TERMS AND CONDITIONS
Terms and Conditions

 Metal Forming s.r.o.

with its registered office at: Manesova 154/16, 407 53 Jirikov

 

Company ID No.:   05251605 VAT Reg. No.: CZ05251605

 

a company registered by the Regional Court, file No.: C 37763, maintained by the Regional Court in Ústí nad Labem, dealing with sale of goods via an on-line shop placed at the following address: www.metalproduct.eu

  1. Introductory Provisions

1.1.      These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) apply to Metal Forming s.r.o., with its registered office at Manesova 154/16, 407 53 Jirikov, Company ID No.: 05251605, registered by the Regional Court in Usti nad Labem, file No. C 37763 (hereinafter referred to as the “Seller”) and regulate the mutual rights and obligations of the contracting parties originating in relation with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and a different physical or legal entity (hereinafter referred to as the “Buyer”) via the Seller’s internet shop. The Seller runs the e-shop on www.metalproduct.eu via a web interface (hereinafter referred to as the “Web Shop Interface”).

1.2.      In addition, the Business Terms and Conditions regulate the rights and obligations of the contracting parties when using the Seller’s website on: www.metalproduct.eu (hereinafter referred to as the “Website”) and other related legal relationships. The Business Terms and Conditions do not apply to cases in which a person intending to buy some goods from the Seller orders the goods within their business activities.

1.3.      It is possible to arrange provisions different from the Business Terms and Conditions in the Purchase Contract. Potential different provisions included in the Purchase Contract shall take priority over the provisions of the Business Terms and Conditions.

1.4.      The provisions hereof form an integral part of the Purchase Contract. The Purchase Contract and the Business Terms and Conditions are executed in Czech. The Purchase Contract can be concluded in the Czech language.

1.5.      The Seller is entitled to amend the Business Terms and Conditions. This provision shall not affect the rights and obligations that originated during the effective term of the previous version of the Business Terms and Conditions.

  1. User Account

2.1.      The Buyer can access its user interface on the basis of its registration on the Website. From its user interface the Buyer can place orders for goods (hereinafter referred to as “User Account”). If the Web Shop Interface makes it possible, the Buyer can also place orders for goods without registration directly from the Web Shop Interface.

2.2.      If the Buyer registers itself on the Website and orders some goods, all the data it enters there must be true and correct. If the data specified in the User Account change, the Buyer shall be obliged to update them. The Seller regards the data that the Buyer enters in the User Account and when ordering goods as correct.

2.3.      Access to the User Account is secured by a user name and password. The Buyer shall be obliged to maintain the confidentiality of the information necessary for access to its User Account and acknowledges that the Seller shall not be held liable for a breach of this obligation by the Buyer.

2.4.      The Buyer shall not be entitled to allow a third party to use its User Account.

2.5.      The Seller can cancel the User Account especially if the Buyer does not use its User Account longer than 1 year or if the Buyer breaches its obligations determined by the Purchase Contract (including the Business Terms and Conditions).

2.6.      The Buyer acknowledges that the User Account needn’t be available continuously, especially with regard to necessary maintenance of the Seller’s or third party’s hardware and software.

  1. Conclusion of the Purchase Contract

3.1.      The Web Shop Interface includes a list of goods that the Seller offers for sale including the prices of the individual items of the goods offered. The prices of the goods offered include value added tax and all related fees. The offer of goods and the prices of those goods shall remain valid for the whole period of time during which they are displayed on the Web Shop Interface. This provision shall not prevent the Seller from concluding the Purchase Contract under individually arranged terms and conditions. All offers of goods placed on the Web Shop Interface are non-binding and the Seller shall not be obliged to conclude the Purchase Contract for those goods.

3.2.      The Web Shop Interface also includes information on costs related to the packaging and delivery of goods. The information concerning the costs of the packaging and delivery of the goods specified on the Web Shop Interface shall only apply if the goods are delivered within the territory of the Czech Republic.

3.3.      To order goods the Buyer shall complete an ordering form on the Web Shop Interface. The ordering form especially contains information on:

3.3.1.   The goods ordered (the Buyer shall “put” the goods ordered in the electronic shopping basket of the Web Shop Interface);

3.3.2.   The payment method of the purchase price of the goods, data on the required manner of delivery of the goods ordered; and

3.3.3.   Information on costs related to the delivery of the goods (hereinafter jointly referred to as the “Order”).

3.4.      Before the Buyer sends the Order to the Seller, the Buyer is allowed to check and amend the data included in the Order to be able to find and correct mistakes made when entering the data in the Order. The Buyer shall send the Order to the Seller by clicking on the “ORDER” button. The Seller considers the data included in the Order correct. Immediately after receiving the Order, the Seller shall confirm the receipt to the Buyer by an e-mail at the e-mail address specified in the user interface or in the Order (hereinafter referred to as the “Buyer’s E-mail Address”).

3.5.      The Seller shall always be entitled to ask the Buyer, depending on the character of the Order (the quantity of goods, the amount of the purchase price, anticipated costs of the transportation), to confirm the Order again (in writing or by phone, for example).

3.6.      The contractual relationship between the Seller and the Buyer shall originate by delivery of the Order acceptance, which is sent by the Seller to the Buyer by e- mail at the Buyer’s E-mail Address.

3.7.      The Buyer acknowledges that the Seller shall not be obliged to conclude the Purchase Contract, especially with persons who have previously violated their obligations towards the Seller.

3.8.      The Buyer agrees that means of distance communication will be used to conclude the Purchase Price. The costs that the Buyer incurs in relation to using the means of distance communication when concluding the Purchase Contract (the costs of internet connection or phone calls) shall be borne by the Buyer itself.

  1. Price of Goods and Payment Terms

4.1.      The Buyer can pay the price of the goods and potential costs related to the delivery of the Goods as per the Purchase Contract to the Seller as follows:

 

-            In cash in the Seller’s business premises at the following address: Manesova 154/16,  

            407 53 Jirikov

-            Cash on delivery at the place specified by the Buyer in the Order;

-            By cashless transfer to the Seller’s account No. 220883167/0600 maintained by

MONETA Money Bank a.s., (hereinafter referred to as the “Seller’s Account”).

 

4.2.      Along with the purchase price the Buyer shall also be obliged to pay to the Seller the costs related to the packaging and delivery of the goods in the arranged amount. Unless expressly specified otherwise, the purchase price shall also be understood inclusive of the costs of the goods delivery.

4.3.      If the purchase price is paid in cash or cash on delivery, it shall be payable upon takeover of the goods. If the purchase price is paid by cashless transfer, it shall be payable by the due date determined by the Seller.

4.4.      If the purchase price is paid by cashless transfer, the Buyer shall be obliged to specify the payment variable symbol when making the payment. If the purchase price is paid by cashless transfer, the Buyer’s obligation to pay the purchase price shall be regarded as fulfilled at the moment that the correct amount is credited in the Seller’s Account.

4.5.      Especially in the event that the Buyer fails to confirm its order in a satisfactory manner (Article 3.5), the Seller shall be entitled to require that the entire purchase price is paid before the goods are sent to the Buyer.

4.6.      Potential discounts of the price of the goods provided to the Buyer by the Seller cannot be combined with one another.

4.7.      If it is usual in the business relationships or if it is determined by generally binding legal regulations, the Seller shall issue to the Buyer an invoice for the payment performed on the basis of the Purchase Contract. The Seller is a value added tax payer. The Seller shall issue the invoice to the Buyer after the price of the goods has been paid and send it electronically to the Buyer’s e-mail address, or the invoice can be a part of the goods delivery.

  1. Withdrawal from the Purchase Contract

5.1.      The Buyer acknowledges that pursuant to Section 53, paragraph 8 of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible to withdraw from a purchase contract on delivery of goods treated according to the buyer’s wishes or goods that can deteriorate, wear out or become obsolete quickly, or from a purchase contract on delivery of audio and video records and computer programmes if the consumer has damaged the original packaging, and from a purchase contract on delivery of newspapers, periodicals and magazines.

5.2.      Unless it concerns a case specified in Article 5.1 or a different case when it is not possible to withdraw from a purchase contract, the Buyer shall be entitled to withdraw from the Purchase Contract within fourteen (14) days following the goods takeover pursuant to Section 53, paragraph 7 of the Civil Code. The Buyer shall deliver its notice of withdrawal to the Seller within fourteen (14) days following the goods takeover. The Buyer can send its notice of withdrawal, besides others, to the address of the Seller’s business premises or to the Seller’s e-mail address obchod@metalforming.cz

5.3.      In case of a withdrawal from the Purchase Contract as per Article 5.2 hereof, the Purchase Contract shall be cancelled from the beginning. The goods must be returned to the Seller within 14 working days following the day that the notice of withdrawal is sent to the Seller. The goods returned to the Seller must not be damaged or worn out and shall be returned in the original packaging if possible.

5.4.      Within fifteen (15) days following the day that the goods are returned as per Article 5.3 hereof, the Seller shall be entitled to examine the goods returned, especially in order to find out whether or not they are damaged, worn out or partially consumed.

5.5.      In case of a withdrawal from the Purchase Contract as per Article 5.2 hereof, the Seller shall return to the Buyer the performance provided by the Buyer within ten (10) days following the expiry of the period for examination of the good as per Article 5.4 hereof, however, no later than thirty (30) days following the delivery of the notice of withdrawal from the Buyer; the performance shall be repaid by means of a cashless transfer in the bank account specified by the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer immediately after the Buyer returns the goods.

5.6.      The Buyer acknowledges that if the goods that it returns are damaged, worn out or partially consumed, the Seller shall become entitled to receive from the Buyer compensation for the damage incurred. The Seller shall be entitled to unilaterally set off the damages against the Buyer’s entitlement to repayment of the purchase price.

5.7.      Until the Buyer takes over the goods, the Seller shall be entitled to withdraw from the Purchase Contract at any time. In such an event, the Seller shall return the purchase price to the Buyer without undue delay by means of a cashless transfer to the bank account specified by the Buyer.

5.8.      If the Buyer receives a present along with the goods, the deed of gift is concluded between the Seller and the Buyer with a cancellation term that if the consumer withdraws from the Purchase Contract, the deed of gift concerning the present shall lose effect and the Buyer shall be obliged to return the present to the Seller along with the goods.

  1. Transport and Delivery of Goods

6.1.      The goods delivery method shall be determined by the Seller unless specified otherwise in the Purchase Contract. If the transport method is arranged as required by the Buyer, the Buyer shall assume all liability and bear any additional costs related to that transport method.

6.2.      If the Purchase Contract determines that the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer shall be obliged to take over the goods after they are delivered. Unless the Buyer takes over the goods after they are delivered, the Seller shall be obliged to require a storage fee amounting to CZK 1,000 (in words: one thousand Czech Crowns) or withdraw from the Purchase Contract.

6.3.      If it is necessary to deliver goods repeatedly or in a different manner than specified in the Order because of any failure of the Buyer, the Buyer shall be obliged to pay the costs related to the repeated delivery of the goods or to the different manner of delivery.

6.4.      After taking over the goods from the carrier the Buyer shall be obliged to check whether the goods packaging is intact, and if it finds any defects, it shall report them to the carrier without delay. If the Buyer finds damaged packaging proving that someone has wrongfully broken into the consignment, it shall not be obliged to take over the consignment from the carrier. By signing the bill of delivery the Buyer confirms that the packaging was intact.

6.5.      Other rights and obligations of the contracting parties when transporting the goods can be regulated by special delivery terms of the Seller if the Seller has issued any.

  1. Liability for Defects, Warranty

7.1.      The rights and obligations of the contracting parties concerning the Seller’s liability for defects, including the Seller’s warranty liability, shall be governed by generally binding legal regulations (especially Section 612 et seq. of the Civil Code).

7.2.      The Seller shall be held liable for the fact that the item sold is in compliance with the Purchase Contract, especially that it is free of defects. Compliance with the Purchase Contract shall be understood as the fact that the item sold has the quality and utility properties required by the Contract and described by the Seller or the manufacturer or its representative, or expected on the basis of their advertisement, or the quality and utility properties usual for such a thing, and that it complies with the requirements of legal regulations, that it is in appropriate quantity, volume or weight, and that it corresponds with the purpose which the Seller specifies as the purpose of the item or which the item is usually used for.

7.3.      If, after the Buyer takes over its goods, an item does not comply with the Purchase Contract (hereinafter referred to as the “Non-conformity”), the Buyer shall be entitled to require that the Seller puts the item in the condition corresponding with the Purchase Price free of charge and without undue delay, namely, according to the Buyer’s requirement, by replacing the item or repairing it. If this is not possible, the Buyer can require an adequate discount of the price of the item or withdraw from the Purchase Contract. This shall not apply if the Buyer knew about the Non-conformity before taking the item over or if the Non-conformity was caused by the Buyer. Any Non-conformity that is determined within six (6) months following the goods takeover shall be regarded as existing during the goods takeover already unless it contradicts the nature of the item or unless otherwise proven.

7.4.      Unless the goods can deteriorate quickly or unless they are things already used, the Seller shall be held liable for defects that show as the Non-conformity after the goods takeover in the warranty period.

7.5.       The Buyer can claim its rights arising out of the Seller’s liability for defects including the Seller’s warranty liability at the following address of the Seller’s business premises: Manesova 154/16, 407 53 Jirikov

7.6.      A complaint shall be considered lodged at the moment that the Seller receives the claimed goods from the Buyer.

7.7.      Other rights and obligations related to the Seller’s liability for defects are regulated by the Seller’s Rules of Complaints.

  1. Other Rights and Obligations of the Contracting Parties

8.1.      The Buyer shall come into possession of the goods by paying the entire purchase price of the goods.

8.2.      The Buyer acknowledges that the software and other parts forming the Web Shop Interface (including pictures of the goods offered) are protected with a copyright. The Buyer undertakes not to perform any activities that might allow the Buyer or third parties to interfere into or wrongfully use the software or other parts forming the Web Shop Interface.

8.3.      When using the Web Shop Interface, the Buyer shall not be entitled to use any mechanisms or software or take any steps that might affect the operation of the Web Shop Interface. The Web Shop Interface may only be used in a scope which does not harm the rights of other customers of the Seller and which complies with its purpose.

8.4.      The Buyer is not bound with any Codes of Conduct in relation to the Seller within the meaning of Section 53a, paragraph 1 of the Civil Code.

8.5.      The Buyer acknowledges that the Seller shall not be held liable for mistakes caused by third parties interfering in the Website or arising out of using the Website contrary to its purpose.

  1. Personal Data Protection and Sending of Commercial Information

9.1.      Protection of personal data of the Buyer, who is a physical entity, is provided by Act No. 101/2000 Coll., on personal data collection, as amended.

9.2.      The Buyer gives its consent to the processing of its following personal data: name and surname, address, identification number, VAT reg. No., e-mail address, phone number, etc. (hereinafter jointly referred to as the “Personal Data”).

9.3.      The Buyer agrees that the Seller processes its Personal Data for the purposes of realisation of the rights and obligations arising out of the Purchase Contract, for the purposes of maintenance of the User Account and for the purposes of sending various commercial information to the Seller.

9.4.      The Buyer acknowledges that it is obliged to specify its Personal Data (during registration, in its User Account, when placing an order from the Web Shop Interface) correctly and inform the Seller of any changes in its Personal Data without undue delay.

9.5.      The Seller can authorise a third party to process the Buyer’s Personal Data as a processor. The Seller shall not disclose the Personal Data to third parties without the Seller’s previous consent, except to couriers transporting the goods.

9.6.      The Personal Data will be processed for an indefinite period of time. The Personal Data will be processed in an electronic form automatically or manually in a printed form.

9.7.      The Buyer confirms that the Personal Data it provided is correct and that it was acquainted with the fact that the provision of the Personal Data was voluntary.

9.8.      If the Buyer believes that the Seller or the processor (Article 9.5) processes its Personal Data contrary to the protection of the private or personal life of the Buyer or contrary to the law, especially if the Personal Data is incorrect with regard to the purpose of its processing, the Buyer can:

9.8.1.   Ask the Seller or the processor for an explanation;

9.8.2.   Ask that the Seller or the processor to remedy that condition. This can especially concern blocking, correcting, completing or removing the Personal Data. If the Buyer’s request as per the previous sentence is found justified, the Seller or the processor shall remove the defective condition without delay. If the Seller or the processor fail to comply with the request, the Buyer shall be entitled to turn directly to the Office for Personal Data Protection. This provision shall not affect the Buyer’s entitlement to directly refer its motion to the Office for Personal Data Protection.

9.9.      If the Buyer asks for information concerning processing of its Personal Data, the Seller shall be obliged to give the information to the Buyer. The Buyer shall be entitled to require an adequate fee for provision of the information as per the previous sentence, the total of which shall not exceed the necessary costs of provision of the information.

  1. Sending of Commercial Information and Saving of Cookies

10.1.  The Buyer agrees that the Seller sends to the Buyer information related to the Seller’s goods, services or enterprise as well as commercial information at the Buyer’s e-mail address.

10.2.  The Buyer gives its consent to saving the so-called cookies in its computer. If it is possible to shop on the Website and perform the Seller’s obligations arising out of the Purchase Contract without saving the so-called cookies in the Buyer’s computer, and the Buyer can cancel its consent as per the previous sentence at any time.

  1. Delivery

11.1.  Unless otherwise arranged, all correspondence related to the Purchase Contract must be delivered to the other contracting party in writing, namely by e-mail, in person or by a registered letter via a posting services provider (as chosen by the sender). Deliveries to the Buyer shall be sent to the Buyer’s e-mail address specified in its User Account.

  1. Final Provisions

12.1.  If the relationship related to using the Website or the legal relationship established by the Purchase Contract includes an international (foreign) element, the contracting parties agree that the relationship shall be governed by the legislation of the Czech Republic. This provision shall not affect the consumer’s rights arising out of generally binding legal regulations.

12.2.  The Seller is authorised to sell goods on the basis of a trade licence and the Seller’s activity is not subject to other licensing. Inspection of small businesses is performed by the appropriate Trade Licensing Authority within its powers.

12.3.  If any provision hereof is or becomes invalid or ineffective, it shall be replaced with a provision whose meaning will be as close as possible to the invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity of the remaining provisions. The Purchase Contract and these Business Terms and Conditions can only be amended in writing.

12.4.  The Purchase Contract, including the Business Terms and Conditions, is archived by the Seller in an electronic form and is not accessible.

12.5.  The Seller’s contact details: mailing address: Manesova 154/16, 407 53 Jirikov, Czech Republic, e-mail address: obchod@metalforming.cz, phone : +420 734 604 462

 

Jirikov, this day of: 15 October 2016

 

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