GENERAL TERMS AND CONDITIONS FOR E-SHOP

1. INTRODUCTORY PROVISIONS

1.1 The online shop at the web address www.betoni.cz (“online shop”) is operated by Betoni s.r.o., Registered office: Dražka 624, 675 55 Hrotovice ID: 21220841, a company registered with the Regional Court in Brno, file number C 137933/KSBR (“Seller”).
1.2 These General Terms and Conditions for e-shop (“GTC”) regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a confirmed order of the Buyer or a written purchase contract between the Seller and the Buyer (collectively, the “Purchase Contract”) concluded between the Seller and another person, as the Buyer, through the online shop.
1.3 A buyer is any visitor to the online shop, regardless of whether they are acting as a consumer or as a business (“Buyer”).
1.4 A consumer is a person who is not acting in the course of a trade or other business (“consumer”) when entering into and performing a purchase contract.
1.5 Provisions deviating from these GTC may be agreed in a written purchase contract. The deviating provisions in the purchase contract shall prevail over the provisions of these GTC.
1.6 The provisions of these GTC are an integral part of the purchase contract concluded via the online shop. The Purchase Agreement and the GTC are drawn up in the Czech language. The Purchase Agreement may be concluded with the Consumer in the Czech language.
1.7 The Seller may change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC.
1.8 Contact details of the Seller are.
1.9.

2. USER ACCOUNT

2.1 The Buyer has the possibility to register in the online shop and order goods in the online shop through his/her user interface (“user account”).
2.2 The Buyer may also order goods without registration.
2.3 When registering on the web site of the online shop and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
2.4 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access the
his user account.

2.5 The Buyer is not entitled to allow third parties to use the user account.
2.6 The Seller may cancel the user account, in particular if the Buyer has not used his/her user account for more than 3 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including these GTC).
2.7 The Buyer acknowledges that the online shop or user account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment. The Seller shall not be liable for any damage caused to the Buyer during the use of the online shop, including any damage caused by downloading data published in the online shop, damage caused by interruptions, malfunction of the online shop, computer viruses or damage due to data loss.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1 All presentation of goods placed in the online store is informative and the seller is not obliged to conclude a purchase contract regarding these goods.
3.2 In order to order goods, the Buyer shall take the following steps:

3.2.1. “add” the selected goods to the electronic shopping cart;
3.2.2. fill in or confirm the billing and delivery address;
3.2.3. select the method of payment of the purchase price of the goods and the details of the desired method of delivery of the ordered goods;
3.2.4. click on the “complete order” button to confirm the order information, whereby the order is sent to the Seller; (hereinafter collectively referred to as the “Order”).

3.3 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered in the Order, including with regard to the Buyer’s ability to detect and correct errors arising from the data entered in the Order. The data provided in the order are considered correct by the Seller.
3.4 An order placed by the Buyer through the online shop is a binding proposal of the Buyer to conclude a purchase contract with the Seller. The Seller shall promptly confirm the delivery of the order by the online shop system to the e-mail address specified by the Buyer in the user account or in the order (“Buyer’s e-mail address”), whereby such confirmation does not constitute an acceptance of the Seller’s proposal to conclude a purchase contract.
3.5 The Purchase Contract is concluded by the Seller’s acceptance of the proposal to conclude the Purchase Contract, whereby the Seller’s dispatch of the goods to the Buyer is also deemed to be acceptance.
3.6 The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7 The Buyer agrees to the use of remote means of communication when concluding the purchase contract. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

4. PRICE OF THE GOODS AND PAYMENT TERMS

4.1 The online shop contains information about the goods, including the prices of the individual goods. The prices of the goods are inclusive of value added tax. The prices of the goods remain valid for as long as they are displayed in the online shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
4.2 In addition to the purchase price of the goods, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall furthermore mean the price of the goods and the costs associated with the packaging and delivery of the goods.
4.3 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Agreement to the Seller in the following ways:

4.3.1. in cash on delivery at the place specified by the Buyer in the order;
4.3.2. in cash upon personal collection from the Seller;
4.3.3. by wire transfer to the Seller’s account;
4.3.4. in cash via a payment portal.

4.4 In case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.
4.5 In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable symbol of the payment.
4.6 In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account. If the Buyer fails to pay the Purchase Price properly and on time, the Purchase Contract shall terminate unless the Seller notifies the Buyer otherwise.
4.7 The receipt issued by the Seller in accordance with the Sales Register Act and the sales receipt, which serves as a tax document, will be sent to the Buyer’s electronic address. The Buyer agrees to this method of receiving the document by confirming these GTC.

5. TRANSPORT AND DELIVERY OF GOODS

5.1 Delivery of the goods is subject to prior payment of the purchase price of the goods, unless otherwise expressly agreed by the parties.
5.2 The costs associated with the packaging and delivery of the goods shall be borne by the Buyer according to the method chosen by the Buyer when ordering the goods. These costs are governed by the prices listed on the online shop.
5.3 In the event that the method of delivery is agreed upon at the Buyer’s specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.
5.4 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. The risk of damage to the goods shall pass at the moment of acceptance of the goods by the buyer or at the moment when, after a vain call for acceptance of the goods, the goods have been delivered to the place of destination and safely deposited.
5.5 In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery, by cash on delivery upon receipt of the goods so repeatedly delivered.

5.6 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in
any defects, notify the carrier immediately. In the event of a breach being found
of the packaging indicating that the shipment has been tampered with, the buyer may not take the shipment from the carrier
accept the shipment. The buyer is obliged to indicate the reason for refusal to accept the shipment directly on the delivery note
to the carrier.

6. WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1 Unless it is a case referred to in Article 6.2 of these GTC or another case where the purchase contract cannot be withdrawn from, the consumer has the right to withdraw from the purchase contract within 14 days of receipt of the goods in accordance with the provisions of Section 1829(1) of Act No. 89/2012 Coll., the Civil Code (“Civil Code”), whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts from the date of receipt of the last part of the delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The consumer withdrawal form is posted on the website of the online shop.
6.2 The Consumer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a contract of sale for the supply of goods that have been modified according to the Consumer’s wishes or for the Consumer’s person; from a contract of sale for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery; or from a contract of sale for the supply of goods in sealed packaging that the Consumer has removed from the packaging and cannot be taken back by the Seller for hygienic reasons.
6.3 The Buyer is entitled to withdraw from the contract in writing to the contact details of the Seller specified in these GTC.
6.4 In the event of withdrawal, the Purchase Contract shall be cancelled from the outset. The goods must be returned by the Buyer to the Seller within 14 days from the date of withdrawal to the Seller at the address of the Seller’s place of business or registered office. The time limit is deemed to have been observed if the goods are sent to the seller before its expiry.
6.5 If the Buyer withdraws from the contract, the Buyer shall bear all costs associated with the return of the goods.
6.6 In the event of withdrawal from the contract, the Seller shall return the funds received from the Buyer within 14 days of the Buyer returning the undamaged goods in the same manner in which it received them from the Buyer, unless the Seller and the Buyer expressly agree on a different method.
6.7 The Buyer acknowledges that if the returned Goods are damaged, worn out or partially consumed, the Seller shall be entitled to payment for any damage to the Goods and shall be entitled to unilaterally offset such claim against the Buyer’s claim for a refund of the purchase price.
6.8 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods.
6.9 Until the goods are accepted by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement at any time. In this case, the seller shall inform the buyer of this by e-mail to the buyer’s electronic address and shall refund the purchase price to the buyer without undue delay.

 

7. DEFECTIVE PERFORMANCE RIGHTS AND QUALITY GUARANTEE

7.1 The rights and obligations of the parties regarding rights of defective performance shall be governed by the applicable generally binding legal regulations.
7.2 The Seller shall be liable to the Buyer that the Goods are free from defects at the time of acceptance by the Buyer:

7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the Seller or expected by the Buyer in view of the nature of the goods and on the basis of the advertisement published by the Seller;
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used;
7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen;
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of generally applicable legislation and technical standards.

7.3 If the defect becomes apparent within 6 months of receipt, the goods shall be deemed to have been defective upon receipt.
7.4 The consumer is entitled to claim the right to claim for defects that occur in the goods within the statutory period, i.e. 24 months from receipt. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in accordance with other legal provisions, the statutory provisions on the quality guarantee shall apply.
7.5 A buyer who is not a consumer is entitled to exercise the right to claim for a defect occurring in the goods within 12 months of receipt. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in accordance with other legal provisions, the period so indicated shall apply, but to a maximum of 12 months from receipt.
7.6 If the defective performance is a material breach of contract, the buyer shall be entitled to:

7.6.1. to remedy the defect by delivery of a new item without defect or by delivery of the missing item;
7.6.2. to remedy the defect by repairing the item;
7.6.3. a reasonable discount on the purchase price;
7.6.4. to withdraw from the contract.

7.7 The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller. If the Buyer does not choose the method of removal of the defect even within 14 days after notification of the defect, the Seller is entitled to choose the method of removal of the defect himself and notify the Buyer thereof.
7.8 Articles 7.4 and 7.5 of these GTC do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to used goods corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if this is apparent from the nature of the goods. Furthermore, the buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect. The seller is entitled to refuse to accept the goods for complaint if the goods are soiled or their parts are soiled.
7.9 Liability rights for defects in the goods shall be asserted against the seller. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of handling the claim the Buyer requires; as well as a confirmation of the date and method of handling the claim, including confirmation of the repair, if required, and the duration of the repair, or a written justification of the rejection of the claim. This obligation also applies to other persons designated by the Seller to carry out the repair.
7.10. The Buyer may exercise the rights under the liability for defects in the Goods, in particular, by emailing info@betoni.cz and handing over the Goods to the Seller as instructed by the Seller in response to the notification of the defect. The time limit for the settlement of the claim shall run from the receipt of the goods by the Seller, including by means of a transport service.
7.11. When exercising the right of defective performance, the buyer is obliged to prove the conclusion of the purchase contract with the seller.
7.12. If the Buyer sends the goods to the Seller by means of a transport service, the Buyer is obliged to pack the claimed goods in suitable and sufficiently protective packaging material that meets the requirements of transport so that they are not damaged during transport. In the case of fragile goods, the seller is obliged to mark the consignment with appropriate symbols.
7.13. The Seller is obliged to inform the Buyer that the claim has been settled and in what manner, to the Buyer’s electronic address. In this notification, the Seller shall indicate the deadline for the collection of the claimed goods or the method of delivery of such goods.
7.14. The Consumer’s complaint, including the removal of the defect, shall be settled without undue delay, no later than 30 days from the date of receipt of the goods for complaint. After this period, the consumer shall be entitled to the same rights as if it were a material breach of contract.
7.15. In the event that the Buyer fails to collect the goods complained of within the time limit set by the Seller, the Seller shall be entitled to charge a reasonable storage fee or to sell the goods on its own account to the Buyer. The seller must give the buyer prior notice of this procedure and a reasonable additional period of time

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1 The Seller shall handle the Buyer’s complaints via the electronic address info@betoni.cz. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s electronic address.
8.2 If the Buyer is a consumer, the Czech Trade Inspection Authority, ID No. 00020869, with registered office at Štěpánská 567/15, 120 00 Prague 2 – Nové Město, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The consumer is also entitled to use the online dispute resolution platform located at http://ec.europa.eu/consumers/odr.
8.3 The contact point for consumers under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes) is
European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2 – Nové Město, internet address: http://www.evropskyspotrebitel.cz.
8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.
8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1 The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 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 and repealing Directive 95/46/EC (General Data Protection Regulation) relating to the processing of the Buyer’s personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiation of the Purchase Contract and for the purposes of the fulfilment of public law obligations by means of a special document available on the website of the Online Shop.

10. SHIPPING

10.1 Unless otherwise stated, all notifications addressed to the Buyer by the Online Shop may be made in the form of an electronic message addressed to the Buyer’s electronic address.

11. COPYRIGHT

11.1 The Seller shall exercise proprietary copyright in the Online Shop, including all of its components, content, logos and advertising texts.
11.2 The contents of the online shop may not be stored, modified, distributed or otherwise exercised as proprietary rights, unless the Seller has given prior consent to do so.

12. FINAL PROVISIONS

12.1 If the relationship established by the Purchase Contract contains an international (foreign) element, the Parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
12.2 The Parties agree that the courts of the Czech Republic with local jurisdiction according to the registered office of the Seller shall have jurisdiction over any disputes between the Seller and the Buyer.
12.3 If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.4 The Purchase Contract shall be archived by the Seller in electronic form and shall not be accessible to third parties.

12.5 These GTC are made with effect from 1 November 2020.