Terms and Conditions
General Terms and Conditions of sale and services applied by the company Anton Vorek s.r.o.
1. General Conditions
1.1 These general terms and conditions apply to all business relationships
between the seller - company Anton Vorek s .r. o. (hereinafter referred to as "Seller") and the buyer - legal entity or an individual (hereinafter referred to as "Buyer") for the sale of goods and services, based on the generally applicable legislation of the Czech Republic.
1.2 The rights and obligations of parties under these terms and delivery conditions are governed by the Czech law, especially the Act no. 89/2012 Sb., by the Civil Code, as amended.
1.3 These General Terms and Conditions are an integral part of each contractual relationship and their exact version is published on the website: www.vorek.cz
1.4 By ordering goods and services, the Buyer express acceptance of these General business and delivery terms stated by Anton Vorek s.r.o. for goods sale and providing of services.
2. The price of products and the formation of a contractual relationship
2.1 Prices of goods stated in the Seller's price list are exclusive of VAT, packing, freight and export customs duties if these are applicable. These items will be charged separately on the invoice. The price list is always valid until the new price list is sent out.
2.2 The Buyer is obliged to pay the price of the goods after the addition of VAT at the rate provided in accordance with the valid legislation at the date of delivery. This does not apply if this concerns the transferred tax liability when the obligation to declare VAT is on the buyer.
2.3 Validity of price quotation prepared by the Seller is stated in each price offer.
2.4 For small orders, where the value of the goods is below 200 EUR without VAT (alternatively an equivalent of this amount in other currency), there will be charged an extra handling fee at the amount of 20 EUR. (Alternatively the equivalent of this amount in other currency).
2.5 A proposal for concluding the contractual relationship – Buyer´s order, could be delivered to the Seller by the e-mail, fax, mail, in person or by the telephone.
2.6 The contractual relationship between the Seller and the Buyer begins by the delivery of a written acceptance of the order to the Buyer via e-mail, fax, mail or telephone confirmation or by a personal confirmation upon the receipt of goods.
2.7 The formed contractual relationship may be changed or cancelled with the agreement of both parties only.
3. Payment terms
3.1 The Buyer is obliged to pay the agreed purchase net price on the base of the tax document (invoice) issued by the Seller in the accordance with an agreed maturity.
3.2 The day of fulfillment of the Buyer´s obligation to pay to the Seller the agreed purchase price shall be the date when the funds matching the agreed net purchase price will be credited to the Seller's bank account stated on the invoice or the payment will be made in cash into the Seller ´s cash box.
3.3 If the agreed net purchase price should be paid by the Buyer before the delivery, it shall be due on the base of the issued deposit invoice. In this case the Seller is not obliged to carry out the delivery before the payment of the agreed purchase price is received.
3.4 In the case of cash on delivery, the buyer is obliged to pay the agreed net purchase price in cash to the authorized shipping company upon the receipt of the consignment.
3.5 If the Buyer is in default in complying with any financial debt, or its part, he is obliged to pay to the Seller the contractual default interest at the agreed amount of 0.1% from the overdue amount per day for the period of delay, until the full settlement of the overdue amount.
4. Delivery Conditions
4.1 The seller is obliged to deliver the object of sale within the agreed period on the basis of agreed delivery term DAP according to INCOTERMS 2010, unless another delivery term is agreed. Risk of goods damage (i.e. the risk of loss and damage) is passed onto the buyer according to the content of the agreed delivery term.
4.2 Goods are delivered by post, or by a forwarding or parcel service.
4.3 Unless the Seller and Buyer agree on a special method of goods packaging, the Seller is liable to obtain usual packaging suitable for a dispatch and transport of the delivered kind of goods.
4.4 The Buyer is obliged to inspect the shipment upon receipt. In the event of obvious and noticeable damage on the packaging surface or obvious and recognizable partial loss of the consignment inside of the package, the Buyer (or the consignee of the consignment) is obliged to fill in the Report of the damage, with the forwarder, before accepting the shipment and afterwards the buyer must immediately inform the Seller about this fact in writing. Further manipulation with the damaged shipment must be made in accordance with the instructions of the Seller. If the damage or the partial loss of the consignment content is not obvious during the handover and the receipt by the Buyer (or the consignee), the Buyer must notify the Seller about the damage in writing the next working day after the date of the delivery.
4.5 The Seller is entitled to realize a partial delivery and the Buyer is obliged to take over this partial delivery.
4.6 Goods may be returned back only with the previous permission of the company Anton Vorek s.r.o.. At non-permitted return of the goods back, the accompanying expenses will be charged to the Buyer. Returned goods can be taken back only in the perfect condition and original packaging. Opened packaging, products with limited durability and special products will not be taken back.
4.7 When transporting dangerous goods classified according to ADR compliance, relevant regulations regarding the allowable amounts and equipment of vehicles are followed. At the personal collection the relevant required information are transmitted directly to the customer.
4.8 The Buyer agrees to immediately notify the Seller in writing about all changes to its tax identification (VAT number), or also about the regime change in VAT registration (nonpayer/payer). When a breach of this obligation occurs, the Seller is entitled for a compensation of all property damage that was caused to the Seller due to the VAT payment or paying penalties or other performance towards the tax administrator.
5. Ownership right to the goods
5.1 The goods remain as the property of the Seller until the full payment of the goods purchase price including VAT is made. (so called "Reservation of property rights").
5.2 Until the full payment of the purchase price, including VAT is made, the Buyer isn´t entitled to transfer ownership of the goods to a third party.
6. Force majeure
6.1 The Seller is not responsible for the complete or partial failure of liabilities nor for incurred delay, if the events of force majeure occurred or events that could not be foreseen at the time of closing the contractual relationship, in particular: a strike, war, other disturbances of a similar nature, trade, monetary, political and other authorities' actions, natural disasters, such as fire, flood, earthquake, further the Seller´s uncaused delays in deliveries of material and components or their incorrect delivery from suppliers, delays of transportation, transport lockouts, breakdown of a manufacturing facility or its part or similar force majeure events, including decision or direction of the competent state authority that restricts or make impossible the fulfillment of contractual obligations, difficulties in obtaining of material, energy, raw materials, manpower, or the lack thereof.
6.2 The party that is in terms of force majeure, shall notify in writing without delay the other side about the fact that force majeure is happening, with an expected duration, and also notify in writing the other side when this period is over.
6.3 In the event of arisen unforeseen circumstances, the time for the fulfillment of an obligation extends proportionally to the period during which such circumstances and their consequences occurs.
7. Guarantees and liability for goods defects
7.1 The Seller provides to the Buyer the guarantee of 24 months from the delivery date on the quality of delivered goods. The Seller is not liable for defects incurred by a worn out of the material by casual use of the goods or the use of the goods, which is in a conflict with the documentation relating to the goods if this documentation was provided.
7.2 The Buyer is obliged to check the delivered goods by an acceptance, when he checks delivered quantities, as well as apparent goods defects that are detectable upon the goods receipt. After the goods acceptance the Buyer is entitled to submit a complaint for the missing or defective pieces only.
7.3 All complaints must be made in writing (notification by fax, e-mail or in writing by mail service to the company headquarters´ address of the Seller) through a protocol of defects which must contain the identification data of the claimed consignment (delivery note number, invoice number, date of goods delivery), a description of identified defects and claim, with possible alternative methods of settling.
7.4 The Buyer is obliged to assert the claim by sending the protocol of defects to the Seller within 5 days from the goods delivery date, if this concerns a complaint of quantity, mistaking of goods kind or obvious quality defects.
7.5 The Buyer is obliged to notify the Seller by sending the protocol of defects without undue delay about any other hidden defects, which could not be found at the receipt and acceptance of the goods, i.e. within 5 days after their discovery, but no later than the end of the agreed warranty period.
7.6 The claim from defects cannot be granted if the Buyer hasn´t sent to the Seller a protocol of defects without undue delay (see section 7.4. and 7.5) or failed to send, upon the Seller´s request, any additional data required for a claim or claimed samples within 30 days from the receipt of the appeal for their submission.
7.7 The Seller is obligated to reply to the Buyer in writing his opinion on the complaint within 30 days of receiving the complaint.
7.8 The guarantee fulfillment provided by the Seller is limited to the net value of delivered goods.
7.9 Complaints regarding to defective goods shall not entitle the Buyer to withhold the payment of the price of goods.
8. Final provisions
8.1 All disputes between the Buyer and the Seller shall be solved primarily amicably and by a mutual agreement. If there is no agreement between the Buyer and the Seller, all disputes arising out of any contractual relationship and in the connection therewith will be in final validity decided by the Arbitration Court attached to the Czech Chamber of Commerce and Agrarian Chamber of the Czech Republic according to its rules by one arbitrator appointed by the chairman of the Arbitration Court.
8.2 If the Buyer is a subject with entity based in the Czech Republic the incurred dispute shall be discussed and decided objectively by an appropriate court, whose jurisdiction is given by the business address of the Seller.
8.3 These General Terms and Conditions come into effect from 1.5.2015 and replace the previously applied General Terms and Conditions.