similar means, as well as situations where the goods function properly.
VII. Withdrawal from the contract
1. The supplier is entitled to withdraw from the relevant contract if:
a. the customer is in arrears with the receipt of the goods for a period longer than 30 days,
b. the customer is in arrears with the payment of any amount to the supplier for a period longer than 30 days.
2. The customer is entitled to withdraw from the relevant contract if:
a. the supplier finds himself in arrears with the fulfillment of the subject of the contract for a period longer than 30 days and does not make a remedy despite the written request of the customer.
3. Withdrawal from the contract terminates all rights and obligations of the parties to the contract. However, withdrawal from the contract does not affect the right to compensation for damages, contractual penalties and other claims, which according to the GTC or due to their nature should last even after the termination of the relevant contract.
4. In the event of the customer's withdrawal from the relevant contract, the payment provided to the supplier (up to a maximum of 50% of the purchase price of the goods or service) on the basis of such a contract shall not be refunded.
5. In the event of withdrawal of the supplier from the contract, the customer agrees to set off the part of the purchase price already paid, resp. prices for service for the payment of a contractual penalty, as well as for a claim for damages or interest on arrears. The supplier is obliged to return the remaining amount to the customer without undue delay, at the latest within 5 days, but he does not have this obligation if the goods have not yet been returned to the supplier if they have already been handed over to the customer. The customer is obliged to return the equipment to the supplier without undue delay, at the latest within 5 days, if it has already been handed over to the supplier.
IX. Protection of personal data
1. For the purpose of implementing the contract, the supplier, as the administrator, processes the customer's personal data within the meaning of Article 6 (1) (a). (c) the GDPR Regulation. If personal data are not provided, the supplier cannot ensure the performance that is the subject of the contract. The customer's personal data may be transferred to carriers in order to ensure performance of the contract, depending on the subject of performance, personal data may also be transferred to third country carriers.
2. Personal data are processed for a period of 10 years. The customer acknowledges that he has the right to access personal data, has the right to request their correction or deletion, restrictions on processing or the right to raise objections under the GDPR Regulation. Mgr. Jakub Houžvic, contact address: Štefánikova 1347, Mladá Boleslav 293 01, email address: firstname.lastname@example.org. The customer also acknowledges that he has the right to file a complaint to the supervisory authority, which is the Úřad pro ochranu osobních údajů (Office for Personal Data Protection), based in Pplk. Sochora 727/27, 170 00 Prague 7 – Holešovice, Czech Republic.
X. Final provisions
1. The Supplier is entitled to change or supplement these GTC, which does not affect the rights and obligations arising during the period of validity of the previous version of the GTC. In the event of a change to the GTC, the changed GTC are binding on the customer from the moment he accepts them in accordance with Article I, paragraph 3 of these GTC.
2. In the event of a conflict between the provisions of the contract concluded between the supplier and the customer and these GTC, the individual provisions in the concluded contract shall prevail.
3. All relations between the supplier and the customer are governed by the laws of the Czech Republic, especially the Civil Code, with the exclusion of conflicting rules of private international law as well as direct rules of private international law, including the exclusion of the Vienna Convention on the International Sale of Goods.
4. The procedure according to the Provision 1757 par. 2 of the Civil Code, i.e. the possibility of recording the agreement in the confirmation of one contracting party with the effects of the concluded contract is excluded.
5. The application of the Provision 1740 par. 3 of the Civil Code is excluded. Acceptance of the offer will be considered exclusively its full acceptance without any changes, additions or additions. Any reply with an amendment or deviation has no effect of accepting the offer. The offer and acceptance require a written form in order to be binding.
6. The supplier and the customer assume the risk of a change of circumstances pursuant to Provision 1765 par. 2 of the Civil Code. A change of circumstances cannot lead to a change of rights and obligations between the supplier and the customer. The right to demand the resumption of negotiations on the contract in the sense of Provision 1765 par. 1 of the Civil Code and the possibility of change or cancellation of the obligation by the court pursuant to Provision 1766 par. 1 of the Civil Code is excluded.
7. The supplier and the customer waive the right to disproportionate reduction in the sense of Provision 1793 et seq. of the Civil Code.
8. The supplier and the customer have agreed that the Provision 1899 par. 2 of the Civil Code shall not apply to the contractual relationship concluded between them.
9. All possible disputes between the supplier and the customer will be finally decided by the general court competent according to the registered office of the supplier.
10. In case of invalidity or ineffectiveness of individual provisions of the GTC, the other provisions of the GTC will not be affected.
11. These general terms and conditions replace all previous general terms and conditions of the supplier.
12. These general terms and conditions are valid from 1. 4. 2022.
FORMICA CZ, s.r.o.