Homepage

Bussines terms and contract cancelation

General Terms and Conditions of HAVEL COMPOSITES CZ s.r.o., 
ID No.: 259 07 379, registered office: Přáslavice - Svésedlice 67, postcode 783 54,
registered in the Commercial Register maintained with the Regional Court in Ostrava, Section C, Insert 26099,
to the Purchase Contract


1. INTRODUCTION
1.1    These Terms and Conditions (hereinafter referred to as “GTC” or “Terms and Conditions”) regulate, in accordance with Section 1751 of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter also referred to as “the Civil Code”), the mutual rights, obligations and relationships arising between the Contracting Parties on the basis of or in connection with the Purchase Contract, whereby the company HAVEL COMPOSITES CZ s.r.o., with its registered office at Přáslavice - Svésedlice 67, Postal Code 783 54, ID No: 25907379, registered in the Commercial Register maintained with the Regional Court in Ostrava, Section C, Insert 26099,  as the Seller (hereinafter referred to as the “Seller”), is on one side and the Buyer (hereinafter referred to as the “Buyer”) is on the other side.  The Buyer and the Seller are hereinafter jointly referred to as the “Contracting Parties” or “Parties” or each separately as a “Contracting Party” or “Party”.
1.2    The Buyer is a consumer or an entrepreneur.
1.3    Consumer is any person who, outside the scope of their business activity or outside the scope of independent exercise of their profession, concludes a contract with the Seller or otherwise deals therewith.
1.4    Entrepreneur is a person who independently carries out, on their own account and responsibility, a gainful activity by trade or similar means with the intention of doing so on a regular basis for profit. For the purposes of consumer protection, an entrepreneur includes, inter alia, any person who concludes contracts in connection with their own business, manufacturing or similar activity or in the independent exercise of their profession, or any person who acts in the name of or on behalf of an entrepreneur.
1.5    By placing an order as a proposal for the conclusion of a Purchase Contract or by concluding a Framework Purchase Contract, the Buyer confirms that they he/she has read and expressly agrees to these Terms and Conditions, as in force and effect at the time of sending the order or concluding the Framework Purchase Contract. The Buyer also agrees that the mutual relations between him/her and the Seller shall be governed by these GTC.
1.6    Divergent written provisions of the Contracting Parties in the Purchase Contract shall prevail over the provisions of these GTC.
1.7    The provisions of the GTC shall prevail over the dispositive provisions of generally binding regulations, in particular the Civil Code.
1.8    The wording of GTC may be modified or amended by the Seller. This provision is without prejudice to the rights and obligations arisen during the effective period of the previous version of the Terms and Conditions.


2. CONCLUSION OF THE PURCHASE CONTRACT
2.1    The Purchase Contract between the Seller and the Buyer is usually concluded by the Buyer making a proposal for the conclusion of a Purchase Contract addressed to the Seller (hereinafter referred to as “offer” or “order”) in one of the following ways:
2.1.1    in person or by representation at the Seller's registered office;
2.1.2    by electronic mail, whereby the moment of conclusion of the Purchase Contract shall be deemed to be the confirmation of the Buyer's order by the Seller in writing or by means of remote communication;
2.1.3    via the Seller's online shop (hereinafter referred to as “online shop”) available at the web address https://havel-composites.com/cs/kategorie. When placing an order, the Buyer is obliged to fill in the required data and tick the box on familiarisation and acceptance of these Terms and Conditions, otherwise the Buyer will not be allowed to place the order. In such a case, the moment of conclusion of the contract shall be deemed to be the confirmation of the Buyer's order by the Seller made in writing or by means of remote communication. Due to the very specific nature of the goods offered, it is not possible to provide precise information in advance about stock quantities, delivery time and price and the cost of packaging. For this reason, an order is sent by the Buyer via the “order binding payment” button, and the Purchase Contract will only be concluded upon confirmation of this order by the Seller in writing or by means of distance communication after agreement has been reached on all the details of the Purchase Contract;
2.1.4    by telephone, whereby the moment of conclusion of the Purchase Contract shall be deemed to be the moment when the Seller confirms the order orally by telephone; however, if the Buyer is a consumer, the Seller shall confirm the offer to the consumer in accordance with Section 1825(2) of the Civil Code, and the moment of conclusion of the Purchase Contract pursuant to Article 2.1.4 of the GTC shall be deemed to be the moment when the consumer expresses his/her consent to the offer electronically or by signing the confirmation of the offer on a document;  
2.1.5    by fax, whereby the moment of conclusion of the Purchase Contract shall be deemed to be the moment when the Seller confirms the order of goods by fax.
2.2    In these GTC, electronic mail, online shop, telephone and fax are collectively referred to as means of distance communication.
2.3    The Purchase Contract is concluded only after agreement has been reached on all its particulars. If the acceptance of the offer contains additions, reservations, limitations, deviations or other changes, this expression of intent shall constitute a rejection of the offer and a manifestation of a new offer. The Buyer's order may not refer to terms and conditions (e.g. Buyer's purchase terms, etc.) other than these GTC. The Buyer assumes the risk of change of circumstances in relation to rights and obligations arising under or in connection with the Purchase Contract. The contractual relationship between the Seller and the Buyer is established by delivering the acceptance of the order by the Seller to the Buyer.
2.4    By placing an order in any of the ways specified in Article 2.1 of these GTC, the Buyer confirms and accepts these GTC. By placing an order in the manner referred to in Article 2.1.2, 2.1.3, 2.1.4 or 2.1.5 of these GTC, the Buyer confirms that he/she agrees to a purchase contract concluded by distance communication means. The costs incurred by the Buyer when using the distance communication means in relation to concluding the Purchase Contract (internet connection costs, telephone calls costs) shall be borne by the Buyer on its own and these costs shall not differ from the standard rate.
2.5    The Buyer is aware that the purchase of goods from the Seller's assortment does not give him/her any rights to use registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific contract.
2.6    The Buyer is obliged to provide correct and truthful information in the order. The information provided by the Buyer when ordering the goods is considered as correct by the Seller.
2.7    The presentation of the goods located on the website interface of the online shop is of informative nature and the Seller is not obliged to conclude the Purchase Contract regarding these goods. Section 1732 (2) of the Civil Code shall not apply.
2.8    Prior to sending the order to the Seller within the online shop, the Buyer is provided with the possibility to check and change the information entered into the order by the Buyer, also with regard to the possibility of the Buyer to detect and correct the errors arisen when entering the data into the order. The Buyer sends the order within the online shop to the Seller by clicking on the “order binding payment” button. The information entered into the order are considered by the Seller as correct. The Seller shall immediately after receipt of the order via the online shop confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address indicated in the order.
2.9    Depending on the nature of the Order (quantity of the goods, the amount of the Purchase Price, anticipated costs for transportation), the Seller is always entitled to ask the Buyer to make an additional confirmation of the Order (for example by writing or by telephone).


3. PURCHASE PRICE
3.1    For the purposes of these GTC, the purchase price means the monetary amount that the Buyer is obliged to pay to the Seller for the handover of the goods and the transfer of ownership right to the goods.
3.2    The purchase price is determined:
3.2.1    unilaterally by the Seller for each type of goods as the price is stated in the Seller's price list; or
3.2.2    contractually, as the price agreed between the Seller and the Buyer, as set out in the Purchase Contract.
3.3    Unless otherwise stated, the purchase price stated in the Seller's price list or in the Purchase Contract is set as the price excluding VAT, and the Seller shall add VAT to the purchase price so stated at the statutory rate determined by the applicable legal regulation on the date of conclusion of the Purchase Contract.
3.4    The purchase price does not include the costs of transport, delivery of the goods, packaging, unless otherwise agreed. The costs associated with the packaging and delivery of the goods cannot be determined in advance and will be additionally charged by the Seller to the Buyer with regard to the number of packages, their dimensions and weights and the distance, if the goods will be shipped to the Buyer by the Seller. In the case of a choice of payment in cash at the carrier, the so-called “cash on delivery”, the “cash on delivery fee” will also be charged according to the carrier's price list. The Seller will inform the Buyer-Consumer of all such costs in advance (if the Seller will provide such services) and only after the Buyer-Consumer has agreed on such costs will the Purchase Contract be concluded.
3.5    The goods offered by the Seller in the context of concluding a purchase contract using means of distance communication are listed on the website https://havel-composites.com/cs/kategorie. Again, this is for information purposes only and the Seller is not obliged to conclude a Purchase Contract for the goods listed there at the price indicated.
3.6    The Seller's offer of goods is available at the Seller's registered office if the order is placed in person or by an agent.
3.7    The range of goods is continuously updated, together with the price list, which shows the current purchase prices of the goods.


4. PAYMENT TERMS
4.1    The Buyer is obliged to pay the purchase price for the goods according to the Purchase Contract in accordance with the Seller's price list or contractual arrangement between the Seller and the Buyer.
4.2    The invoice (tax document), on which the purchase price is also indicated, is sent to the Buyer to the address of his /her registered office, place of business or residence, or to the address which the Buyer explicitly indicates to the Seller as the delivery address, usually together with the goods. If the invoice (tax document) is not sent to the Buyer together with the ordered goods, it is because the Buyer has requested that the invoice (tax document) be sent to another address or by electronic means. The Buyer is obliged to notify the Seller immediately and demonstrably if the invoice (tax document) is not received. The invoice (tax document) shall be delivered to the Buyer upon receipt of the goods at the Seller's registered office in case of personal receipt of the goods at the Seller's registered office.
4.3    The purchase price for the goods is payable:
4.3.1    in the case of personal receipt of the goods at the Seller's registered office, on the date of personal receipt of the goods, unless a different due date for payment of the purchase price is agreed on the invoice (tax document) by agreement between the Seller and the Buyer,
4.3.2    in the case of transport of the goods by carrier, on the date of receipt of the goods from the carrier, unless a different due date for payment of the purchase price is agreed on the invoice (tax document) by agreement between the Seller and the Buyer,
4.3.3    if the Buyer so chooses, or if the Seller so determines in accordance with Article 4.6 of these GTC and notifies the Buyer, prior to shipment or prior to receipt of the goods by transfer to the Seller's bank account.
4.4    The Buyer is entitled to pay the purchase price to the Seller:
4.4.1    in cash at the Seller's registered office,
4.4.2    in cash upon delivery of the goods by the carrier to the carrier as a so-called cash on delivery,
4.4.3    by wire transfer to the bank account indicated on the invoice (tax document), in which case the payment of the purchase price shall be deemed to have been made on the date of crediting the purchase price to the Seller's bank account.
4.5    Ownership right to the goods shall pass to the Buyer only at the moment of full payment of the purchase price by the Buyer to the Seller, until which time the goods shall remain the exclusive property of the Seller. The risk of damage to the goods shall pass to the Buyer in the manner set out in Article 5.3 of these GTC.
4.6    The Seller is entitled, especially in the case of a higher value of the order, or in the case of a Buyer with whom the Seller has not yet dealt and no Purchase Contract has been concluded between them, to require payment of the purchase price in advance, i.e. before the goods are sent to the Buyer, or before the Buyer takes delivery of the goods. 


5. DELIVERY TERMS
5.1    The goods are delivered to the Buyer as follows:
5.1.1    by personal collection of the goods by the Buyer at the Seller's registered office; in the case of personal collection of the goods, only the Buyer or the Buyer's representative, who proves the Buyer's power of attorney or other authorisation to collect the goods in person, is entitled to collect the goods,
5.1.2    by sending the goods to the Buyer via a carrier who is in a contractual relationship with the Seller, both in the Czech Republic and in another country; the price of transport is governed by the carrier's price list effective on the date of transport of the goods,
5.1.3    by sending the goods to the Buyer via a carrier under a contractual agreement with the Buyer; the Buyer is obliged to notify the Seller at least 2 working days in advance of the date and time of collection of the goods, the specification of the carrier and the person authorised to take over the goods, otherwise the Seller is entitled to refuse to load the goods; the Buyer pays the transport price in full.
5.2    Delivery of the goods shall be deemed to have taken place when the goods are handed over to the first carrier for transport.
5.3    The risk of damage to the goods shall pass to the Buyer in the case of personal collection of the goods by the Buyer at the Seller's registered office at the moment of receipt of the goods by the Buyer or the Buyer's representative, and in the case of dispatch of the goods to the Buyer by a carrier at the moment of handing over the goods to the first carrier for transport of the goods to the Buyer.
5.4    If, after the conclusion of the Purchase Contract, circumstances of force majeure or other objective facts occur which prevent the Seller from delivering the goods to the Buyer on time, the Seller has the right to extend the delivery period or withdraw from the Purchase Contract accordingly. If the Seller proves that it could not have prevented the extension of the delivery time of the goods by the Buyer even with all due professional care, it is not liable for the damage that the Buyer incurs by this extension. For the purposes of these GTC, “force majeure” means an extraordinary, unforeseeable and insurmountable obstacle arising independently of the will of the Contracting Parties which has prevented one or both Contracting Parties from performing or receiving consideration, either temporarily or permanently. For the purposes of these GTC, such an obstacle shall include, in particular, natural disasters, incidents, accidents, terrorist attacks, wars, civil disturbances, insurrections or revolutions, strikes of a non-local nature, epidemics, pandemics, as well as generally binding acts of superior legal authority which substantially limit the Contracting Party's ability to perform and which have been adopted in connection with a force majeure within the meaning of these GTC. Events such as lockouts, delays in deliveries by suppliers, insolvency, shortages of labour or materials shall not be considered as force majeure events unless they are caused by force majeure events.
5.5    The goods shall be delivered to the Buyer together with the delivery note.
5.6    On collection of the goods, the Buyer shall confirm to the carrier on the delivery note the type and number of packaging units. If the Buyer discovers obvious differences or defects in the goods, e.g. in the type and number of goods stated on the delivery note, external damage or marking, he/she shall record the differences or defects on the delivery note, on which he/she shall also legibly indicate his/her name, date and stamp, if applicable, and confirm everything with his/her signature. The Buyer shall have this delivery note endorsed by the carrier. Later claims for defects in the goods (warranty claims) in the number of packaging and damaged units of goods shall be disregarded.
5.7    In the event that the Buyer refuses to accept the goods due to any obvious defects, he/she shall indicate this fact on the delivery note, which he/she shall return to the carrier together with the defective or incompletely delivered goods.
5.8    In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs related to the repeated delivery of the goods or costs related to the other delivery method.

6. DEFAULT OF THE CONTRACTING PARTIES, PENALTIES
6.1    In the event of delay by the Buyer in payment of the purchase price, the Seller is entitled to require the Buyer to pay contractual default interest of 0.15% of the purchase price for each day of delay until payment of the purchase price.


7.  WITHDRAWAL FROM THE PURCHASE CONTRACT
7.1    If a Party fundamentally breaches the Purchase Contract or if these GTC so provide, the other Party may withdraw from the Purchase Contract without undue delay. A fundamental breach means such a breach of an obligation of which the breaching party, at the conclusion of the Purchase Contract, knew or should have known that the other Party would not have concluded the Purchase Contract had it foreseen such a breach; in other cases, a breach is presumed not to be of a fundamental nature. For the avoidance of doubt, the following shall be deemed to be a fundamental breach of the Purchase Contract:
7.1.1    delay by the Buyer in payment of the purchase price for more than 10 days from the due date of the purchase price,
7.1.2    the Seller's delay in delivering the goods for more than 10 days from the agreed delivery date.
7.2    If the Buyer is a consumer and if the Purchase Contract is concluded by means of distance communication, the Buyer is entitled to withdraw from the Purchase Contract without giving any reason within 14 days from the date of collection of the goods, unless otherwise provided by the law. The withdrawal form for a Buyer who is a consumer is available on the website https://www.havel-composites.com/cs/stranky/terms. If the Buyer-Consumer withdraws from the Purchase Contract, he/she is obliged to return the goods to the Seller without undue delay or within 14 days of withdrawal from the Purchase Contract at the latest. If the Buyer-Consumer withdraws from the Purchase Contract, the Seller shall return to the Buyer-Consumer all the funds, including the costs of delivery of the goods, received from the Buyer-Consumer under the Purchase Contract, without undue delay or within 14 days of withdrawal from the Purchase Contract. The Seller expressly notifies the Buyer-Consumer that the costs associated with the return of the goods in the event of withdrawal from the Purchase Contract shall be borne in full by the Buyer-Consumer. If the consumer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the consumer before it receives the goods or before the consumer proves that he/she has sent the goods back, whichever is earlier. The Buyer-Consumer is liable for the reduction in the value of the goods as a result of handling these goods in a manner other than that which is necessary to become familiar with the nature and properties of the goods, including their functionality. The Buyer-Consumer may not withdraw from the contract under this Article and under Section 1837 of the Civil Code, inter alia, if:  1) the goods have been modified according to the consumer's wishes or for his/herself 2) the goods have been in a sealed package which the consumer has removed from the package and cannot be returned for hygienic reasons. The rights and obligations of the Seller and the Buyer-Consumer are further governed by the applicable provisions of the Civil Code.
7.3    Once the party entitled to withdraw from the Purchase Contract has notified the other party that it is withdrawing from the Purchase Contract or that the Purchase Contract shall be maintained, it can no longer change its choice.
7.4    Withdrawal from the Purchase Contract cancels the obligation from the outset and extinguishes the rights and obligations of the Parties to the extent of its effects.
7.5    The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the Buyer's claim for refund of the purchase price.


8. LIABILITY FOR DEFECTS, GUARANTEE
8.1    The rights and obligations of the Contracting Parties regarding the Seller's liability for defects in the goods are governed by the Civil Code and, if the Buyer is a consumer, then also by the applicable provisions of the Civil Code governing the rights and obligations of consumers and Act No. 634/1992 Sb., on Consumer Protection, as amended.
8.2    If the Buyer is a consumer, the Seller is liable to the Buyer that the goods are free from defects upon takeover. The Seller is in particular liable to the Buyer-Consumer that at the time the Buyer takes over the goods:
8.2.1    the goods have the properties the Contracting Parties have stipulated and in the absence of such stipulation, the properties which the Seller or the producer described or which the Buyer expected given the nature of the goods and the advertising presented thereby, 
8.2.2    the goods are suitable to be used for the purpose stated by the Seller or to which the goods of such kind are usually used; 
8.2.3    the goods quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model; 
8.2.4    the goods have corresponding quantity, measurement or weight and
8.2.5    the goods meet the requirements laid down by legal regulations.
8.3    If the Buyer is a consumer and the defect occurs within one year of takeover of the goods, the goods shall be deemed to have been defective upon takeover.
8.4    The Seller has obligations arising from the defective performance at least to the extent to which producer´s obligations arising from the defective performance exist. The Buyer is otherwise entitled to assert a right under the defect which occurs in consumer goods within two years of takeover, but this applies only if the Buyer is a consumer. If the period for which the goods may be used is specified on the sold goods, their packaging, the instruction manual attached to the goods or in advertising in accordance with other legal regulations, the provisions on quality guarantee shall apply. By the quality guarantee, the Seller undertakes that the goods will be fit for use for the usual purpose for a certain period or that it will retain the usual properties. If the Buyer lawfully claims the defect towards the Seller, the time limit for asserting the right from the defective performance or the guarantee period is suspended for the time during which the Buyer cannot use the defective goods.
8.5    The provisions set out in Article 8.4 of the GTC shall not apply to goods sold at a lower price due the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods. The Buyer is not entitled to the right arising from the defective performance if the Buyer knew before taking over the goods that the goods were defective or if the Buyer caused the defect.
8.6    The Buyer shall notify the Seller of the right he/she has chosen upon the notification of the defect or without undue delay thereafter. The Buyer may not change the choice made without the consent of the Seller; this shall not apply if the Buyer requested the repair of a defect which proves to be irreparable.
8.7    If the goods do not have the properties set out in Article 8.2 of the GTC, or if the goods have a defect, the Buyer who is a consumer may demand the removal of the defect. He/she may, at his/her choice, demand the delivery of a new item without defect or the repair of the item, unless the chosen method of remedying the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular in the light of the significance of the defect, the value the item would have had without the defect and whether the defect can be remedied by the other method without significant difficulty for the Buyer.  However, if the defect relates only to a part of the goods, the Buyer may only require the part to be replaced; if that is not possible, he/she may withdraw from the Contract. If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the Buyer has the right to have the defect removed gratuitously. Even where the defect is removable, the Buyer is entitled to have new goods supplied or the component part replaced if he/she cannot use the goods properly due to the repeated occurrence of the defect after the repair or due to a larger number of defects. In this case, the Buyer shall also have the right to withdraw from the Contract. If The Buyer fails to withdraw from the Contract or assert his/her right to have new defect-free goods supplied, their component part replaced or the goods repaired, he/she may require a reasonable price reduction. The Buyer also has the right to a reasonable price reduction where the Seller cannot supply to him/her new defect-free goods, replace their component part or repair the goods, as well as where the Seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Buyer.
8.8    The Buyer may assert the right from a defective performance in court if he/she claimed the defect towards the Seller without undue delay after he/she had the opportunity to inspect the goods and discover the defect, either by identifying he defect or by notifying the   manner in which it manifests itself. A defect may be claimed within six months from the takeover of the goods at the latest.
8.9    A person having the right under Section 1923 of the Civil Code is also entitled to reimbursement of the costs reasonably incurred in asserting this right. However, if he/she fails to assert the right to compensation within one month after the time limit for claiming the defect has expired, the court shall not grant that right if the Seller invokes late assertion of the right to compensation.
8.10    The Buyer must claim a defect covered under a guarantee towards the Seller without undue delay after he had the opportunity to inspect the goods and discover the defect, but no later than within the time limit for making a claim defined by the guarantee period. This is without prejudice to Article 8.3 of the GTC.
8.11    Any defects in the goods shall be asserted by the Buyer, who is not a consumer, exclusively in writing to the Seller without undue delay as soon as he/she becomes aware of the defect in the goods.
8.12     Except in cases where according to Section 2172 of the Civil Code another person is intended to carry out the repair, the Seller is obliged to accept the warranty claim at any business establishment in which acceptance of the warranty claim is possible with respect to the assortment of products or services to be sold or the Seller's registered office. A worker authorized to settle the claims must be present in the establishment at all times during business hours. The Seller must issue the consumer with a written confirmation when the warranty claim is asserted stating the date on which the consumer asserted the claim what the content of the claim is, the method of settling the claim requested by the consumer and the consumer's contact details for the purpose of providing information on settling the claim. This obligation applies also to the other persons designated to carry out the repair. If the Buyer is a consumer, the warranty claim including the rectification of the defect must be settled and the consumer must be informed of this within 30 days of the date of the claim, unless the Seller and the consumer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the warranty claim must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the consumer requested it; after the expiry of the 30-day period, or a longer period if agreed between the Seller and the consumer, the consumer may withdraw from the contract or claim a reasonable discount. The Seller is also obliged to issue a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the claim; this obligation also applies to other persons designated to carry out the repair.
8.13    In the case of goods sold for a lower purchase price, the Seller shall not be liable for the defect for which the lower purchase price was agreed.
8.14    Goods with damaged packaging must be returned immediately after the packaging defect has been detected upon delivery of the goods. When handing over the claimed goods to the carrier, the Buyer is obliged to have the delivery note confirmed by the carrier.
8.15    The rights of the Buyer who is not a consumer arising from the Seller's liability for defects, including the Seller's warranty liability, shall be asserted by the Buyer who is not a consumer in writing to the Seller at the Seller's registered office. 
8.16    The goods complained of must be properly packaged and must not have been contaminated or the original packaging damaged, taking into account the nature and type of the claim; however, this does not apply if the Buyer is a consumer. 
8.17    Other rights and obligations of the Seller and the Buyer relating to the Seller's liability for defects and the related rights and obligations of the Seller, and the Buyer may be regulated by the Seller's Claims Regulations.


9. PROCESSING DATA OF THE BUYER
9.1    The Buyer's personal data are processed in accordance with the Seller's Privacy Policy available athttps://havel-composites.com/cs/domu/gdpr.


10. OTHER CONTRACTUAL ARRANGEMENTS
10.1    Without the prior express written consent of the Seller, the Buyer shall not be entitled to assign (including a security assignment of a claim or right) or pledge his/her claims against the Seller or assign the Purchase Contract or any part thereof or the rights and obligations arising therefrom.
10.2    The Contracting Parties mutually undertake to address their legal acts to the address of the residence/registered office specified in the header of the Purchase Contract (hereinafter also referred to as the “contact address”), or to the electronic data mail box of the other Contracting Party, if this method of delivery is possible. The Contracting Parties are obliged to ensure that documents can be delivered at the contact address indicated by them, in particular by ensuring that registered letters are accepted at the contact address, by placing a mailbox at the contact address and by labelling the mailbox at the contact address with their name and surname or business name. In the event of a change of contact address, the Contracting Parties undertake to inform the other Contracting Party in writing without delay of such change of contact address. The Contracting Parties acknowledge that a breach of the obligation to ensure that documents can be delivered to the contact address indicated by them or a breach of the obligation to inform the other Contracting Party of a change of contact address may result in the failure to receive a legal act from the other Contracting Party. In such a case, the legal act shall be deemed to have been duly received by the other Party. In the event of refusal to accept a registered letter, the document shall be deemed to have been delivered on the date on which the Seller or the Buyer refused to accept it. If the addressee prevents the receipt of a document sent by the sender by registered mail by failing to take delivery of the document within a storage period of at least fifteen days, the document shall be deemed to have been delivered to the addressee on the expiry of the last day of the storage period. If the addressee prevents the receipt of a document sent by the sender by registered mail by refusing to accept it, the document shall be deemed to have been delivered on the day on which the addressee refuses to accept it. If the addressee prevents the delivery of a document sent by the sender by registered mail otherwise than as stated above (e.g. by failing to label the mailbox with his/her name and surname or business name, or if the mailbox is not located at the addressee's address specified in the header of this Contract, the document shall be deemed to have been duly delivered on the date of its return to the sender. Documents sent by email or by electronic data mail box shall be deemed to have been delivered no later than the tenth day after they were sent. The Contracting Parties intend to respect this arrangement without reservation and do not wish the court to review it, since it is necessary for them, in order to protect their rights, that delivery, including the means of substituted delivery, should be regulated by them in such a way as to satisfy them, taking into account their free will, which they do not wish to substitute for the superiority of the judicial power. Furthermore, the Contracting Parties declare that, if the courts consider the legal presumptions and fictions agreed upon to be invalid in certain cases, the Contracting Parties nevertheless expressly insist on and undertake to comply with the agreement on alternative forms of delivery of documents on this point in its entirety.
10.3    By concluding the Purchase Contract, the Buyer assumes the risk of change in circumstances. Before entering into the Purchase Contract, the Contracting Parties have fully considered the economic and factual situation and are fully aware of the circumstances of the Purchase Contract as well as the circumstances that may arise after the conclusion of the Purchase Contract. The Purchase Contract cannot be modified in any part by a court decision.
10.4    The contractual penalty arrangements do not affect the Seller's right to claim damages from the Buyer in an unreduced amount.
10.5    Payment of the contractual penalty by the Buyer does not affect the performance of the Buyer's original obligation, the Buyer is still obliged to continue to perform the original obligation.
10.6    Before concluding the Contract, the Contracting Parties communicated to each other all the facts and legal circumstances of which they knew or ought to have known at the time of conclusion of the Contract and which are relevant to the conclusion of the Contract. Apart from the assurances given by the Contracting Parties in the Contract, neither Party shall have any further rights or obligations in respect of any facts which come to light and which were not disclosed by the other Party in the negotiation of the Contract. Cases where a Contracting Party has deliberately misled the other Contracting Party as to the facts regarding the subject matter of the Contract will be an exception.
10.7    The Contracting Parties do not wish, beyond the express provisions of the Contract or the GTC, any rights and obligations to be inferred from past or future practice established between the Contracting Parties or customary practices generally or in the industry relating to the subject matter of this Contract, unless otherwise expressly agreed in the Contract. In addition to the foregoing, the Contracting Parties acknowledge that they are not aware of any business custom or practice heretofore established between them. If either Contracting Party overlooks or disregards any default, breach, delay or failure to perform any obligation under the Contract, such action shall not constitute a waiver of the right to perform such obligation and no waiver shall be deemed effective unless expressed in writing in each case.
10.8    In accordance with Section 4 of the Civil Code, whereby every person of ordinary capacity is presumed to have the common sense of an average person and the ability to use it with ordinary care and prudence, and that everyone may reasonably expect this thereof in the course of legal relationships, the Contracting Parties have considered the contents of the Contract, including the GTC, and do not find them to be contradictory, as they confirm by their signature on the Contract. The Contract was concluded on the basis of their true and free will after careful consideration of all the circumstances and mutual explanation of its contents.
10.9    Within the meaning of Section 1753 of the Civil Code, by placing an order, the Buyer declares that all the provisions of these GTC are reasonable and could reasonably be expected.
10.10    The Buyer has the right to an out-of-court settlement of a consumer dispute. The Czech Trade Inspection Authority (https://www.coi.cz/informace-o-adr/) is the subject of out-of-court settlement of consumer disputes.


11. CHOICE OF LAW, JURISDICTION
11.1    If the Buyer is a person who has its registered office, place of business or residence in another state, the Parties agree that the contractual relationship between them shall be governed by the applicable and effective law of the Czech Republic. In such a case, the law of the Czech Republic shall also govern all other legal relations arising from the Purchase Contract.
11.2    The Parties agree that the courts of the Czech Republic shall have jurisdiction to settle disputes. If the Buyer is an entrepreneur and the Purchase Contract is concluded in the course of the Parties' business activities, the Parties agree that the court of first instance with territorial jurisdiction is the court in the district of which the Seller has the registered office, unless a special law provides for exclusive jurisdiction in a given case.


12. FINAL PROVISIONS
12.1    Legal relations between the Contracting Parties not expressly regulated by the Purchase Contract and these GTC are governed by the applicable legal regulations of the Czech Republic, in particular the Civil Code.
12.2    In the event that any provision of these GTC or this Contract s or hereafter becomes invalid, ineffective or unenforceable, or is found to be so by a competent authority, the remaining provisions of the GTC or this Contract shall remain in force and effect, unless the nature of such provision or its contents or the circumstances under which it was concluded show that it cannot be severed from the rest of these GTC or the Contract. The Contracting Parties undertake to replace any invalid, ineffective or unenforceable provision of these GTC or the Contract with another provision which corresponds in content and intent most closely to the original provision and to the GTC or the Contract as a whole.
12.3    The GTC and the purchase contracts concluded on the basis thereof shall contain a complete statement of the subject matter of the contract and of all the particulars which the Contracting Parties were supposed to and intended to stipulate in the contract and which are regarded by them as significant for the contract to be binding. No expression of the Contracting Parties made during the negotiation of the Contract, or any expression made after the conclusion of the Contract may be construed in violation of the express provisions of this Contract and the GTC and shall not constitute any obligation to the Contracting Parties.


13. THE VALIDITY AND EFFECTIVENESS OF THE TERMS AND CONDITIONS
13.1    These GTC are valid and effective from 1 January 2024 until an updated version of the GTC is issued.  
13.2    The current version of the GTC is available on the Seller's website https://havel-composites.com/cs/stranky/terms.


Form for withdrawal from the Purchase Contract concluded between the business company HAVEL COMPOSITES CZ s.r.o. and the Buyer - Consumer

Notice of withdrawal from the Contract

Business company
HAVEL COMPOSITES CZ s.r.o.
Svésedlice 67, 783 54 Přáslavice
ID No. 25907379
Telephone: +420 585 129 011
Email:     info@havel-composites.com

I hereby give notice that I withdraw from the Purchase Contract of the goods listed below, which I ordered on the online shop on your website https://www.havel-composites.com/cs/kategorie under the order No. ______ for the purchase price in the amount of CZK _________, postal fee and packaging in the amount of CZK  ______. I ordered the following goods:

1.    ……………………………………………………………………………………
2.    ……………………………………………………………………………………
3.    ……………………………………………………………………………………
4.    ……………………………………………………………………………………
5.    ……………………………………………………………………………………
6.    ……………………………………………………………………………………
7.    ……………………………………………………………………………………
8.    ……………………………………………………………………………………
9.    ……………………………………………………………………………………
10.    ……………………………………………………………………………………


Date of ordering the goods:            ____________________

Date of receiving the goods:        ____________________

Name and surname of the consumer:    ____________________
                        
Address of the consumer             ____________________

Pursuant to Section 1829(1) in conjunction with Section 1818 of Act No. 89/2012 Sb., the Civil Code, as amended, I exercise my legal right and withdraw from the Purchase Contract concluded via the Internet concerning the above goods,  which I am sending back to you with this letter, and at the same time I ask you to remit the purchase price in the amount of CZK ______ and CZK ______ for postal fee and packaging to my bank account number __________/______  within 14 days of delivery of this withdrawal.

Date:                    ____________________

Signature of the consumer(s):    ____________________

Appendices: - proof of purchase

Note: fill in the missing information on the form