General business conditions for wholesale
Insega, s.r.o.
Residence: Průmyslová 374, 664 24 Drásov
IČ : 25316737
DIČ: CZ25316737
entered in the Commercial Register kept at the Regional Court in Brno, Section C, Insert 68488 (hereinafter referred to as the “Seller”)
for sale through an online store located at an internet address idvirka.cz
Contact details of the Seller:
Contact adress: Insega, s.r.o., Průmyslová 374, 664 24 Drásov
Telephone number: +420 777 717222, +420 777 717221
Contact e-mail: info@insega.cz, kartous@insega.cz, slezak@insega.cz
1. INTRODUCTORY PROVISIONS
1. These business conditions (in the sense of § 1751 of Act No. 89/2012 Coll., of the Civil Code, as amended, hereinafter referred to as the “Civil Code”) applies to purchase of goods in the online store "idvirka.cz" via the web interface located at the internet address idvirka.cz (hereinafter also referred to as "Web interface") operated by the Seller.
2. The business conditions define and specify the basic rights and obligations Seller and Buyer.
3. All contractual relationships are governed by the terms and conditions not regulated by Act No. 89/2012 Coll., the Civil Code. Provision deviating from the business conditions can be agreed in the purchase contract. Deviating the provisions in the purchase contract take precedence over the establishment of business conditions.
4. The wording of the business conditions may be changed or supplemented by the Seller. Rights and the obligations of the parties are always governed by the wording of the terms and conditions under which they arose.
5. The provisions of the terms and conditions are an integral part of the purchase agreement (for "Purchase Agreement" as used herein means any agreement entered into pursuant to these business conditions). The purchase contract and business conditions are drawn up in Czech, English, German, Slovak. The Purchase Agreement can be concluded in the Czech language, English language, German language, Slovak language, unless the Buyer and Seller expressly agree on another language.
6. These terms and conditions apply to Buyers - Entrepreneurs, and to legal entities persons. These commercial agreements do not apply to contracts concluded with the consumer terms and conditions, but the General Terms and Conditions for Retail. In questions not regulated by these terms and conditions for wholesale, the relationship is governed similarly according to the conditions regulated in the General Terms and Conditions for retail, with the exception of consumer protection provisions. By sending an order or Upon registration, the Buyer confirms that he has read these business conditions and with the General Terms and Conditions for Retail.
2. DEFINITIONS
1. The buyer is a natural or legal person who intends to buy via the goods web interface. Due to the applicable legislation distinguishes between a Buyer who is not a consumer and a Buyer who is a consumer.
2. An entrepreneur is any person who enters into contracts related to their own business, production or similar activities or in the independent performance of their own profession, or a person acting in the name or on behalf of the entrepreneur.
3. ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT
1. The offer to conclude the contract is an order of goods by the Buyer. The contract is created by the acceptance of the offer by the Seller.
2. The order can be made using means of distance communication. For Article 2 shall apply to the order by means of distance communication General Terms and Conditions for Retail.
3. Upon registration, the buyer is obliged to prove that he is an entrepreneur, namely by presenting a trade license or other authorization (copies thereof) or an extract from the Commercial Register by sending it to the Seller's contact e-mail.
4. The seller is not obliged to confirm the received order. An unconfirmed order is not binding for the Seller.
5. In the event of cancellation of the order by the Buyer, the Seller is entitled to cancellation fee of 100% of the purchase price of the ordered goods. In case that The order will be canceled only after the dispatch of the goods, it may be after the Buyer reimbursement of costs associated with the dispatch and return of goods is required caused by order cancellation.
4. TERMS OF DELIVERY
1. The Seller is obliged to deliver the goods to the Buyer in the agreed manner, properly packed and equipped with the necessary documents. The necessary instructions are in particular instructions for use, certificates and other documents necessary for acceptance and use goods. Unless otherwise agreed, the documents are provided in Czech, English, German and Slovak.
2. Based on the agreement of the contracting parties, the Seller may provide for the Buyer transport of goods and insurance of goods during transport. The price of transport and insurance is the Buyer is obliged to pay according to the valid tariff of the carrier. For delivery of goods to the Buyer the handing over of the goods to the first carrier is considered. Upon delivery of the goods, the risk of damage to the goods passes to the Buyer.
3. Before taking over the goods, the Buyer is obliged to check the integrity of the packaging of the goods and report any defects to the carrier without delay. Defects will be written protocol. If a defect report is not drawn up, the Buyer loses the claims arising from the damaged packaging of the goods.
4. Immediately after receiving the goods, the Buyer is obliged to check the goods, in particular is obliged to check the number of pieces of goods and its completeness. In case of discovery non-compliance is obliged to notify the Seller without undue delay, however, no later than 2 working days from receipt of the goods. Defects are detected The Buyer is obliged to document this document in a suitable manner and send this documentation to the Seller together with the notification of the defect.
5. PRICE OF GOODS AND PAYMENT TERMS
1. The prices of goods are listed on the web interface. Of these prices is the Seller entitled to provide the Buyer with a discount, especially depending on the quantity ordered goods or services, or on previous purchases of the Buyer.
2. The Buyer has the opportunity to pay the purchase price for the goods to the Seller among others in the web interface or individually agreed in any of the following ways:
• in cash upon delivery of the goods by the Seller or upon sending the goods cash on delivery
• in cash at the personal collection of goods
• cashless before delivery of goods payment by card
• cashless transfer to the bank account of the Seller before delivery of the goods
• cashless transfer to the bank account of the Seller after delivery of goods.
The seller is entitled not to allow payment for the goods after delivery of the goods. This payment method is usually reserved for regular customers. Unless otherwise agreed, the invoice is attached to the goods together with the delivery note.
3. In the case of non-cash payment, the purchase price is payable within 5 days of concluding the purchase contracts. The Buyer's obligation to pay the purchase price is in the case of non-cash payment fulfilled at the moment the relevant amount is credited to the Seller's account. When paying in cash, the purchase price is payable upon receipt of the goods by the Buyer.
4. In case of non-compliance with the due date according to these terms and conditions may be The buyer is charged interest on arrears of 0.5% of the amount due for each day delay. The Seller's right to compensation for damage caused to him by the Buyer's delay is not affected.
5. In the event of the Buyer's delay in paying the purchase price, the Seller is also entitled to suspend further agreed deliveries of goods, until the moment of payment of all due obligations of the Buyer.
6. Payment for goods is possible in Czech crowns (CZK).
7. The buyer acquires ownership of the goods by paying the full purchase price for the goods (including packaging and delivery costs), but not before taking over the goods.
6. WITHDRAWAL FROM THE PURCHASE AGREEMENT
1. Until the goods are taken over by the Buyer, the Seller is entitled at any time from the purchase contract to withdraw. In such a case, the Seller will return the purchase price to the Buyer cashless to the account communicated to him for this purpose by the Buyer or the account of which funds were transferred to pay the purchase price (if the Buyer none within 5 days of withdrawal to the Seller).
2. The Seller is also entitled to withdraw from the contract if the Buyer is in arrears with the payment of the purchase price of the goods for more than 4 weeks.
3. The Buyer is entitled to withdraw from the contract if the Seller is in delay with the delivery of the goods for more than 4 weeks from the agreed delivery date.
4. The buyer is not entitled to withdraw from the contract regarding goods that were delivered properly, on time and without defects.
5. Withdrawal must be made in writing and in the case of agreed contracts electronically also electronically. Withdrawal from the contract is effective upon delivery of the notice of withdrawal to the other party.
7. RESPONSIBILITY FOR DEFECTS
1. The Seller is obliged to deliver the goods to the Buyer in the agreed quantity, quality and design.
2. The conditions of liability for defects in the goods and warranty liability are governed by the Seller's Complaints Procedure.
8. PROTECTION OF THE SELLER'S SECRETS AND BUSINESS POLICIES, SPECIAL PROVISIONS ON THE TERMS OF USE OF PHOTOS
1. When negotiating the contract and its performance, they can be communicated to the Buyer information that is marked as confidential or whose confidentiality arises by their nature. The buyer undertakes this information in particular:
• keep confidential;
• not to provide them to another person without the Seller's consent;
• not to use them for any purpose other than to fulfill the contractual relationship agreed by the Seller;
• not to be used in any other way that could harm the Seller.
2. Furthermore, the Buyer undertakes not to make copies of the documents submitted to him by the Seller without the consent of the Seller.
3. The buyer is entitled to use the trademark in its business activities Seller, if the Seller gives him written consent. Use must not damage or endanger the Seller's reputation.
9. FINAL PROVISIONS
1. If a relationship related to the use of the website or a legal relationship established purchase contract contains an international (foreign) element, then the parties agree, that the relationship is governed by Czech law. The UN Convention on Contracts for the International Sale of Goods does not apply.
2. If any provision of the Terms and Conditions is invalid or ineffective or inapplicable, or will become so, instead of invalid provisions a provision whose meaning is as close as possible to the invalid provision. One provision is not invalid or ineffective or inapplicable the validity of the other provisions concerned. Changes and additions to the purchase agreement or business conditions require a written form.
These business conditions are valid and effective from April 1, 2022