General Terms and Conditions of Sale for Entrepreneurs and Legal Persons
The General Terms and Conditions of Sale for Entrepreneurs and Legal Persons (hereinafter referred to as the “Terms“) apply to contracts negotiated via the online shop BU1, placed on the website www.bu1gloves.com (hereinafter referred to as the “website”) between
BU1 sport s.r.o., with registered office at Kravařovská 226/15, Komárov, 747 70 Opava, Czech Republic,
Registration No: 05929377,
VAT ID: CZ05929377,
registered in the Commercial Register maintained by the Ostrava Regional Court, Section C, File No. 69933,
Delivery address: BU1 sport s.r.o., Pekařská 23, 746 01 Opava, Czech Republic
Contact email: firstname.lastname@example.org
as the seller
and the entrepreneur or legal person
as the purchaser
(hereinafter jointly referred to as the “parties”)
- The Terms define and specify elementary rights and obligations of the parties when concluding a sales contract or other contract mentioned here (hereinafter referred to as the “contract”) via the website.
- The Terms are intended for purchasers who are entrepreneurs and for legal persons. For contracts concluded with consumers, the General Terms and Conditions of Sale for Consumers shall apply.
- The purchaser becomes owner of the goods as of the moment he pays the whole price, but not before he takes over of the goods.
- Sending a purchase order by the purchaser constitutes his consent with the Terms.
Order and Contract Conclusion
- There is a list of goods including the description of main characteristics of particular items on the website. Presentation of the goods is for information only and it is not seller’s offer for concluding a contract of sale in the meaning of Section 1732 par. 2 of the Civil Code. For concluding the contract of sale, it is necessary that purchaser sends a purchase order and that seller accepts such purchase order.
- The purchase order is made via the website or, if appropriate, by another mean mentioned on the website or according to the agreement of the parties. The purchase order must include exact designation of the ordered goods (or number marking of the goods), the amount of goods, chosen method of payment and delivery, and contact details of the purchaser (name and surname or name of the company, identification number, address for delivery, telephone number, e-mail address). The purchaser is obligated to prove that he is an entrepreneur by entering a valid identification number to the purchase order.
- The seller is not obligated to confirm a received purchase order. An unconfirmed purchase order is not binding for the seller. The seller is entitled to verify the order in case of any doubt about the authenticity and seriousness of the order. Unauthenticated order can be refused by the seller.
- The contract is concluded as of the moment of delivering the binding order acceptance to the purchaser by the seller.
- In case of cancellation of the order by the purchaser, the seller has the right to have paid cancellation fee as high as 50 % of the goods price. If the seller has already paid costs related to the contract, the full amount of these costs shall also be compensated by the purchaser.
- The seller is obligated to deliver the goods to the purchaser by agreed mean, properly packed and with necessary documents. If it is not agreed otherwise, the documents are in Czech language.
- Based on the agreement between parties, the seller can provide transportation and delivery insurance for the duration of the transportation. The purchaser is obligated to pay the price of the transportation and insurance according to the valid tariff of the carrier. The handover of the goods to the carrier is considered as the delivery of the goods. The risk of damage passes to the purchaser by the delivery of the goods.
- Before the takeover of the goods, the purchaser is obligated to check the integrity of the packing and in the case of defect, he shall report this defect to the carrier without undue delay. In such case, the protocol of defect shall be written up. If the protocol is not written up, the purchaser loses his claim related to the damaged packing of the goods.
- The purchaser is obligated to check the goods without delay, particularly he is obligated to check the amount of the goods and its complementarity. In case of non-compliance, the purchaser is obligated to report this non-compliance to the seller without undue delay, at the latest till 2 working days since the takeover of the goods. The purchaser is obligated to properly document the defects and send the documentation together with the defect report to the seller.
- If the purchaser does not take over the goods, the seller’s right to require the payment of the price is not affected thereby.
- The purchase price can be paid by the means mentioned on the website or by the means agreed between the parties or by the following means:
- in cash on delivery;
- via bank transfer to the bank account of the seller prior the delivery based on the pro forma invoice;
- via bank transfer to the bank account of the seller after the delivery based on invoice.
The seller is entitled not to enable the payment after the delivery of the goods. This payment mean is usually dedicated to the permanent consumers. If it is not agreed otherwise, the invoice is sent together with the goods as well as the delivery note.
- In case of cash payment, the purchase price is due as of the takeover of the goods. In case of non-cash payment, the purchase price is due within five days from the acceptance of the order, unless agreed otherwise by the parties. The obligation of the purchaser to pay the purchase price, when using a non-cash payment method, is fulfilled as of the moment the seller receives the respective payment at his bank account.
- In case of non-compliance with payment deadlines according to these Terms the seller may charge the purchaser at a rate of 0.5 % of the outstanding amount for every day of delay. The entitlement to compensation of the purchaser, for the loss caused by delay, is not affected by this provision.
- In case of purchaser´s delay with the payment the seller is entitled to stop any other agreed deliveries of the goods, until purchaser pays all his debts to the seller.
- Payment is possible in Czech crowns (CZK).
Withdrawal from the contract
- The seller is entitled to withdraw from the contract at any time before the takeover of the goods. In such case, the seller will refund the purchaser with the purchase price that has been already paid, in non-cash payment to the account that has been provided for this purpose or for the account from which the money was sent (if the purchaser does not provide the account within 5 days since the withdrawal).
- The seller is entitled to withdraw from the contract if the purchaser is delayed with the payment for more than 4 weeks. In such case, the seller is also entitled to require agreed penalty in the amount of 50 % from the price of the goods.
- The purchaser is entitled to withdraw from the contract if the seller is delayed with the goods delivery for more than 4 weeks from the agreed day of delivery.
- The purchaser is not entitled to withdraw from the contract if the goods are delivered properly, at time and without any defects.
- Withdrawal from the contract must be performed in written way, also in electronic way in case of electronically agreed contract. The withdrawal is effective as of the moment of the delivery of the withdrawal to the other party.
- If there is a gift provided with the goods, the donation contract loses its effectivity as of the moment of withdrawal from the contract by any of the parties.
Rights from defective performance
The purchaser’s rights from defective performance and on guarantee liability are governed by the Warranty Claim Guidelines for Entrepreneurs and Legal Persons of the seller.
The Protection of Trade Secrets and Trade Policy of the Seller
- During negotiating the contract and its fulfilling the purchaser may obtain information that is marked as confidential or which is confidential due to its nature. The purchaser is obligated:
- to keep the information confidential;
- not to provide the information to the third person without seller´s prior consent;
- not to use the information for another purpose than for fulfilling the contract;
- not to use the information for any harmful purpose.
- The purchaser is not entitled to make copies of the documents received by the seller without his explicit consent.
- If there is an international (foreign) element related to the contract, the parties agree that their legal relation is governed by the Czech law (excluding the application of the United Nations Convention on Contracts for the International Sales of Goods).
- Should it be the case that any provision of the Term is invalid, ineffective or inapplicable (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, shall apply. By the invalidity, ineffectiveness or inapplicability of one provision shall not be affected the validity of the remaining provisions. The contract, including the Terms, may be changed or amended in writing only.
The Terms are valid and effective as of 1st March 2018