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Date of document version: 26 January 2024
These General Terms and Conditions of Business (hereinafter referred to as "GTC") are an integral part of the contract concluded between either the company ELVAC a.s., ID No.: 25833812, VAT No.: CZ25833812, registered in the Commercial Register kept at the Regional Court in Ostrava, Section B, Insert 2179, with registered office at Hasičská 930/53, Hrabůvka, 700 30 Ostrava, represented by the Chairman of the Board of Directors Ing. Zbyšek Ciompa, telephone number: 597 407 100, electronic address: [email protected], data box: 8y4ptvh, internet address: www.elvac.eu, www.moxa.cz, or the company ELVAC DELIVERY s.r.o, IČ: 26725576, DIČ: CZ26725576, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 87761, with registered office at Hasičská 930/53, Hrabůvka, 700 30 Ostrava, represented by the Managing Director Jaroslav Chýlko, telephone number: 597 407 100, electronic address: [email protected], data box: qej3yym, internet address: www. elvac.eu, (hereinafter referred to as the "Seller") on the one hand, and the Seller's business partner, when this business partner is an entrepreneur, (hereinafter referred to as the "Buyer") on the other hand.
The GTC constitute an indirect contractual arrangement of the contractual relationship between the Seller and the Buyer. The GTC, taken as a whole, constitute the legal framework of such a contractual relationship between the Seller and the Buyer and supersede any prior communications, warranties or agreements between the parties, whether written or oral, relating to those business transactions. In the case of an international business case, the GTC sets out the indirect contractual arrangements together with INCOTERMS and UNIDROID and further provides for conflict of laws and forum.
2.1 All contractual relations relating to the supply of goods and services which are performed during the period of validity of these Terms and Conditions shall be governed by these Terms and Conditions.
2.2 A consumer is a natural person who is not acting within the scope of his trade or other business activity or within the scope of his independent exercise of his profession when concluding and performing a purchase contract with the seller. Legal relations of the Seller with the Consumer not expressly regulated by these GTC shall be governed by the relevant provisions of Act No.
89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended and in force, as well as related regulations.
2.3 An entrepreneur means: a person registered in the Commercial Register, or a person who operates a business on the basis of a trade licence, or a person who operates a business on the basis of a licence other than a trade licence pursuant to special regulations, or a person who operates agricultural production and is registered in the register pursuant to a special regulation. Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the Seller and the Buyer are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code as amended, as well as related regulations. In the event of any differences between the GTC and the individual contract, the text of the contract shall prevail.
2.4 The Buyer is obliged to provide the Seller with the documents of legal personality and authorization to do business (extract from the Commercial Register, VAT registration, trade certificate and number
ID card for natural persons) and in the event of any change, to hand over the documents with updated data without delay.
2.5 If orders and contracts are not signed on behalf of the Buyer by a person whose authority to sign is indicated in the extract from the Commercial Register, the Buyer is obliged to provide the Seller with a power of attorney with an officially certified signature of the statutory representative or representatives, which authorises the relevant person(s) to conclude contracts on behalf of the Buyer's legal entity with the Seller's legal entity.
3.1 An Order is a unilateral legal act of the Buyer addressed to the Seller. The Seller shall only accept a written order (electronic form of order see Article 4) delivered in person, by post or by email to the Seller's registered office.
Each order must contain all the following:
(a) Full identification of the Buyer's entity (business name or first and last name and registered office/residence of the Buyer, VAT number, VAT number if VAT payer, contact person including telephone and e-mail).
b) Code and exact name of the subject of the order according to the Seller's price list.
c) Number of units of the ordered goods.
d) Place and method of fulfilment (personal collection or sending to the address indicated, partial or complete fulfilment only).
e) The name, surname and signature of the person (not valid for internet and e-mail orders) authorised to act for the buyer, or the buyer's stamp.
f) The name and surname of the contact person (if this is not stated, it is assumed that the buyer or any employee of the buyer is authorised to take delivery of the goods.
g) The date of delivery of the goods if the buyer agrees with the seller otherwise than in these general terms and conditions.
3.2 Well in advance of the conclusion of the contract, the Seller shall notify the Buyer of the following
information:
(a) its identity, telephone number, email address and other contact details
b) the designation
(c) the price of the goods or services, or the method of calculating it, including any taxes and charges
(d) the method of payment and the method of delivery and performance
(e) the cost of delivery and whether there will be any additional charges
(f) details of rights arising from defective performance as well as rights under warranty and other conditions for the exercise of those rights
(g) an indication of the duration of the obligation and the conditions for termination of the obligation
(h) details of the functionality of the digital content, including technical protection measures
(i) details of the interoperability of the digital content with hardware and software.
In addition to the above information, the following additional information must be provided to the consumer sufficiently in advance of the conclusion of the contract when dealing by any means of distance communication:
(a) the cost of the means of distance communication, if different from the basic rate
(b) an indication of any obligation to pay a deposit or similar payment, if required
(c) in the case of a contract which is subject to repeated performance, the shortest period of time for which
for which the contract will bind the parties
(d) in the case of a contract concluded for an indefinite period or for which the subject-matter is repeated performance, an indication of the price or the method of determining it for one billing period, which shall always be one month, provided that the price is fixed
(e) in the case of contracts concluded for an indefinite period or for which the subject-matter is a recurring supply, details of any taxes, charges and costs for the supply of the goods or services determined in the manner referred to in point (b),
(f) where the right of withdrawal may be exercised, the conditions, time limit and procedures for exercising that right, as well as the withdrawal form,
(g) an indication that, in the event of withdrawal, the consumer shall bear the cost of returning the goods and, in the case of a contract concluded by means of distance communication, the cost of returning the goods if they cannot be returned by the usual postal means due to their nature
(h) an indication of the obligation to pay a proportion of the price in the event of withdrawal from a contract for the provision of services the performance of which has already begun,
(i) in the case of a contract pursuant to Article 1837(l) of Act No 89/2012 Coll. of the Civil Code, as amended, an indication that the consumer cannot withdraw from the contract or, where applicable, under what conditions his right of withdrawal shall expire,
(j) an indication of the existence, method and conditions for the out-of-court settlement of consumer complaints, including whether a complaint may be addressed to a supervisory or state oversight body
3.3 By submitting an order, the Buyer confirms that he/she has read these GTC, of which the Complaints Procedure forms an integral part, and the terms and conditions of the licence granted, if any, and that he/she agrees to them, in the version valid and effective at the moment of sending the order. The GTC are published on the Seller's website. The Buyer is aware that the purchase of products included in the Seller's commercial offer does not confer any rights to use registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific case by a specific contract.
3.4 On the basis of an order, the Seller shall issue to the Buyer a written "order confirmation" containing the type, quantity and estimated price of the goods which it undertakes to deliver to the Buyer. The written order confirmation shall state that the Customer - Buyer has read and agrees to the GTC. If the Buyer does not submit a written proposal for a change within 3 working days, his order, as recorded in the order confirmation, shall be considered binding for both parties, except in the case where the manufacturer ceases to produce the ordered goods or launches a new version of the goods. All proposals for changes and confirmation thereof must be made in writing.
3.5 When placing an order, the Buyer is entitled to modify the order prior to its dispatch or confirmation.
4.1 If the buyer is a consumer, the proposal for the conclusion of the purchase contract is the placement of the offered goods by the seller on his website, the purchase contract is formed by sending the order
by the consumer buyer and the acceptance of the order by the seller. The Seller shall immediately confirm this acceptance to the Buyer by an informative email to the specified email address, but this confirmation shall not affect the formation of the contract. The written confirmation of the order will state that the customer - buyer has read the GTC and agrees to them. The resulting contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on the basis of legal grounds.
4.2 If the Buyer is an entrepreneur, the proposal for the conclusion of the purchase contract is the order for the goods sent by the Buyer-entrepreneur and the purchase contract itself is concluded at the moment of delivery of the Seller's binding consent to the Buyer-entrepreneur's proposal.
4.3 Relations and any disputes arising under the Contract shall be governed exclusively by the applicable law of the Czech Republic and shall be resolved by the courts of the Czech Republic. This is without prejudice to cases where the purchaser is a consumer and has his/her habitual residence in a state other than the Czech Republic and choice of law or prorogation of court will not be permitted.
4.5 The concluded contract shall be archived by the Seller for a period of five years from its conclusion, unless a longer period is specified by the applicable legislation, for the purpose of its successful execution and is not
Information on the various technical steps leading to the conclusion of the contract is provided in these terms and conditions, where the process is clearly described. The buyer has the opportunity to check the order before actually sending it.
and correct the order if necessary. These T&C are available on the Seller's individual web portals and can thus be archived and reproduced by the Buyer.
4.6 The Buyer has the option of sending the order by post to the Seller's address specified in these
GTC, by e-mail to the Seller's electronic address specified in these GTC, or via the Seller's electronic ordering system.
4.7 When using the electronic ordering system, the Buyer is obliged, in addition to the requirements set out in Article 3.1 of these GTC, to use the identification password assigned to him by the Seller at his request, which serves to verify the identity of the Buyer.
4.8 If the order does not contain the elements according to the previous article, it is considered incomplete. In this case, the Seller's company will attempt to contact the Buyer and invite him to eliminate the deficiencies of the order and to refine and/or complete it, if necessary. The order shall be deemed complete upon receipt by the Seller of the information clarifying and/or supplementing the order.
4.9 Telephone calls to the Seller's company may be monitored
4.10 The Seller and the Buyer agree that the electronic form of the order and the electronic order confirmation are equivalent to the written form of these acts and are equally binding on both parties.
4.11 After the electronic order has been placed, the Buyer shall receive an electronic order confirmation in accordance with clause 3 of these Conditions.
4.12 The Buyer declares that placing an electronic order is binding on the Buyer.
4.13 The Buyer is entitled to change or cancel the electronic order only in writing within 3 working days of placing the order, if the goods have not yet been invoiced by the Seller.
4.14 The cost of using remote means of communication (telephone, internet, etc.) to complete the order is charged to the Buyer by the individual operators at the normal rate, depending on the tariff of the telecommunications services used by the Buyer.
5.1 The prices of the goods are determined by the Seller's price list valid on the date of the order confirmation. The Buyer's order shall be delivered to the Seller, in which the Goods, their quantity and price corresponding to the price of the Goods offered (list price) shall be sufficiently specified,
a price agreement is concluded within the meaning of the provisions of Act No. 526/1990 Coll., on prices, as amended.
5.2 If the customer does not indicate on the order that he is ordering the goods at the prices according to a specific catalogue or price list, it is irrefutably assumed that he is ordering at the prices indicated in the seller's information system. If the Buyer states in the order that he/she is ordering according to a catalogue - price list and the actual price of the goods is different from the stated price, and if he/she has not yet been informed of this change, the Seller is obliged to inform the Buyer additionally of this fact in an appropriate manner and to find out whether the order is still valid even if the price is increased.
5.3 The prices stated in the price list or catalogue are exclusive of value added tax, transport and insurance.
5.4 The Seller may grant discounts to the Buyer from the list prices.
5.5 The purchase price is the total price of the goods and services including VAT as stated in the order confirmation.
5.6 The Seller shall have the right to set all categories of prices for the Goods freely without any restriction and to change such prices at any time without prior notice to the Buyer.
5.7 If there is a price change between the time of the Order Confirmation and the time of the invoice by the Seller which changes the purchase price stated in the Order Confirmation, the Seller shall send the Buyer a new Order Confirmation with all changes. If the Buyer does not submit a written proposal for the change within 3 working days, his order, as recorded in the new order confirmation, shall be considered binding for both parties.
5.8 The Buyer undertakes to pay the Seller the purchase price. Payment shall be understood as the moment of crediting the relevant amount to the Seller's bank account. The Seller may provide the Buyer with the option of payment after the actual delivery of the goods - these payment terms must be defined in writing - by special agreement. The Seller shall then invite the Buyer to pay the purchase price by issuing an invoice with a due date corresponding to this special agreement.
5.9 The buyer has the option to pay the purchase price in one of the following ways:
Payment in cash on receipt of goods and services - the Buyer shall pay the Seller in cash for the goods and services on the basis of an invoice issued by the Seller or on the basis of a cash receipt issued by the Seller.
Payment by bank transfer prior to delivery of goods and services based on an advance invoice. V
in the case of a wire transfer, the purchase price shall be deemed to have been paid at the moment of crediting the relevant amount to the Seller's account indicated on the tax document.
Cash on delivery - the goods can be sent by cash on delivery service, if so stated in the buyer's order. This service is charged at the amount according to the valid price list.
Payment by bank transfer after delivery of goods and services - the seller may, at his discretion, provide the buyer with more favorable payment terms, these are addressed in the form of a clause to the contract.
5.10 The invoice or tax document shall contain at least the following elements:
(a) Invoice designation and invoice number,
b) Name and registered office of the company entitled and obliged, business name and address,
c) the number of the purchase order (purchase contract) under which performance was carried out,
d) the subject of the delivery and the date of performance,
(e) the full name of the monetary institution and the account into which payment is to be made,
(f) the price per unit quantity and other pricing details,
(g) the date of issue of the invoice and its due date,
(h) the total amount invoiced,
(i) the tax clause,
(j) the date of the taxable transaction.
5.11 Payments made prior to the completion of the delivery shall not constitute an advance payment, the waiver of which would entitle withdrawal from the contract, but shall be partial payments on account of the total purchase price. The Buyer is not entitled to withhold payments. A set-off is only permissible against a legally established claim. The Seller is entitled to set off its claims against such claims of the Buyer as the Buyer has against the Seller, irrespective of the maturity of the claims.
5.12 In the event of a material deterioration in the Buyer's financial circumstances and in the event of default by the Buyer in the payment of any claim of the Seller, the Seller shall be entitled to declare all its existing claims immediately due and payable and to demand payment. In such cases, the Seller may withhold unfulfilled deliveries under all purchase contracts without breach of contract or right of withdrawal.
5.13 The Seller shall have the right to cancel existing contracts after giving prior notice and a reasonable additional period of time for payment. This does not apply if the buyer provides sufficient security. If the Seller cancels the contract for non-payment of the outstanding debt by the Buyer, the Buyer is obliged to compensate the Seller for all damages and costs incurred in connection therewith. In the case of payments not made on time, the seller may, without prejudice to any other rights to which he is entitled, claim compensation for damages resulting from the delay in full, but not less than the usual interest and commission charges charged by banks, in particular the seller's bank. In addition, the seller shall be entitled to charge default interest for the period from the due date of the debt until payment of the debt in an amount exceeding by 10 % the CNB discount rate applicable on the date of payment of the debt.
5.14 In the absence of a prior express agreement, the Seller reserves the right to decide whether to accept bills of exchange, cheques and other vouchers presented by the Buyer to secure the receivable in a particular case. The costs of discounting and collection shall be borne by the Buyer, unless otherwise specified in the order confirmation. All means of payment of this kind are accepted only in the interest of the reliable fulfilment of the monetary obligation by the Buyer.
6.1 Delivery time means the time between the execution of the order confirmation and the dispatch of the goods from the Seller to the Buyer.
6.2 The delivery period for goods that are not in stock is subject to receipt of the goods from the manufacturer. The Buyer cannot claim compensation for damages arising from the non-delivery of the goods from the manufacturer to the Seller. The delivery period shall be extended proportionately in cases where delivery is delayed due to unforeseen events, in particular shortages of energy or raw materials, strikes, lockouts, official measures or delays or failure of sub-suppliers. If the impediments last longer than one month, or if the Seller's or its subcontractors' business is shut down, or if there are longer-term exceptional events beyond the Seller's control, the Seller shall be entitled to withdraw from the contract.
6.3 The Seller and the Buyer agree on a standard delivery period of no more than 40 working days from order confirmation. Compliance with the delivery period is subject to the fulfilment of the Buyer's contractual obligations. Exceeding this deadline is not a serious (material) breach of contract, but entitles the Buyer to withdraw from the contract without any penalties. If the seller is in default of delivery for more than one month, the buyer is only entitled to withdraw from the contract after a reasonable (but at least 14 days) additional period has elapsed.
6.5 A tax document (invoice) and a delivery note are issued and sent to the Buyer at the same time as the delivery of the goods.
6.6 Partial deliveries are permissible unless expressly agreed otherwise. Withdrawals (refinements) of individual partial deliveries shall be staggered as evenly as possible in time and quantity. If the scheduling and acceptance are not in accordance with the above provisions, the seller shall be entitled to withdraw from the contract or claim damages without prejudice to other rights.
6.7 Any requests by the Buyer to amend the purchase contract, if accepted by the Seller, shall extend the agreed delivery period accordingly. If the Buyer's requests for a change in the quality of the products are accepted, the Seller is entitled to a price adjustment. In such a case, the Seller shall be exempt from liability for defects resulting from non-standard technological procedures in order to meet the Buyer's requirements.
6.8 The Seller shall be entitled to charge a contractual penalty of 0.1 % of the price of the goods not removed for each decade of delay for the Buyer's delay in fulfilling the obligation to remove the goods, without prejudice to its other claims (in particular the claim for compensation for storage costs and the claim for full compensation for damages).
7.1 The object of performance must be of the quality required by the Purchaser in the validly concluded purchase contract, otherwise according to the relevant technical standard or the characteristics usual for the relevant type of goods. The parties may agree in the purchase contract on deviations from the standard quality with limited or unlimited validity and reflect the deviation from the standard quality in the price agreement. Goods other than software are warranted by the Seller in accordance with applicable law to the extent specified in the delivery note for the goods. The Seller may provide a contractual, so-called extended warranty for the subject matter of the performance, except for the installation of the software, the scope and provision of which shall be governed by the terms and conditions set out in this Agreement.
7.2 The warranty period shall commence on the date of acceptance of the subject of performance by the Buyer, i.e. on the date specified on the delivery note, which also serves as the warranty certificate. The warranty period is extended by the period for which
the buyer has been unable to use the object of performance properly due to the occurrence of a defect.
7.3 The warranty does not apply to defects caused by improper operation, unprofessional or unreasonable handling. The warranty also does not cover damage to the object of performance due to excessive mechanical wear and tear. The warranty does not cover the service life of consumables.
7.4 Claims for quantity or apparent quality defects may be made within eight days of receipt of delivery. A claim is deemed timely if it is sent on the last day of the deadline.
7.5 The warranty does not apply to cases of malfunction of the original manufacturer's installed
software product caused by the intervention of a third party or changes caused by a third party.
settings. A change of settings means any change in system settings of the software products installed by the manufacturer or seller (so-called OEM software), installation of a different or additional software product, or installation of drivers by the purchaser or a third party.
7.6 The warranty also does not cover defects caused by the use of incorrect or defective software, the use of consumables other than those expressly recommended by the manufacturer. The Seller shall not be liable for any loss, damage or misuse of data stored on the storage devices.
7.7 The warranty does not cover damages resulting from natural disaster, violent damage, weather, lightning damage, or operation under extremely unusual conditions.
7.8 The warranty shall be void in the event of unauthorized tampering with the object of performance by a person who has not been expressly authorized by the Seller to perform the tampering.
7.9 The warranty shall be void if the equipment is used in violation of the technical specification (e.g. using other than recommended supply voltages, etc.).
7.10 In the case of warranty and out-of-warranty repairs of HW defects of the subject of performance, the labour and materials are warranted for a period of 6 months.
8.1 The Purchaser shall claim by written notice (email) containing as detailed a specification as possible of the defect found in the object of performance. The place of complaint shall be the Seller's premises designated for this purpose or a place designated by contract.
8.2 In the event of a complaint against the object of performance, the Buyer is obliged to prove the purchase of the object of performance from the Seller by means of an invoice/delivery note/receipt (with the serial number of the goods complained of).
8.3 In cases of a complaint about the functionality of a PC system, servers or any other product of the Seller, the complaint can be filed with the Seller by telephone at the telephone numbers provided for this purpose. When making a claim, the serial number of the PC system, server or other product must be reported (see warranty
the name and telephone number of the Buyer's contact person). The Seller shall then ensure that the complaint is assessed and, in agreement with the Buyer, take steps to remedy any defect in accordance with the other provisions of this Agreement and its clauses.
8.4 Due to the risk of possible damage to the object of performance during transport, the Seller is not obliged to accept for complaint an object of performance that is not packed in the original packaging (the original packaging from an identical piece of the object of performance may be considered as the original packaging) or in packaging that provides the same protection as the original packaging. Furthermore, the Seller shall not be obliged to accept the object of fulfilment for the settlement of the claim if the Buyer does not hand it over with all parts and accessories.
8.5 If the above provisions are complied with, the Seller's authorised person shall take over the object of fulfilment for the settlement of the claim. The Buyer shall be informed of the result of the complaint in the manner agreed with the Seller (by telephone, in writing) within 1 week of the receipt of the object of fulfilment for complaint handling. In the event of the necessity to assess the defects of the goods by an authorised representative of the manufacturer, the Seller shall ensure the assessment of the legitimacy of the claim within 2 weeks from receipt of the subject of performance.
8.6 The Seller shall not be liable for any loss of data stored on the data carriers of the object of performance during the claim or out-of-warranty repairs. The data must be backed up against possible loss before handing over the object of performance for claim or repair.
9.1 In the event of a defect in the object of performance covered by the warranty pursuant to these General Terms and Conditions, the Seller shall remedy the defect by repairing or replacing the defective part with a part of the same type or replacing it with another part of the same type or replacing the object of performance with a faultless one, at a service centre
the Seller, or for the subject of performance specified below, at the place of installation of the subject of performance at the Buyer's premises. The decision on how to remove the defect is up to the Seller. The Seller is entitled to use a third party to provide warranty service.
9.2 Warranty service for the Seller's own products is provided by the Seller as standard according to the type of equipment. The terms and conditions of above-standard service must be agreed in writing when concluding a separate service contract.
9.3 For complete PC systems, the Seller provides the following types of HW warranty service:
a) Standard service (ELVAC STANDARD): warranty repair of HW defects is carried out at the nearest service centre of the Seller. Service intervention is initiated immediately, at the latest within 2 working days after delivery of the claimed goods by the Buyer to the service centre.
b) Extended Service (ELVAC ON SITE): warranty repair of HW defects is carried out throughout the warranty period at the Buyer's installation site. The service intervention is initiated within 5 working days after notification of the claim by the buyer.
c) Special service (ELVAC NEXT BUSINESS DAY): warranty repair of HW defects is carried out throughout the warranty period at the Buyer's place of installation. Service intervention is initiated no later than the second working day after the Buyer's notification of the claim.
Special service (ELVAC NONSTOP): warranty repair of HW defects is carried out throughout the warranty period at the buyer's place of installation. The service intervention is initiated within 8 hours after the notification of the claim by the buyer.
9.4 Standard warranty service is included in the purchase price of the complete PC system. Extended service conditions including extended warranty are always invoiced together with the delivered PC system and a special contract is always created for them.
9.5 The performance of warranty service at the place of installation (applies to 9.3 b) and 9.3 c)) at the Buyer's site is limited territorially to the territory of the Czech Republic, unless otherwise contractually agreed.
9.6 Other service conditions are provided by the Seller to the Buyer on the basis of a separate contract. The Seller shall carry out warranty service at the place of installation of the object of performance at the Buyer's place of performance outside the cases listed above. In this case, the Buyer undertakes to pay in cash or by bank transfer to the Seller the costs of the service intervention in the form of a service fee for the technician's trip in the amount specified in the Seller's current price list of services.
9.7 The above conditions for warranty service at the Buyer's place of installation apply to the base unit including the peripherals, monitor and keyboard built into the base unit by the Seller, which together constitute the subject of performance supplied by the Seller.
9.8 For defects whose manifestations cannot be reproduced (randomly occurring defects), the time for diagnosis and repair of the defect is determined by agreement between the authorized persons of the Seller and the Buyer. If it is not possible to remedy such defect at the Buyer's premises, the Seller shall remedy such defect after the relevant tests have been carried out at a service centre.
9.9 The Buyer undertakes to create the conditions for the Seller or its authorized body to carry out the service procedure successfully (to allow access to the premises, access to the equipment, access to the system, presence of its representative, etc.), as well as the conditions for the formalities necessary for the repair of the claimed defect.
10.1 If the delivery of the goods has not yet been completed, the purchaser may withdraw from the purchase contract within one month from the date of its conclusion. Withdrawal from the purchase contract must be made in writing and delivered to the Seller's address specified at the beginning of these GTC.
10.2 In case of a valid withdrawal from the purchase contract, the Buyer is obliged to return the goods (object of purchase) received under the purchase contract to the Seller's address specified in the introduction to these GTC within 14 days from the date of delivery of the withdrawal to the Seller.
10.3 In case of a valid withdrawal from the purchase contract, the Seller is obliged to return the price paid to the Buyer within 30 days from the date of delivery of the withdrawal to the Seller.
10.4 In the event of withdrawal from the purchase contract, the goods must be returned to the seller in their original and unaltered condition, i.e. The goods shall not be in a condition where: the goods show no obvious signs of use; the goods show no signs of physical damage; the goods are not unusable for the purpose for which they were intended for sanitary or hygienic reasons; the nature of the goods has not been fundamentally altered by thermal, chemical or physical influences; the goods have no other defect which did not exist in the goods at the time of delivery and which prevents the proper use of the goods for their intended purpose.
10.5 If the goods (the subject matter of the purchase) are not returned to the Seller in their original condition, the Seller shall be entitled to deduct the reasonable and demonstrable costs of restoring the goods to their original condition or of repairing the goods from the purchase price to be returned to the Buyer. If these costs cannot be deducted from the purchase price (e.g. because payment has not yet been made), the seller is entitled to claim these costs from the buyer in the event of withdrawal from the contract.
10.6 If the Buyer withdraws from the Purchase Contract, the Seller may deduct from the Purchase Price to be refunded to the Buyer the reasonable and demonstrable costs incurred by the Seller in connection with the return of the Goods (i.e. the cost of postage if the Seller is liable for it, the cost of repackaging the Goods and the reasonable cost of transporting the Goods). If these costs cannot be deducted from the purchase price (e.g. because payment has not yet been made), the seller is entitled to claim these costs from the buyer in the event of withdrawal.
10.7 If the Buyer withdraws from the Purchase Contract before paying the Purchase Price to the Seller, the Seller shall be entitled to claim the reasonable costs incurred for the transport of the Goods if delivery of the Goods to the address specified by the Buyer has been agreed.
11.1 The Buyer shall acquire title to the Goods once the full purchase price has been paid to the Seller. The Seller retains title to the goods delivered until all claims of the Seller against the Buyer relating to the delivery have been satisfied (whereby payments by cheque or bill of exchange are only satisfied by payment). The buyer may only resell the goods under reservation of title in the ordinary course of business. The buyer is not entitled to dispose of the goods other than by selling them (in particular by pledging them or by guaranteeing them to third parties). When selling the goods subject to retention of title to third parties, the buyer must reserve title to them. All claims due to him from resale or otherwise,
he shall assign them to the seller in advance for security and shall inform his debtors thereof. If the seller's claims are due, the buyer shall deposit the amounts collected separately and pay them to the seller immediately. The buyer must immediately notify the seller of any third-party interference with the goods subject to retention of title or with the assigned receivables.
The buyer shall bear the costs of any intervention.
11.2 In the event of non-compliance with the payment terms, the filing of insolvency proceedings, the suspension of payments and the liquidation of the company, the Buyer's right to process and sell the goods subject to retention of title and to collect the receivables assigned by the Seller shall cease.
In this case, the seller is entitled to take possession of the goods. If the seller does so, this shall only have the effect of rescission if the seller clearly and expressly declares this.
Storage, transport and other costs incurred as a result of repossession shall be borne by the buyer. Furthermore, the buyer is obliged in this case to notify the seller of the above-mentioned agreed costs upon request.
11.3 The risk of damage to the goods passes to the buyer at the moment when he can handle the goods. If the acceptance of the goods is delayed for any reason, the risk of damage or loss of the object of the contract passes to the buyer at the moment of sending the notice to the buyer that the goods are ready for collection.
12.1 The Buyer acknowledges that the individual trademarks are the property of the respective companies and agrees to respect all rights arising from such ownership.
13.1 If events occur which cannot be foreseen at the time of the conclusion of the purchase contract and which cause the Seller to be prevented from fulfilling its contractual obligations, the Seller shall be entitled to postpone the time limit for performance by the period for which this hindrance has lasted and by the time necessary to resume normal operations.
13.2 In all cases of circumstances excluding liability (including uncaused delays in sub-deliveries, uncaused transport complications and force majeure events that interfere with the performance of the Seller's contractual obligations), the Seller shall be entitled to withdraw from the Contract without being obliged to compensate the Buyer.
13.3 The Buyer may request a statement from the Seller as to whether it will withdraw from the contract or whether it will perform within a reasonable alternative delivery period. If the Seller does not promptly make a statement, the Buyer shall be entitled to withdraw from the contract. The buyer may not refuse partial performance that has been carried out in the meantime.
14.1 All relationships not regulated in these General Terms and Conditions shall be governed by the relevant provisions of the Civil Code as amended. The Seller reserves the right to make modifications to these conditions without prior notice.
14.2 The eventual invalidity of any provision of these General Terms and Conditions shall not affect the validity of the other provisions. Those provisions of the GTC which are in conflict with the provisions on consumer protection shall only apply to the commercially binding relations between the Seller and the Buyer with the status of an entrepreneur.
14.3 By providing and publishing these GTC, all provisions of the obligation to provide information to the consumer within the meaning of Act No. 89/2012 Coll. of the Civil Code as amended are fulfilled.
The Buyer hereby grants the Seller consent to the collection, processing and storage of his/her personal data (name, surname, residence, date of birth) in the records and data files of the Seller in accordance with the relevant provisions of Act No. 101/2000 Coll.
number, age, sex, numbers of documents submitted, business name, registered office/place of business, registered office of the organisational unit, name, surname and residence of persons authorised to act on behalf of the legal entity, identification number, tax identification number, telephone number, password, contact telephone number, e-mail address, bank account and other data legitimately obtained about the Buyer.
16.1 When registering on the Seller's E-SHOP, the Buyer must provide the following information.
If it is a natural person:
(a) Name and surname,
b) Password,
c) address (street, city and postcode)
d) full postal address of the electronic mail,
e) telephone contact.
This information is necessary to identify the buyer. It is used to process and account for the buyer's payment for the goods purchased, for the correct delivery of the goods and for communication with the buyer.
If the buyer is a legal entity and wishes to pay by transfer from the company's bank account, the following company details must be provided:
(a) Company name,
b) Company ID number,
c) VAT number,
d) name of the contact person,
f) password,
g) address (street, city and postcode)
(h) the full postal address of the e-mail address,
(e) telephone contact.
These data will enable the Seller to carry out the necessary accounting operations, to draw up the tax document usually required by both parties, or to identify the payment made by the Buyer by bank transfer.
In order to prevent the buyer from having to re-enter the registration data each time he makes a purchase on the E-SHOP, they are stored in our database where they are protected from misuse. During the use of the E-SHOP, the buyer's orders are collected. This is necessary to ensure the delivery of goods, the handling of
complaints, etc. Purchase data is stored in a secure database and is not disclosed to third parties.
16.2 The Buyer's personal data within the E-SHOP is confidential and is not provided to any entities outside the E-SHOP, with the exception of payment partners, which may be e.g. banks, but this is always only in the context of one specific payment using these services. The E-SHOP does not sell, rent or otherwise provide the Buyer's data to any third party.
16.3 By using the E-SHOP online shop, the buyer agrees to the collection and use of information about the buyer and his/her purchases. The rules for handling this data are described in this document. If they are changed in the future, the details of the new rules will be.
Date of document version: 26 January 2024
These General Terms and Conditions of Business (hereinafter referred to as "GTC") are an integral part of the contract concluded between either the company ELVAC a.s., ID No.: 25833812, VAT No.: CZ25833812, registered in the Commercial Register kept at the Regional Court in Ostrava, Section B, Insert 2179, with registered office at Hasičská 930/53, Hrabůvka, 700 30 Ostrava, represented by the Chairman of the Board of Directors Ing. Zbyšek Ciompa, telephone number: 597 407 100, electronic address: [email protected], data box: 8y4ptvh, internet address: www.elvac.eu, www.moxa.cz, or the company ELVAC DELIVERY s.r.o, IČ: 26725576, DIČ: CZ26725576, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 87761, with registered office at Hasičská 930/53, Hrabůvka, 700 30 Ostrava, represented by the Managing Director Jaroslav Chýlko, telephone number: 597 407 100, electronic address: [email protected], data box: qej3yym, internet address: www. elvac.eu, (hereinafter referred to as the "Seller") on the one hand, and the Seller's business partner, when this business partner is an entrepreneur, (hereinafter referred to as the "Buyer") on the other hand.
The GTC constitute an indirect contractual arrangement of the contractual relationship between the Seller and the Buyer. The GTC, taken as a whole, constitute the legal framework of such a contractual relationship between the Seller and the Buyer and supersede any prior communications, warranties or agreements between the parties, whether written or oral, relating to those business transactions. In the case of an international business case, the GTC sets out the indirect contractual arrangements together with INCOTERMS and UNIDROID and further provides for conflict of laws and forum.
2.1 All contractual relations relating to the supply of goods and services which are performed during the period of validity of these Terms and Conditions shall be governed by these Terms and Conditions.
2.2 A consumer is a natural person who is not acting within the scope of his trade or other business activity or within the scope of his independent exercise of his profession when concluding and performing a purchase contract with the seller. Legal relations of the Seller with the Consumer not expressly regulated by these GTC shall be governed by the relevant provisions of Act No.
89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended and in force, as well as related regulations.
2.3 An entrepreneur means: a person registered in the Commercial Register, or a person who operates a business on the basis of a trade licence, or a person who operates a business on the basis of a licence other than a trade licence pursuant to special regulations, or a person who operates agricultural production and is registered in the register pursuant to a special regulation. Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the Seller and the Buyer are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code as amended, as well as related regulations. In the event of any differences between the GTC and the individual contract, the text of the contract shall prevail.
2.4 The Buyer is obliged to provide the Seller with the documents of legal personality and authorization to do business (extract from the Commercial Register, VAT registration, trade certificate and number
ID card for natural persons) and in the event of any change, to hand over the documents with updated data without delay.
2.5 If orders and contracts are not signed on behalf of the Buyer by a person whose authority to sign is indicated in the extract from the Commercial Register, the Buyer is obliged to provide the Seller with a power of attorney with an officially certified signature of the statutory representative or representatives, which authorises the relevant person(s) to conclude contracts on behalf of the Buyer's legal entity with the Seller's legal entity.
3.1 An Order is a unilateral legal act of the Buyer addressed to the Seller. The Seller shall only accept a written order (electronic form of order see Article 4) delivered in person, by post or by email to the Seller's registered office.
Each order must contain all the following:
(a) Full identification of the Buyer's entity (business name or first and last name and registered office/residence of the Buyer, VAT number, VAT number if VAT payer, contact person including telephone and e-mail).
b) Code and exact name of the subject of the order according to the Seller's price list.
c) Number of units of the ordered goods.
d) Place and method of fulfilment (personal collection or sending to the address indicated, partial or complete fulfilment only).
e) The name, surname and signature of the person (not valid for internet and e-mail orders) authorised to act for the buyer, or the buyer's stamp.
f) The name and surname of the contact person (if this is not stated, it is assumed that the buyer or any employee of the buyer is authorised to take delivery of the goods.
g) The date of delivery of the goods if the buyer agrees with the seller otherwise than in these general terms and conditions.
3.2 Well in advance of the conclusion of the contract, the Seller shall notify the Buyer of the following
information:
(a) its identity, telephone number, email address and other contact details
b) the designation
(c) the price of the goods or services, or the method of calculating it, including any taxes and charges
(d) the method of payment and the method of delivery and performance
(e) the cost of delivery and whether there will be any additional charges
(f) details of rights arising from defective performance as well as rights under warranty and other conditions for the exercise of those rights
(g) an indication of the duration of the obligation and the conditions for termination of the obligation
(h) details of the functionality of the digital content, including technical protection measures
(i) details of the interoperability of the digital content with hardware and software.
In addition to the above information, the following additional information must be provided to the consumer sufficiently in advance of the conclusion of the contract when dealing by any means of distance communication:
(a) the cost of the means of distance communication, if different from the basic rate
(b) an indication of any obligation to pay a deposit or similar payment, if required
(c) in the case of a contract which is subject to repeated performance, the shortest period of time for which
for which the contract will bind the parties
(d) in the case of a contract concluded for an indefinite period or for which the subject-matter is repeated performance, an indication of the price or the method of determining it for one billing period, which shall always be one month, provided that the price is fixed
(e) in the case of contracts concluded for an indefinite period or for which the subject-matter is a recurring supply, details of any taxes, charges and costs for the supply of the goods or services determined in the manner referred to in point (b),
(f) where the right of withdrawal may be exercised, the conditions, time limit and procedures for exercising that right, as well as the withdrawal form,
(g) an indication that, in the event of withdrawal, the consumer shall bear the cost of returning the goods and, in the case of a contract concluded by means of distance communication, the cost of returning the goods if they cannot be returned by the usual postal means due to their nature
(h) an indication of the obligation to pay a proportion of the price in the event of withdrawal from a contract for the provision of services the performance of which has already begun,
(i) in the case of a contract pursuant to Article 1837(l) of Act No 89/2012 Coll. of the Civil Code, as amended, an indication that the consumer cannot withdraw from the contract or, where applicable, under what conditions his right of withdrawal shall expire,
(j) an indication of the existence, method and conditions for the out-of-court settlement of consumer complaints, including whether a complaint may be addressed to a supervisory or state oversight body
3.3 By submitting an order, the Buyer confirms that he/she has read these GTC, of which the Complaints Procedure forms an integral part, and the terms and conditions of the licence granted, if any, and that he/she agrees to them, in the version valid and effective at the moment of sending the order. The GTC are published on the Seller's website. The Buyer is aware that the purchase of products included in the Seller's commercial offer does not confer any rights to use registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific case by a specific contract.
3.4 On the basis of an order, the Seller shall issue to the Buyer a written "order confirmation" containing the type, quantity and estimated price of the goods which it undertakes to deliver to the Buyer. The written order confirmation shall state that the Customer - Buyer has read and agrees to the GTC. If the Buyer does not submit a written proposal for a change within 3 working days, his order, as recorded in the order confirmation, shall be considered binding for both parties, except in the case where the manufacturer ceases to produce the ordered goods or launches a new version of the goods. All proposals for changes and confirmation thereof must be made in writing.
3.5 When placing an order, the Buyer is entitled to modify the order prior to its dispatch or confirmation.
4.1 If the buyer is a consumer, the proposal for the conclusion of the purchase contract is the placement of the offered goods by the seller on his website, the purchase contract is formed by sending the order
by the consumer buyer and the acceptance of the order by the seller. The Seller shall immediately confirm this acceptance to the Buyer by an informative email to the specified email address, but this confirmation shall not affect the formation of the contract. The written confirmation of the order will state that the customer - buyer has read the GTC and agrees to them. The resulting contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on the basis of legal grounds.
4.2 If the Buyer is an entrepreneur, the proposal for the conclusion of the purchase contract is the order for the goods sent by the Buyer-entrepreneur and the purchase contract itself is concluded at the moment of delivery of the Seller's binding consent to the Buyer-entrepreneur's proposal.
4.3 Relations and any disputes arising under the Contract shall be governed exclusively by the applicable law of the Czech Republic and shall be resolved by the courts of the Czech Republic. This is without prejudice to cases where the purchaser is a consumer and has his/her habitual residence in a state other than the Czech Republic and choice of law or prorogation of court will not be permitted.
4.5 The concluded contract shall be archived by the Seller for a period of five years from its conclusion, unless a longer period is specified by the applicable legislation, for the purpose of its successful execution and is not
Information on the various technical steps leading to the conclusion of the contract is provided in these terms and conditions, where the process is clearly described. The buyer has the opportunity to check the order before actually sending it.
and correct the order if necessary. These T&C are available on the Seller's individual web portals and can thus be archived and reproduced by the Buyer.
4.6 The Buyer has the option of sending the order by post to the Seller's address specified in these
GTC, by e-mail to the Seller's electronic address specified in these GTC, or via the Seller's electronic ordering system.
4.7 When using the electronic ordering system, the Buyer is obliged, in addition to the requirements set out in Article 3.1 of these GTC, to use the identification password assigned to him by the Seller at his request, which serves to verify the identity of the Buyer.
4.8 If the order does not contain the elements according to the previous article, it is considered incomplete. In this case, the Seller's company will attempt to contact the Buyer and invite him to eliminate the deficiencies of the order and to refine and/or complete it, if necessary. The order shall be deemed complete upon receipt by the Seller of the information clarifying and/or supplementing the order.
4.9 Telephone calls to the Seller's company may be monitored
4.10 The Seller and the Buyer agree that the electronic form of the order and the electronic order confirmation are equivalent to the written form of these acts and are equally binding on both parties.
4.11 After the electronic order has been placed, the Buyer shall receive an electronic order confirmation in accordance with clause 3 of these Conditions.
4.12 The Buyer declares that placing an electronic order is binding on the Buyer.
4.13 The Buyer is entitled to change or cancel the electronic order only in writing within 3 working days of placing the order, if the goods have not yet been invoiced by the Seller.
4.14 The cost of using remote means of communication (telephone, internet, etc.) to complete the order is charged to the Buyer by the individual operators at the normal rate, depending on the tariff of the telecommunications services used by the Buyer.
5.1 The prices of the goods are determined by the Seller's price list valid on the date of the order confirmation. The Buyer's order shall be delivered to the Seller, in which the Goods, their quantity and price corresponding to the price of the Goods offered (list price) shall be sufficiently specified,
a price agreement is concluded within the meaning of the provisions of Act No. 526/1990 Coll., on prices, as amended.
5.2 If the customer does not indicate on the order that he is ordering the goods at the prices according to a specific catalogue or price list, it is irrefutably assumed that he is ordering at the prices indicated in the seller's information system. If the Buyer states in the order that he/she is ordering according to a catalogue - price list and the actual price of the goods is different from the stated price, and if he/she has not yet been informed of this change, the Seller is obliged to inform the Buyer additionally of this fact in an appropriate manner and to find out whether the order is still valid even if the price is increased.
5.3 The prices stated in the price list or catalogue are exclusive of value added tax, transport and insurance.
5.4 The Seller may grant discounts to the Buyer from the list prices.
5.5 The purchase price is the total price of the goods and services including VAT as stated in the order confirmation.
5.6 The Seller shall have the right to set all categories of prices for the Goods freely without any restriction and to change such prices at any time without prior notice to the Buyer.
5.7 If there is a price change between the time of the Order Confirmation and the time of the invoice by the Seller which changes the purchase price stated in the Order Confirmation, the Seller shall send the Buyer a new Order Confirmation with all changes. If the Buyer does not submit a written proposal for the change within 3 working days, his order, as recorded in the new order confirmation, shall be considered binding for both parties.
5.8 The Buyer undertakes to pay the Seller the purchase price. Payment shall be understood as the moment of crediting the relevant amount to the Seller's bank account. The Seller may provide the Buyer with the option of payment after the actual delivery of the goods - these payment terms must be defined in writing - by special agreement. The Seller shall then invite the Buyer to pay the purchase price by issuing an invoice with a due date corresponding to this special agreement.
5.9 The buyer has the option to pay the purchase price in one of the following ways:
Payment in cash on receipt of goods and services - the Buyer shall pay the Seller in cash for the goods and services on the basis of an invoice issued by the Seller or on the basis of a cash receipt issued by the Seller.
Payment by bank transfer prior to delivery of goods and services based on an advance invoice. V
in the case of a wire transfer, the purchase price shall be deemed to have been paid at the moment of crediting the relevant amount to the Seller's account indicated on the tax document.
Cash on delivery - the goods can be sent by cash on delivery service, if so stated in the buyer's order. This service is charged at the amount according to the valid price list.
Payment by bank transfer after delivery of goods and services - the seller may, at his discretion, provide the buyer with more favorable payment terms, these are addressed in the form of a clause to the contract.
5.10 The invoice or tax document shall contain at least the following elements:
(a) Invoice designation and invoice number,
b) Name and registered office of the company entitled and obliged, business name and address,
c) the number of the purchase order (purchase contract) under which performance was carried out,
d) the subject of the delivery and the date of performance,
(e) the full name of the monetary institution and the account into which payment is to be made,
(f) the price per unit quantity and other pricing details,
(g) the date of issue of the invoice and its due date,
(h) the total amount invoiced,
(i) the tax clause,
(j) the date of the taxable transaction.
5.11 Payments made prior to the completion of the delivery shall not constitute an advance payment, the waiver of which would entitle withdrawal from the contract, but shall be partial payments on account of the total purchase price. The Buyer is not entitled to withhold payments. A set-off is only permissible against a legally established claim. The Seller is entitled to set off its claims against such claims of the Buyer as the Buyer has against the Seller, irrespective of the maturity of the claims.
5.12 In the event of a material deterioration in the Buyer's financial circumstances and in the event of default by the Buyer in the payment of any claim of the Seller, the Seller shall be entitled to declare all its existing claims immediately due and payable and to demand payment. In such cases, the Seller may withhold unfulfilled deliveries under all purchase contracts without breach of contract or right of withdrawal.
5.13 The Seller shall have the right to cancel existing contracts after giving prior notice and a reasonable additional period of time for payment. This does not apply if the buyer provides sufficient security. If the Seller cancels the contract for non-payment of the outstanding debt by the Buyer, the Buyer is obliged to compensate the Seller for all damages and costs incurred in connection therewith. In the case of payments not made on time, the seller may, without prejudice to any other rights to which he is entitled, claim compensation for damages resulting from the delay in full, but not less than the usual interest and commission charges charged by banks, in particular the seller's bank. In addition, the seller shall be entitled to charge default interest for the period from the due date of the debt until payment of the debt in an amount exceeding by 10 % the CNB discount rate applicable on the date of payment of the debt.
5.14 In the absence of a prior express agreement, the Seller reserves the right to decide whether to accept bills of exchange, cheques and other vouchers presented by the Buyer to secure the receivable in a particular case. The costs of discounting and collection shall be borne by the Buyer, unless otherwise specified in the order confirmation. All means of payment of this kind are accepted only in the interest of the reliable fulfilment of the monetary obligation by the Buyer.
6.1 Delivery time means the time between the execution of the order confirmation and the dispatch of the goods from the Seller to the Buyer.
6.2 The delivery period for goods that are not in stock is subject to receipt of the goods from the manufacturer. The Buyer cannot claim compensation for damages arising from the non-delivery of the goods from the manufacturer to the Seller. The delivery period shall be extended proportionately in cases where delivery is delayed due to unforeseen events, in particular shortages of energy or raw materials, strikes, lockouts, official measures or delays or failure of sub-suppliers. If the impediments last longer than one month, or if the Seller's or its subcontractors' business is shut down, or if there are longer-term exceptional events beyond the Seller's control, the Seller shall be entitled to withdraw from the contract.
6.3 The Seller and the Buyer agree on a standard delivery period of no more than 40 working days from order confirmation. Compliance with the delivery period is subject to the fulfilment of the Buyer's contractual obligations. Exceeding this deadline is not a serious (material) breach of contract, but entitles the Buyer to withdraw from the contract without any penalties. If the seller is in default of delivery for more than one month, the buyer is only entitled to withdraw from the contract after a reasonable (but at least 14 days) additional period has elapsed.
6.5 A tax document (invoice) and a delivery note are issued and sent to the Buyer at the same time as the delivery of the goods.
6.6 Partial deliveries are permissible unless expressly agreed otherwise. Withdrawals (refinements) of individual partial deliveries shall be staggered as evenly as possible in time and quantity. If the scheduling and acceptance are not in accordance with the above provisions, the seller shall be entitled to withdraw from the contract or claim damages without prejudice to other rights.
6.7 Any requests by the Buyer to amend the purchase contract, if accepted by the Seller, shall extend the agreed delivery period accordingly. If the Buyer's requests for a change in the quality of the products are accepted, the Seller is entitled to a price adjustment. In such a case, the Seller shall be exempt from liability for defects resulting from non-standard technological procedures in order to meet the Buyer's requirements.
6.8 The Seller shall be entitled to charge a contractual penalty of 0.1 % of the price of the goods not removed for each decade of delay for the Buyer's delay in fulfilling the obligation to remove the goods, without prejudice to its other claims (in particular the claim for compensation for storage costs and the claim for full compensation for damages).
7.1 The object of performance must be of the quality required by the Purchaser in the validly concluded purchase contract, otherwise according to the relevant technical standard or the characteristics usual for the relevant type of goods. The parties may agree in the purchase contract on deviations from the standard quality with limited or unlimited validity and reflect the deviation from the standard quality in the price agreement. Goods other than software are warranted by the Seller in accordance with applicable law to the extent specified in the delivery note for the goods. The Seller may provide a contractual, so-called extended warranty for the subject matter of the performance, except for the installation of the software, the scope and provision of which shall be governed by the terms and conditions set out in this Agreement.
7.2 The warranty period shall commence on the date of acceptance of the subject of performance by the Buyer, i.e. on the date specified on the delivery note, which also serves as the warranty certificate. The warranty period is extended by the period for which
the buyer has been unable to use the object of performance properly due to the occurrence of a defect.
7.3 The warranty does not apply to defects caused by improper operation, unprofessional or unreasonable handling. The warranty also does not cover damage to the object of performance due to excessive mechanical wear and tear. The warranty does not cover the service life of consumables.
7.4 Claims for quantity or apparent quality defects may be made within eight days of receipt of delivery. A claim is deemed timely if it is sent on the last day of the deadline.
7.5 The warranty does not apply to cases of malfunction of the original manufacturer's installed
software product caused by the intervention of a third party or changes caused by a third party.
settings. A change of settings means any change in system settings of the software products installed by the manufacturer or seller (so-called OEM software), installation of a different or additional software product, or installation of drivers by the purchaser or a third party.
7.6 The warranty also does not cover defects caused by the use of incorrect or defective software, the use of consumables other than those expressly recommended by the manufacturer. The Seller shall not be liable for any loss, damage or misuse of data stored on the storage devices.
7.7 The warranty does not cover damages resulting from natural disaster, violent damage, weather, lightning damage, or operation under extremely unusual conditions.
7.8 The warranty shall be void in the event of unauthorized tampering with the object of performance by a person who has not been expressly authorized by the Seller to perform the tampering.
7.9 The warranty shall be void if the equipment is used in violation of the technical specification (e.g. using other than recommended supply voltages, etc.).
7.10 In the case of warranty and out-of-warranty repairs of HW defects of the subject of performance, the labour and materials are warranted for a period of 6 months.
8.1 The Purchaser shall claim by written notice (email) containing as detailed a specification as possible of the defect found in the object of performance. The place of complaint shall be the Seller's premises designated for this purpose or a place designated by contract.
8.2 In the event of a complaint against the object of performance, the Buyer is obliged to prove the purchase of the object of performance from the Seller by means of an invoice/delivery note/receipt (with the serial number of the goods complained of).
8.3 In cases of a complaint about the functionality of a PC system, servers or any other product of the Seller, the complaint can be filed with the Seller by telephone at the telephone numbers provided for this purpose. When making a claim, the serial number of the PC system, server or other product must be reported (see warranty
the name and telephone number of the Buyer's contact person). The Seller shall then ensure that the complaint is assessed and, in agreement with the Buyer, take steps to remedy any defect in accordance with the other provisions of this Agreement and its clauses.
8.4 Due to the risk of possible damage to the object of performance during transport, the Seller is not obliged to accept for complaint an object of performance that is not packed in the original packaging (the original packaging from an identical piece of the object of performance may be considered as the original packaging) or in packaging that provides the same protection as the original packaging. Furthermore, the Seller shall not be obliged to accept the object of fulfilment for the settlement of the claim if the Buyer does not hand it over with all parts and accessories.
8.5 If the above provisions are complied with, the Seller's authorised person shall take over the object of fulfilment for the settlement of the claim. The Buyer shall be informed of the result of the complaint in the manner agreed with the Seller (by telephone, in writing) within 1 week of the receipt of the object of fulfilment for complaint handling. In the event of the necessity to assess the defects of the goods by an authorised representative of the manufacturer, the Seller shall ensure the assessment of the legitimacy of the claim within 2 weeks from receipt of the subject of performance.
8.6 The Seller shall not be liable for any loss of data stored on the data carriers of the object of performance during the claim or out-of-warranty repairs. The data must be backed up against possible loss before handing over the object of performance for claim or repair.
9.1 In the event of a defect in the object of performance covered by the warranty pursuant to these General Terms and Conditions, the Seller shall remedy the defect by repairing or replacing the defective part with a part of the same type or replacing it with another part of the same type or replacing the object of performance with a faultless one, at a service centre
the Seller, or for the subject of performance specified below, at the place of installation of the subject of performance at the Buyer's premises. The decision on how to remove the defect is up to the Seller. The Seller is entitled to use a third party to provide warranty service.
9.2 Warranty service for the Seller's own products is provided by the Seller as standard according to the type of equipment. The terms and conditions of above-standard service must be agreed in writing when concluding a separate service contract.
9.3 For complete PC systems, the Seller provides the following types of HW warranty service:
a) Standard service (ELVAC STANDARD): warranty repair of HW defects is carried out at the nearest service centre of the Seller. Service intervention is initiated immediately, at the latest within 2 working days after delivery of the claimed goods by the Buyer to the service centre.
b) Extended Service (ELVAC ON SITE): warranty repair of HW defects is carried out throughout the warranty period at the Buyer's installation site. The service intervention is initiated within 5 working days after notification of the claim by the buyer.
c) Special service (ELVAC NEXT BUSINESS DAY): warranty repair of HW defects is carried out throughout the warranty period at the Buyer's place of installation. Service intervention is initiated no later than the second working day after the Buyer's notification of the claim.
Special service (ELVAC NONSTOP): warranty repair of HW defects is carried out throughout the warranty period at the buyer's place of installation. The service intervention is initiated within 8 hours after the notification of the claim by the buyer.
9.4 Standard warranty service is included in the purchase price of the complete PC system. Extended service conditions including extended warranty are always invoiced together with the delivered PC system and a special contract is always created for them.
9.5 The performance of warranty service at the place of installation (applies to 9.3 b) and 9.3 c)) at the Buyer's site is limited territorially to the territory of the Czech Republic, unless otherwise contractually agreed.
9.6 Other service conditions are provided by the Seller to the Buyer on the basis of a separate contract. The Seller shall carry out warranty service at the place of installation of the object of performance at the Buyer's place of performance outside the cases listed above. In this case, the Buyer undertakes to pay in cash or by bank transfer to the Seller the costs of the service intervention in the form of a service fee for the technician's trip in the amount specified in the Seller's current price list of services.
9.7 The above conditions for warranty service at the Buyer's place of installation apply to the base unit including the peripherals, monitor and keyboard built into the base unit by the Seller, which together constitute the subject of performance supplied by the Seller.
9.8 For defects whose manifestations cannot be reproduced (randomly occurring defects), the time for diagnosis and repair of the defect is determined by agreement between the authorized persons of the Seller and the Buyer. If it is not possible to remedy such defect at the Buyer's premises, the Seller shall remedy such defect after the relevant tests have been carried out at a service centre.
9.9 The Buyer undertakes to create the conditions for the Seller or its authorized body to carry out the service procedure successfully (to allow access to the premises, access to the equipment, access to the system, presence of its representative, etc.), as well as the conditions for the formalities necessary for the repair of the claimed defect.
10.1 If the delivery of the goods has not yet been completed, the purchaser may withdraw from the purchase contract within one month from the date of its conclusion. Withdrawal from the purchase contract must be made in writing and delivered to the Seller's address specified at the beginning of these GTC.
10.2 In case of a valid withdrawal from the purchase contract, the Buyer is obliged to return the goods (object of purchase) received under the purchase contract to the Seller's address specified in the introduction to these GTC within 14 days from the date of delivery of the withdrawal to the Seller.
10.3 In case of a valid withdrawal from the purchase contract, the Seller is obliged to return the price paid to the Buyer within 30 days from the date of delivery of the withdrawal to the Seller.
10.4 In the event of withdrawal from the purchase contract, the goods must be returned to the seller in their original and unaltered condition, i.e. The goods shall not be in a condition where: the goods show no obvious signs of use; the goods show no signs of physical damage; the goods are not unusable for the purpose for which they were intended for sanitary or hygienic reasons; the nature of the goods has not been fundamentally altered by thermal, chemical or physical influences; the goods have no other defect which did not exist in the goods at the time of delivery and which prevents the proper use of the goods for their intended purpose.
10.5 If the goods (the subject matter of the purchase) are not returned to the Seller in their original condition, the Seller shall be entitled to deduct the reasonable and demonstrable costs of restoring the goods to their original condition or of repairing the goods from the purchase price to be returned to the Buyer. If these costs cannot be deducted from the purchase price (e.g. because payment has not yet been made), the seller is entitled to claim these costs from the buyer in the event of withdrawal from the contract.
10.6 If the Buyer withdraws from the Purchase Contract, the Seller may deduct from the Purchase Price to be refunded to the Buyer the reasonable and demonstrable costs incurred by the Seller in connection with the return of the Goods (i.e. the cost of postage if the Seller is liable for it, the cost of repackaging the Goods and the reasonable cost of transporting the Goods). If these costs cannot be deducted from the purchase price (e.g. because payment has not yet been made), the seller is entitled to claim these costs from the buyer in the event of withdrawal.
10.7 If the Buyer withdraws from the Purchase Contract before paying the Purchase Price to the Seller, the Seller shall be entitled to claim the reasonable costs incurred for the transport of the Goods if delivery of the Goods to the address specified by the Buyer has been agreed.
11.1 The Buyer shall acquire title to the Goods once the full purchase price has been paid to the Seller. The Seller retains title to the goods delivered until all claims of the Seller against the Buyer relating to the delivery have been satisfied (whereby payments by cheque or bill of exchange are only satisfied by payment). The buyer may only resell the goods under reservation of title in the ordinary course of business. The buyer is not entitled to dispose of the goods other than by selling them (in particular by pledging them or by guaranteeing them to third parties). When selling the goods subject to retention of title to third parties, the buyer must reserve title to them. All claims due to him from resale or otherwise,
he shall assign them to the seller in advance for security and shall inform his debtors thereof. If the seller's claims are due, the buyer shall deposit the amounts collected separately and pay them to the seller immediately. The buyer must immediately notify the seller of any third-party interference with the goods subject to retention of title or with the assigned receivables.
The buyer shall bear the costs of any intervention.
11.2 In the event of non-compliance with the payment terms, the filing of insolvency proceedings, the suspension of payments and the liquidation of the company, the Buyer's right to process and sell the goods subject to retention of title and to collect the receivables assigned by the Seller shall cease.
In this case, the seller is entitled to take possession of the goods. If the seller does so, this shall only have the effect of rescission if the seller clearly and expressly declares this.
Storage, transport and other costs incurred as a result of repossession shall be borne by the buyer. Furthermore, the buyer is obliged in this case to notify the seller of the above-mentioned agreed costs upon request.
11.3 The risk of damage to the goods passes to the buyer at the moment when he can handle the goods. If the acceptance of the goods is delayed for any reason, the risk of damage or loss of the object of the contract passes to the buyer at the moment of sending the notice to the buyer that the goods are ready for collection.
12.1 The Buyer acknowledges that the individual trademarks are the property of the respective companies and agrees to respect all rights arising from such ownership.
13.1 If events occur which cannot be foreseen at the time of the conclusion of the purchase contract and which cause the Seller to be prevented from fulfilling its contractual obligations, the Seller shall be entitled to postpone the time limit for performance by the period for which this hindrance has lasted and by the time necessary to resume normal operations.
13.2 In all cases of circumstances excluding liability (including uncaused delays in sub-deliveries, uncaused transport complications and force majeure events that interfere with the performance of the Seller's contractual obligations), the Seller shall be entitled to withdraw from the Contract without being obliged to compensate the Buyer.
13.3 The Buyer may request a statement from the Seller as to whether it will withdraw from the contract or whether it will perform within a reasonable alternative delivery period. If the Seller does not promptly make a statement, the Buyer shall be entitled to withdraw from the contract. The buyer may not refuse partial performance that has been carried out in the meantime.
14.1 All relationships not regulated in these General Terms and Conditions shall be governed by the relevant provisions of the Civil Code as amended. The Seller reserves the right to make modifications to these conditions without prior notice.
14.2 The eventual invalidity of any provision of these General Terms and Conditions shall not affect the validity of the other provisions. Those provisions of the GTC which are in conflict with the provisions on consumer protection shall only apply to the commercially binding relations between the Seller and the Buyer with the status of an entrepreneur.
14.3 By providing and publishing these GTC, all provisions of the obligation to provide information to the consumer within the meaning of Act No. 89/2012 Coll. of the Civil Code as amended are fulfilled.
The Buyer hereby grants the Seller consent to the collection, processing and storage of his/her personal data (name, surname, residence, date of birth) in the records and data files of the Seller in accordance with the relevant provisions of Act No. 101/2000 Coll.
number, age, sex, numbers of documents submitted, business name, registered office/place of business, registered office of the organisational unit, name, surname and residence of persons authorised to act on behalf of the legal entity, identification number, tax identification number, telephone number, password, contact telephone number, e-mail address, bank account and other data legitimately obtained about the Buyer.
16.1 When registering on the Seller's E-SHOP, the Buyer must provide the following information.
If it is a natural person:
(a) Name and surname,
b) Password,
c) address (street, city and postcode)
d) full postal address of the electronic mail,
e) telephone contact.
This information is necessary to identify the buyer. It is used to process and account for the buyer's payment for the goods purchased, for the correct delivery of the goods and for communication with the buyer.
If the buyer is a legal entity and wishes to pay by transfer from the company's bank account, the following company details must be provided:
(a) Company name,
b) Company ID number,
c) VAT number,
d) name of the contact person,
f) password,
g) address (street, city and postcode)
(h) the full postal address of the e-mail address,
(e) telephone contact.
These data will enable the Seller to carry out the necessary accounting operations, to draw up the tax document usually required by both parties, or to identify the payment made by the Buyer by bank transfer.
In order to prevent the buyer from having to re-enter the registration data each time he makes a purchase on the E-SHOP, they are stored in our database where they are protected from misuse. During the use of the E-SHOP, the buyer's orders are collected. This is necessary to ensure the delivery of goods, the handling of
complaints, etc. Purchase data is stored in a secure database and is not disclosed to third parties.
16.2 The Buyer's personal data within the E-SHOP is confidential and is not provided to any entities outside the E-SHOP, with the exception of payment partners, which may be e.g. banks, but this is always only in the context of one specific payment using these services. The E-SHOP does not sell, rent or otherwise provide the Buyer's data to any third party.
16.3 By using the E-SHOP online shop, the buyer agrees to the collection and use of information about the buyer and his/her purchases. The rules for handling this data are described in this document. If they are changed in the future, the details of the new rules will be.
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