General Business Terms and Conditions
of PACOVSKÉ STROJÍRNY, a.s.
(hereinafter the “GBTC”)
1. Introductory Provisions
1.1 These GBTC govern the contractual relationship between the Parties to a purchase agreement in which the Seller is PACOVSKÉ STROJÍRNY, a.s., with its registered office at Nádražní 697, 395 01 Pacov, ID No.: 158 21 773, entered in the Commercial Register kept on file at the Regional Court in České Budějovice, Section B, Insert 102 (hereinafter “PS”), and the Buyer is a consumer or entrepreneur.
1.2 By submitting an electronic purchase order in this e-shop, the Buyer confirms that they are familiar with these GBTC. The Buyer declares that they expressly agree to these GBTC, in the version valid and effective at the moment of placing the purchase order. The Buyer shall receive a PDF copy of these GBTC attached to the purchase order confirmation sent to the e-mail address specified by the Buyer.
2. User Account
2.1 Once registered on the PS e-shop website, the Buyer can access their user account. The Buyer can place purchase orders from their user account. The Buyer can also place purchase orders without registration directly from the e-shop interface, provided that this option is available.
2.2 When registering and creating a user account, the Buyer is obliged to provide correct and true information. In the event that any of the data provided in the user account change, the Buyer is required to update their user account accordingly. Upon placement of a purchase order by the Buyer, PS shall consider the data provided by the Buyer in their user account to be correct and up-to-date.
2.3 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 their user account. The Buyer shall not allow third parties to use their user account. PS is not responsible for any misuse of the user account due to a breach of these terms. PS may delete any user account in the event that the registered user has not used the account in more than 2 years, or in the event that the Buyer breaches their obligations arising from the purchase agreement, these GBTC and/or the Civil Code.
2.4 The Buyer is aware that the user account may not be available at all times, particularly due to technical adjustments to the hardware or software equipment of PS.
3. Conclusion of a Purchase Agreement
3.1 All the goods in the PS e-shop constitute a presentation of an informative nature only. PS is not obliged to conclude any purchase agreement with respect to such goods. The application of the provisions of Section 1732(2) of the Civil Code is excluded.
3.2 Prior to concluding an agreement, the procedure is as follows: the Buyer adds the selected goods to the shopping cart in the PS e-shop, chooses the method of payment and shipping, and submits a binding purchase order. The purchase agreement is concluded by the confirmation of the purchase order by PS. The purchase agreement may only be concluded in Czech, Slovak, Polish, English, German or Russian. PS shall archive all purchase orders and the respective confirmations, and shall provide them to the Buyer upon request. PS shall not be responsible for any errors in data transmission. Immediately after the receipt of the purchase order, PS shall confirm the conclusion of the purchase agreement to the Buyer in an informative e-mail containing a summary of the Buyer’s purchase order. Before the Buyer submits a binding purchase order, the Buyer has the right to change the type of goods in the shopping cart and the method of payment and shipping; the Buyer can also check the data entered in the purchase order or cancel the purchase order. After placing the purchase order, the Buyer is not entitled to unilaterally change it.
3.3 Depending on the nature of the purchase order (quantity of goods, amount of the purchase price, estimated shipping costs), PS is entitled to ask the Buyer for additional confirmation of the purchase order (in writing or by e-mail).
3.4 The Buyer shall bear their own costs for the use of remote means of communication (the price of the Internet connection), paid to the Buyer’s provider. For the proper functioning of digital content, it is advisable to use an operating system supported by the manufacturer and an updated Internet browser, using hardware in the minimum configuration specified by the manufacturer of the operating system. To view content in PDF format, it is necessary to have the current version of Adobe Reader installed.
4. Price of Goods and Terms of Payment
4.1 All prices quoted in the PS e-shop are contract prices. The PS e-shop provides the current prices excluding and including VAT. PS is entitled to add VAT to the price of goods at the rate according to valid legislation. The price of goods shall not include any shipping or packaging costs or any costs associated with the use of remote means of communication. Special prices shall be valid while stocks last, indicating the quantity of such special-offer goods, or for a specified period of time.
4.2 The purchase order confirmation sent by PS shall include details regarding the selected method of payment. Together with the price of goods, the Buyer shall pay the relevant packaging and shipping costs to PS (if shipping is part of the purchase order) (hereinafter collectively referred to as the “Purchase Price”).
4.3 The Buyer may pay the Purchase Price to PS in the following ways:
- (a) in cash at the premises of PS, located at the same address as the registered office of PS; in the event that the Buyer does not collect the goods within 7 days of the day on which PS sends a collection notice to the Buyer’s e-mail address, PS shall be entitled to withdraw from the agreement;
- (b) cash-on-delivery at the place specified by the Buyer in the purchase order; in the event that the Buyer does not pay the Purchase Price on delivery, PS shall be entitled to withdraw from the agreement;
- (c) by bank transfer to the bank account of PS (1012023909/5500 at Raiffeisenbank) prior to the delivery of goods to the Buyer, within 5 business days of purchase order confirmation by PS; in the event that the Purchase Price is not paid within the above period, the agreement shall be cancelled the day after the payment deadline.
4.4 In the case of bank transfer, the Purchase Price is payable within 5 business days of the purchase order confirmation by PS. The obligation of the Buyer to pay the Purchase Price by bank transfer is fulfilled as of the moment the full Purchase Price is credited to the bank account of PS under the respective variable symbol assigned by PS to the Buyer in the purchase order confirmation.
4.5 If the Buyer does not subsequently confirm their purchase order (see Article 3.3 hereof), PS shall be entitled to require the payment of the Purchase Price in full prior to shipping the goods to the Buyer (or prior to collecting the goods by the Buyer at the premises of PS). PS excludes the application of the provisions of Section 2119(1) of the Civil Code.
4.6 In the event that PS provides discounts on the prices of goods, such discounts shall not be combinable.
4.7 PS shall issue an invoice for each purchase order – a tax document in accordance with valid legislation, and shall send this invoice to the Buyer’s e-mail address specified in the purchase order. PS is a VAT payer.
5. Shipping and Delivery of Goods
5.1 The ordered goods may be taken over in the following ways:
(a) Collection in person at the registered office of PS
The goods may be taken over only by the Buyer or the Buyer’s representative. Such a person shall provide sufficient identification (e.g. the employer’s authorisation, identity card or power of attorney).
(b) Shipping by carrier – Czech Republic
The goods may be shipped to the Buyer by a carrier. The shipping price shall be governed by the currently applicable price list of the carrier on the day the purchase order is placed. The period of delivery of the ordered goods shall be 5 days from the date of the purchase order confirmation by PS.
(c) Shipping by carrier – Slovakia
The goods may be shipped to the Buyer to an address in Slovakia specified by the Buyer. The shipping price shall be governed by the currently applicable price list of the carrier on the day the purchase order is placed. The period of delivery of the ordered goods shall be 14 days from the date of the purchase order confirmation by PS.
5.2 The Buyer may select the method and price of shipping in the e-shop prior to submitting the binding purchase order to PS.
5.3 Immediately upon receipt of the goods, the Buyer is obliged to check the quantity and condition of the delivered goods (including the number of packages and any damage to the boxes) according to the attached delivery note. If the shipment is damaged or incomplete, the Buyer shall be entitled to refuse to accept it. If the Buyer takes over the shipment, it shall be understood that the shipment is free from defects, and the Buyer may not later claim any damage or incompleteness thereof.
5.4 If PS is obliged to deliver the goods to an address specified by the Buyer, the Buyer shall take over the goods from the carrier at this address.
5.5 In the event that PS and the Buyer agree on a specific shipping method different from the terms set out above, the Buyer shall bear the risk and any additional costs associated with this method of shipping. A specific method of shipping may only be agreed upon with a Buyer who is an entrepreneur.
5.6 In the event that a repeated delivery of goods is necessary for reasons on the part of the Buyer, and such a repeated delivery requires additional shipping costs, such costs shall be borne by the Buyer.
5.7 If the Buyer is an entrepreneur, the goods shall be deemed delivered by PS as of the moment PS hands over the goods to the first carrier and enables the Buyer to exercise the rights arising from the shipping contract with the carrier. If the Buyer is a consumer, the goods shall be deemed delivered by PS as of the moment the carrier hands over the goods to the consumer. The risk of damage to the goods shall pass to the Buyer as of the moment of the takeover of the goods. This applies even if the Buyer fails to take over the goods, despite the fact that PS has allowed the Buyer to dispose of the goods. The title to the goods shall pass to the Buyer upon the payment of the Purchase Price in full.
6. Rights of the Buyer – Consumer Arising from Defective Performance
6.1 PS shall ensure that the goods are free from defects upon their takeover by the Buyer. In particular, PS shall ensure that at the time of takeover of the goods by the Buyer:
- (a) the goods have the specifications agreed between PS and the Buyer, the specifications listed in the description of the goods when there is no such agreement, or specifications expected by the Buyer with respect to the nature of the goods and on the basis of the relevant advertisements;
- (b) the goods are suitable for the purpose specified by PS or for the purpose for which goods of a similar type are generally used;
- (c) the goods are in adequate quantity, volume or weight; and
- (d) the goods comply with applicable legislation.
6.2 If a defect becomes evident in the goods within six months of the date of takeover of the goods, it shall be understood that the defect already existed upon takeover.
6.3 The Buyer is entitled to exercise the rights arising from defective performance in the period of 24 months from the date of takeover of the goods. However, this shall not apply to the following cases:
(a) goods sold for a lower price due to a defect;
(b) ordinary wear caused by the usual usage of the goods;
(c) defects in the case of second-hand goods that correspond to the extent of wear upon takeover by the Buyer; or
(d) cases in which the impossibility to exercise the above rights arises from the nature of the goods.
6.4 The Buyer shall not be entitled to exercise any rights arising from defective performance if the Buyer knew that the goods were defective prior to their takeover or if such defects were caused by the Buyer. If the Buyer fails to duly notify any defect in the goods, the Buyer shall not be entitled to withdraw from the agreement. The period for exercising rights arising from defective goods shall be reduced to 12 months in the case of the purchase of second-hand consumer goods.
6.5 The Buyer may not withdraw from the agreement or request the delivery of new goods without defects unless the Buyer can return the goods in the condition in which the goods were originally received. This shall not apply to the following cases:
- (a) the condition of the goods has changed as a result of an inspection to detect defects in the goods;
- (b) the Buyer used the goods before the discovery of defects;
- (c) the Buyer did not cause the impossibility of returning the goods in an unchanged condition by the Buyer’s action or omission; or
- (d) the Buyer sold the goods before the discovery of defects, used the goods up or changed the goods in normal usage; in the case of the sale, use or change of a part of the goods, the Buyer shall return to PS what can be returned and shall compensate PS in the amount in which the Buyer benefited from the use of the goods.
6.6 Unless the goods have specifications laid down in Article 6.1 of these GBTC, the Buyer may request the delivery of new goods without defects if this is not disproportionate to the nature of the defect; if the defect only applies to a part of the goods, the Buyer may request the replacement of this part; if replacement is impossible, the Buyer may withdraw from the agreement. However, if the above is inadequate to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer shall have the right to the free removal of the defect.
6.7 The Buyer shall also be entitled to the delivery of new goods or the replacement of a part in the case of a removable defect if the Buyer cannot use the goods properly due to a recurring defect after repair or due to a larger number of defects. In such a case, the Buyer shall also have the right to withdraw from the agreement.
6.8 If the Buyer does not choose to withdraw from the agreement or exercise their right to new goods without defects, part replacement or repair, the Buyer may request a reasonable discount. The Buyer shall also be entitled to a reasonable discount if PS cannot deliver new goods without defects, replace the defective part or repair the goods, as well as in cases in which PS fails to remedy the situation within a reasonable period of time or in which remedy would cause substantial difficulties to the Buyer.
6.9 If the goods have a defect which gives rise to obligations on the part of PS and if such goods are second-hand goods or goods sold for a lower price, the Buyer shall be entitled to a reasonable discount instead of replacement.
6.10 If the Buyer exercises their right arising from defective performance, PS shall send a confirmation in writing to the Buyer indicating the date on which the Buyer exercised this right, the execution of the repair and its duration.
6.11 In the event of exercising rights arising from defective performance (hereinafter referred to as “claims”), the Buyer may ship the claimed defective goods by a carrier to the address of the registered office of PS. The claimed goods shall be properly secured to avoid damage during shipping, and the package must be clearly labelled “CLAIM” and include: the claimed goods (including all accessories), a copy of the purchase receipt, a detailed description of the defect and sufficient contact details of the Buyer (in particular the first name and surname, return address and phone number). Without the above, the identification of the origin of the goods and the defect is impossible. If the goods have already been claimed, the Buyer shall also attach a certificate of the previous claim.
6.12 PS shall process the claim without undue delay, no later than 30 days from the date of the claim. The 30-day deadline may be extended upon agreement with the Buyer after the claim has been made, though an extension shall not be agreed upon for an indefinite or excessively long period of time. If the claim is not processed within the above agreed period, it shall be understood that the agreement has been substantially violated.
6.13 PS shall send a written confirmation to the Buyer indicating the date and content of the claim and the required method of processing the claim; the confirmation shall be sent by e-mail immediately after the receipt of the claim (if the claim is made in person, the confirmation shall be handed over immediately).
6.14 The Buyer shall be entitled to the reimbursement of necessary expenses (in particular the costs associated with the shipping of the claimed goods) that were incurred in connection with exercising legitimate rights arising from liability for defects and that were incurred truly and effectively. If the Buyer withdraws from the agreement due to defective goods, the Buyer shall also be entitled to the reimbursement of the costs associated with withdrawal.
6.15 Once the claim has been processed, PS shall send confirmation to the Buyer indicating the date and method of processing the claim, as well as the execution of the repair, duration of the claim or justification for rejecting the claim; the confirmation shall be sent by e-mail immediately after the processing of the claim (if the claimed goods are collected in person, the confirmation shall be handed over immediately).
6.16 If the claimed goods were shipped by carrier, they will be automatically returned to the address of the Buyer upon processing the claim. If the claim was made in person, PS shall contact the Buyer after processing the claim and ask the Buyer to collect the goods. When collecting the goods after the claim has been processed, the Buyer shall submit the purchase receipt under which the claimed goods were accepted. If the Buyer fails to collect the claimed goods within one month of the date as of which the claim should have been processed or within one month of the date of notification of the processed claim if the claim was processed later, PS shall be entitled to charge the amount of CZK 50 for each commenced day of storing the goods.
6.17 After processing a justified claim, the period for exercising rights arising from defective goods shall be extended by the duration of the claim. In the case of an unjustified claim, the period for exercising rights arising from defective goods shall not be extended. If the claim is settled by the replacement of goods within the statutory period, the new period for exercising rights arising from defective goods shall commence on the day the claim is processed. The duration of the claim shall be calculated from the day following the day on which the claim is made to the day on which the claim is processed, i.e. the period in which the Buyer is obliged to take over the goods.
7. Rights of the Buyer – Entrepreneur Arising from Defective Performance
7.1 If the Buyer is an entrepreneur, PS shall be responsible for any defects in the goods that exist at the moment the risk of damage passes to the Buyer. The Buyer shall notify PS of the defect within 5 business days of the day on which the Buyer was able to discover the defect through a timely inspection and adequate care. PS is obliged to remedy the defect within 30 days of the date of receipt of the defect notification, unless the Parties agree otherwise.
7.2 Other rights and obligations of the Parties in connection with defective goods not stipulated in these GBTC shall be governed by the provisions of Sections 1914-1925 and Sections 2099-2117 of the Civil Code.
8. Withdrawal from the Agreement by a Consumer
8.1 The Buyer shall have the right to withdraw from the agreement in writing within 14 days, using a standard form which can be downloaded here. The deadline under the previous sentence shall commence on the date of the conclusion of the agreement; in the cases below, the deadline shall commence as follows:
- (a) in the case of a purchase agreement, on the date of the takeover of the goods;
- (b) in the case of an agreement under which several types of goods or several parts are delivered, on the date of takeover of the final delivery of the goods; or
- (c) in the case of an agreement under which goods are delivered on a repeated and regular basis, on the date of takeover of the first delivery of the goods.
8.2 PS shall confirm the acceptance of the Buyer’s withdrawal without undue delay by e-mail.
8.3 If the Buyer withdraws from the agreement, the Buyer shall ship the goods received from PS to PS without undue delay, no later than 14 days from the date of withdrawal. PS shall confirm the takeover of the goods to the Buyer without undue delay by e-mail. The Buyer shall return the complete and undamaged goods, including the complete documentation, including the original packaging, if possible. The Buyer shall be liable to PS in the case of a decrease in the value of the goods caused by handling in a manner different from the way goods should be handled with respect to their nature and specifications. PS shall refund to the Buyer all the amounts received from the Buyer under the agreement, in the same method in which PS originally received payment. PS shall refund such amounts to the Buyer within 14 days of the date of withdrawal, but not before PS receives documentation of the shipping of the goods to the address of PS from the Buyer. If the goods cannot be returned by usual carriers due to the nature of the goods, the costs associated with the return of the goods shall be borne by the Buyer.
8.4 The Buyer may not withdraw from agreements listed in Section 1837 of the Civil Code (e.g. from agreements under which the goods have been adjusted to the Buyer’s wishes).
8.5 Until the Buyer takes over the goods, PS is entitled to withdraw from the agreement at any time without giving any reason. In such a case, PS shall refund the Purchase Price to the Buyer without undue delay, in the same method in which PS received the Purchase Price.
9. Personal Data Protection
9.1 The Buyer agrees to the processing and archiving of the Buyer’s personal data required in purchase orders by PS for an indefinite period in accordance with the Personal Data Protection Act for the purpose of performing the subject of the agreement and sending marketing information. The Buyer has the right to know which data are archived by PS, and the Buyer is entitled to change such data, express written disagreement with their processing or request explanations from PS.
9.2 PS shall not provide the personal data of the Buyer to any third parties, with the exception of the contractual carrier in order to deliver the goods.
9.3 The Buyer agrees that PS is entitled to send commercial messages related to PS to the Buyer until the Buyer notifies PS of their wish to discontinue the receipt of such messages. Such notification may be sent by the Buyer to the e-mail address obtained in connection with the performance of the agreement without incurring any costs.
10. Documents and Notifications
10.1 Documents and notifications may be sent to the Buyer to the e-mail address specified in the Buyer’s user account or in the respective purchase order.
11. Final Provisions
11.1 If the Buyer is an entrepreneur, the Buyer shall assume the risk of a change in circumstances under the provisions of Section 1765 of the Civil Code.
11.2 If there is an international element in the relationship established by the purchase agreement, the Parties agree that this legal relationship shall be governed by Czech law. This shall not affect the rights of the consumer under applicable legislation.
11.3 Should any provision of these GBTC be or become invalid, specious or ineffective, this shall not result in the invalidity, inaccuracy or ineffectiveness of these GBTC as a whole or any other provisions hereof, provided that such invalid, specious or ineffective provision is separable from the remaining provisions of these GBTC.
These GBTC became valid and effective on 1 July 2014.