Commercial Terms and Conditions
Commercial conditions of the company Byecold s. r. o., registered address Na Vyhone 4400, 695 01 Hodonín, Comp. Reg. No. 093 61 944, VAT No. CZ09361944, entered in Commercial Register of the Brno City Court, file ref. C 118399.
I.1. These Commercial Terms and Conditions apply after the interest in a deal – cooperation has been shown by completing the questionnaire on the homepage with the URL address: www.byecold.cz. The terms and conditions specify and define rights and obligations of the Seller (Operator) and the Interested Party (Customer).
I.2. The Seller reserves the right to alter these commercial terms and conditions. Rights and obligations of Parties to the Agreement are always governed by the version of Commercial Terms and Conditions, under the effect of which these arose.
I.3. Provisions contained in the Commercial Terms and Conditions are an integral part of the Agreement. Provisions deviating from the Commercial Terms and Conditions can be agreed upon in the Agreement. Deviating arrangements contained in the Agreement take precedence over the provisions of the Commercial Terms and Conditions.
II.1. With submitting the order, the Interested Party confirms that it has got acquainted with these Commercial Terms and Conditions, and that it agrees with them.
II.2. All contractual relations are entered into in accordance with the legal order of the Czech Republic. In matters not covered herein, the relations between the Parties to the Agreement are governed by legal regulations, in particular by Act No. 89/2012 Col., Civil Code, as amended (hereinafter the “Civil Code”).
II.3. The Agreement and the Commercial Terms and Conditions have been drawn in the Czech language. The Agreement can be entered into in the Czech language, unless the Parties to the Agreement explicitly agree upon another language.
II.4. On the above-mentioned website, the interest in business cooperation can be presented based on registration – by completing the questionnaire which is then sent to Operator´s contact email address. When registering, the Interested Party is obliged to submit correct and true figures whereby the Interested Party is also to update these figures.
II.5. It is forbidden to allow third persons to handle user account.
II.6. Before sending the form, the Interested Party is obliged to check the figure that it has included in the order or user account. The Seller considers the information mentioned in the order or in user account to be correct.
II.7. The Seller reserves the right to reject the order handling, if the order figures are not complete, or if these give rise to doubts as to potential Interested Party´s real intention to order the service. The Seller shall send the information about such rejection to Purchaser´s email address, or he shall inform the Purchaser in written or by phone.
II.8. Furthermore, the Seller shall consult the shown interest in cooperation with the Interested Party, and the scope of the interest shall be specified in following arrangements.
II.9. The expression of will, which includes amendments, reservations, limitations, or other alterations, means a rejection of the offer and it is considered to be a new offer. The Agreement is entered into when the counteroffer is accepted by the Interested Party.
II.10. Subsequent communication between the Interested Party and the Seller runs by emails or phone, or personally. This concerns mainly the way and duration of cooperation, the way and possibility of ordering the goods, and payment and transport of goods, etc.
II.11. The pictures published with the goods are only illustrative, the real appearance of the products can slightly differ (due to technical reason, monitor adjustment, type of browsers, etc.).
III.1. If the Seller, in accordance with the purchase agreement, is obliged to deliver the goods to a place defined in the order by the Interested Party, the Interested Party is obliged to take over the goods on delivery. If the Interested Party does not comply with its obligation to take over the goods, the Seller can require all the costs incurred in connection with the shipment of the goods.
III.2. Before commissioning of the goods, the Interested Party is obliged to check the integrity of the packaging, and to inform the forwarding agent immediately about possible defects. A protocol about defects shall be drawn up. If no protocol about defects is drawn up, the Purchaser is no longer entitled to claims resulting from damaged packaging of the goods.
III.3. Without undue delay upon the commissioning of the goods, the Purchaser is obliged to check the condition of the goods, in particular the number of pieces and the number of types of delivered goods, and the completeness thereof. If a non-compliance between the delivered goods and the purchase agreement and delivery note is discovered, the Interested Party is obliged to inform the Seller immediately, however, no later than 1 workday upon goods commissioning, about defects of the delivered goods and it is to add a description of the defects.
III.4. If the way of transport is agreed upon based on a special requirement of the Interested Party, the Interested Party is responsible for the risk and possible additional costs associated with that way of transport.
III.5. Concerning an Interested Party in a member state of the European Union, the goods is delivered to the address mentioned in the order within 1 to 7 workdays upon conclusion of the purchase agreement.
III.6. It is possible to collect the goods personally, if agreed upon in writing or by phone in advance, at the warehouse at the following address: Na Vyhone 4400, 695 01 Hodonin (opening hours Mon – Fri 8,00 a.m. – 5,00 p.m., or in accordance with an agreement via phone), no later than within 10 days upon Seller´s information about the availability of goods at the warehouse, unless the Parties to the Agreement agree otherwise.
IV.1. Until the Interested Party takes over the goods, the Seller is entitled withdraw from the purchase agreement anytime. In such a case, the Seller is to return the purchase price, which the Interested Party already paid, to the Interested Party by bank transmission to the account which the Interested Party notified of for this purpose, or to the account from which the funds were transmitted to pay for the purchase price (if the Interested Party does not notify the Seller within 5 days upon the withdrawal).
IV.2. The Interested Party is not entitled to withdraw from the purchase agreement, if the goods, specified in the purchase agreement, was delivered properly, in time, and without defects.
IV.3. The withdrawal from the agreement must be made in writing, and in the case of agreements agreed upon in an electronic form, also electronically. The withdrawal from the agreement becomes effective with the delivery of the notification about withdrawal to the other Party to the Agreement.
V.1. The Seller is obliged to perform the agreement without defects with stipulated or usual properties, so that the subject-matter of the performance can be used in accordance with the Agreement. If the performance of the Agreement is defective, the Interested Party have rights arising out of defective performance.
V.2. The Seller is responsible for ensuring that the goods feature, when taken over by the Interested Party, properties agreed upon by the Parties; in case such an agreement is not available, that the goods feature properties, described by the Seller and expected by the Interested Party due to the nature of the goods.
V.3. Provisions of Art. VI. 2 of the Commercial Terms and Conditions shall not apply to goods sold for price reduced due to the defect for which the reduced price was agreed upon, to goods´ wear and tear caused by common use, and in the case of used goods for the defect corresponding to the degree of use or wear, which the goods showed at the commissioning by the Interested Party, or if resulting from the nature of the goods.
VI.1. For consumable goods, the legal guarantee period is 24 months.
VI.2. The guarantee does not relate to common wear and tear, caused by the common use thereof.
VI.3. Complaints concerning defects shall be arranged for without undue delay, not later than within 30 calendar days upon the day of complaints, if not otherwise agreed upon by the Parties to the Agreement.
VII.1. If the Interested Party does not take over the goods as to provision in para III.1, if it does not pay the purchase price stated in the relevant invoice, if it does not collect goods as to provision of para III.6., this means that the Interested Party is in breach of the Agreement.
VII.2. If the purchase agreement is broken, the Seller offers the Interested Party next procedure by electronic mail. If the delivery was not taken over, the Seller, upon next consultation, shall again send the goods to the Interested Party at the expenses of the Interested Party, providing the Purchaser pays the purchase price within 3 workdays to Seller´s account.
VII.3. If there is no agreement as to provision of VII.2., or if the Purchaser does not show his interest to solve the matter, the Seller shall invite the Interested Party to pay for necessary expenses, namely at the amount of up to CZK 27.000 or EUR 1.000.
VII.4. If the amount mentioned in provision of para VII.3. is not paid within 7 workdays, the issue shall be given to an external agency which deals with collection of debts.
IX.1. If the relation based on the purchase agreement contains an international element, then the Parties to the Agreement herewith stipulate that the relation is governed by Czech law.
IX.2. If the relation based on the purchase agreement contains an international element, then the Parties to the Agreement herewith stipulate the jurisdiction of the Czech court as a body to settle at the expenses of the Interested Party disputes.
These Commercial Terms and Conditions become effective on 1 November 2020