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General business conditions for entrepreneurs

General Business Conditions for Entrepreneurs and Legal Entities

These General Business Conditions for Entrepreneurs and Legal Entities (hereinafter referred to as the “Business Conditions”) apply to the contracts made through the online shop DÍLY NA KOTLE placed in the web interface www.dilynakotle.cz (hereinafter referred to as the “web interface”) between our company:
DÍLYNAKOTLE s.r.o., registered office Dubenec 134, 544 55 Dubenec
ID: 01814842
VAT ID: CZ01814842
registered: in the Commercial Register maintained by the Regional Court in Hradec Králové, section C, file 32377
mailing address: Dílynakotle s.r.o., Dubenec 134, 544 55, Dubenec
telephone number: 499 694 999
contact email: info@dilynakotle.cz

as the Seller
and the entrepreneur or legal entity
as the Buyer
(jointly referred to as the “contracting parties”).

1. Introductory Provisions

1.1. The Business Conditions define and specify basic rights and obligations of the contracting parties when making a purchase contract or other contract stated herein (hereinafter referred to as the “contract”) through the web interface.


1.2. The provisions of the Business Conditions form an integral part of the contract. Provisions derogating from the Business Conditions may be agreed in the contract. Derogating provisions stated in the contract take precedence over the provisions of the Business Conditions. The wording of the Business Conditions may be amended or supplemented by the Seller. The rights and obligations of the contracting parties are always governed by the Business Conditions in the wording effective at the time when they arose. The rights and obligations of the contracting parties are also governed by the Complaints Procedure Rules for Entrepreneurs and Legal Entities, by the Conditions of Use of the Web Interface and by the conditions and instructions stated in the web interface, especially when making a contract. In matters not regulated herein, the relationships of the contracting parties are governed by legal regulations, in particular by Act No. 89/2012 Sb., Civil Code, as amended (hereinafter referred to as the “Civil Code”).

1.3. These Business Conditions apply to the buyers which are entrepreneurs and to legal entities. Contracts made with consumers are not covered by these Business Conditions but by the General Business Conditions for Consumers.

1.4. The ownership of the goods is acquired by the Buyer upon payment of the full purchase price, but not before the Buyer takes over the goods.

1.5. By sending an order, the Buyer confirms that the Buyer has acquainted itself with these Business Conditions and accepts them.

2. Order and Making a Contract

2.1. In the web interface there is a list of goods including a description of the main characteristics of each item. The presentation of the goods is purely informative and does not constitute a Seller’s proposal to make a contract within the meaning of the provision of Section 1732(2) of the Civil Code. In order to make a contract, the Buyer must send an order and the Seller must accept the order.

2.2. The Buyer places an order through the web interface or in another manner stated in the web interface or agreed between the contracting parties. An order must always contain a precise name of the ordered goods (or the code number of the goods), the number of pieces of the goods, the selected method of payment and transport and the Buyer’s contact details (name and surname or company’s name, identification number, mailing address, telephone number and email address). The Buyer is obliged to prove that the Buyer is an entrepreneur by entering the Buyer’s identification number in the order.

2.3. The Seller is not obliged to confirm a received order. An unconfirmed order is not binding on the Seller. The Seller may verify an order in case of doubts about the authenticity and seriousness of the order. An unverified order may be refused by the Seller.

2.4. The contract is made at the moment when the Buyer received the binding order acceptance notice from the Seller.

2.5. If the Buyer cancels an order, the Seller is entitled to a cancellation fee amounting to 50% of the price of the goods. If the Seller has already incurred costs in connection with the contract, the Seller is entitled to full compensation of such efficiently incurred costs.

3. Delivery Conditions

3.1. The Seller is obliged to deliver goods to the Buyer in the agreed manner, duly packed and accompanied by necessary documents. Unless agreed otherwise, documents are provided in Czech language.

3.2. If agreed between the contracting parties, the Seller may arrange for the Buyer the transport of the goods and the goods insurance for the duration of the transport. The price of the transport and the insurance shall be paid by the Buyer according to the transporter’s table of rates in effect. The handover of the goods to the first transporter is regarded to be the delivery of the goods to the Buyer. The risk of damage to the goods shall pass to the Buyer upon delivery of the goods.

3.3. Before taking over the goods, the Buyer is obliged to check whether the goods packaging is intact and to inform the transporter of any defects immediately. A record of defects shall be drawn up. If no record of defects is drawn up, the Buyer loses entitlements arising from the fact that the packaging of the goods was not intact.

3.4. Immediately after taking over the goods, Buyer is obliged to inspect the goods, in particular the number of pieces of the goods and completeness of the goods. If any discrepancy is found out, the Buyer is obliged to report it to the Seller without undue delay but no later than within 2 working days from the goods takeover. The Buyer is obliged to document the detected defects in a suitable manner and to send the documentation to the Seller together with a notice of defect.

3.5. The Buyer’s failure to take over the goods does not affect the Seller’s right to demand payment of the full purchase price.

4. Payment Conditions

4.1. Apart from the other methods stated in the web interface or individually agreed, the Buyer may pay the purchase price to the Seller by any of the above stated methods:
- in cash if the goods are sent COD (i.e. cash on delivery) or collected in person;
- by a cashless payment with a payment card online before the goods delivery.

4.2. Where paid in cash, the price is due at the moment of the goods takeover. Where a cashless payment is made, the price is due within five days from the acceptance of the order, unless agreed otherwise between the contracting parties. Where a cashless payment is made, the Buyer’s obligation to pay the price of the goods is fulfilled at the moment when the amount of the price is credited to the Seller’s bank account.

4.3. If the term for payment under these Business Conditions is not observed, the Buyer may be charged interest on late payment amounting to 0.5% of the sum due for each day of delay. The Seller’s entitlement to compensation for damage incurred due to the Buyer’s delay in not thereby affected.

4.4. If the Buyer’s payment of the price of goods is delayed, the Seller may also suspend further agreed deliveries of goods until the moment when all the Buyer’s debts fallen due have been paid.

4.5. Payments for the goods may be made in Czech crowns (CZK) or in euros (EUR).

5. Possibilities of Termination of the Purchase Contract

5.1 Withdrawal from the Contract

The Seller may withdraw from the purchase contract at any time before the goods are taken over by the Buyer.
The Buyer may withdraw from the contract if the Seller’s delay with the goods delivery lasts more than 4 weeks from the agreed delivery date.
The Buyer may not withdraw from the contract in respect of the goods that were delivered in a due and timely manner and without defects.
Withdrawal from the contract must be done in writing and, where contracts were made electronically, it may also be done electronically. Withdrawal from the contract takes effect at the moment of delivery of the withdrawal notice to the other contracting party.
In the event of withdrawal from the contract the Buyer is obliged to return the goods to the Seller within 14 days from the withdrawal from the contract.
The Buyer is obliged to attach the following documents to the returned goods:
- a copy of the delivery note and invoice if such documents were issued, or another document proving the purchase of the goods;
- a written notice of withdrawal from the contract (using the model form) and information about the selected method of return of the money (transfer to account, receipt of cash in person or postal money order or otherwise).
All funds shall be returned to the Buyer within 14 days from the withdrawal from the contract. In such case, the Seller shall return to the Buyer the purchase price which has already been paid by the Buyer, by a cashless transfer to the account indicated by the Buyer for this purpose or to the account from which the funds were sent to pay the purchase price (if the Buyer does not indicate any account to the Seller within 5 days from the withdrawal).
The costs associated with returning the goods to the Seller’s address shall be paid by the Buyer, even if the goods cannot be returned due to their nature by a normal post service.
If the Seller finds out that the goods returned from the Buyer are damaged, worn, soiled or partially consumed, the Buyer shall hold liability for such reduction of the value of the goods. 

If a gift was provided together with the goods, the deed of gift ceases to have effect upon written withdrawal from the contract.

5.2 Termination of the Contract by Agreement

The purchase contract may be terminated by written agreement of the contracting parties within 30 days from the takeover of the goods.
If the purchase contract is terminated by agreement, the Buyer shall be entitled to be returned 50% of the price of the goods.
If a gift was provided together with the goods, the deed of gift ceases to have effect by written agreement.
The Buyer je is obliged to return the goods to the Seller within 14 days from the effect of the written agreement.

6. Rights from Defective Performance

6.1. The conditions of the exercise of rights from defective performance and the warranty liability are governed by the Seller’s Complaints Procedure Rules for Entrepreneurs and Legal Entities.

7. Protection of the Seller’s Trade Secrets and Trade Policy

7.1. When making and performing the contract, the Buyer may be provided with information which are designated as confidential or the confidentiality of which follows from its nature. In particular, the Buyer undertakes:
- to keep such information confidential;
- not to disclose such information to any other person without the Seller’s consent;
- not to use such information for any purpose other than the performance of the contract;
- not to use such information in any other damaging manner.

7.2. The Buyer also undertakes not to make, without the Seller’s consent, copies of any documents provided to the Buyer by the Seller.

8. Registration in the Web Interface

8.1. By registration through the registration form in the web interface a user account is created. The Buyer is obliged to keep the access data for the Buyer’s account in secret. The Seller does not hold liability for any misuse of the user account by a third person.

The data entered during registration must be true and complete. Any account which was created by using untrue or incomplete data may be cancelled by the Seller without compensation. In the event of a change in the Buyer’s data, the Seller recommends their rectification in the user account immediately.

8.2. Through a user account the Buyer can especially order goods, monitor orders and administer the Buyer’s user account. Any other functions of the user account are always stated in the web interface.

8.3. Please take note that the Seller has the right to cancel the Buyer’s user account without compensation if good morals, legal regulations in effect or these Business Conditions are violated through the Buyer’s account.

9. Copyright Protection, Liability and Use of the Web Interface

9.1. The contents of the website placed in the web interface (texts including the Business Conditions, photographs, pictures, logos, software, etc.) are protected by the Seller’s copyright or by the rights of other parties. The Buyer is not allowed to change, copy, reproduce, distribute or use the contents for any purpose without the Seller’s consent or consent of the copyright holder. In particular, it is prohibited to make the photographs and texts placed in the web interface available either free of charge or for remuneration.

The names and designations of products, goods, services, firms and companies may be registered trademarks of their owners.

9.2. The Seller does not hold liability for any errors arisen as a consequence of interferences of third parties in the web interface or as a consequence of its use contrary to its purpose. When using the web interface, the Buyer must not use any procedures that could affect the function of the system or generate an undue load on the system.

If the Buyer commits any unlawful or unethical conduct when using the web interface, the Seller may restrict, suspend or terminate the Buyer’s access to the web interface without any compensation. In such case the Buyer is also obliged to fully compensate the Seller for any damage demonstrably incurred due to the Buyer’s conduct described in this paragraph.

The Seller points out that by clicking on certain links in the web interface the user may leave the web interface and be redirected to the websites of third parties.

10. Final Provisions

10.1. If the relationship associated with the use of the web interface or the legal relationship established by the contract involves an international (foreign) element, the contracting parties agree that the relationship is governed by the Czech law (excluding the application of the UN Convention on Contracts for the International Sale of Goods).

10.2. If any provision of these Business Conditions is or becomes invalid, ineffective or inapplicable, it shall be replaced by a provision the meaning of which comes as close as possible to the invalid provision. Invalidity, ineffectiveness or inapplicability of one provision does not affect the validity of the other provisions. The contract and the Business Conditions may only be amended or supplemented in writing.

These Business Conditions have been in force and effect since 24 May 2017.

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