General Business Terms and
Conditions
These general business terms and conditions (hereinafter referred to
as the “business terms and conditions”)
apply to the contract concluded via the on-line foma shop located at the website www.fomaobchod.cz (hereinafter
referred to as the “web interface”)
between
our company
FOMA BOHEMIA spol. s r.o., with seat at Jana
Krušinky 1737/6, Pražské Předměstí, 500 02, Hradec Králové,
Reg. No. 62024078,
VAT No. CZ62024078,
registered in the Commercial Register at the Regional Court in
Hradec Králové, Section C, File 6604
Mailing address: FOMA BOHEMIA spol. s r.o., Jana Krušinky 1737/6,
Pražské Předměstí, 500 02, Hradec Králové,
Telephone No. + 420 495 733 268
+
420 495 733 315
Contact e-mail: fomaobchod@foma.cz
as seller
and to you as the buyer
1.
INTRODUCTORY PROVISIONS
Under the
purchase contract, we undertake to deliver the goods stated in the order to
you, and you undertake to accept the goods and pay the purchase price for the
goods to us as per order. The purchase price (or only “price”) also includes the costs related to the delivery of the
goods and any charges related to the selected mode of payment. The size of
these costs shall always be notified to you before you submit your binding
order.
You assume
property title to the goods upon full payment of the purchase price but not
earlier than your takeover of the goods.
1.1.
Does the purchase contract apply only to the goods?
The purchase contract (or only “contract”) hereof is any contract
concluded according to these business terms and conditions. It may also, for
instance, a service contract.
1.2.
Is the purchase contract a consumer contract?
It shall be a
consumer agreement only if you are a consumer, i.e. if your are natural subject
and you are purchasing the goods outside the framework of your business
activities or outside the framework of independent performance of your
profession. Otherwise it shall not be a consumer contract and you shall not
enjoy consumer protection pursuant to the applicable legislation and these
GBTC, but the Wholesale General Business Terms and Conditions shall apply to
you. As a non-consumer, you do not have the right to withdraw from the contract
without stating a reason.
1.3.
What are your consumer rights?
As a consumer,
you mainly have:
-
the right to withdraw from a
contract concluded through remote communication media, for instance, telephone,
e-mail or e-shop(article 5 of these business
conditions);
-
entitlement to unused consumer
goods for a period of 24 months (warranty claims are governed by the Complaints
Procedure);
-
the right to receive
information before conclusion of the contract (the information is contained in
these business conditions or is available on the web interface).
1.4.
What governs our legal relationship?
Our legal
relationship is governed by the following documents:
-
these business conditions,
which define and specify our mutual rights and duties;
-
The Complaints Procedure,
according to which we shall act when making complaints related to the goods;
-
Conditions for use of the web interface,
which govern registration on the web interface, protection of your personal
data, protection of the content of the web interface and some other
relationships related to the use of the web interface;
-
conditions and instructions
stated on the web interface, particularly when concluding the contract;
-
the order and its acceptance on
our part,
and issues not
regulated here by the following legislation:
-
Act No. 89/2012 Coll., Civil
Code, as amended (hereinafter referred to as the “Civil Code”);
-
Act No. 634/1992 Coll., on
consumer protection, as amended (only if you are a consumer).
If your place of
residence or seat is located outside the Czech Republic, or if our contractual
relationship includes some other international element, you acknowledge that our
relationship is governed by Czech law.
If you are a consumer and the legislation of your country of residence provides
higher consumer protection than Czech legislation, such higher protection shall
be provided to you in legal relationships.
1.5.
How do you express your consent to the business conditions?
By sending the
order and also confirmation on the web interface, you witness that you are
familiar with these business conditions and accept them.
We can change or
supplement the GBTC. Your rights and duties are always governed by the GBTC in
force at the time of establishment of such rights and duties.
2.
PURCHASE CONTRACT
2.1.
How do we conclude the purchase contract?
The web
interface shows the list of goods including the description of the major
properties of the individual items. The price is stated against each goods item
including all taxes, customs duty and charges. The presentation of the goods is informative in character, and it does
not constitute an offer to conclude a purchase contract on our part by course
of Section 1732(2) of the CC. To conclude the contract, you must submit the
order, and such order must be accepted by us.
2.2.
How do you submit the order?
You can always
submit the order via the web interface (by filling-in the form), or by
telephone, e-mail or in some other way, which we permit according to the actual
information available on the web interface.
The order must
include all the information prescribed in the form, particularly the precise
designation of the ordered goods (or number identification of the goods),
quantity, selected mode of payment and transport and your contact data
(delivery and invoicing).
Before
submission of a binding order, you will be provided with the recapitulation of
the order including the final price (depending on the selected mode of
transport and payment). We recommend that you mainly check the type and
quantity of the goods, e-mail and delivery address. Within the framework of recapitulation you have the last opportunity to
change the entered data.
You submit the
binding order by pressing the “Finish” (“Submit”) button. We consider the data given in the binding order as correct and complete.
You should notify us in case of their change immediately by telephone or
e-mail.
We will inform
you about receipt of order. Information
(confirmation) of receipt of the order is sent automatically and does not mean
acceptance of the order on our part, provided this is not expressly stated in
the confirmation.
If we shall have
any doubts about the genuineness and gravity of the order, we can contact you
to verify it. We can refuse an unconfirmed order. Such an order shall be
considered as not having been submitted.
2.3.
When is the contract concluded?
The purchase contract is concluded at the moment when
you receive confirmation of acceptance of the order from us. Acceptance of the order shall be sent to the e-mail address, which
you stated in the order. If the order has not been received, then the contract
shall be concluded at the moment when you pay the full purchase price or
takeover the ordered goods (depending on which comes earlier). Acceptance of
the order may be a component of the information about receipt of order
according to article 2.2 of these business conditions (if this is expressly stated in the
confirmation), or may follow separately after such confirmation.
Information
about the individual technical steps leading to conclusion of the contract is
clear from the web interface.
2.4.
Can you cancel an order that has already been sent?
You can cancel
an order that we have not yet accepted (i.e. Acceptance of the order has not
yet been sent by us to you according to article 2.3 of these business conditions) by telephone or e-mail. All
orders accepted by us are binding. Later cancellation of an order is
possible only as per agreement with us. If an order for goods is cancelled in
this manner in a case where it is possible to withdraw from the contract
(details in article 5), we are entitled to reimbursement of the expenses we have already
incurred in connection with such contract.
2.5.
Can the price stated on the web interface change?
The presented
prices of the goods, packaging, transport and delivery remain in force for the
period shown on the web interface. Any discounts on the price of the goods
cannot be mutually combined, unless it is expressly stated on the web
interface.
If an obvious
technical error occurs on our part when stating the price of the goods on the
web interface or during the ordering process, we are not obliged to deliver the goods to you at this obviously erroneous
price, not even in a case where confirmation of acceptance of the order was
sent to you according to these business conditions. In such case, we reserve the right to withdraw from the contract.
If the price
shown against the goods on the web interface or in course of the ordering
process is no longer actual, we shall notify you of this fact without delay. If
your order has not yet been accepted, we are not obliged to conclude the
contract.
The price change has no effect on orders sent in the
period between sending of the order and its acceptance on our part according to
article 2.3 of these business
conditions.
2.6.
Do you have a possibility to get a contract in text format?
The contract is
not concluded in writing form with the signatures of the contracting parties. The contract comprises these business
conditions, your order and its acceptance on our part. The full contract
shall be sent to you by e-mail or in hard copy format upon request from you by
post. When sending the contract by post, we can request you to reimburse the
related costs.
2.7.
What if you do not understand something in the contract?
In the event of
a query to the business conditions or to the contract, you can contact us by
telephone or e-mail. We shall gladly provide you with all the necessary
information.
2.8.
In which languages is it possible to conclude the contract?
The can be
concluded in the Czech language unless we categorically agree on some other
language.
2.9.
Is the contract archived somewhere?
We archive the
contract (including these business conditions) in electronic format. The
contract is not available to third parties, but we shall send it to you upon
request.
3.
TERMS OF PAYMENT
3.1.
What payment methods do we accept?
You can pay the
purchase price mainly in the following ways:
-
in cash if the goods are sent
on COD basis or personal collection of the goods;
-
by wire transfer before
delivery of the goods via the payment gateway GP webpay.
Any other methods of
payment are given in the web interface.
Some methods of payment (particularly COD) may be subject to
additional charges. These charges are given on the
web interface. The order shall always include the final price, which already
includes the charges related to the selected method of payment.
3.2.
When is the purchase price due?
In the case of
cash payment, the price is payable upon collection of the goods. In the case of
a wire transfer via the payment gateway GP webpay, the price is due within five
days after receipt of order according to article 2.3. Your undertaking to pay the price in the case of wire transfer is
fulfilled upon credit of the given amount to our bank account.
3.3.
In which currency can you pay?
Payment of the
goods is possible in Euros (EUR).
4.
TERMS OF DELIVERY
4.1.
How do we send the goods?
The methods for
delivery of the goods are given in the web interface. You can select the
specific goods delivery method in the order. If you do not select any method of
transport, we can determine it ourselves.
4.2.
What are the costs of delivery of the goods?
The costs of
delivery of the goods always depend on the size and nature as well as the rates
of the selected carrier. The actual costs of delivery of the goods are given in
the web interface.
The order shall
always include the final price, which already includes the costs of the
selected method of transport.
4.3.
When shall we deliver the goods to you?
The period for
delivery of the goods always depends on their availability and the selected
method of transport and payment.
We usually
handover goods in stock to the carrier within two working days after acceptance
of the order (when sending the goods on COD basis or personal collection), or
after credit of the payment to our account (payment by wire transfer).
We handover
goods that are not in stock to the carrier as soon as possible. We will inform
you about the precise date.
We advise you
that we are not capable of influencing the period within which the external
carrier will deliver the goods to you. Any
complaints relating to the delivery period must be solved directly with the
carrier.
Delivery of the
goods according to these business conditions is the moment when the goods are
delivered to you. If you refuse to accept the goods without reason, this fact
shall not constitute failure to deliver the goods on our part or withdrawal
from the contract on your part.
4.4.
What is the procedure for acceptance of the goods?
When accepting the goods, check the intactness of the packaging. If you ascertain any deficiencies, immediately notify the carrier and us. If you refuse to accept goods in damaged packaging, this shall not be refusal to accept the goods without reason.
By signature of the delivery note (or other similar document), you confirm that the packaging of the goods is intact. Complaints relating to the goods for reason of damaged packaging are no longer possible in such case.
At the moment of
acceptance of the goods (or the moment when you had the duty to accept the
goods, but did not do so in breach of the contract), all liability for
accidental destruction, damage or loss of the goods passes to you.
4.5.
What happens in the event that you do not accept the goods?
If it is
necessary for reasons on your part to deliver the goods repeatedly or by a
method other than contracted, you are
obliged to reimburse the costs related to such delivery.
In the event
that you refuse to accept the goods without reason, we are entitled to reimbursement of the costs related to the delivery
of the goods and their storage, as well as other costs, which arise as a
result of non-acceptance of the goods. These costs shall not be more than 10
CZK per day of storage. The storage costs may at maximum be 500 CZK or the
purchase price, provided it is less than 500 CZK.
In such case, we
are also entitled to withdraw from the contract.
5. WITHDRAWAL FROM THE
PURCHASE CONTRACT
5.1.
How can you withdraw from the contract?
You can withdraw
from the purchase contract within 14
days after acceptance of the goods; if the delivery is divided into several
parts, then after the date of acceptance of the last part. We recommend sending
notification of withdrawal from the purchase contract to our mailing address or
e-mail. For withdrawal from the contract, it is possible to use the template
form. We shall confirm receipt of notification to you without undue delay.
You need not
substantiate withdrawal from the contract in any way.
5.2.
What are the consequences of withdrawal from the contract?
Withdrawal from
the contract voids the contract from the outset and it shall be considered as
never concluded.
If a gift was
endowed with the goods, the deed of gift becomes void upon withdrawal from the
contract by any of the parties. Send the gift back to us together with the
returned goods.
5.3.
When is it not possible to withdraw from the contract?
Pursuant to
Section 1837 of the Civil Code, among other things, it is not possible to
withdraw from the following contracts:
-
about delivery of goods, which
were modified according to your desire or for you;
-
about delivery of perishable
goods, as well as goods, which were forever mixed with other goods after
delivery;
-
about delivery of goods in a
closed package, which you removed from the packaging and that cannot be
returned for hygienic reasons;
5.4.
How will you return the goods to us?
You are obliged
to return the goods to us within 14 days after withdrawal from the contract to
our mailing address, to any business outlet or at the address of our
headquarters. Do not send the goods on
COD basis. We are not obliged to accept goods sent to us on COD basis.
The returned
goods must not be damaged, worn and contaminated and, if possible, in original
packaging.
We recommend
that the following documents should be included with the returned goods:
-
copy of the delivery note and
invoice, if they were issued, or other document demonstrating purchase of the
goods;
-
written comments on withdrawal
from the contract (on our form or otherwise) and the selected method for refund
of the money (wire transfer to the bank account, personal collection of cash or
postal voucher or otherwise). In the comments, include the delivery address,
telephone and e-mail.
Failure to submit any of the above-stated documents does not hinder
positive handling of your withdrawal from the contract according to the
statutory conditions.
5.5.
When will you get back your money?
We shall return
all the money received within 14 days after withdrawal from the contract. But
take into consideration the fact that we are not obliged to refund the money to
you before return of the goods or prove that you sent the goods to us.
Besides the
purchase price, you are also entitled to reimbursement of the costs of supply
of the goods to you. But if you selected a method other than the cheapest
method for delivery of the goods, which we offer, we shall refund the cost of
delivery of the goods in the amount
equivalent to the cheapest offered method for delivery of the goods.
We shall refund
the money to you:
-
By the same channel through
which it was paid to us, or
-
as per your request;
Besides the
above-stated methods, we can always refund the money also by sending it to a
bank account of your choice or to the bank account from which the money was
sent to pay the purchase price (if you do not provide us with an alternative
account within ten days after withdrawal from the contract). By acceptance of
these business conditions, you express your agreement to send the money
according to the preceding sentence under the condition that you do not incur
any additional costs as a result of this.
You pay the costs related to the delivery of the returned
goods to our address also in the event that the goods cannot be returned by
ordinary means due to their nature.
5.6.
What if the returned goods were damaged?
When dispatching
the goods, pack them in suitable packaging to protect them from damage or destruction.
The purchase price cannot be refunded for goods that were substantially damaged
or destroyed during transport due to unsuitable packaging as well the costs of
delivery of the goods (or their part equivalent to the caused damage).
If we ascertain
that the goods you returned are damaged, worn, contaminated or partially worn,
we are entitled to compensation of damage from you. We can unilaterally set-off entitlement to compensation of
suffered damage against your entitlement to refund of the purchase price and
cost of delivery of the goods, i.e. the amount shall be refunded to you less
the caused damage.
5.7.
When can we withdraw from the purchase contract?
We reserve the
right to withdraw from the contract in the following cases:
-
a price of the goods that is obviously
wrong was stated on the web interface due to a technical error (article 2.5 of these business conditions);
-
for objective reasons (mainly
because the goods are no longer in production, the supplier no longer delivers
them to the Czech Republic, etc.), it is not possible to deliver them under the
initial conditions;
-
performance becomes objectively
impossible or illegal.
In the event
that any of the above-stated facts has come to pass, we shall notify you about
our withdrawal from the contract immediately. Withdrawal shall be effective at
the moment when it is delivered to you.
If you have
already paid the purchase price in full or part, we shall refund the received
amount to you by wire transfer to the account, which you shall provide to us,
or from which you made the payment. We shall refund the money within five days
after withdrawal from the purchase contract.
6.
RIGHTS ARISING FROM FAULTY PERFORMANCE
Your rights from
defective performance shall be subject to the generally applicable binding
regulations (particularly the provisions of Sections 1914 - 1925, 2099 - 2117
and 2158 - 2174 of the Civil Code).
During law enforcement defective
performance, we shall act in compliance with our Complaints Procedure. Before
sending the complaint, properly acquaint yourself with our Complaints Procedure
so that the complaint is cleared as quickly as possible and to your satisfaction.
7.
FINAL PROVISIONS
7.1.
What operating licences do we hold and who inspect our operations?
We are authorised to
sell goods on the basis of our trading licence. Our activities do not require
any other licence.
Inspection is done
within the framework of its powers by the competent trading licence. Inspection
of compliance with the legislation relating to the technical requirements for
the goods or safety of the goods is done by the Czech Trade Inspection
Authority (http://www.coi.cz/). The Czech Trade Inspection Authority also
inspects compliance with consumer protection regulations. The rights of
consumers are also protected by their interest groups and other subjects for
their protection.
7.2.
How do we handle complaints?
We handle complaints
through our contact e-mail. You can further contact the subjects stated in
article 7.1. In relation to our customers, we are not bound by any codes of
conduct, and we do not even observe any such codes.
7.3. What rights do you have when resolving a consumer dispute?
If
you are a consumer involved in a dispute developed under contract, which we are
not directly able to resolve, you are entitled to contact the Czech Trade Inspectorate
(address: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR,
Štěpánská 15, 120 00 Prague 2; web
interface: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; Phone:
+420 296 366 360) for the purpose of a non-judicial solution of the consumer
dispute. You can assert this right no later than within 1 year from the date
when you, for the first time, assert the right that is the subject of the
consumer dispute with us.To lodge a complaint concerning the goods or services
that you purchased from us and to search for an alternative solution of the
disputes, you can also use the online platform established by the European
Commission at http://ec.europa.eu/consumers/odr/.
7.4.
What should you also know?
Remote means of
communication shall be used to conclude the contract (particularly the
Internet). You pay your own costs for using the remote means of communication
(particularly the Internet connection or telephone costs). These costs do not differ from the standard rate.
If not agreed
otherwise, all correspondence between us that is related to the contract shall
be in writing, and will be sent either by e-mail, registered post or delivered
in person. On our part, we shall deliver the correspondence to you at the
e-mail address stated in the order or in your user account.
If any of the
provisions of these business conditions is (or shall become) invalid, ineffective
or non-applicable, a provision that is closest to the invalid, ineffective or
non-applicable in terms of sense shall be used in its place. The invalidity,
ineffectiveness or non-applicability of one provision shall not affect the
validity of the remaining provisions. The
contract (including the business conditions) may be changed or supplemented
only in writing.
These business terms are valid and effective from