These Business Terms and Conditions of Zemědělské družstvo Haňovice, having its registered office at Haňovice 18, PSČ 783 21, Registr. No. 00147346, registered in the Commercial Register administered by the Regional Court in Ostrava, Section Dr. XXIV, Insert 1114 (hereinafter referred to as the “Seller”), are valid and effective from the 7th of December 2023 (hereinafter referred to as the “Business Terms”). These Business Terms shall apply to the activities of the Seller’s unit – “středisko Plasty Mladeč”, with the contact address as stated below in Article 11.4. The Business Terms for any third party entering into commercial obligations with the Seller become effective upon their publication within the Web Interface of the Seller’s e-shop (hereinafter referred to as the “Shop Web Interface”), which is operated by the Seller on the following internet address: www.filament-pm.cz. The Business Terms define mutual rights and obligations of contracting parties established in connection with or on the basis of the Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) or any other agreements, including those entered into via the Seller’s Shop Web Interface, form an integral part of any agreement, where the rights and obligations are treated in a different manner:
If these Business Terms define some of the rights and obligations jointly for the Consumer and the Business Person, they are both identified as the “Buyer” only.
The rights and obligations between the Seller and the Buyer are governed by the laws of the Czech Republic, which shall also apply in the case that an international entity is involved. The Consumer’s rights arising from the relevant rules and regulations shall not be prejudiced.
The rights and obligations that derogate from the Business Terms may be agreed upon in the Purchase Agreement or any other agreement made between the contracting parties. Every provision that derogates from the Business Terms and is included in the Purchase Agreement or any other agreement shall govern over the provisions of these Business Terms.
The Purchase Agreement or any other agreement and the Business Terms are executed in the Czech language. The business conditions are also available in English on the web interface. Every Purchase Agreement shall be made in the Czech language or English language.
The Seller is eligible to modify or supplement the wording of the Business Terms. Any modification becomes effective upon publication of the new version in the Shop Web Interface, without prejudice to the rights and obligations of the contracting parties established within the effective period of the former version of the Business Terms.
Based on the Buyer’s registration on the website, the Buyer is allowed to access his/her user interface (hereinafter referred to as the “User Account”), where he/she may place orders for goods. The Buyer is also eligible to order goods directly in the Shop Web Interface without prior registration.
When registering on the Seller’s website and ordering the goods, the Buyer is obliged to fill in all required data correctly, completely and truly. The Buyer is also obliged to update these data without any undue delay if any change occurs. The information entered by the Buyer in his/her User Account and when ordering goods is regarded by the Seller as correct, complete and true.
The access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality with regard to the information necessary to access his/her User Account. The Buyer also understands that the Seller shall not be held liable for Buyer’s breach of this obligation. The Buyer is not entitled to enable any third party to use his/her User Account.
The Seller is eligible to cancel a User Account at any time without specifying the reason and without any compensation, especially if the Buyer does not use his/her User Account for more than twelve (12) months or breaches any obligation arising from the Purchase Agreement or the Business Terms.
The Buyer understands that the User Account does not have to be available continuously, especially with regard to necessary maintenance of the Seller’s or any third party’s hardware and software equipment.
Unless stated otherwise in these Business Terms or any other agreement made between the contracting parties, the provisions of these Business Terms, determined for the case of entering into the Purchase Agreement, shall apply to any other agreements made between the contracting parties.
Every presentation of goods placed in the Shop Web Interface is of an informative nature and the Seller is not obliged to enter into the Purchase Agreement in connection with these goods. The Seller expressly declares that although the presentation of goods in the Shop Web Interface could include all essential elements of the Purchase Agreement, it is not an offer under the Civil Code when the Seller has no will to be, by mere acceptance, bound by the agreement concerning the presentation of goods. Therefore, the provision of Section 1732 (2) of the Civil Code shall not apply to the presentation of goods in the Shop Web Interface. Only an order placed by the Buyer pursuant to Article 3.3 becomes a motion to enter into the Purchase Agreement. The Shop Web Interface provides information on goods, including the prices for single products. The prices of goods are listed primarily without value-added tax (hereinafter also referred to as "VAT") and further including VAT (rounding is done according to general mathematical rules) and any other related fees. The product prices are valid for the period they are displayed in the Shop Web Interface. This provision does not limit the Seller’s option to enter into the Purchase Agreement under individually arranged conditions, i.e. with a price different from that indicated in the Shop Web Interface.
Before placing an order for goods, the Buyer is obliged to acquaint himself/herself with these Business Terms. The Buyer is also obliged, before placing an order for goods, to acquaint himself/herself with the information on goods in the Shop Web Interface, which includes the product price covering all taxes and fees, product identification and description of its main characteristics. If the Buyer deems the information mentioned above to be insufficient, he/she shall request the Seller to provide further information. The Buyer is obliged to acquaint himself/herself with the information published in the Shop Web Interface with regard to transport and payment terms and conditions and their related costs. To place an order for goods, the Buyer shall fill in an order form published in the Shop Web Interface. Before sending any order form to the Seller, the Buyer is allowed to check, change or correct the data he/she entered into the order form. Every order form includes in particular:
(every order form which includes all the above data is hereinafter referred to as the “Order”).
The Buyer shall send every Order to the Seller by clicking on the “Order” button. By sending the order, the buyer confirms that he/she has read these terms and conditions and other data and information with which to get acquainted, especially according to Article 3.3. these terms and conditions, when sending the order, it is considered that he/she has read them, that he agrees with them, and undertakes to follow them. The data recorded in the Order by the customer are deemed to be complete, correct and true from the moment they are sent. Upon receipt of the Order, the Seller shall, without undue delay, confirm the receipt of the Order to the Buyer via electronic mail delivered to the Buyer’s email address specified in the Buyer’s User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).
The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs, etc.), to request the Buyer for additional confirmation of the Buyer’s Order (e.g. in writing or by phone).
The contractual relationship between the seller and the buyer arises from the delivery of an unconditional confirmation of receipt of the order, which is sent by the seller to the buyer by e-mail per Article 3.4. of these terms and conditions, to the e-mail address of the buyer (hereinafter also "order confirmation"). Confirmation of the order is therefore the acceptance of the order according to the relevant provisions of the Civil Code and its delivery concludes the purchase contract. Attached to this order confirmation is in particular the current wording of the terms and conditions, a sample form for withdrawal from the purchase contract, for complaints, and for the exchange of goods and the Tariff, all in PDF format. The seller reserves the right to send the buyer with the order confirmation in electronic form and other than the above documentation.
The Seller shall deliver goods to the Buyer in compliance with the Buyer’s Order within the shortest period possible, depending on the Seller’s operational possibilities and availability of goods. Unless agreed otherwise, the contracting parties are aware of the fact that the Purchase Agreement does not include any specific deadline in connection with the delivery of goods.
Unless otherwise agreed between the contracting parties, the buyer undertakes to collect the order made for personal collection no later than 5 working days from the date of receipt of the report on the readiness of the goods for receipt, by e-mail to e-mail address, or by text message to the buyer's mobile phone number as stated in the order. Otherwise, the seller has the right to cancel the order, ie immediately terminate the contract (withdraw from the contract), which informs the buyer by e-mail to his e-mail address specified in the order (hereinafter also "buyer's e-mail address" or "buyer's e-mail").
The Buyer understands that if any product price displayed in the Shop Web Interface, and then in the Order, is apparently lower than the usual price for the same or comparable product in the same place and time, or if the displayed product price is CZK 0.00 or there is no price at all due to an error in calculation or writing or due to a technical error on the Seller’s side, the Purchase Agreement shall not be made, despite the fact that the Seller confirmed receipt of the Order from the Buyer, because the Seller has no will to enter into the Purchase Agreement with such a purchase price or if no purchase price is specified. The Seller is obliged to inform the Buyer of this fact within 3 business days after the date when the Seller sent the Order Confirmation. The Seller is not liable for any damage caused to the Buyer.
The Buyer consents to the use of means of distance communication to enter into the Purchase Agreement. The Buyer shall cover his/her expenses incurred by the use of means of distance communication in connection with entering into the Purchase Agreement (internet connection expenses, telephone expenses).
Once the Purchase Agreement has been entered into, it may be modified by mutual agreement only of the contracting parties. The Buyer is entitled to request the Seller to modify the content of the Purchase Agreement, which is modified upon sending the acceptance, i.e. the Seller’s consent or confirmation of modification concerned sent to the Buyer’s Email Address. The Seller is not obliged to accept any modification, especially if the Seller has already handed over the goods to any third party to transport the goods or if the Seller has modified the goods according to the Buyer’s requirements.
The Shop Web Interface also includes information on shipping costs, i.e. the costs related to packaging and delivery of goods. The information on costs related to packaging and delivery of goods, specified in the Shop Web Interface, is only valid for the deliveries within the Czech Republic. If any goods are delivered outside the territory of the Czech Republic, the Seller reserves the right to charge the Buyer additional costs incurred in connection with this type of delivery. The international sales shall not be carried out as C.O.D. consignments. Every Order shall be paid for in advance of dispatching the goods by payment card or through bank transfer (using a proforma invoice). If the Buyer asserts the VAT deduction right in the event of an international sale, the Buyer is obliged to submit to the Seller an affirmation of the VAT payment in accordance with the relevant VAT regulation within the Buyer’s country. Based on the valid contracts with producers or carriers, the sale of selected products, product lines, and brands may be restricted to the territory of the Czech Republic only. The seller also allows payment of the purchase price through the online payment system PayPal.
The Seller is entitled to issue gift vouchers. The conditions for their issuance and use are set by the Seller in a separate regulation published on the web interface of the shop. If such regulations are not published, the Seller does not issue gift vouchers.
The Buyer is obliged to pay the Seller a purchase price including the costs related to packaging and delivery of goods to the Buyer, unless agreed otherwise in the Purchase Agreement. The purchase price includes the costs related to delivery of goods, unless explicitly stated otherwise.
The purchase price for goods, including the costs related to the delivery of goods under the Purchase Agreement, can be paid by the Buyer as follows:
The Seller is entitled to require the Buyer to pay a deposit before the production of goods commences or before the goods are dispatched. If any deposit is included, it shall be paid on the basis of a proforma invoice issued by the Seller and sent to the Buyer’s Email Address along with the Order Confirmation or within 5 business days after the date of sending the Order Confirmation. The Seller is not obliged to perform the Order until the deposit has been paid.
If the Buyer pays in cash within the Seller’s premises or on delivery, the purchase price is payable when taking delivery of goods. If the Buyer makes a non-cash payment in advance, the purchase price is payable within seven (7) days after entering into the Purchase Agreement. If the purchase price is not paid within the period mentioned above, the Purchase Agreement will terminate the time that has expired without any actions taken. If the Buyer makes the non-cash payment, the Buyer’s obligation to pay the purchase price shall be deemed performed when the full purchase price has been credited to the Seller’s bank account.
Also in the event of any payment method other than a non-cash payment in advance to the Seller’s bank account, the Seller is entitled, in justified cases, particularly if the Buyer does not subsequently confirm his/her Order (see Article 3.5), or the shipping cost or product price are too high, to require the Buyer to pay part of or the full purchase price before sending the goods to the Buyer. If the Buyer does not explicitly accept the Seller’s requirement specified in the previous sentence, or does not act in accordance with this requirement, the Seller has the right to withdraw from the Purchase Agreement. The provision of Section 2119 (1) of the Civil Code shall not apply.
The Seller shall issue the Buyer a tax document, i.e. an invoice, for every payment based on the Purchase Agreement. The invoice is a receipt of purchased goods. The Seller shall always issue an invoice after the Buyer has paid the purchase price for goods collected in person. If goods are delivered through a carrier, the invoice is included in the consignment. Every invoice shall also serve as a delivery note, unless agreed otherwise. The Seller is a VAT payer. The invoice data of the Buyer must not be modified retrospectively after sending an Order.
If the Buyer does not pay the purchase price or any other financial obligation towards the Seller within the prescribed period, the Buyer is obliged to pay the Seller a contractual penalty amounting to 10% p.a. from the outstanding invoiced sum until the last day on which the sum is fully settled. If the Buyer does not pay the invoiced sum within the due date, the Seller reserves the right to cease any other deliveries ordered by the Buyer. The right to statutory interest on arrears remains unaffected by the contractual penalty agreement.
Either of the contracting parties may withdraw from the contract without further notice, under the conditions stipulated in these terms and conditions or agreed in the contract, even if it does not state or have no reason to do so. The right to withdraw from the contract by the buyer consumer, if the purchase contract was concluded using means of distance communication (distance method), is regulated by Article 5.3. these terms and conditions. Withdrawal under this article requires that it be valid in writing. The written form is maintained even in the event of withdrawal made by electronic means, in particular by e-mail of the buyer, or via a data box. In case of doubt, the seller is entitled to request a signature on a document or e-mail in the form of an electronic signature according to Act 297/2016 Coll., On services creating a trust for electronic transactions, as amended. According to this article, the buyer entrepreneur may withdraw from the contract only until the seller hands over the ordered goods for transport to the buyer entrepreneur, and if the goods are not transported to the destination for him, but takes them over in person at the seller, until he receives the goods from the seller. The buyer entrepreneur cannot withdraw from the contract in this way if the goods were according to its requirements have already been specially adapted for it or modifications have already been made. The arrangements contained in the previous two sentences shall apply mutatis mutandis in the event of withdrawal by the purchaser by a consumer with whom the contract has not been concluded by a distance method. According to this article, the seller may withdraw from the contract only until the goods are delivered to the buyer or taken over by the buyer. In the event of withdrawal, the contract is canceled from the beginning and the parties are obliged to return all mutually provided services, no later than fourteen (14) days from withdrawal, but the seller is not obliged to return the funds to the buyer before the buyer returns the goods. If the buyer validly withdrew from the contract according to the provisions in this article, but in connection with the performance of the contract the seller has already incurred costs, the buyer is obliged to reimburse him. The party who intends to withdraw from the contract is obliged to do so without delay, due to the investigation of the rights of the other party.
The Consumer, pursuant to the provision of Section 1829 et seq. of the Civil Code, is entitled to withdraw from the Purchase Agreement (see Article 5.3 of these Business Terms), but there are certain agreements when this right cannot be asserted. The Consumer hereby explicitly acknowledges that pursuant to the provision of Section 1837 of the Civil Code the Consumer cannot withdraw from any agreement:
a) to render services if they were performed with the Consumer’s prior explicit consent before the expiration date for withdrawal from the agreement, and the Seller informed the Consumer before entering into the agreement that in such a case the Consumer has no right to withdraw from the agreement;
b) to deliver goods or service the price of which depends on the financial market deviations regardless of the Seller’s will and which might occur within the time for withdrawal from the agreement;
c) to deliver alcoholic beverages that can only be delivered after the expiration of a thirty-day period and the price of which depends on the financial market deviations regardless of the Seller’s will;
d) to deliver goods that were modified according to the Consumer’s requirements or specially designed for the Consumer;
e) to deliver perishable goods and goods which after delivery were irretrievably mixed with other types of goods;
f) for repair or maintenance carried out at the Consumer’s request within the premises chosen by the Consumer; this shall not apply if any other repairs than those required are to be carried out or any other spare parts than those required are to be delivered;
g) to deliver goods in closed packaging which the Consumer unwrapped and which cannot be returned for hygienic reasons;
h) to deliver an audio or video recording or computer software if the Consumer damaged the original packaging;
i) to deliver newspapers, periodicals, and magazines;
j) for accommodation, transport, catering, or leisure activities if the Seller performs these within the prescribed period;
k) which was entered into on the basis of a public auction pursuant to the Public Auction Act;
l) to deliver digital content, unless delivered on a tangible medium, which was delivered with the Consumer’s prior explicit consent before the expiration date for withdrawal from the agreement, and the Seller informed the Consumer before entering into the agreement that in such a case the Consumer has no right to withdraw from the agreement.
Unless it is a case specified in Article 5.2 of the Business Terms or any other case when it is not possible to withdraw from the agreement, and if the agreement was entered into through the use of means of distance communication, the Consumer is entitled, pursuant to the provision of Section 1829 (1) of the Civil Code, to withdraw from the agreement within a period of fourteen (14) days. This period commences:
a) from the date of taking delivery of goods;
b) from the date of taking the last delivery of goods if the agreement includes several types of goods or delivery of several parts;
c) from the date of taking the first delivery of goods if the agreement includes regular and repeated delivery of goods;
d) from the date of entering into the agreement in the other cases.
The above-mentioned time limit for withdrawal from the Purchase Agreement by the Consumer is regarded as observed if within this period the Consumer sends his/her withdrawal from the agreement to the Seller. The time begins to run on the following day after the fact determining its commencement (e.g. when the Consumer receives the goods). If the last day of the time limit falls on a Saturday, Sunday, or holiday, the last day of the time limit is the nearest business day. To withdraw from the Purchase Agreement the Consumer can complete and send the form template provided by the Seller in the Shop Web Interface. The Consumer can also send his/her withdrawal from the Purchase Agreement as documentary material in writing to the Seller’s contact address specified herein below in Article 11.4.
In the event of withdrawal from the agreement under Article 5.3 of the Business Terms, the Purchase Agreement shall be canceled completely. In such a case, the goods shall be returned to the Seller’s contact address, specified herein below in Article 11.5., within a period of fourteen (14) days after withdrawal from the Purchase Agreement. If the Consumer withdraws from the Purchase Agreement, he/she shall bear the expenses in connection with returning the goods to the Seller; this provision shall also apply when the goods cannot be returned by regular post due to the special nature of goods.
The Consumer should return the complete goods, free from any damage and apparent evidence of their use, i.e. clean, with all delivered accessories and complete documentation, in the original intact packaging, in the condition and value the Consumer received the goods. If the Consumer sends the goods in question through a carrier, he/she should pack them into appropriate and strong packaging material so that the goods cannot be damaged during their transport. If the goods are fragile, the Consumer should label the parcel with relevant symbols. The risk of damage of the goods shall be borne by the Consumer until the goods are received by the Seller.
Within fourteen (14) days after returning the goods by the Buyer pursuant to Article 5.4 of the Business Terms, the Seller is entitled to review the goods in order to check whether the returned goods are not damaged, excessively worn out or partially consumed by the Buyer.
In the event of withdrawal from the Purchase Agreement pursuant to Article 5.3 of the Business Terms, the Seller shall return the money received from the Consumer for the purpose of performing the obligations under the Purchase Agreement, i.e. the purchase price paid by the Consumer plus costs related to delivery of goods to the Consumer in an amount corresponding to the cheapest delivery method offered, without any undue delay, but no later than fourteen (14) days after the Consumer’s withdrawal from the Purchase Agreement, in the same manner the Seller received the payment from the Consumer. If in cash, the purchase price shall be refunded under this Article to the Consumer within the Seller’s headquarters or Seller’s premises. The Seller is also entitled to return the performance rendered by the Consumer upon returning the goods by the Consumer or in any other manner if the Consumer agrees and no other expenses to be borne by the Consumer are included. Notwithstanding the previous provision, if the Seller’s obligation to refund the purchase price in accordance with the previous sentence is not performed due to any fact caused by the Consumer (e.g. the Consumer did not collect the money provided through a money order), any other expenses in connection with the repeated refund of the purchase price shall be borne by the Consumer. If the Consumer withdraws from the Purchase Agreement pursuant to Article 5.3, the Seller is not obliged to return the money received from the Consumer until the Consumer has returned the goods to the Seller or the Consumer proves that the goods has been sent to the Seller.
The Consumer acknowledges that in the event of withdrawal from the Purchase Agreement in accordance with Article 5.3 of the Business Terms, the Consumer shall be liable to the Seller, pursuant to Section 1833 of the Civil Code, for decreasing the value of goods caused by handling the goods in a different manner than needed with regard to their nature and characteristics, particularly if the returned goods were damaged, excessively worn out or partially consumed by the Consumer, or if the Consumer apparently used the goods more than is sufficient to find out whether the goods are acceptable. The Seller shall inform the Consumer that the expenses related to returning the goods are based on the expenses required by third parties (i.e. persons providing professional service, repair, and maintenance) towards the Seller.
The Seller expressly declares that in compliance with valid legislation the Seller is entitled to set off unilaterally any monetary claim towards the Buyer, arising from valid legislation or the Purchase Agreement including these Business Terms, against the Buyer’s right to a refund of the purchase price.
The seller is entitled to determine the conditions of possible repurchase of packaging or transport material of goods; if such redemption is allowed, it is governed by the terms and conditions posted on the store's web interface.
If the place of performance is at any other address than the address of the Seller’s premises, the method of transport of the goods ordered by the Buyer shall be selected by the Buyer in his/her Order based on the transport options offered by the Seller. If the Buyer is a Business Person, the Seller’s obligation to hand over the goods shall be deemed performed upon handover of goods to the carrier. If the method of transport is determined by a Buyer’s special requirement and was not offered to the Buyer by the Seller, the Buyer shall bear additional costs associated with this transport method, and upon handover of the goods to the carrier the goods are deemed handed over pursuant to the provision of Section 2090 (1) of the Civil Code; this shall also apply if the Buyer is a Consumer, who, from the moment of handover, bears the risk of damage and accidental destruction of the goods. In any other case, the Seller’s obligation to hand over the goods shall be deemed performed when the Seller enables the Buyer to handle the goods within the Seller’s premises, and has informed the Buyer of this fact in due time, or when the goods are handed over to the Buyer by the carrier if the goods have been delivered to the Buyer.
If for any reasons on the Buyer’s side the goods have to be delivered repeatedly or in a method different from that agreed in the Purchase Agreement, the Buyer is obliged to cover the costs associated with the repeated delivery of goods or costs associated with a different method of delivery of goods.
If the Seller is obliged under the Purchase Agreement to send any goods outside the Seller’s premises to a place determined in the Buyer’s Order, the Buyer is obliged to take delivery of the goods from the carrier. If the Buyer has not taken delivery of the goods from the carrier, he/she has breached an important obligation of the Purchase Agreement and consequently, the Seller is entitled to withdraw from the Purchase Agreement immediately and claim compensation from the Buyer covering the minimum efficient costs associated with transport, packaging and related administration expenses. The right to the contractual penalty specified in the previous sentence shall not exclude the Seller’s claim for damages.
When collecting the goods from the Seller in person, the Buyer shall inspect the goods carefully based on the delivery note, invoice or any other document of the purchased goods; in particular, the Buyer shall inspect whether the goods are complete, unbroken and free from any damage.
When receiving the goods from the carrier, the Buyer shall inspect carefully the following:
If the Buyer received the goods without any delivery note, invoice, or any other document of the purchased goods, he/she should immediately request the Seller for such a document for the purpose of inspecting the goods, as the missing delivery note, invoice or any other document of the purchased goods may indicate the fact that part of the goods was not delivered.
If the seller bears the risk of damage and accidental destruction of goods until the goods are received by the Buyer from the Carrier, the Buyer is not obliged to accept those goods from the carrier which are incomplete or apparently damaged. Nevertheless, the Buyer is obliged to record this fact in the shipping document and immediately notify the Seller of this fact, along with the Order number, through an e-mail sent to info@plastymladec.cz.
If the Buyer accepts the goods and then when inspecting the goods, he/she finds any inconsistencies which are at variance with the Purchase Agreement (such as apparent defects), the Buyer is obliged to notify the Seller of this fact within the next business day through an e-mail sent to info@plastymladec.cz, in the following manner:
a) In the event of damaged goods the Buyer shall specify the Order number, consignment number and attach the photo documentation of:
b) In the event the goods are incomplete the Buyer shall specify the Order number, consignment number, list of missing products or component parts, and attach the photo documentation of:
The Buyer is also obliged to write together with the carrier a damage report, which shall be delivered without undue delay to the Seller. Until the damage report has been completed and delivered to the Seller, the Buyer shall not handle the consignment in any manner and is obliged to keep all transport packaging. Whenever any complaint is dealt with, the Buyer shall cooperate with the Seller and the Carrier and submit the consignment at their request. The Buyer may dispose of the damaged goods only upon prior approval by the Seller or the carrier.
The risk of damage and accidental destruction devolves on the Buyer upon taking delivery of goods by signing the delivery note, invoice, or any other document of the purchased goods if collected in person within the Seller’s premises, or by signing the shipping document if the Buyer receives the purchased goods from the carrier unless the risk of damage and accidental destruction devolved on the Buyer earlier pursuant to Article 6.1. Any additional complaint concerning the incompleteness or external damage of goods shall not deprive the Buyer of the right to lodge a complaint of the goods, but at the same time, the Seller is eligible to prove that such a situation is not at variance with the Purchase Agreement.
The rights and obligations between the Seller and the Buyer with regard to the Seller’s liability for defective goods shall be governed by relevant legislation, in particular by the provisions of Section 2099 et seq. of the Civil Code, and also by the provisions of Section 2161 et seq. of the Civil Code if the Buyer is a Consumer.
Goods are defective if not handed over by the Seller in the agreed quantity, quality and design. If the quality and design are not defined, the Seller shall perform its obligations in the quality and design appropriate for the purpose resulting from the Purchase Agreement or the purpose that is deemed usual. If the product quality or design is to be determined by the agreed product sample, the product quality or design shall be in compliance with that product sample. If the product sample quality or design differs from the product quality or design defined in the Purchase Agreement, the Agreement shall apply. If the Agreement and the product sample determine the product quality or design in a different manner but they are not in conflict, the product quality or design shall be in compliance both with the Agreement and product sample. Possible defects shall also include performance of a different obligation, any mistakes in documentation necessary for the use of goods, and legal mistakes. Any goods includes a legal mistake in the event that any third party asserts its right to the goods and the Buyer did not know or could not know about this third party’s right. Defective performance shall also include the case when the Seller assures the Buyer at variance with the facts that the goods have no defects or are designed for a specific purpose, or if the Seller has alienated any goods illegally. If any defect is apparent and evident at the time of entering into the Purchase Agreement or it can be found out through a public register, the defect is to be at the Buyer’s expense. The previous provision shall not apply if the Seller concealed any defect deceitfully or if the Seller expressly assured the Buyer that the goods did not have any such defect, or had no defects at all.
The Seller shall be liable to the Buyer for ensuring that in devolving the risk of damage upon the Buyer the goods have no defects, nor will they occur in the future, and that no defect caused by the Seller’s breach of its obligation will occur in the future. If the Buyer is a Consumer and any defect will occur within a period of six (6) months after taking delivery of the goods, they shall be deemed defective from the time of taking delivery.
If the Buyer is a Consumer, the Seller shall be liable for ensuring that at the time when the Consumer receives the goods,
a) they have the properties agreed upon by the contracting parties, and in the absence of such a provision they have the properties described by the Seller or producer or which the Buyer expected based on the product nature and advertising carried out by the Seller or producer;
b) they are fit for the purpose specified by the Seller or the purpose for which the goods of this type are normally used;
c) they are in compliance with the product sample quality or design agreed upon by the contracting parties if the product quality or design was determined by the product sample agreed upon by the contracting parties;
d) they are in adequate quantity, measurements or weight; and
e) they are in compliance with valid legislation.
The Buyer is eligible to assert any claim for defective goods before court if he/she complained about the defect in question to the Seller, without undue delay after the Buyer could inspect the goods and discover the defect, either through a notice describing the nature of the defect or simply identifying the defect. If the Buyer does not complain about the defect in due time and the Seller will make objections to the delayed complaint, the court shall not admit the claim to the Buyer. This shall not apply if the defect results from the fact the Seller was aware of when handing over the goods. The Consumer is entitled to assert the claim for defective consumer goods within a period of twenty-four (24) months and the Business Person is entitled to assert the claim for defective goods within a period of six (6) months. The period for asserting claims for defective goods commences from the date of receiving the goods by the Buyer. If any complaint is handled in the form of replacement of goods, the period for asserting the claim for defective goods shall not commence from the very beginning. If any complaint is admitted and handled via repair or replacement, the period for asserting claims for defective goods is extended by the complaint period. The complaint period commences from the following day after the date on which the complaint was lodged and terminates on the date on which the Buyer was notified that the complaint had been handled.
The Seller recommends to the Buyer to read carefully the instructions for use before using the goods and then follow these instructions. Otherwise the Buyer might damage the goods due to their misuse and consequently, the Buyer would not be entitled to assert the claim for defective goods.
If the goods do not possess the properties specified in Article 7.3 of the Business Terms, i.e. they are not free from defects pursuant to Article 7.2 of the Business Terms and when any defect is deemed material breach of the Purchase Agreement, the Buyer is entitled:
a) to removal of the defect by delivering new goods free from defects or delivering any missing thing;
b) to removal of the defect by repairing the goods;
c) to an adequate discount on the purchase price; or
d) to withdraw from the Purchase Agreement.
When reporting any defect (i.e. complaint) or after reporting the defect without undue delay, the Buyer shall notify the Seller of the claim he/she has chosen. The Buyer shall not change the chosen claim without the Seller’s consent; this shall not apply if the buyer requires the Seller to have the defect repaired and then the defect turns out to be irreparable. If the Seller does not remove the defect in question within a reasonable time or informs the Buyer of its intention not to remove the defect, the Buyer is eligible to require an adequate discount on the purchase price or is entitled to withdraw from the Purchase Agreement. If new goods are delivered, the Buyer shall return to the Seller at its own expense the original goods delivered to the Buyer. If the Buyer does not choose any of the above claims in due time, he/she is eligible to the same rights resulting from defective performance as in the case of immaterial breach of the Purchase Agreement. If the Buyer does not notify the Seller of any defect in due time, the Buyer shall be deprived of the right to withdraw from the Purchase Agreement. Any defect shall be reported without undue delay after it can be detected by the Buyer if exercising sufficient care. Until any defect is removed, the Buyer does not have to pay the part of the purchase price that is adequate, by estimation, to the Buyer’s right to a discount. The Buyer is not eligible to withdraw from the Purchase Agreement, nor is he/she eligible to require the Seller to deliver a new thing if the Buyer is not able to return the thing in the same condition in which he/she received it. This shall not apply:
a) if a change of condition results from the inspection to detect a defective thing;
b] if the Buyer used the thing before discovering a defect;
c) if the impossibility to return a thing in unchanged condition was not caused by the Buyer’s action or omission; or
d) if the Buyer sold a thing before discovering a defect, consumed a thing or modified a thing in using it regularly; if any of the above only occurred partially, the Buyer shall return to the Seller every part possible and shall pay the Seller a compensation corresponding to the amount to which the Buyer benefitted from the use of the thing concerned.
If the goods do not possess the properties specified in Article 7.3 of the Business Terms, i.e. they are not free from defects pursuant to Article 7.2 of the Business Terms and when any defect is deemed immaterial breach of the Purchase Agreement, the Buyer is entitled:
a) to removal of the defect by delivering new goods free from defects or delivering any missing thing;
b) to removal of the defect by repairing the goods; or
c) to an adequate discount on the purchase price.
When reporting any defect (i.e. complaint) or after reporting the defect without undue delay, the Buyer shall notify the Seller of the claim he/she has chosen. Until the Buyer exercises the right to a discount on the purchase price or withdraws from the Purchase Agreement, the Seller can deliver a missing thing or remove a legal mistake; other defects may be removed by repairing a thing or delivering a new thing based on the Seller’s choice; this choice must not result in inadequate costs to be borne by the Buyer. If the Seller does not remove the defect in question within a reasonable time or informs the Buyer of its intention not to remove the defect, the Buyer is eligible to require an adequate discount on the purchase price or is entitled to withdraw from the Purchase Agreement. The Buyer shall not change the chosen claim without the Seller’s consent; this shall not apply if the buyer requires the Seller to have the defect repaired and then the defect turns out to be irreparable. If new goods are delivered, the Buyer shall return to the Seller at its own expense the original goods delivered to the Buyer. If the Buyer does not choose any of the above claims in due time, he/she is eligible to the same rights resulting from defective performance as in the case of immaterial breach of the Purchase Agreement. If the Buyer does not notify the Seller of any defect in due time, the Buyer shall be deprived of the right to withdraw from the Purchase Agreement. Any defect shall be reported without undue delay after it can be detected by the Buyer if exercising sufficient care. Until any defect is removed, the Buyer does not have to pay the part of the purchase price that is adequate, by estimation, to the Buyer’s right to a discount. The Buyer is not eligible to withdraw from the Purchase Agreement, nor is he/she eligible to require the Seller to deliver a new thing if the Buyer is not able to return the thing in the same condition in which he/she received it. This shall not apply:
a) if a change of condition results from the inspection to detect a defective thing;
b) if the Buyer used the thing before discovering a defect;
c) if the impossibility to return a thing in unchanged condition was not caused by the Buyer’s action or omission; or
d) if the Buyer sold a thing before discovering a defect, consumed a thing or modified a thing in using it regularly; if any of the above only occurred partially, the Buyer shall return to the Seller every part possible and shall pay the Seller a compensation corresponding to the amount to which the Buyer benefitted from the use of the thing concerned.
If the goods do not possess the properties specified in Article 7.3 of the Business Terms, i.e. they are not free from defects pursuant to Article 7.2 of the Business Terms, the Consumer is eligible to require the Seller to deliver a new thing free from any defects, unless it is unreasonable with regard to the nature of the defect in question; if the defect only concerns a single component of the thing, the Consumer is only eligible to require the Seller to replace the component in question; if it is not feasible, the Consumer is entitled to withdraw from the Purchase Agreement. Nevertheless, if it is inadequate considering the nature of the defect, especially if the defect can be removed without any undue delay, the Consumer is eligible to removal of the defect free of charge. The Consumer is also entitled to delivery of a new thing or replacement of a component in the event of any removable defect if the Consumer cannot use the thing due to the repeated occurrence of any defect after repair or due to a large number of defects. In this case the Consumer is also entitled to withdraw from the Purchase Agreement. If the Consumer does not withdraw from the Agreement or does not assert the claim for delivery of a new thing free from defects or replacement of a single component or repair of a thing, the Consumer is eligible to require an adequate discount. This shall also apply if the Seller is not able to deliver a new thing free from defects or replace a single component or repair a thing, or if the Seller does not make good any defect in a reasonable time or if making good any defect might cause considerable inconveniences to the Consumer. Nevertheless, the Consumer is not entitled to any claim resulting from defective performance if he/she knew before accepting the thing that the goods were defective or if the Consumer caused the defect himself/herself (see e.g. Article 7.11 of the Business Terms).
The material breach of the Purchase Agreement is any breach of obligation which the party concerned was aware of at the time of entering into the Purchase Agreement and must have known that the other party would not have entered into the Agreement if it had anticipated this breach. Any other manner of breach of the Purchase Agreement shall be deemed immaterial.
The “removable defects” are any defects that can be removed by repair and consequently the goods are free from any defects, i.e. such defects the removal of which will not worsen the original design, quality, function and utility properties of the goods, and their repair can be carried out in the prescribed time for handling complaints. The assessment of the character of any defect shall be conducted by the Seller.
The “irremovable defects” are any defects that do not enable the goods to be used as goods free from any defects, i.e. such defects that cannot be removed without worsening the original design, quality, function and utility properties of the goods and their repair cannot be carried out in the prescribed time for handling complaints. The assessment of the character of any defect shall be conducted by the Seller.
The liability for quality and the rights and duties resulting from defective performance are the subject-matter of obligation relationship between the Seller and the Buyer. This obligation relationship is established between the Seller and the Buyer and if the title to goods is transferred, the rights and duties mentioned above shall not devolve upon a new Buyer.
The Buyer is not entitled to have any defective goods removed by third parties and then require the Seller to pay the costs in connection with this procedure. When making any complaint, the Buyer is not entitled to suspend payment of the purchase price; the provision of Section 2108 of the Civil Code shall not expressly apply.
Beyond the scope of rights specified in the previous articles or agreed upon between the contracting parties, the Consumer is eligible to exercise the right resulting from defects of consumer goods after receiving the goods, within a period of time defined in legislation. If the product being sold, its packaging, the instructions for use or advertising, in compliance with any other regulations, includes the information about a period for which the thing can be used, the provisions of these Business Terms, the Agreement and legislation defining the quality guarantee shall apply. The provision mentioned above shall not apply:
a) to goods sold at a lower price due to any defect;
b) to wear and tear of goods caused by their regular use;
c) to any defect in used goods corresponding to the extent of use or wear and tear, which the goods had when received by the Consumer; or
d) if it results from the nature of goods.
The rights resulting from defective performance shall be exercised with the Seller. If the Consumer exercises the right resulting from defective performance, the other contracting party shall confirm in writing the date on which the Consumer exercised the right, the method of repair and time needed for this repair.
The Seller does not normally provide certificates of guarantee for the goods sold, nor any other document confirming the scope and period of the rights resulting from defective performance; to make a complaint, a receipt of the purchased goods shall be sufficient (e.g. an invoice or delivery note). Any other matters are governed by valid legislation.
The Buyer shall exercise any rights resulting from defective performance (hereinafter referred to as the “complaint”) at the Seller’s contact address mentioned below in Article 11.4. The Buyer shall make a complaint without undue delay after discovering any nonconformity.
When making a complaint, The Buyer shall hand over the goods concerned, together with the accessories which are necessary for the assessment of defective goods.
The Seller recommends to the Buyer to submit along with the goods in question the following:
To file a complaint, the buyer can use the sample form provided by the seller, which the buyer receives electronically upon confirmation of the order and which is also available on the web interface of the store.
If the Buyer makes a complaint and sends the goods in question through a carrier, the Buyer should pack them in an appropriate protective packaging material that satisfies the transport requirements in order to prevent any damage during transport. When sending any fragile goods, the Buyer should identify them with the relevant symbols. The risk of damage to the goods shall be borne by the Buyer until they are received by the Seller.
When making a complaint, the Buyer shall receive, within a period of three (3) business days after making a complaint, confirmation of the date and content of the complaint and the method of handling required by the Buyer; this confirmation shall be sent to the Buyer’s Email Address without undue delay after receiving the complaint by the Seller; if any complaint is made in person, the confirmation shall be submitted immediately.
The Buyer shall cooperate with the Seller in connection with identifying the defect and origin of goods in question and upon request shall add any missing documents. Otherwise, the Buyer’s complaint may be rejected due to non-cooperation. The time for handling a complaint shall not commence until all missing documents are submitted.
The Seller is entitled to reject the goods which are the complaint subject-matter if the goods and/or their components are dirty or do not meet the essential hygienic requirements for the safe handover of goods for the purpose of the complaint procedure unless the level of dirt is regular.
The goods being the complaint subject-matter shall only be reviewed for the defects specified by the Buyer.
The Buyer understands that if he/she does not deliver the goods in question including all accessories received, then in the event of Buyer’s withdrawal from the Agreement the Buyer shall receive the purchase price value decreased by the price of accessories not delivered to the Seller.
When a complaint is made by the Buyer, the Seller shall decide on the complaint within three (3) business days (i.e. decide whether the complaint is to be handled or rejected) or within seven (7) business days in complex cases. The time necessary for an expert assessment of the defect shall not be included in the above period. The Seller shall employ a full-time person within its premises who is in charge of handling complaints. The complaints including removal of defects shall be handled by the Seller in the following terms:
The time for handling a complaint shall commence on the next day after the complaint was made. If the time for handling a complaint expires without any actions taken, the Consumer shall be eligible for the same rights as in the case of irremovable defects.
The Buyer can get information about the complaint procedure through e-mail delivered to info@plastymladec.cz.
The Seller shall issue or send, within a prescribed time for handling a particular complaint, a confirmation in writing containing the date on which the Buyer’s complaint was made, the method of handling including a confirmation of any repair and the length of time the repair took, and the reasoning of rejection if a complaint is rejected (hereinafter referred to as the “Complaint Report”).
The Buyer is entitled to the reimbursement of efficient costs associated with making a legitimate complaint. They shall be regarded as the minimum necessary costs. In particular, they include postage in connection with sending a complaint. The Buyer shall request for the reimbursement of costs without undue delay when the complaint is settled, but no later than one (1) month from termination of the period in which the Buyer is obliged to complain about any defect to exercise the rights resulting from defective performance. The Seller recommends to the Buyer to request for the reimbursement of costs through an e-mail sent to info@plastymladec.cz along with the complaint number and scanned receipt of covered costs.
As soon as any complaint is settled, the Buyer shall be notified of this fact through e-mail, SMS, or by phone. If the Buyer sent the goods in question through a carrier, they are automatically sent back, as soon as the complaint is settled, to the Buyer’s address. The provision of Article 6.4 of the Business Terms shall also apply in the event of receiving the goods from a carrier after the complaint was settled. If the Buyer does not accept the goods from the carrier, the Buyer shall be liable for any damage caused to the Seller.
When receiving the goods after the complaint was settled, the Buyer shall inspect the goods, particularly whether they are complete and in compliance with the Complaint Report. Any inconsistency shall be immediately reported to the Seller. Any delayed objections shall be disregarded.
As soon as any complaint is settled, the Buyer shall collect the goods without undue delay within thirty (30) days after the date on which the Buyer was notified of the complaint settlement. If the Buyer does not collect the goods in the prescribed period or does not accept the goods from the carrier, the Seller is entitled to charge the Buyer a storage fee amounting to the usual level. If the Buyer does not collect the goods in question within six (6) months after the date he was notified of the complaint settlement, the Seller reserves the right to sell the goods and use the proceeds to cover the storage cost. If the goods, after the complaint had been settled, was sent to the Buyer’s address and the Buyer does not take delivery of the goods, they shall be stored within the Seller’s premises to be collected in person under the same terms and conditions for their collection; if the goods are to be sent repeatedly, it shall be performed at the Buyer’s expense only.
When receiving the goods after the complaint was settled, the Buyer is obliged to submit the document he received upon handing over the goods to the Seller or shall prove his/her identity.
The buyer acquires ownership of the goods at the time the goods are taken over or delivered, but only on the condition that the full purchase price is paid in full at this time. However, the risk of damage to the goods passes at the moment of its acceptance by the buyer or delivery to the buyer, if it has not passed earlier per the contract or these terms and conditions. If the buyer is an entrepreneur, then the risk of damage to the goods passes from the moment of its delivery to the first carrier, if the transport of goods is provided by the buyer.
The Seller does not provide any guarantees apart from those arising from valid legislation. The Seller is not bound in relation to the Buyer by any codes of conduct pursuant to the provision of Section 1826 (1e) of the Civil Code.
Any mutual disputes between the Seller and the Consumer shall be resolved by general courts.
Any Consumer complaints are administered by the Seller via email address info@plastymladec.cz. The Seller shall notify the Buyer of any complaint settlement via e-mail sent to the Buyer’s Email Address.
Any out-of-court consumer disputes, unless the Consumer Protection Act or other regulations state otherwise, shall be settled through the Czech Trade Inspection Authority (“Česká obchodní inspekce”) based at Štěpánská 567/15, 120 00 Praha 2, Registr. No. 000 20 869, web address http://www.coi.cz, or through any other body authorized by the Ministry of Industry and Trade. The platform for online settlement of disputes at http://ec.europa.eu/consumers/odr may be used in disputes resulting from the Purchase Agreement made between the Seller and the Buyer.
The Czech Republic European Consumer Centre based at Štěpánská 567/15, 120 00 Praha 2, web address http://www.evropskyspotrebitel.cz is the contact point according to Regulation of the European Parliament and the Council No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Directive on online dispute resolution for consumer disputes).
Mutual disputes between the seller and the buyer entrepreneur are resolved by the general courts of the Czech Republic, whose local jurisdiction is determined by the registered office of the seller.
The Seller is entitled to sell goods based on the Trade Licence. Any business and trade activities are supervised by the Trade Licence Office (“Živnostenský úřad”). The field of personal data protection is supervised by the Office for Personal Data Protection (“Úřad pro ochranu osobních údajů“). The Czech Trade Inspection Authority supervises within a defined scope the compliance with the Consumer Protection Act.
The Buyer takes into account that the software and other components of the Shop Web Interface (including the photos of the goods on offer) are protected by copyrights. The Buyer obliges not to perform any activity that might allow him/her or any third party to infringe upon or make unauthorized use of the software or any other components of the Shop Web Interface.
When using the Shop Web Interface, the Buyer is not entitled to use any software, mechanisms or take any other steps which might adversely affect the Shop Web Interface operation. The Shop Web Interface may only be used within the extent that is not to the prejudice of other buyers’ rights and is in compliance with its purpose.
The Buyer understands that the Seller can take some of the information displayed on its web pages from third parties and therefore it can contain factual and technical inaccuracies, colour divergences and typographical errors; the information and goods displayed on the Seller’s websites can differ from the facts in unsubstantial details, accessories or design of the goods.
The Seller is no liable for any loss of earnings or direct, indirect, extraordinary or any other damage caused by the use of information displayed on the Seller’s web pages. The Seller is not liable for any errors resulting from any interference in the web pages by third parties or resulting from any use of the web pages that is not in compliance with their purpose.
If the Seller breaches any of the material obligations of the Purchase Agreement, it shall only be liable for damage, caused to the Business Person, which results from any intentional fault or gross negligence of the Seller, its authorized representatives or its employees. If the Seller breaches any of the immaterial obligations of the Purchase Agreement, it shall only be liable for damage, caused to the Business Person, which results from any fault of the Seller, its authorized representatives or its employees; nevertheless, the Seller shall not be held liable for any loss of earnings. In either of the above cases, the Seller is liable for damage amounting to the level of typical damage which might have been anticipated at the time of entering into the Purchase Agreement, but not higher than the purchase price of goods.
The Buyer hereby takes upon himself/herself the risk of change of circumstances pursuant to the provision of Section 1765 (2) of the Civil Code.
The provision on contractual penalty shall not affect the right for damages resulting from breach of any obligation that is subject to contractual penalty, including cases when the amount of damage exceeds the contractual penalty, which shall not be included in damages. The obligation the breach of which is penalized shall not terminate upon the payment of contractual penalty.
The Buyer agrees that the Seller is entitled to assign any of its claims towards the Buyer to a third party. The Business Person is entitled to assign any of the claims towards the Seller to a third party only after the Seller’s prior consent in writing.
The protection of personal data of the buyer, who is a natural person, is provided per applicable law. All policies and information on the processing of personal data are available in the valid version on the web interface of the store.
The buyer agrees to the processing of the following personal data: name and surname, address of residence, registered office or place of business, identification number, tax identification number, e-mail address, telephone number, and date of birth unless other necessary data is provided within the web interface to the activities of the seller (hereinafter collectively referred to as "personal data").
The buyer's consent to the handling of personal data is given through the web interface of the store.
The Buyer understands that he/she is obliged to enter correct and true personal data (when registering, in his/her User Account, when ordering goods within the Shop Web Interface) and without undue delay notify the Seller of any change in his/her personal data.
The Seller is eligible to authorize any third party to process the Buyer’s personal data. Apart from persons transporting the goods, the Buyer’s personal data shall not be provided to any third party without the Buyer’s prior consent.
Unless agreed otherwise, any correspondence in connection with the Purchase Agreement shall be delivered to the other contracting party in writing, in particular by e-mail, in person, or by registered mail through a provider of postal services (selected by the sender). The Seller shall send any correspondence to the Buyer to the email address specified in the Buyer’s User Account or Buyer’s Order.
If sent by e-mail, a message shall be deemed delivered upon receipt by the incoming mail server, unless returned to the Seller as undelivered or unless the sender is informed in any other manner that the message was not delivered; the integrity of messages sent by electronic mail may be secured by a certificate.
If delivered in person or through a provider of postal services, a message shall be deemed delivered upon receipt of the consignment by the addressee or as of the third business day after its sending; if any message is sent abroad, it shall be deemed delivered as of the fifteenth business day after its sending
By the Buyer’s registration on the Seller’s website or by sending an Order, the Buyer confirms that he/she has become acquainted with these Business Terms and with the Seller’s Delivery Terms and that he/she consents to them without reservation. The Purchase Agreement shall not be entered into without the Buyer’s consent to the Business and Delivery Terms.
If any provision of the Business Terms, Purchase Agreement, or any other agreement made between the Seller and the Buyer becomes or is found invalid or unenforceable, it shall not affect the validity and enforceability of any other provision of the Business Terms, Purchase Agreement, or any other agreement. In these cases, the contracting parties shall replace any invalid or unenforceable provision with a valid and enforceable one which will have to the highest extent possible the same legal meaning and effect as the purpose of the provision to be replaced.
Any provisions which include as an integral part of these Business Terms which imply that the contracting parties shall be bound by them after terminating the Agreement shall remain valid and effective. In particular, the provisions concerning contractual penalties, charges for demand notes, and storage fees, i.e. Seller’s claims for Buyer’s non-performance, shall explicitly remain valid and effective in the event of termination of the Agreement.
The Seller’s contact details, i.e. its delivery address: Zemědělské družstvo Haňovice, středisko Plasty Mladeč, Haňovice 18, 783 21, email address: info@plastymladec.cz and data box: 4wucwem.
Mladeč, 7th of December 2023
Zemědělské družstvo Haňovice
