General business terms and conditions
- These general business conditions (hereinafter referred to as „business conditions“) are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the „Civil Code“).
Plastové součástky s.r.o.
Identification number: 283 82 595
VAT registration number: CZ28382595
With its registered office at: Kaňkova 704/4, 108 00 Praha 10, Malešice
incorporated in the Companies Register kept by Municipal Court in Prague, Section C, Insert 137616
telephone number: +420 222 253 118
cell phone number: +420 777 896 077
(hereinafter referred to as the „seller“)
- These business conditions govern the mutual rights and obligations of the seller and the legal or natural person who concludes the purchase contract (hereinafter: „buyer“) via a web interface located on the website available at www.plastovesoucastky.cz hereinafter „e-shop“) or by e-mail.
- The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these business conditions.
- These business conditions and purchase contract are concluded in English language.
Information on goods and prices
- Information about the goods, including the prices of individual goods and their main properties, are given for every individual goods in the e-shop catalog. The prices of goods are listed with and also without value added tax (VAT). The prices of the goods remain valid as long as they are displayed on the e-shop. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
- All presentation of goods in the e-shop catalog is of an informative nature. Illustrations, technical drawings, specifications and descriptions of goods are given in order to get an idea of the described products and are intended for comparison purposes only. Regardless of any information provided by the seller, the final decision as to whether the products are suitable for the required application is the sole and complete responsibility of the buyer.
- Information on the costs associated with the packaging and delivery of goods is available on the e-shop.
- Any discounts on the purchase price of goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
Order and conclusion of purchase contract
- The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself.
- The buyer orders the goods in the following ways:
● through his customer account, if he has previously registered on the e-shop,
● by filling in the order form on the e-shop without registration,
● by sending your own order form to the seller.
- When placing an online order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
- Before sending the online order, the buyer can check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the Send order button. Seller considers all data listed in the order as correct. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read these terms and conditions.
- Immediately after receiving the online order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. The purchase contract is concluded only after the acceptance of the order by the seller. Confirmation of the order acceptance is delivered to the e-mail address of the buyer.
- In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer Order specification to his e-mail address. This specification of the order is considered a new draft of the purchase contract and the buyer is entitled to withdraw from the purchase contract.
- All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by notifying the seller via e-mail specified in these business conditions.
- In the event that there is an obvious technical error on the part of the seller when stating the price of goods on the e-shop or during ordering, the seller is not obliged to deliver the goods to the buyer for this clearly incorrect price. The seller informs the buyer of the error without undue delay and in such case the buyer is entitled to cancel the order.
- Based on the buyer's registration made on e-, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
- When registering a customer's account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the customer account and data stated in the ordering form are considered correct by the seller.
- Access to the customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of the customer account to third parties.
- The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates its obligations under the purchase agreement or these business terms and conditions.
- The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of hardware and software equipment of third party.
Payment terms and delivery
- The price of the goods and any costs associated with the delivery of goods under the purchase agreement may buyer pay in the following ways:
● when paying from a bank account maintained in the Czech Republic by cashless transfer to the seller's bank account No. 2800869184/2010, maintained at Fio banka a.s.,
● when paying from a bank account kept in the Slovak Republic by cashless transfer to the seller's bank account No. 2500044201/8330, kept at Fio banka, a.s., branch of a foreign bank,
● when paying from a bank account held in other countries by cashless transfer to the seller's bank account No. 1010243/2060, kept at Citfin, savings cooperative,
● cashless - by payment card,
● cash on delivery upon delivery of goods,
● in cash or by credit card for personal collection at the seller's premises.
- Together with the purchase price, the buyer is obliged to reimburse the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
- In the case of payment in cash, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days of concluding the purchase contract, unless a longer period is agreed between the seller and the buyer.
- In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
- The seller is entitled to tie further deliveries of goods to the payment of the buyer's previous obligations.
- According to the Act on the Electronic Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.
- The goods are delivered to the buyer:
● to the address specified by the buyer in the order,
● personal collection at the seller's premises.
- The method of delivery is determined by the buyer in the order li>
- The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the buyer's order and in the order confirmation by the seller. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller is obliged to deliver the goods to the place specified by the buyer in the order according to the purchase contract, the buyer is obliged to take over the goods upon delivery. In the event that for any reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with another method of delivery.
- If the buyer does not require a later delivery date, the seller will send the goods in stock no later than 1 week after receipt of the order. Goods that are not in stock will be sent by the seller after storage, depending on the manufacturer's delivery options.
- The seller is entitled to withdraw from the performance of the purchase contract in the event of a production or transport accident and in other cases caused by force majeure.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer is not obliged to take over the shipment from the carrier.
- The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's e-mail address.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods.
- Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
Withdrawal from contract
- A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract. Instructions on the right to withdraw from the contract is attached to these terms and conditions.
- The period for withdrawal from the contract is 14 days
● from the date of receipt of the goods,
● from the day of taking over the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts.
- The buyer cannot withdraw from the purchase contract
● on the delivery of goods that were manufactured according to the buyer's specifications,
● in other cases specified in § 1837 of the Civil Code.
- In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
- To withdraw from the purchase contract, the buyer can use the sample form for withdrawal from the purchase contract provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the e-mail or delivery address of the seller specified in these business conditions. The seller will immediately confirm to the buyer the receipt of the form.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller.
- If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days from the return of the goods, all funds, including delivery costs, which he received from him.
- If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods.
- The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage to the goods against the buyer's right to a refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the out of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contractl.
Defective performance rights
- The seller is responsible to the buyer that the goods are free of defects upon their receipt by buyer. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods
● the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, the goods have the characteristics described by the seller or which the buyer expected with regard to the nature of the goods,
● the goods are suitable for the purpose stated by the seller or for which goods of this type are usually used,
● goods correspond to the quality or design of the sample provided,
● the goods are in the corresponding quantity,
● the goods comply with the requirements of legal regulations.
- The seller has obligations from defective performance at least to the extent of the persisting obligations from defective performance by the manufacturer. The buyer is entitled to exercise the right to a defect that occurs to consumer goods within twenty-four months of receipt.
- The provisions of the preceding paragraph of the business conditions do not apply to wear and tear of the goods caused by their normal use or if they result from the nature of the goods. The right of defective performance does not apply, if the buyer caused the defect of the goods himselfm.
- In the event of a defect, the buyer has the right to submit a complaint to the seller and request
● exchange for new goods,
● a reasonable discount from the purchase price,
● withdrawal from the contract.
- For complaints, the buyer can use the sample form provided by the seller.
- The buyer has the right to withdraw from the contract,
● if the goods have a significant defect,
● in case of a larger number of defects of the goods.
- If the exchange of goods is not possible, the buyer may demand a refund of the purchase price in full upon withdrawal from the contract.
- If the seller proves that the buyer caused the defect of the goods himself, the seller is not obliged to comply with the buyer's claim.
- The buyer cannot file a complaint on discounted goods for the reason for which the goods are discounted.
- The seller will handle the complaint without delay, no later than within 30 days from the date of the complaint, unless he agrees with the buyer on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
- The seller informs the buyer in writing about the result of the complaint.
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections § 1914 to 1925, Sections § 2099 to 2117 and Sections § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
- Unless otherwise agreed by a special contract between the contracting parties, any compensation for proven damages caused by the seller's fault or defect in the delivered goods may be claimed up to the value of the ordered goods.
- In the event of a delay in payment of the purchase price for the delivered goods, the seller is entitled to charge a contractual penalty of 0.1 % of the amount due for each day of delay.
- The contracting parties may send all written correspondence to each other by e-mail.
- The buyer sends correspondence for the seller to the e-mail address specified in these business conditions. The seller sends correspondence for the buyer to the e-mail address specified in his customer account or in the order.
- All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. Unless the buyer gives written permission to the seller, the seller will not use the buyer's data in any other way than for the purpose of performance of the contract, except for e-mail addresses to which commercial communications may be sent, as this procedure is permitted by law unless expressly rejected. These messages can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending an e-mail or by clicking on a link in the commercial message).
- More detailed information on personal data protection is provided in the Terms of Personal Data Protection.
- All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
- The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
- All rights to the seller's website, in particular the copyright to the content, including page layout, photographs, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any its part without the consent of the seller.
- The seller is not responsible for errors caused by third party interventions on the e-shop or as a result of its use contrary to its purpose. When using the e-shop, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the e-shop and use the e-shop, or its parts or software in such a way that would be contrary to its designation or purpose.
- The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
- The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
- The wording of the business conditions may be changed or extended by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the business conditions.
- The annex to the terms and conditions is
● Instructions on the right to withdraw from the contract,
● sample form for withdrawal from the contract,
● sample form for exercising the right from defective performance (consumer complaint form).
These conditions take effect on March 1, 2021.