Terms and Conditions
General Terms and Conditions for Consumers
I. Initial provisions
1.These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")
REO AMOS, spol. s r.o.
ID: 42767181
VAT ID: CZ42767181
with its registered office: Provozní 5560/1b, Třebovice, 722 00 Ostrava
registered at the Regional Court in Ostrava, Section C, Insert 1828
Contact details:
email: sales@reoamos.cz
phone: +420 777 150 156
www.reoamos.com
(hereinafter referred to as the "Seller")
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside of his/her business activity as a consumer (hereinafter referred to as the "Buyer") through the web interface located on the website available www.reoamos.com (hereinafter referred to as the "Online Store").
3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the Purchase Agreement are concluded in the English language.
II. Information about goods and prices
1. Information about the goods, including the prices of individual goods and their main features, are provided for individual goods in the catalogue of the online store. The prices of the goods are indicated including value added tax, all related fees and costs for returning the goods, if these goods cannot be returned by the usual postal means. The prices of the goods remain valid for the period for which they are displayed in the Online store. This provision does not preclude the conclusion of a purchase contract under individually negotiated conditions.
2. All presentation of goods placed in the catalogue of the Online store is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. The display of goods on the website of the Online store is not considered as an offer to conclude a purchase contract.
3. The weight of the supplied sorption agents may differ by +/- 10% compared to the catalogue values. The Seller also reserves the right to change the colour of individual goods, as long as the colours do not affect the function of the goods, including the burrowing walls, without prior notice.
4. The dimensions of other goods may differ with a tolerance of +/-10% compared to the values stated in the catalogue, as long as the deviation in dimensions does not affect the intended use of the goods. Furthermore, the specific design of the goods delivered to the buyer may differ from the catalogue, if this does not affect its purpose.
5. The online store publishes information about the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods provided in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic. The price for the transport of large-capacity goods will be calculated additionally.
6. Any discounts on the purchase price of the goods cannot be combined with each other, unless the Seller and the Buyer agree otherwise.
III. Order and conclusion of the purchase contract
1. 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) are borne by the Buyer himself.
2. The Buyer places an order for goods in the following ways:
· through his customer account, if he has previously registered in the online store,
· by filling out the order form without registration.
3. When placing an order, the Buyer chooses the goods, the quantity of goods, the payment and delivery method.
4. Before sending the order, the Buyer is allowed to check and change the data he has entered into the order. The Buyer sends the order to the Seller by clicking on "Send order with payment commitment".
5. The information provided in the order is deemed to be correct by the Seller. The Seller is not responsible for any damage incurred by the Buyer in connection with entering incorrect data into the order. The condition for the validity of the order is the completion of all mandatory data in the order form and the acceptance of these Terms and Conditions by the Buyer. Sending an order is considered a proposal by the Buyer to conclude a purchase contract.
6. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when ordering. This confirmation is automatic and sending it to the Buyer does not constitute an acceptance of the proposal to conclude a purchase contract. The confirmation is attached to the Seller's current terms and conditions.
7. The purchase contract is concluded only after the Seller explicitly accepts the order, based on the evaluation of the possibility of fulfilling the order in its entirety. There is no legal entitlement to the sending of a notice of receipt of the order and the conclusion of the purchase contract. Notification of receipt of the order is delivered to the Buyer's email address.
8. In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller will send an amended offer to the Buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the Buyer's confirmation of acceptance of this offer to the Seller to the Seller's e-mail address specified in these terms and conditions. Instead of changing the offer, the Seller is entitled to send the Buyer a notice of refusal to conclude the Purchase Contract due to unavailability of the goods or other similar reasons preventing the order from being processed.
9. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer receives a notification of receipt of the order by the Seller pursuant to par. 7 of this Article. The Buyer may cancel the order by phone to the Seller's phone number or email specified in these Terms and Conditions.
10. In the event that there was an obvious technical error on the part of the Seller when stating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously erroneous price, even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. In such a case, the Seller proceeds in accordance with par. 8 above.
IV. Customer Account
1. Based on the Buyer's registration made in the Online store, the Buyer can access his customer account. From their customer account, the Buyer can place orders of goods. The Buyer can also order goods without registration.
2. When registering for a customer account and ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the customer account in any way that they change. The data provided by the Buyer in the customer account and when ordering goods are deemed to be correct by the Seller. The Seller is not responsible for the consequences resulting from the provision of incorrect data within the customer account by the Buyer.
3. Access to the customer account is secured with a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties as a result of the Buyer's breach of this obligation.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel the customer account, in particular if the Buyer does not use his/her customer account for a longer period of time (i.e. if he/she has not logged in to the customer account for a period longer than 12 months) or if the Buyer breaches his/her obligations under the purchase agreement of these Terms and Conditions.
6. The Buyer acknowledges that the customer account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of the hardware and software equipment of third parties (hosting provider, etc.). The Seller is not responsible for the consequences resulting from the temporary unavailability of the customer account or of the pages of the Online store.
V. Payment terms and delivery of goods
1. The price of goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the Buyer in cash or by credit card for personal collection at the Seller’s premises.
2. Together with the purchase price, the Buyer is obliged to reimburse the Seller for the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also means the costs associated with the delivery of the goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods.
4. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's bank account. In the case of payment by card or other similar fast payment method, the Buyer's obligation to pay the purchase price is fulfilled by receipt of information from the payment service provider about the transaction being credited in favor of the Seller.
5. The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before the goods are shipped is not an advanced payment.
6. The goods are delivered to the Buyer:
· to the address specified by the Buyer in the order through the carrier
· by personal collection at one of the Sellers'sestablishments
7. The choice of delivery method is made during the ordering of the goods.
8. The cost of delivery of the goods, depending on the method of dispatch and receipt of the goods, is communicated to the Buyer within the order process and stated in the order confirmation by the Seller. Unless otherwise agreed by the Contracting Parties in a particular case, the Seller will arrange for the transport of the goods to the destination specified in the order confirmation by one of the offered methods, among which the Buyer chooses within the order, while the costs of transport of the goods will be paid according to the rules of the purchase contract and these Terms and Conditions. The fact that the Seller is to arrange transport does not mean that he will cover the costs associated with the transport of the goods. In the event that another method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
9. In the case of shipping within 24 hours, the Seller charges an express surcharge, the amount of which is communicated to the Buyer before the order is shipped.
10. 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 reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
11. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier. In the event that the shipment is damaged or lost, the Buyer is obliged to ensure that the shipment is not tampered with in any way and that the packaging of the shipment in which the shipment was delivered to him is preserved. For the same reason, the shipment must not be destroyed or transported to another place without the Seller's consent. In the case of damaged consignments, the Buyer is obliged to enable or ensure the possibility of inspecting the consignment also by a representative of the Seller's insurance company or the carrier. The Buyer is aware that if he fails to comply with his obligations in this paragraph, there may not be enough evidence of the occurrence of damage, which may lead to the rejection of his claim by the Seller.
12. The Seller issues a tax document to the Buyer – an invoice. The tax document is attached to the goods supplied.
13. The Buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including the costs of delivery, but not sooner than upon a delivery of goods. Liability for accidental destruction, damage or loss of goods passes on the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to take over the goods, but did not do so contrary to the purchase contract. If the transport is provided by the Buyer, the risk of damage and accidental destruction passes to the Buyer by handing over the goods to the first carrier.
VI. Withdrawal from the purchase contract
1. A Buyer who has concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 days
· from the date of receipt of the goods,
· from the date of receipt of the last delivery of goods, if the purchase contract is regular repeated supply of goods.
· from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated supply of goods.
3. The Buyer may not, among other things, withdraw from the purchase contract in cases specified in Section 1837 of the Civil Code, which may apply to the goods supplied by the Seller.
4. To comply with the withdrawal period, the Buyer must send a withdrawal statement within the withdrawal period.
5. To withdraw from the purchase contract, the Buyer can use the model withdrawal form provided by the Seller on the website of the Online store. The Buyer shall send the withdrawal from the purchase contract to the Seller's e-mail or delivery address specified in these Terms and Conditions, or in any other way pursuant to Article VIII. 3. The Seller shall confirm to the Buyer the acceptance of the withdrawal without delay.
6. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of the withdrawal effectiveness. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by the usual postal means due to their nature.
7. If the Buyer withdraws from the contract, the Seller shall return to him without delay, but no later than 14 days after the withdrawal from the contract, all the funds, including the delivery costs, which he has received from him, in the same manner. The Seller will return the funds received to the Buyer in another way only if the Buyer agrees to this and if this does not incur additional costs.
8. If the Buyer has chosen a method of delivery of goods other than the cheapest one offered by the Seller, the Seller will only refund the Buyer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.
9. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer delivers the goods to the Seller or before he proves that he has sent the goods to the Seller, regardless of the deadline under par. 7 of this Article.
10. The Buyer must return the goods to the Seller in a condition corresponding to the handling of these goods only to the extent necessary to familiarize themselves with their nature, properties and functionality (in particular, undamaged, unworn and unsoiled and, if possible, in their original packaging). The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods by use beyond the necessary scope under this article against the Buyer's claim for a refund of the purchase price.
11. The Seller is entitled to withdraw from the purchase contract due to stocks being sold out, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods, if these facts become apparent only after the conclusion of the purchase contract within the meaning of Article III, par. 7 of these Terms and Conditions. The Seller shall withdraw from the contract in the form of an e-mail sent to the e-mail address specified in the order and shall return all funds, including delivery costs, received from the Buyer on the basis of the contract within 14 days of the notification of withdrawal from the Purchase Contract, in the same manner or in the manner specified by the Buyer.
VII. Rights arising from defects
1. The Seller shall be liable to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is liable to the Buyer that at the time when the Buyer took possession of the goods:
· the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have such characteristics as the Seller or manufacturer has described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising carrier out by them,
· the goods are suitable for the purpose stated by the Seller for their use or for which the goos of this type are usually used,
· the goods are in the corresponding quantity, measure or weight, and
· the goods comply with the requirements of legal regulations.
2. If the defect becomes apparent within one year of receipt of the goods by the Buyer, the goods are deemed to be defective at the time of receipt. The Buyer is entitled to exercise the right arising from a defect that occurs in the consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to a defect corresponding to the degree of use or wear and tear that the goods had at the time of receipt by the Buyer, or if this results from the nature of the goods.
3. The right of the Buyer to exercise rights arising from defects in goods does not apply:
· in the case of goods sold at a lower price, for those defects for which a lower price of these goods has been agreed;
· to cases of wear and tear of goods caused by their normal use;
· in the case of a defect caused by the improper use of the goods, if it has led to their damage;
· in the case of used goods, to defects corresponding to the degree of use or wear that the goods already had when they were taken over by the Buyer;
· defects resulting from failure to comply with the instructions given by the Seller, manufacturer or distributor in the documentation for the goods;
· defects caused by an external event (e.g. intervention of a third party or unavoidable event, etc.).
4. In the event of a defect, the Buyer may submit a complaint to the Seller and demand the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect; Otherwise (especially if the defect can be removed without undue delay), the Buyer is only entitled to a free removal of the defect. If the defect concerns only a detachable part of the goods, the Buyer may only demand the replacement of this component. In the case of a remediable defect, if the Buyer cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects, the Seller has the right to deliver new goods or replace a part; For the purposes of this provision, repeated occurrence of a defect means at least three times the occurrence. If the Buyer does not withdraw from the purchase contract or if he does not exercise the right to the delivery of new goods without defects or to the replacement of a part of the goods or to the free repair of the goods, he may demand a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller fails to remedy the goods within a reasonable time or if the remedy would cause significant difficulties to the Buyer.
5. The Buyer has the right to withdraw from the contract,
· if the goods have material defect,
· if the item cannot be properly used due to the repeated occurrence of the defect of defects after repair,
· in the event that goods exhibit a large number of defects.
6. The Seller is obliged to accept the complaint at any establishment where it is possible to accept it, or at its registered office, if it is different from the address of the establishment. The Seller is obliged to issue the Buyer with a written confirmation of the exact time of receipt of the complaint, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
7. The Seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonable for the type of product or service necessary for the professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, no later than 30 days from the date of filing the complaint, unless the Seller and the Buyer agree 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 filing a complaint is considered to be the moment when the Seller receives the expression of the Buyer's will (the exercise of the right arising from defective performance).
8. The Buyer is obliged to raise a complaint about defects in writing, where, in addition to the identification of the goods, the order and its confirmation and the defect, including its description, he also states what right he exercises from the defects of the goods. The Seller shall notify the Buyer of a statement on the complaint within 30 days at the latest, and the Seller shall be obliged to write a statement on the settlement of the complaint in accordance with Art. 19 par. 5 of the Act. No. 634/1992 Coll. on Consumer Protection, a protocol containing at least the following:
· the date of filing the complaint ( the date of receipt of the defect statement);
· the reasons for the complaint;
· the method of handling the complaint requested by the Buyer;
· the result of the inspection of the claimed goods by the Seller or its contractual partner (manufacturer or distributor of the goods);
· the justification of the eligibility and the manner of its settlement (repair or replacement of goods), or;
· justification for rejecting the complaint.
9. The Buyer does not have the right arising from the defective performance if the Buyer knew before taking over the goods that the it exhibits a defect, or if the Buyer caused the defect himself. If the Buyer requires the delivery of new goods without defects, the Seller is obliged to send the new goods to the Buyer only after receiving the defective goods from the Buyer or after the Buyer has proved that he has sent the goods to the Seller.
10. In the event of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
11. The Buyer shall be entitled to the choice of the method of settlement within the meaning of par. 4. hereabove.
12. 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 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.
VIII. Service
1. The Contracting Parties may deliver all written correspondence to each other via e-mail.
2. The Buyer delivers correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in his customer account or in the order.
3. The Buyer may withdraw from the contract within the meaning of Article VI in the form of an e-mail pursuant to this Article, by telephone, in the form of a text message, in writing to the address of the Seller's registered office or establishment, by data box, or in other ways permitted by the Seller.
IX. Out-of-court dispute resolution
1. In the event of a dispute between the Seller and the Buyer arising from the purchase contract, which cannot be resolved by mutual agreement without the intervention of a third party, the consumer has the right to file a motion for out-of-court settlement of this dispute with the competent entity for out-of-court settlement of consumer disputes.
2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.
3. Consumers from other EU Member States, Norway, Iceland or Liechtenstein can use national out-of-court dispute resolution bodies in these countries or contact the European Consumer Centre, which provides free assistance in cross-border disputes.
4. More information about ADR tools is available on the websites of the Czech Trade Inspection Authority and the Ministry of Industry and Trade.
5. The Seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out by the relevant Trade Licensing Office within its competence. To a limited extent, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.
X. Buyers' Privacy and personal data protection
1. The Seller processes the personal data of Buyers for the purpose of processing orders, for the purpose of providing performance under the purchase contract and for the purpose of handling complaints. In the case of Buyers with a customer account, the Seller processes their personal data for the purpose of maintaining the customer account. Information on the processing of Buyers' personal data, including information on their rights as personal data subjects, is available here. In relation to the personal data of the Buyers, the Seller is in the position of the administrator of personal data according to Article 4 (1) of the Act. 7 Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR Regulation).
2. Consent to the processing of personal data in cases where it is required is granted by the Buyer as part of the ordering process or as part of creating a customer account.
3. To the Buyers who have concluded a purchase contract with the Seller and have entered their e-mail address, the Seller is entitled to send commercial communications to this e-mail address regarding the offer of goods in the Online Store and related news, unless they expressly refuse to send such messages by unchecking the relevant box in the order. The Buyer is entitled to cancel the sending of these commercial messages at any time, free of charge and with any sanctions, which is provided to the Buyer in each individual commercial communication.
4. To ensure the functionality of the Online Store pages, the Seller uses cookies. Through the interface located on the website of the Online Store, the Buyer may give consent to the use of non-technical cookies necessary for the proper operation of the website.
XI. Final Provisions
1. 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 rights of the consumer arising from generally binding legal regulations – in particular, a consumer residing in another EU Member State cannot be deprived of the higher level of protection provided by his or her home law compared to the protection provided by the law of the Czech Republic.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826 (1) of the Commercial Code. 1 lit. e) of the Civil Code.
3. All rights to the Seller's website, in particular the copyright to the content, including the layout of the page, photos, 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 part of it without the consent of the Seller.
4. The Seller shall not be liable for errors resulting from interference by third parties with the Online Shop or as a result of its use contrary to its intended purpose. When using the Online Store, the Buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to unauthorize interference or unauthorized use of the software or other components of the Online Store, and to use the Online Store or its parts or software in a way that would be contrary to its intended purpose or purpose.
5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (1) of the Civil Code. 2 of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
7. In the case of Buyers concluding a purchase contract outside the customer account, the purchase contract is always governed by the wording of the terms and conditions effective at the time of sending the order. In the case of Buyers with a customer account, the wording of the Terms and Conditions applies to all purchase contracts concluded by the Buyer through the customer account, until this wording is amended in the manner specified in the following paragraph.
8. The Seller is entitled to unilaterally change these Terms and Conditions if there is a reasonable need to change them, including in relation to Buyers with a customer account. The Seller shall notify all Buyers with a customer account of the planned change in the form of an e-mail containing the new wording of the Terms and Conditions, at least 15 days before the new wording comes into effect. As part of the first login to the customer account after the new wording comes into effect, the Buyer is asked to confirm their consent to the new wording. In the event that the Buyer does not agree to the new wording of the terms and conditions, he is not allowed to place a new order through the customer account. This is without prejudice to the Buyer's ability to place orders outside the customer account. This procedure does not affect the rights and obligations arising during the period of effectiveness of the previous wording of the Terms and Conditions – in particular, the change in the Terms and Conditions does not affect the performance of purchase contracts concluded before the change came into effect.
9. Attached to the Terms and Conditions is a sample withdrawal form, available here.
General Terms and Conditions for Entrepreneurs
1. Introductory Provisions
1.1. The Seller is a trading company engaged in, among other things, the sale of Products intended in particular for the liquidation of damages and accidents, as well as Products for the prevention of damage and accidents, as well as for ensuring order and other products in the Seller's catalogue or on the Seller's online store.
1.2. The Buyer is interested in purchasing the Products offered by the Seller.
1.3. These General Terms and Conditions shall apply only if the Buyer does not conclude the Purchase Agreement in the position of a consumer within the meaning of Section 419 of the Civil Code.
1.4. These General Terms and Conditions govern the rights and obligations of the contracting parties in the area of sale of the Seller's Products to its business partners and customers offered in the Catalogue, which is available in paper or electronic form to the Seller's business partners and customers.
1.5. These General Terms and Conditions are an integral part of the Purchase Agreement concluded between the Buyer and the Seller for the Products listed in the Catalogue and govern the mutual rights and obligations of the parties to the Purchase Agreement.
2. Definitions and Interpretation of Terms
2.1 The terms used in these Terms and Conditions shall have the following meanings:
2.1.1. Online Store - an interface enabling the selection of goods and their ordering and payment, available on the "www.reoamos.cz" page, operated by the Seller;
2.1.2. Catalogue - a list of Products kept in electronic form on the website of the Online Store or in paper form in the Seller's printed materials, in which the individual items of the products are listed in detail, including its price and delivery conditions;
2.1.3. Purchase Agreement - a purchase agreement for the sale
2.1.4. Buyer - a natural person acting as part of its business activities or a legal entity concluding a Purchase Agreement with the Seller for the Products listed in the Catalogue;
2.1.5. Civil Code - Act No. 89/2012 Coll., Civil Code;
2.1.6. Order - the Buyer's proposal to conclude the Purchase Agreement, communicated to the Seller via the website www.reoamos.com, or by telephone, e-mail or in paper form.
2.1.7. Seller - the company REO AMOS, ID No. 42767181, with its registered office at Provozní 5560/1b, Třebovice, 722 00, Czech Republic, registered in the Commercial Register operated by the Regional Court in Ostrava, Insert C, Section 1828, which is the Seller and supplier of the Products listed in the Catalogue within the Purchase Agreements concluded pursuant to these GTC; the Seller's contact details are provided in the Catalogue and also on the Seller's website available under www.reoamos.com;
2.1.8. Products - goods offered in the Catalogue. the supplier of which is the Seller under the Purchase Agreements;
2.1.9. Contracting Parties - a common designation for the Buyer and the Seller at the same time;
2.1.10. General Terms and Conditions or GTC - these General Terms and Conditions of REO AMOS, spot. s r.o. for the sale of Products to entrepreneurs.
3. Ordering Products and concluding Purchase Agreements
3.1. Product information and Order Execution
3.1.1. The products listed in the Catalogue are not a legally binding offer within the meaning of sec. 1732 par. 2 of the Civil Code, but only an invitation to the Buyer to send a binding proposal for the conclusion of the Purchase Agreement in the form of an Order. The depiction of the Products listed in the Catalogue is for information purposes only and is not binding. In particular, the aesthetic elements of the Products may be changed by the Seller, or the Products delivered on the basis of the Purchase Agreement may differ in aesthetic elements from the Products depicted in the Catalogue, while these elements do not affect the functionality of the Products (colour, shape of the Products not affecting their functionality, size of the Products not affecting their functionality).
3.1.2. The Buyer shall place an Order in the form of creating an order in the Online Store, by phone, e-mail or in paper form, whereby the Order must contain at least the following information:
· Buyer's name or business name or business name and Buyer's registered office, place of business or residence;
· ID and VAT number of the Buyer is an entrepreneur within the meaning of Art. Section 420 of the Civil Code, or if he is registered as a VAT payer;
· the code and name of the Product according to the Catalogue;
· the quantity of required Products (the units for the characteristics of the quantity of ordered Products must correspond to the units specified in the Catalogue for the ordered Product);
· the place of delivery of the Products ordered;
· telephone and e-mail contact of the Buyer.
3.1.3. The minimum scope of data provided through the Online Shop is given by the order form on the relevant page of the Online Shop.
3.1.4. Sending the Order by the Buyer via the Online Store, in paper or electronic form or by telephone is considered as a proposal of the Buyer to conclude a Purchase Agreement with the Seller.
3.1.5. The Seller does not guarantee the immediate availability of the Products listed in the Catalogue. In the event that the Products specified in the Order are in the Seller's warehouse and if the Seller's operating conditions allow it, then such Products are usually sent to the Buyer within 5 working days of the Seller's acceptance of the Order.
3.1.6. For selected Products, if they are available in the Seller's warehouse and the Seller's operating conditions allow it, it may be possible to send them to the Buyer within 48 hours of the Seller's receipt of the Order – the Buyer will indicate the request for the delivery of the Products within this shortened delivery period in the Order or communicate them within the telephone Order. The Seller does not guarantee that the above deadline for the delivery of the Products will be met. Shipment of the Products means handing them over to the first carrier for transport.
3.1.7. For Products marked in the Catalogue with the letter "D", the delivery time is agreed by a special agreement; in such cases, the Buyer will receive a written or electronic confirmation of the Order stating the expected date of delivery of the Products, while this date is considered indicative and the Seller has the right to specify such a date, even repeatedly, while the specification is also considered to be the setting of a delivery date later than that communicated to the Buyer in the previous communication.
3.1.8. The price of the Products listed in the Catalogue is given for entire packages, which may contain more than one piece of Products. Some types of Products can also be delivered in individual pieces with a price increase of ten percent.
3.2. Conclusion of the Purchase Agreement
3.2.1. The Seller shall immediately confirm to the Buyer the receipt of the Order made through the Online Shop by sending a summary of the Order to the e-mail address specified by the Buyer. In the attachment to the recapitulation of the Order, the Seller shall also send the Buyer the wording of these GTC. The recapitulation of the Order is not considered as acceptance of the proposal to conclude the Purchase Agreement and its acceptance by the Buyer does not conclude the Purchase Agreement.
3.2.2. On the basis of the received Order, the Seller verifies its requisites and the availability of the Products in the given specification and quantity according to the Order. In the event that the Order contains all the necessary information for the delivery of the Products to the Buyer and after verifying the availability of the Products specified in the Order, the Seller shall send the Seller a confirmation of the Order containing also information about the expected delivery of the Products to the Buyer.
3.2.3. The Purchase Agreement is deemed to have been concluded upon receipt of the Order confirmation by the Buyer, which will be sent by the Seller in electronic form to the Buyer's e-mail address or in paper form to the address provided by the Buyer. In case of doubt as to the delivery of the confirmation to the Buyer, it shall be deemed that the Buyer has received the confirmation of the Order on the third day from the date of sending the confirmation of the Order to the address specified by the Buyer.
3.2.4. In the event that the Order contains information insufficient to deliver the Products, the Seller shall inform the Buyer of this fact. Acceptance of this information does not result in the conclusion of the Purchase Agreement. In such a case, the conclusion of the Purchase Agreement is possible, but only after the Seller has found out or received sufficient information regarding the Order.
3.2.5. On the basis of the concluded Purchase Agreement, the Seller undertakes to deliver the Products to the Buyer according to the confirmed Order for the agreed purchase price and the Buyer undertakes to take over the Products and pay the purchase price.
3.2.6. In the event of concluding the Purchase Agreement remotely, the Buyer shall separately bear the costs of using the means of communication for the purpose of concluding the Purchase Agreement remotely, acknowledging that the amount of these costs may depend on the conditions of the Internet or telephone connection used by the Buyer to communicate with the Seller and to conclude the Purchase Agreement.
3.2.7. The provisions of this Article of the GTC do not preclude the conclusion of the Purchase Agreement under individually negotiated conditions.
4. Customer account
4.1. On the basis of the Buyer's registration in the Online Store, the Buyer can access his customer account. From its customer account, the Buyer may order Products. The Buyer may also order Products without registration.
4.2. When registering for a customer account and ordering Products, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data provided in the customer account in the event of any change. The information provided by the Buyer in the customer account and when ordering the Products is considered correct by the Seller. The Seller is not responsible for the consequences resulting from the provision of incorrect data within the customer account by the Buyer.
4.3. Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be liable for any misuse of the Customer Account by third parties as a result of the Buyer's breach of this obligation.
4.4. The Buyer is not entitled to allow the use of the Customer Account to third parties, except for its own authorized employees or members.
4.5. The Seller may cancel the Customer Account, in particular if the Buyer does not use his/her Customer Account for a longer period of time (i.e. if he/she has not logged in to the Customer Account for a period longer than 12 months) or if the Buyer breaches his/her obligations under the Purchase Agreement of these GTC.
4.6. The Buyer acknowledges that the customer account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of the hardware and software equipment of third parties (hosting providers, etc.). The Seller is not responsible for the consequences resulting from the temporary unavailability of the customer account or the pages of the Online Store.
5. Delivery and payment terms
5.1. Transport
5.1.1. All shipments within the EU are sent under DAP (Delivered at Place) terms. The Seller arranges the delivery to the address specified by the Buyer within the Order. No additional customs duties or import taxes apply to EU customers. Shipping cost will be calculated individually based on destination and package weight. The Buyer will receive an email with the final shipping price, which must be approved before dispatch.
5.1.2. Shipments outside of EU are shipped under DAP (Delivered at Place) terms. The Seller shall cover the transportation to the Buyer’s address, but the Buyer is responsible for any customs duties, VAT, or import fees charged upon delivery. Shipping cost will be determined individually. The Buyer will be notified by email with the final shipping cost, and the order will only be shipped after his confirmation.
5.1.3. Parties can agree on EXW shipping from the Seller’s premises, specified in the Purchase Agreement. In such a case, the Buyer or his carrier shall be responsible for pickup of the Products and for arranging all export/import formalities.
5.1.4. In the case of sending the Products with payment on delivery, the Buyer pays the purchase price and shipping costs directly to the carrier.
5.1.5. Based on the concluded Purchase Agreement, the Buyer is obliged to take over the Products. In the event that Buyer refuses to accept the Products whose price is to be paid upon delivery or fails to accept the Products for reasons attributable to Buyer, Buyer shall bear the costs of repeated delivery of the Products in full.
5.2. Risk of damage to the Products and acquisition of ownership
5.2.1. The risk of damage and accidental destruction of the Products passes to the Buyer at the moment of receipt. If the Products are transported by a carrier, the risk of damage and accidental destruction of the Products passes to the Buyer by handing over the Products by the Seller to the first carrier for transport to the destination of the Products, regardless of the moment of transfer of ownership of the Products.
5.2.2. The Buyer acquires the ownership right to the Products only upon full payment of the purchase price.
5.3. Documents submitted with Products
5.3.1. With each Product, the Buyer will receive technical data for the Product with the relevant attestation, if such attestation has been performed for the Product and is available to the Seller, and will also receive instructions for the use of the Product, if the use of the Product requires instructions.
5.4. Product Deliveries
5.4.1. The Seller undertakes to deliver the Products to the Buyer in the agreed quantity and quality, and if the quality of the Products is not agreed, then in the quality usual for the purpose for which the Product is usually to be used.
5.4.2. If the packaging of the Product does not allow the quantity according to the Purchase Agreement to be met, the Seller is entitled to deliver the remaining part of the Products together with the next delivery of other Products to the Buyer, if possible and unless the parties agree otherwise in the given particular case.
5.4.3. The Seller reserves the right to partially supply the Products in justified cases.
5.4.4. The fulfilment of the Seller's obligation to deliver the Products under the Purchase Agreement shall be deemed to be the acceptance of the Products by the Buyer at the Seller's pick-up point (EXW delivery) or handover by an authorized person of the Seller (DAP delivery) at the agreed place of delivery or handover of the Products to the first carrier.
5.4.5. In the case of dispatch of Products on pallets, the price of the pallet will be charged to the Buyer together with the purchase price of the Products. A pallet is a returnable packaging that can be returned to the Seller within 6 months of delivery of the Products. After the pallet is returned, its price will be credited in full to the Buyer. The Buyer may only return the pallet undamaged, of the same material and size as it was handed over to him with the Products.
5.5. Disclaimer of Weight, Colour and Dimensions Variations of Products
5.5.1. The weight of the supplied sorption agents may differ by +/- 10% compared to the catalogue values. The Seller also reserves the right to change the color of the Products, as long as the colors do not affect the function of the Products, including the burrowing walls without prior notice.
5.5.2. The dimensions of the Products may vary with a tolerance of +/- 10% compared to the values stated in the Catalogue, if the deviation in dimensions does not affect the purpose of the Product. Furthermore, the specific design of the Products delivered to the Buyer may differ from the Catalogue, if this does not affect their purpose.
5.5.3. The Buyer acknowledges that the photographs used in the Catalogue are illustrative and the Products may show deviations specified in this Article 5.5 of the GTC.
5.6. Payment terms
5.6.1. The purchase price of the Products is specified in the Catalogue, with the exception of specific Products, for which the purchase price is communicated at the Buyer's request.
5.6.2. The prices listed in the Catalogue are valid when the whole package is purchased.
5.6.3 In the case of Orders sent via the Online Store, the price of the Products stated on the relevant page at the time of sending the Order is always valid. In the case of Orders relating to Products offered in the paper Catalogue, the Seller reserves the right to change the prices of the Products stated in the Catalogue during the validity of the Catalogue in the event of changes in production costs, in particular the prices of materials or raw materials and/or personnel costs. The Seller will be informed about the change in the price of the Product after sending the Order to the Seller. If the Buyer is not informed by the Seller about the change in the price of the Product, the price stated in the Catalogue applies.
5.6.4. In the case of Orders sent through the Online Store, the Buyer is obliged to choose one of the offered payment methods that allow the Seller to accept the purchase price before the delivery of the Products to the Buyer. The Buyer is obliged to pay the first three Orders made in a manner other than through the Online Shop in cash or by payment in advance on the basis of an issued advance invoice. For deliveries of Products on the basis of the fourth and subsequent Orders, it is possible to pay the purchase price for the delivered Products by non-cash payment on the basis of an invoice issued by the Seller. A different method of payment of the purchase price is possible only by mutual agreement of the contracting parties.
5.6.5. The Seller reserves the right to demand payment of the purchase price in cash upon delivery of the Products or on the basis of an advance invoice prior to delivery of the Products, up to the full purchase price.
5.6.6. The due date of the invoice for the delivered Products, unless otherwise agreed in writing by the Contracting Parties, is 14 days from the date of the taxable supply. In the event that the Buyer is unable to pay the invoice for the delivered Products for any reason within the due date of the invoice, the Buyer is obliged to immediately contact the Seller's sales or sales manager. Contacting the Seller does not give the Buyer the right to request a change in the due date of the invoice for the delivered Products, but a change in the due date of the invoice may be made only by agreement of the Contracting Parties.
5.6.7. The Buyer is entitled to return the invoice for the delivered Products to the address of the Seller's registered office within the due date, if the invoice does not contain the requisites specified for a tax document by Act No. 235/2004 Coll., on Value Added Tax, as amended. In the case of returning an invoice, the buyer is obliged to state the reasons for returning the invoice in the cover letter, which is attached to the returned invoice. In such a case, the Seller will issue a new invoice for the delivered Products, while the due date of the corrected invoice runs from the date of its issuance.
5.6.8. The Buyer's obligation to pay the purchase price of the Products (advance payment of the purchase price of the Products) to the Seller is fulfilled on the date of crediting the amount in question to the Seller's bank account specified in the invoice.
5.6.9. When taking the Products at the Seller's premises (EXW) at a purchase price of up to EUR 500,-excluding VAT, unless otherwise agreed in writing in a specific case, the purchase price will be paid in cash upon receipt of the Products.
5.6.10. In the event of the Buyer's delay in paying the invoice (or advance invoice), default interest is agreed in the amount of 0.05% of the amount due for each day of delay. For the period of the Buyer's delay in paying the purchase price, the Seller is entitled to suspend further deliveries of the Products.
5.6.11. The Buyer is entitled to assign or pledge its receivable against the Seller to a third party or in favor of a third party only with the prior written consent of the Seller. The Buyer is entitled to set off any of its receivables against the Seller's receivable arising from an individual Purchase Agreement solely on the basis of a prior written agreement with the Seller, unless otherwise stipulated by the Civil Code in a specific case.
6. Claiming defects in the products and warranty for the quality of the Products
6.1. Acceptance of products
6.1.1. The Seller is liable to the Buyer for the fact that the Product is free of defects upon receipt, in particular that it was delivered in the quantity, quality and design resulting from the Purchase Agreement and is able to serve the usual purpose for which similar products are used.
6.1.2. If the Buyer receives the Products from the carrier, he must check the integrity of the packaging and if he discovers any defects in the Product itself caused by shipping within 24 hours, he immediately reports this defect to the Seller. If the Buyer finds damage to the delivered Product caused during transport, he is obliged to indicate this fact upon receipt in the consignment and delivery note, or in another document accompanying the shipment of the Product. In this context, any visible defect on the packaging or the Product upon acceptance from the carrier must be stated in the shipping note and/or delivery note and confirmed by the carrier. The complaint will not be accepted if the Buyer complains about defects in the Product caused by its transport after 24 hours. The Buyer does not send the Product damaged by transport to the Seller but waits for the collection of the Products by the carrier, to whom the Seller will file a complaint about the transport based on the information provided by the Buyer. If the shipment is damaged or partially lost, the Buyer is obliged to ensure that the shipment is not tampered with in any way and that the packaging of the shipment in which the shipment was delivered to him is preserved. For the same reason, the shipment must not be destroyed or transported to another place without the seller's consent. In the case of damaged consignments, the Buyer is obliged to enable or ensure the possibility of inspecting the consignment also by a representative of the Buyer's insurance company or the carrier. The Buyer is aware that if the Buyer fails to comply with its obligations under this paragraph, there may not be sufficient evidence of the occurrence of damage, which may lead to the rejection of the complaint by the Seller.
6.1.3. The Buyer is obliged to inspect the delivered Products without undue delay after their receipt, with all the care that can be expected of him as an entrepreneur.
6.2. Claiming Defects by the Buyer
6.2.1. The Buyer is entitled to exercise the right arising from defects that the Product exhibited at the time of the transfer of the risk of damage to the Buyer, even if these defects do not become apparent until later, if the Seller does not provide the Buyer with a warranty for the Product, allowing him to assert claims for defects that arise on the Product during the warranty period.
6.2.2. In the event that the Product has defects meaning a material breach of the Purchase Agreement, the Buyer is entitled to:
a) require the defect to be removed by delivering a new Product without defects or by delivering a missing Product;
b) request the removal of the defect by repairing the Product;
c) to demand a reasonable discount on the purchase price;
d) request withdrawal from the Purchase Agreement.
6.2.3. The Buyer shall inform the Seller of the right he has chosen under the previous article, together with the sending of a notification (complaint) of the defect or without undue delay, no later than 3 days from the date of sending the notification of the defect in the Product. In the event that the right from defects is not chosen within the period specified above, the Buyer is entitled to the right as if it were a minor breach of the Purchase Agreement.
6.2.4. A material breach of the Purchase Agreement is considered to be a defect of which the Seller already knew or should have known at the time of concluding the Purchase Agreement that the Buyer would not have concluded the Purchase Agreement if he had foreseen this defect. In particular, a defect is considered to be material if the Product is not able to serve its purpose at all.
6.2.5. In the event that the Product has defects as a result of which the Purchase Agreement is materially breached, the Buyer is entitled to demand the removal of the defect or a reasonable discount on the purchase price. Until the claim for a discount on the purchase price or withdrawal from the Purchase Agreement is claimed, the Seller is entitled to proceed in accordance with Art. 2107 par. 2 of the Civil Code. In the event that the Seller fails to remove the defect in time or refuses to remove it, the Buyer is entitled to request a discount on the purchase price or withdraw from the Purchase Agreement.
6.3. Quality guarantee
6.3.1. Unless otherwise stipulated in the Catalogue or in the Technical Data or in an individual Purchase Agreement, the Seller provides a warranty for the quality of the Products for a period of 24 months. The warranty period runs from the date of delivery of the Products to the Buyer or, if the Product has been dispatched under the Purchase Agreement (DAP), the warranty period runs from the date of delivery of the Product to its destination.
6.3.2. With the quality guarantee, the Seller undertakes than the Product will be fit for use for its usual purpose for a certain period or that it will retain its usual properties.
6.3.3. The condition for exercising the rights under the warranty is that the Buyer uses the Product in the prescribed or usual manner, whereby the Seller bears no responsibility for defects and damages caused by use in any other way, and the Buyer is not entitled to the benefit resulting from the warranty in such a case.
6.3.4. The warranty for the quality of the Product does not cover its normal wear and tear.
6.4. Common provisions for making claims for defects
6.4.1. Regardless of whether the Buyer asserts claims under liability for defects or under warranty, he is entitled to assert them in the manner described in the article 2.
6.4.2. If the Buyer discovers defects in the Product, the Buyer must inform the Seller in writing without undue delay. The Buyer is obliged to file a complaint about the Product, service requests, or technical assistance with the Seller in writing at the address of the Seller's registered office or in person at the Seller's premises located at the same address as the Seller's registered office, during the operating hours of this establishment. The delivery of a larger quantity of Products than resulting from the Purchase Agreement is not considered a quantity defect. In such a case, the Buyer is entitled to reject the excessive quantity of Products within the period specified in this article, otherwise the Purchase Agreement is considered to have been concluded even in respect of the excessive quantity, and the Seller is entitled to payment of the Purchase Price corresponding to a larger quantity of Products.
6.4.3. In the event that the Buyer does not find and complain about defects that can be detected upon receipt within the period specified in Art. 2, he loses the rights arising from defective performance within the meaning of Art. 2112 of the Civil Code. This does not apply if the Seller must have obviously known about this defect when sending the Product to the Buyer.
6.4.4. Any compensation for damage caused by a defect in the Product is limited in amount to the amount corresponding to the purchase price of the given Product for which the Product was sold to the Buyer. The Seller shall not be liable for damage in the form of lost profit, nor for damage incurred by a person other than the Buyer.
6.4.5. The Seller is not liable for the delivered Products and the results of their use in the event of non-compliance with technological procedures, improper use, handling or storage.
7. Withdrawal from the Purchase Agreement
7.1. The Buyer is entitled to withdraw from the Purchase Agreement due to a material breach thereof by the Seller, in particular if the Seller is in delay with the delivery of the Products for more than 30 days from the final delivery date set by the Seller (this deadline is not considered to be the indicative delivery dates of the Products specified in Article 3.1 of the GTC). Also, in cases where the Buyer is in default with the payment of the advance invoice or the supply of Products is stopped pursuant to Art. 6.10. of the GTC the Seller is not considered to be in delay.
7.2. The withdrawal must be made in writing via a data box, e-mail with a valid electronic signature of the Buyer or in paper form, whereby the Buyer shall state the Order number, the identification of the Order confirmation and the date of purchase in the withdrawal. The withdrawal takes effect at the moment of its delivery to the Seller.
7.3. In the event of a valid withdrawal from the Purchase Agreement, the Seller is obliged to return the purchase price to the Buyer if it has already been paid by the Buyer at the time of withdrawal. Similarly, the Buyer is obliged to return to the Seller all Products that were delivered to the Seller before the withdrawal took effect under the Purchase Agreement in question. The Seller is not obliged to return the purchase price paid to the Buyer until the Buyer proves that he has sent back the Products that he is obliged to return.
8. Privacy Policy
8.1. The Seller processes the personal data of the Buyers, or the personal data of persons acting on behalf of the Buyers who are legal entities (hereinafter referred to as the "Buyer") for the purpose of processing Orders, for the purpose of providing performance under the Purchase Agreement and for the purpose of handling complaints. In the case of Buyers with a customer account, the Seller processes their personal data for the purposes of maintaining the customer account. Information on the processing of personal data of Buyers, including information on their rights as subjects of personal data, is available here. In relation to the personal data of the Buyers, the Seller is in the position of the personal data administrator pursuant to Article 4 (1) of the Act. 7 Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR Regulation).
8.2. The Buyer grants consent to the processing of personal data in cases where it is necessary as part of the process of creating an Order, or as part of creating a customer account.
8.3. The Seller is entitled to send commercial communications to this e-mail address to the Buyers who have concluded a Purchase Agreement with the Seller and entered their e-mail address, unless they expressly refuse to send such messages by unchecking the relevant box within the Order. The Buyer is entitled to cancel the sending of these commercial messages at any time, free of charge and with any sanctions, which is provided to the buyer in each individual commercial communication.
8.4. To ensure the functionality of the Online Shop website, the Seller uses cookies. Through the interface located on the website of the Online Store, the Buyer may give consent to the use of non-technical cookies necessary for the proper operation of the website.
9. Final provisions
9.1. In matters not regulated by the Purchase Agreement and these General Terms and Conditions, the rights and obligations between the parties arising from the Purchase Agreement shall be governed by the law of the Czech Republic, in particular the Civil Code, even if the Buyer is a person with a registered office/place of business in another country. This arrangement has the character of a choice of applicable law within the meaning of Section 87 (1) of the Act. No. 91/2012 Coll. on Private and Procedural International Law.
9.2. In the case of Buyers concluding the Purchase Agreement outside the customer account, the Purchase Agreement is always governed by the wording of the GTC effective at the time of sending the Order. In the case of Buyers with a customer account, the wording of the GTC applies to all Purchase Agreements concluded by the Buyer through the customer account, until this wording is amended in the manner specified in the following paragraph.
9.3. The Seller is entitled to unilaterally change these GTC if there is a reasonable need to change them, including in relation to Buyers with a customer account. The Seller shall notify all Buyers with a customer account of the planned change in the form of an e-mail containing the new wording of the GTC, at least 15 days before the new wording comes into effect. As part of the first login to the customer account after the new wording comes into effect, the Buyer is asked to confirm their consent to the new wording. If the Buyer does not consent to the new wording of the GTC, he is not allowed to make a new Order through the customer account. This is without prejudice to the Buyer's ability to place Orders outside the customer account. This procedure does not affect the rights and obligations arising during the effective period of the previous wording of the GTC – in particular, the amendment to the GTC does not affect the performance of Purchase Agreements concluded before the change came into effect.
9.4. In the event that any provision of the Purchase Agreement or these GTC is or becomes invalid or ineffective, this shall not affect the validity and effectiveness of the other provisions of the Purchase Agreement and these GTC.
9.5. By submitting an Order through the Online Store, the Buyer confirms that they have read the Purchase Agreement and these General Terms and Conditions and agree with their content. Buyers who send an Order on the basis of the Catalogue in paper form are provided with the GTC within this Catalogue, and subsequently the current wording of these GTC is sent to them together with the confirmation of the Order. Furthermore, the Buyer declares that even if any provision of these General Terms and Conditions could be considered surprising, all provisions have been properly explained to him, considered and are accepted by them.
9.6. The Contracting Parties as entrepreneurs in accordance with Art. 1801 of the Civil Code agreed that their contractual relationships based on the Purchase Agreement are not subject to Art. 1799 and 1800 of the Civil Code.