
issued by the company MGM COMPRO International s.r.o., Id. No. 05241944, with its registered office at: Růžová 307, 76302 Zlín, according to the prov. of sec. 1751 of Act No. 89/2012 Coll., of the Civil Code, as amended:
I.
VALIDITY OF BUSINESS TERMS AND CONDITIONS
1. The business terms and conditions (hereinafter referred to as the “T&C“) regulate the mutual contractual relationships during the deliveries of products and goods (hereinafter referred to as the “Goods“), based on a Contract for Work or purchase contract (hereinafter referred in the text as the “Contract“), concluded between MGM COMPRO International s. r. o., Id. No.: 05241944 with its registered office at Růžová 307, 76302 Zlín, registered at the Regional Court in Brno under file No. C 94228, as the contractor of the Work or Seller of Goods on the one side (hereinafter referred in the text as the “Contractor“) and the other contract party as the customer ordering the Work or the purchaser of Goods (hereinafter referred to as the “Customer/Purchaser“), who is not a consumer. By concluding the Contract, these T&C become its inseparable part, if not otherwise expressly agreed in writing between the contract parties.
2. Individual provisions of a specifically concluded original Contract shall be applied to the agreed business cases between the contractor and customer/purchaser and shall be preferred to these T&C. If such Contract has a general character and refers to these T&C, regulating the conditions or certain contractual limits for the partial contracts agreed based on them, it applies that the contractor and the customer/purchaser consider these T&C as an inseparable part of each partial contract concluded based on the general contract.
3. All the legal relationships and also any possible disputes arising from the Contract concluded between the Contractor and Customer/Purchaser shall preferentially follow the Czech legal regulations, particularly Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”). The contractual language is the Czech language, and is to be preferred to other language versions, if not otherwise agreed by the contract parties.
4. In case of concluding a Contract with an international element, its provisions or possible disputes shall follow the Czech law and the language version is English, if not otherwise agreed. 2
II.
OFFER, PRICE AND CONTRACT CONCLUSION
1. The prices stated in the catalogues and promotion offers issued by the Contractor as well as its oral or phone information, or information acquired through internet, relating to the prices of Goods are not binding, have an informative character and are not considered as a proposal for concluding the purchase contract.
2. The Contractor is authorized, without prior written notice, to change the offer of its Goods and their price. The Contractor is not responsible for any possible erroneous data stated in the catalogue, on the internet, in the press or promotion material.
3. The prices stated in the Offers sent by the Contractor are contractual prices and the period of their validity is fixed at 30 workdays from the date of their issue, if not stated otherwise in the offer. The offers are considered as a proposal for entering into the contract only if they are designated as such and contain the prerequisites under Art. II. (5) et seq. of these T&C.
4. VAT in the legally fixed amount shall be added to the price of the Goods. The price of the Goods does not include costs for packing, transport, cash on delivery or insurance, if not determined otherwise. If the price of transport is not determined in the Contract, it applies that it was not agreed. The price of the implemented transport is charged independently according to the tariff of postal or transport services, if not determined otherwise.
5. The Contract is concluded in the following ways on condition of complying with the set conditions:
A. ORDER FROM THE CLIENT AND ACCEPTANCE BY THE CONTRACTOR
a) The Customer/Purchaser shall deliver to the Contractor the order for the Goods in one of the following forms:
– by phone, by post, by e-mail to [email protected]
– via the internet form at www.mgm-compro.cz
– in writing, handed over personally on the operating premises of the Contractor,
(hereinafter referred to as the “Order“);
The Customer/Purchaser/Purchaser shall state in the Order its contact E-mail address for sending the acceptation of its Order. 3
b) The Contractor expressly accepts the order from the purchaser in the way corresponding to these T&C. The contact data of the Contractor are stated for individual forms of Orders on the homepage of the Contractor www.mgm-compro.cz
B. OFFER FROM THE CONTRACTOR AND ACCEPTATION BY THE CUSTOMER
a) The Contractor shall deliver to the Customer the Offer of Goods in one of the following forms:
– by post, E-mail to the address of the Customer
– in writing, handed over personally on the Contractor’s premises
(hereinafter referred to as the “Offer“);
b) The Customer expressly accepts the Contractor’s Offer in a binding way under these T&C. The contact data are stated for individual forms of acceptation of the Offer by the Customer/Purchaser on the homepage of the Contractor www.mgm-compro.cz , or they may be requested by e-mail at [email protected]
6. The Customer/Purchaser confirms by delivering the Order/acceptation of the Offer to the Contractor that it has acquainted itself with these T&C, that it agrees to them without reservations in the wording valid at the time of their delivery to the sphere of the Contractor, it accepts the T&C and will observe them.
7. The Contract is concluded if the Contractor delivers the acceptance of the Order /or in the same form the Customer delivers the acceptance of the Offer by E-mail or in writing and together with this acceptation the Customer also confirms the precise specification, type and amount of ordered Goods, the total price, and they state the expected date of delivery of the Goods, either by collection during personal take-over or the date of hand-over of the Goods to the haulier if transport was agreed. The Contractor’s inactivity does not mean the Order has been accepted, and similarly, inactivity of the Customer/Purchaser does not mean they have accepted the Offer. If the Contractor accepts the Order but with appendices and/or other changes, the Customer/Purchaser is obliged to assert its disapproval regarding such changes at the address [email protected] within 14 days of the day of delivery of the changes suggested by the Contractor. If the Customer/Purchaser does not do so, the Contractor shall consider the changes as approved and the Contract concluded, particularly if the invoice is also enclosed which was not returned. Similarly, if the Customer accepts the Offer with the appendices and/or other changes, the Contractor is obliged to send its approval of such changes in writing within 14 days of the day of delivery of the changes suggested by the Customer. If 4
the Contractor does not do so, the changes cannot be considered approved and the Contract cannot be considered concluded. If the Customer/Purchaser or the Contractor expresses any reservations towards the changes of the Order/Offer, this is an incentive for further negotiations concerning the contents of the Contract.
8. Before the Contractor confirms the Order of the Customer/Purchaser or the Customer/Purchaser accepts the Offer, the Customer/Purchaser is authorized to announce to the Contractor in writing a change to or cancellation of the Order/Offer at the address [email protected], which the Contractor undertakes to accept only in such a case that up to this time it did not issue a tax document (invoice) for the originally ordered/offered Goods. The issuing of the tax document shall be considered as acceptance of the Order in the full scope. An Order/Offer already confirmed by the Contractor / Customer/Purchaser may be cancelled only based on the bilateral agreement of the Contract parties.
9. The Contractor considers the suggestion of changes, appendices to or deviations from the accepted Order /Offer by the Customer/Purchaser as an incentive to further negotiations about the contents of the Contract. The Contractor is not obliged to conclude the Contract based on changes suggested by the Customer/Purchaser. The concluded Contract including the agreed contract price may only be changed based on the agreement of the parties or for legal reasons.
10. If the subject of the Contract is also the development of a new or modified product, and its result is a model or prototype of Goods which will be subject to testing or tests by the Customer/Purchaser, the contract parties agree an appropriate term for this testing or functional tests. Within this period, the Customer/Purchaser shall announce the results of the testing or functional tests to the Contractor and moreover the parties will mutually approve the reference sample/model of the Goods, to be deposited subsequently at the Contractor’s premises if not agreed otherwise in the Contract.
11. The Contractor does not hold liability for any possible mistakes during data transfer, clear mistakes in sums or mistakes caused by the technical defects.
12. Erroneously ordered/accepted Goods are not returnable.
13. The Customer/Purchaser expressly confirms that the ordered/accepted Goods are completely suitable for it and correspond fully to its needs, also if it subsequently finds out other facts.
14. The Contractor is not obliged by delivering the Goods to carry out their installation, assembly, building-in, or provide other similar services, if not agreed 5
otherwise. Concerning assembly, the contract parties fix more detailed conditions in the confirmed Order/Offer.
III.
DELIVERY TERMS
1. The date of delivery of the Goods is stated in the confirmed Order/Offer.
2. The moment of delivery of the Goods on the territory of the Czech Republic is fixed by the delivery clause INCOTERMS contained in the confirmed Order/Offer. Otherwise, the moment of delivery of Goods shall be considered as follows:
a) in case of transport of the Goods to the Customer/Purchaser, the hand-over of Goods to the first haulier for transport,
b) the moment when the Customer/Purchaser took over the Goods at the registered office or operating premises of the Contractor,
c) the moment when the take-over of Goods was enabled and announced in time to the Customer/Purchaser by the Contractor.
3. The moment of delivery of the Goods outside the territory of the Czech Republic is fixed by the delivery clause of INCOTERMS contained in the confirmed Order/Offer.
4. In case of transport of the Goods, the Customer/Purchaser is obliged before written confirmation of the take-over of these Goods to check if the data stated on the transport sheet correspond to the Order/Offer. If the data on the transport sheet do not correspond to the reality under the Contract, the original packing is damaged or otherwise devaluated, the Customer/Purchaser is obliged to state this fact on the transport sheet of the haulier and to elaborate with it a record on damage, or to reject the Goods as a whole, subsequently to inform the Contractor about this fact in writing without undue delay.
5. If the Customer/Purchaser – a natural person takes over the Goods from the haulier, it confirms take-over of the goods with its signature on the delivery note, which contains, among others its first name, surname, the number of the identity card (or another identity document), or other identification data. In case of a Customer/Purchaser – legal entity, it confirms take-over of the Goods on the delivery note by stating the trade name, registered office, registration number and the first name and surname of the person authorized to take over the Goods who signs the delivery note. The parties agree that the document confirming take-over of the Goods or delivery note may also be the invoice containing all the fixed prerequisites. 6
6. The Customer/Purchaser is obliged to inspect the Goods as soon as possible after their take-over. If the Customer/Purchaser refuses to take over the properly delivered Goods, it is obliged to pay to the Contractor all the costs associated with the given business case. Hereby the right to the compensation for damage to property or non-property of the Contractor shall be not affected.
7. The delivery term shall be extended appropriately in cases when the delivery is delayed for reasons of unforeseen events (e.g., Force Majeure). The Contractor is not liable for any delay in delivery in consequence of natural catastrophes, in consequence of unexpected delays due to customs procedures, interruption of production, transport damage, strike, interruption in operation, delay during delivery of raw materials and material or Force Majeure. Such circumstances will not be accounted to the debit of the Contractor even if it is already in the delay. These circumstances are a reason to postpone performance of the contractual duties on the Contractor’s side for the duration and in the scope of effect of these circumstances. The same applies also if the mentioned circumstances occurred at sub-contractors, contractors or their sub-contractors.
8. To observe the delivery term, it is required that the Customer/Purchaser deliver in time all the documents, the necessary consents and authorizations on which the contract parties agree in the confirmed Order/ Offer and observe the agreed terms of payment. The term for delivery of the Goods shall be postponed by the duration the Customer/Purchaser is in delay.
9. The Contractor performs delivery of the Goods by the agreed date, if it hands over the Goods to the Customer/Purchaser on the last day of the agreed delivery term.
10. If the Customer/Purchaser has not paid due pecuniary or non-pecuniary debts, i.e., sums it owes to the Contractor, the Contractor is entitled to stop further deliveries of Goods until complete payment of the debts by the Customer/Purchaser, also in the case of earlier confirmed Orders/Offers. For this time, the Contractor is not in delay in the performance of its obligations towards the Customer/Purchaser. The term of delivery of stopped deliveries of Goods shall be extended by the time the Customer/Purchaser is in delay in the payment of the purchase price.
11. If the Contractor delivers to the Customer/Purchaser a larger number of Goods than it is obliged to deliver; the Customer/Purchaser is entitled to refuse to accept the excessive Goods at the moment of their take-over. If it does not do so during take-over of the Goods, i.e., if it does not state it in writing in the Delivery Note or another document, it applies that the Customer/Purchaser accepts the excessive number of Goods and is obliged to pay the contractual price determined based on 7
the unit price of the Goods agreed in the Contract or stated in the updated pricelist of the Contractor as of the day of delivery of the Goods to the Customer/Purchaser.
12. If an approved change to the confirmed Order / confirmed Offer is carried out by the Customer/Purchaser, the delivery term shall be extended by the time necessary for the implementation of the new production conditions.
IV.
PACKING OF GOODS
If the Customer/Purchaser does not describe a special packing method in the Order/ confirmed Offer, the Goods are packed in the usual way for the given type of product, the given amount and possibly the agreed method of transport. If the prescribed habits do not exist, the Contractor shall pack the Goods in the way necessary for storing the Goods and their protection, and in such a case the Contractor shall select the packing method as well as type of consignment most suitable from the economic point of view.
V.
TERMS OF PAYMENT
1. The Customer/Purchaser is entitled to select in the Order the following manner of payment of the contractual price:
a) In cash at the moment of take-over of the Goods on the Contractor’s premises,
b) Payment by bank transfer before delivery of the Goods to the Contractor’s account based on an advance invoice,
c) Cash on delivery at the moment of delivery of the Goods by the haulier (money in cash shall be taken over by the haulier), if the purchase price does not exceed the limit for cash payments under the respective provisions of Act No. 254/2004 Coll. on the limitation of payments. Above the fixed limit, the 2 is obliged to pay the purchase price without cash in the manner under lit. b),
d) Payment by bank transfer after delivery (hand-over) of the Goods to the Customer/Purchaser also based on an invoice issued by the Contractor in accordance with this T&C article.
e) Payment online by means of a payment card (through a secured payment gate)
f) Payment online by means of the PayPal payment system
2. The Contractor is entitled to state according to its consideration in accepting the Order/Offer within these T&C, whether it accepts the selected method of payment of the contract price. If the Contractor does not accept the method of payment of the 8
contract price chosen by the Customer/Purchaser, it shall select another method of payment stated in Art. V, sec. 1 of these T&C. This is not considered a change in the Contract as per these T&C. If the method of payment of the contract price is not agreed, the Customer/Purchaser is obliged to pay the price according to the Contractor’s requirement.
3. The Contractor reserves the right to require from the Customer/Purchaser an advance on the payment of the contract price, up to 100% of the agreed price. If an advance invoice is issued, it will be due within 14 days of the day of its issue.
4. During payment under secs. 5.1 a), c), d), e), f) of these T&C, the Contractor hands over the invoice to the Customer/Purchaser usually during delivery (hand-over) of the Goods. The Customer/Purchaser receives the advance invoice immediately after confirming the Order/ Offer. If not agreed otherwise, the maturity of the contract price is 14 calendar days from the day of issue of the invoice. The Contractor is entitled to send to the Customer/Purchaser the invoice as well as the advance invoice in written as well as electronic form.
5. The moment when the purchase price was credited to the bank account of the Contractor or was paid in cash shall be considered the moment of payment of the purchase price.
6. The risk of damage to the Goods shall be transferred to the Customer/Purchaser in case of trade carried out on the territory of the Czech Republic on the day of delivery of the Goods according to these T&C.
7. The transfer of the risk of damage to the Goods in case of delivery of the Goods outside the territory of the Czech Republic is fixed by the delivery clause of INCOTERMS contained in the confirmed Order/ Offer.
8. Any payment by the Customer/Purchaser may be, also without its approval, applied preferentially for the payment of unpaid claims of the Contractor following from the Contract or other contracts; the payment will be used to cover first the occurred cost, accessories and later on the security. The Customer/Purchaser is not entitled to carry out such setting off without the written approval of the Contractor.
VI.
GUARANTEE AND COMPLAINTS
1. The duties of the Contractor are
a) to deliver to the Customer/Purchaser the ordered Goods properly and in time at the agreed place of performance, 9
b) to hand over to the Customer/Purchaser the documents relating to the Goods,
c) to enable the Customer/Purchaser to acquire the ownership right to the Goods. The documents necessary for take-over and use of the Goods, especially confirmations and certificates, shall be handed over by the Contractor to the Customer/Purchaser immediately after take-over of the Goods, within 10 workdays of delivery of the Goods at the latest.
2. It is the Customer/Purchaser’s duty to properly take over the ordered Goods and to pay the contract price for them in time according to these T&C, or under conditions agreed in advance in the Contract.
3. The rights and duties of the parties associated with asserting defects of the Goods, particularly concerning any difference in quality, quantity or price, shall follow these T&C, if not agreed otherwise.
4. The Contractor undertakes to deliver to the Customer/Purchaser the Goods without defects. The Customer/Purchaser is entitled to assert the rights following from defective performance in accordance with the prov. of Sec. 2099 et seq. of the Civil Code. The Customer/Purchaser is obliged to check the Goods during the take-over as soon as possible.
5. If the Customer/Purchaser finds a contradiction between the data stated in the delivery sheet, invoice or if it finds damage to the Goods due to the transport or apparent damage, it is obliged to immediately announce this fact to the Contractor in writing (by post, e-mail) and to raise a complaint within 5 workdays from the day of take-over of the Goods at the latest. Later complaints of this type will be not recognized by the Contractor. Simultaneously, the Customer/Purchaser shall attach a copy of the document confirming purchase of the Goods. The Customer/Purchaser shall submit upon request to the Contractor also the original of the document confirming purchase of the Goods. In the complaint, the Customer/Purchaser shall state its contact data, a description of the defect and the requirement for the manner of complaint settlement. The Contractor does not accept any complaints raised based on cash on delivery at its cost.
6. When announcing defect or without undue delay after announcing the defect, the Customer/Purchaser is obliged to announce to the Contractor what right from the defective performance it selected. The Customer/Purchaser is not authorized to change its choice without the approval of the Contractor, unless the Customer/Purchaser requires to remedy a defect which, later on, turns out not to be rectifiable. The Contractor is not liable for defects that have occurred in 10
consequence of usual wear and tear or non-observance of the instructions on using the Goods.
7. If the Customer/Purchaser so requires, the Contractor confirms in the written form of the guarantee sheet in what scope and for what time its duties following from the defective performance persist and in what way the Customer/Purchaser may assert the rights following from them.
8. In case of a defect representing an insignificant violation of the Contract (regardless of whether it is a rectifiable or non-rectifiable defect), the Customer/Purchaser has the right to remedying of the defect or an appropriate price discount.
9. The Contractor provides a quality guarantee for the Goods for a period of 12 months. The beginning of the warranty period shall be interpreted as the moment of transfer of the risk of damage to the Goods. The Customer/Purchaser shall submit, during a complaint, the invoice and the delivery note. The announcement of the established defects shall be done by the Customer/Purchaser in writing, by post or e-mail. In the written statement, it shall state the established defects, i.e., it shall state what the defects are and how they manifest themselves.
10. The guarantee does not apply to the defects caused by incorrect operation, unprofessional or inappropriate treatment, damage by electrostatic charge and use or installation in contradiction with the user documentation or failure to observe the stated grid conditions, as well as damage caused by external events and erroneous manipulation.
The guarantee also does not apply to the supply of batteries in any form, either separately (individual cells) or as part of the delivered product (battery system), for which the conditions and guarantee period are specified directly by the battery cell manufacturer. The guarantee period can never be longer than the battery life determined by the way of their use (number of discharging cycles mainly). Complaints about particular battery cells/battery systems at the manufacturer are made by the Contractor.
11. The guarantee expires immediately if the Customer/Purchaser itself or a third person changes the subject of performance or intervenes in it without the prior written approval of the Contractor.
12. In case of a justified complaint within the warranty term, the Goods will be repaired by the Contractor or exchanged against new goods depending on its decision. 11
13. The guarantee covers repair of the defective part or exchange against a new one, it does not cover installation costs, servicing, and does not include any liability or warranty for indirect, special, accidental or subsequent damage of any kind to the defective production equipment or operation, including lost profit or loss of a business opportunity.
14. The retention of compensation or decrease of the purchase price by the Customer/Purchaser is not permitted in case of complaints.
15. The Contractor is obliged to decide on the complaint within max. 30 days; it will inform the Customer/Purchaser about the status of arranging the complaint via the E-mail address from which the Customer/Purchaser raised the complaint towards the Contractor.
16. If the Customer/Purchaser’s complaint is not justified, the Contractor is entitled to compensation of the costs it incurred in connection with arranging the complaint.
17. The Contractor is not liable for the functioning of the system of connection and the product of the Customer/Purchaser as a whole if, during the Work performance, it proceeds based on the procedure and instructions set out by the Customer/Purchaser; it is not obliged to inform the Customer/Purchaser about the suitability of its procedures and instructions or the suitability of use of the parts delivered or required by the Customer/Purchaser, particularly if this Customer/Purchaser product is subject to certification.
18. The Contractor is not liable for possible defects of components or parts delivered or required by the Customer/Purchaser, even in case it subsequently ascertains their unsuitability for use in the product which is the subject of the Contract and which is created as part of the Customer/Purchaser’s product.
19. The Contractor does not hold any liability for defects caused by use of the procedures and instructions set out by the Customer/Purchaser that were agreed during the Contract implementation or subsequently by changes approved by the Customer/Purchaser, which occurred for this reason during the development and assembly of the product, or for the functionality of the whole product of the Customer/Purchaser.
VII.
CONTRACTUAL SANCTIONS AND WITHDRAWAL FROM CONTRACT
1. In case of a delay by the Customer/Purchaser in payment of the price of the Goods or their part, the Contractor is also authorized to charge to the Customer/Purchaser 12
legal interest on the late payment. Hereby the Contractor’s right to compensation for tangible as well as non-tangible harm (damage) and compensation of costs associated with debt collection shall remain unaffected.
2. If the Customer/Purchaser is in delay in payment of the price of the Goods or their part, the Contractor is entitled to charge the Customer/Purchaser from the first day of the delay a contractual penalty of 0.05% of the owed sum for each started day of the delay. Hereby the Contractor’s right to compensation for tangible as well as non-tangible harm (damage) shall not be affected.
3. If: a) the Customer/Purchaser is delayed in payment of the debt (e.g., the purchase price or advance for the purchase price) towards the Contractor for a period longer than 30 days after the maturity or b) insolvency proceedings are started on the property of the Customer/Purchaser or c) the Customer/Purchaser enters into liquidation, the Contractor is authorized to withdraw from the Contract immediately without the need for a prior call. All the Contractor’s claims towards the Customer/Purchaser become due as of the day of withdrawal from the Contract. The Contractor is authorized in this case to ask for the immediate return of any Goods not paid up to that moment.
4. By withdrawal or another manner of termination of the Contract, a) claims for damage recovery caused by Contract violation, b) claims for payment of contractual penalties or interest on late payment under the Contract or these T&C, c) pecuniary claims of the Contractor towards the Customer/Purchaser arisen based on the Contract or in connection with it, d) arrangement of the choice of the legal system and settlement of disputes, e) provisions resolving the relationship between the Contractor and the Customer/Purchaser concerning the withdrawal from the Contract do not expire.
5. For the case of a delay by the Customer/Purchaser in take-over of the Goods, the Customer/Purchaser is also obliged to compensate to the Contractor the harm (damage) it suffered hereby.
6. In case of a delay by the Customer/Purchaser in take-over of the Goods within the agreed period, the right to sell the item arises for the Contractor after prior warning on its account in a suitable way under the prov. of sec. 2126 of the Civil Code after the Contractor has provided an additional appropriate period for their take-over. An appropriate period shall be considered as: a) 5 calendar days if the Goods are delivered on the territory of the Czech Republic and b) 14 calendar days when delivering the Goods outside the territory of the Czech Republic. This also applies if the Customer/Purchaser is in delay in payment by which hand-over of the item is conditioned. 13
7. The liability of the Contractor towards the Customer/Purchaser for any damage including all contractual penalties which may arise during the Contract performance based on one or more violations of the contractual or legal duties of the Contractor is limited only up to the amount of fifty percent (50%) of the price of the delivered Goods without VAT.
VIII.
PROTECTION OF INDUSTRIAL RIGHTS AND COPYRIGHT
By concluding the Contract, no rights to the use of the registered trademarks, company logos or patents of the Contractor arise for the Customer/Purchaser’s benefit. The Customer/Purchaser is also aware that by the purchase of Goods (products) that are in the business offer of the Contractor, no copyrights to the Contractor’s offers, drawings, descriptions or other documents of the Contractor arise, or to the samples provided to the Customer/Purchaser, if not determined otherwise by the agreement.
IX.
FINAL PROVISIONS
1. These T&C are available in the current wording on the homepage of the Contractor www.mgm-compro.cz
2. If any provision of these T&C or any provision of the contracts a part of which are these T&C is found to be invalid or unenforceable /ineffective; this does not affect the validity or enforceability of the remaining T&C provisions in the Contracts a part of which these T&C are.
3. If not determined otherwise in the specific Contract, in case of non-delivery of a document or refusal to accept a document, the document shall be considered delivered on the third day after sending, in case of delivery via a holder of a postal licence, courier or personally. Only the Contractor is authorized to deliver it by electronic means, except for the cases stated in these T&C. In case of delivery by electronic means, a document shall be considered delivered on the third day from the day of sending, if the document was not returned as undeliverable.
Documents shall be sent to the addresses stated in the specific Contracts or to the addresses announced to the other contract party within the contractual relationship.
4. By concluding the Contract, the Customer/Purchaser gives its approval to the sending of information e-mails, SMS offers and postal consignments by the 14
Contractor concerning te advantageous purchases, discounts, events and interesting things associated with the subject of the Contractor’s activity.
5. The Customer/Purchaser is aware that it can withdraw its approval at any time. Hereby, the Contractor’s right to damage recovery is not affected, particularly if it could not in consequence of the withdrawal of its approval and/or in consequence of the correction, deletion or blocking of data implement its obligations following from the agreed legal relationships with a third person.
6. Cession of the Customer/Purchaser’s claims towards the Contractor is not possible.
7. The parties agree under Act No. 216/1994 Coll., as amended, that all and any disputes arising from this obligational relationship following from the Contract or having arisen in connection with it which cannot be settled by amicable negotiations between the contract parties shall be decided in an arbitration procedure. All disputes arising from the Contract and in connection with it shall be decided finally by the Arbitration Court of the Economic Chamber and Agrarian Chamber of the Czech Republic by one arbitrator appointed by the court chairman.
8. The Contractor and the Customer/Purchaser declare that these T&C were not agreed in distress or under conspicuously disadvantageous conditions, and their contents are known to them.
9. Both contract parties hereby accept the risk of a change in circumstances in accordance with the respective prov. Of 1765 of the Civil Code.
10. Rights and duties not regulating these T&C shall follow the legal regulations of the Czech Republic, particularly Act No. 89/2012 Coll., Civil Code, as amended, with the exclusion of collision standards, as well as the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11. These T&C became valid and came into effect on May 8, 2018.
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