Bussines terms and contract cancelation
General business conditions of the business company HAVEL COMPOSITES CZ s.r.o.,
IČ: 259 07 379, with registered office: Přáslavice - Svésedlice 67, postal code 783 54,
entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 26099
to the purchase contract
1. INTRODUCTORY PROVISIONS
1.1 These business conditions (hereinafter referred to as “OP” or “business conditions”) are regulated in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter also referred to as the “Civil Code”), mutual rights, obligations and relations arising between the parties on the basis of the purchase contract or in connection with it, on the one hand stands the business company HAVEL COMPOSITES CZ sro, with its registered office in Přáslavice - Svésedlice 67, postal code 783 54, IČ: 25907379, registered in the Commercial Register led by the Regional Court in Ostrava, Section C, Insert 26099, as the seller, (hereinafter referred to as the “seller”) and, on the other hand, the buyer (hereinafter referred to as the “buyer”). Buyers and sellers are collectively referred to as the "Parties" or the "Parties" or each separately as the "Parties" or the "Party".
1.2 The buyer is a consumer or entrepreneur.
1.3 A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a purchase contract with the seller or otherwise deals with the seller.
1.4 An entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility in a trade license or similar manner with the intention of doing so systematically for the purpose of making a profit. For the purposes of consumer protection, any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of an entrepreneur, is also considered an entrepreneur.
1.5 By making an order as a proposal to conclude a purchase contract, or by concluding a framework purchase contract, the Buyer confirms that he has read these OPs and that he expressly agrees with them, as valid and effective at the time of sending the order or concluding a framework purchase contract. . At the same time, the buyer agrees that the mutual relations between him and the seller will be governed by these OPs.
1.6 Deviating written agreements of the contracting parties in the purchase contract take precedence over the provisions of these OPs.
1.7 The provisions of the OP take precedence over the dispositive provisions of generally binding regulations, especially the Civil Code.
1.8 The wording of the OP may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1 The purchase contract between the seller and the buyer is usually concluded by the buyer making a proposal for the conclusion of the purchase contract addressed to the seller (hereinafter "offer" or "order") in one of the following ways:
2.1.1 in person or on behalf of the Seller's registered office;
2.1.2 by e-mail, the moment of concluding the purchase contract is considered to be the confirmation of the buyer's order by the seller made in writing or by means of distance communication;
2.1.3 via the seller's internet shop (hereinafter referred to as the "e-shop") available at the web address https://havel-composites.com/cs/kategorie. When ordering, the buyer is obliged to fill in the required data and tick the box to get acquainted with and approve these OP, otherwise he will not be allowed to place the order. In such a case, the moment of concluding the contract is considered to be the confirmation of the buyer's order by the seller made in writing or by means of distance communication;
2.1.4 by telephone, the moment of concluding the purchase contract is considered to be the moment when the seller confirms the order of goods orally by telephone;
the seller will confirm the offer made over the phone to the consumer in text form without undue delay, while the consumer is bound by the offer only after he has expressed his consent electronically or by signing the confirmation of the offer on the deed.
2.2 Electronic mail, e-shop and telephone are collectively referred to in these OPs as means of distance communication.
2.3 The purchase contract is concluded only after reaching agreement on all its requirements. If the acceptance of the offer contains additions, reservations, restrictions, deviations or other changes, this expression of will is a rejection of the offer and an expression of a new offer. The buyer's order may not refer to other business conditions (eg purchase conditions of the buyer, etc.) than these OP. The buyer assumes the risk of a change in circumstances in connection with the rights and obligations arising from or in connection with the purchase contract. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance) of the seller to the buyer.
2.4 By placing an order in any of the ways specified in Article 2.1 of these OPs, the Buyer confirms and accepts these OPs. By placing an order in the manner specified in Article 2.1.2, 2.1.3, 2.1.4 or 2.1.5 of these OPs, the Buyer confirms that he agrees to the conclusion of a distance purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
2.5 The Buyer is aware that the purchase of goods from the Seller's range does not give him any rights to use the registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific case by a special contract.
2.6 The buyer is obliged to state correct and true data in the order. The data provided by the buyer when ordering goods are considered correct by the seller.
2.7 All presentation of goods placed in the web interface of the e-shop is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
2.8 Before sending the order to the seller within the e-shop, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. The buyer sends the order within the e-shop to the seller by clicking on the "send order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order via the e-shop, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the order.
2.9 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3. PURCHASE PRICE
3.1 For the purposes of these OP, the purchase price means the monetary amount which the buyer is obliged to pay to the seller for the handover of the goods and the transfer of ownership of it.
3.2 The purchase price is determined:
3.2.1 unilaterally by the seller for individual types of goods, as the price is stated in the price list of the seller, or
3.2.2 contractually as the price agreed between the seller and the buyer, as stated in the purchase contract.
3.3 Unless stated otherwise, the purchase price stated in the seller's price list or purchase contract is determined as the price without VAT, and the seller adds VAT to the purchase price in the statutory amount determined by applicable law on the date of conclusion of the purchase contract.
3.4 The purchase price does not include the cost of transport, delivery of goods, packaging, unless otherwise agreed. The costs associated with the packaging and delivery of goods cannot be determined in advance, and these will be additionally charged by the seller to the buyer with regard to the number of packages, their dimensions and weights and distance if the goods are sent to the buyer by the seller. In the case of withdrawing a cash payment from a carrier, so-called "cash on delivery", "cash on delivery" will also be charged according to the carrier's price list. The seller will notify the buyer - consumer of all these costs in advance (if these services will be provided by the seller) and only after the approval of these costs by the buyer - consumer will the purchase contract be concluded.
3.5 The goods that the seller offers as part of concluding a purchase contract using means of distance communication are listed on the website https://havel-composites.com/cs/kategorie. Even in this case, it is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding the goods listed there for the stated price.
3.6 The offer of the seller's goods is, in case of placing the order in person or on behalf of the seller's registered office, available at the seller's registered office.
3.7 The assortment of goods is continuously updated, together with it the price list is continuously updated, in which the current purchase prices of the goods are stated.
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 price list of the seller, respectively. contractual agreement of the seller and the buyer.
4.2 The invoice (tax document), on which the purchase price is also stated, is sent to the buyer to the address of his registered office, place of business or residence, or to the address which, as the delivery buyer, explicitly states to the seller, usually together with the goods. If the invoice (tax document) is not sent to the buyer together with the ordered goods, then due to the fact that the buyer has requested that the invoice (tax document) be sent to another address or electronically. The buyer is obliged to demonstrably and immediately notify the seller of any non-receipt of the invoice (tax document). In the case of personal acceptance of the goods at the seller's registered office, the invoice (tax document) is delivered to the buyer upon 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 acceptance of the goods at the seller's registered office on the day of personal acceptance of the goods, if no other due date of the purchase price is agreed on the invoice (tax document), based on an agreement between the seller and the buyer,
4.3.2 in the case of transport of goods by the carrier on the day of receipt of the goods from the carrier, unless otherwise stated on the invoice (tax document), based on an agreement between the seller and the buyer, a different due date
4.3.3 in the event that the Buyer so chooses, or in the event that the Seller determines this in accordance with the provisions of Article 4.7 of these OP and informs the Buyer, before sending or taking over 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 goods by the carrier to this carrier as a so-called cash on delivery,
4.4.3 by non-cash transfer to the bank account specified on the invoice (tax document), in which case the payment of the purchase price is considered to have taken place on the day the purchase price is credited to the bank account of the seller.
4.5 Ownership of the goods passes to the buyer at the time of full payment of the purchase price by the buyer to the seller, until then the goods remain the sole property of the seller. The risk of damage to the goods passes to the buyer in accordance with Article 5.3 of these OP.
4.6 Pursuant to Act No. 112/2016 Coll., On the registration of sales, as amended, the seller is obliged to issue a receipt to the buyer paying the purchase price in cash. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
4.7 The seller is entitled, especially in the case of a higher order value, or in the case of a buyer with whom the seller has not yet negotiated and no purchase agreement has been concluded between them, to demand payment of the purchase price in advance, ie before sending the goods to the buyer or before taking over the goods.
5. DELIVERY CONDITIONS
5.1 The goods are delivered to the buyer as follows:
5.1.1 personal collection of goods by the buyer at the registered office of the seller; in the case of personal collection of goods, the goods are entitled to pick up only the buyer or the buyer's representative, who proves by power of attorney or other authorization of the buyer for personal collection of goods,
5.1.2 by sending the goods to the buyer through a carrier who is in a contractual relationship with the seller, both in the Czech Republic and in another state; the price of transport is governed by the price list of the carrier effective on the day of transport of goods,
5.1.3 by sending the goods to the buyer through the carrier, on the basis of a contract with the buyer; the buyer is obliged to notify the seller at least 2 working days in advance of the date of collection and time of the goods, the specifications of the carrier and the person authorized to take over the goods, otherwise the seller is entitled to refuse loading the goods; the price of transport is paid in full by the buyer.
5.2 The delivery of the goods is considered to be the moment of handing over the goods to the first carrier for transport.
5.3 The risk of damage to the goods passes to the buyer in case of personal collection of goods by the buyer at the seller's place at the time of receipt of goods by the buyer or the buyer's representative, and in case of sending the goods to the buyer through the carrier at the time of delivery to the first carrier.
5.4 If, after the conclusion of the purchase contract, circumstances of a force majeure nature or other objective facts occur which prevent the seller from delivering the goods to the buyer in time, the seller has the right to reasonably extend the delivery period or withdraw from the purchase contract. If the seller proves that he could not prevent the extension of the delivery time of the goods by the buyer, even with all due diligence, he is not liable for the damage caused to the buyer by this extension. "Force majeure" for the purposes of these OPs means an extraordinary, unpredictable and insurmountable obstacle created independently of the will of the contracting parties, which temporarily or permanently prevented one or both contractors from fulfilling or consideration. For the purposes of these OPs, such obstacles are considered to be natural disasters, accidents, accidents, terrorist attacks, wars, civil unrest, uprisings or revolutions, non-local strikes, epidemics, pandemics and generally binding sovereign acts that fundamentally limit the possibility of compliance contracting parties and which have been accepted in connection with force majeure within the meaning of these OPs. Events such as lockout, delays in the delivery of suppliers, insolvency, lack of manpower or material are not considered to be force majeure events, unless they are caused by force majeure events.
5.5 The goods are delivered to the buyer together with the delivery note.
5.6 Upon receipt of the goods, the buyer shall confirm to the carrier on the delivery note the type and number of packaging units. If the buyer finds obvious differences or defects of the goods, eg in the type and number of goods stated on the delivery note, external damage or marking, he records the detected differences or defects on the delivery note, which also clearly states his name, date or stamp and confirms everything with his signature. The buyer will have this delivery note confirmed by the carrier. Subsequent claims for defects in the goods (claims) in the number of packaging and damaged units of goods will not be taken into account.
5.7 In the event that the buyer refuses to take over the goods due to any of the obvious defects, he shall state this fact on the delivery note, which he will return to the carrier with defective or incompletely delivered goods.
5.8 In the event that for 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 associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6. DELAY OF CONTRACTING PARTIES, SANCTIONS
6.1 In the event of the Buyer's delay in paying the purchase price, the Seller is entitled to demand from the Buyer the payment of contractual interest on arrears in the amount of 0.15% of the purchase price for each day of delay until payment of the purchase price.
7. WITHDRAWAL FROM THE PURCHASE AGREEMENT
7.1 If a party breaches the purchase contract in a material way or if these OPs so provide, the other party may withdraw from the purchase contract without undue delay. Substantial breach of duty is significant of which the party in breach of the purchase contract already knew or should have known at the time of concluding the purchase contract that the other party would not have entered into the purchase contract if it had foreseen such breach; in other cases, the breach is considered not to be material. For the avoidance of doubt, the following shall be deemed to be a material breach of the purchase agreement:
7.1.1 the buyer's delay in paying the purchase price by more than 10 days from the due date of the purchase price,
7.1.2 delay of the seller with the delivery of goods by more than 10 days from the agreed date of delivery of goods.
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 a reason within 14 days from the date of receipt of the goods. The form for the withdrawal of the buyer from the purchase contract, which is a consumer, is available at https://www.havel-composites.com/cs/stranky/terms. If the buyer-consumer withdraws from the purchase contract, he is obliged to return the goods to the seller without undue delay or no later than 14 days from the withdrawal from the purchase contract. If the buyer-consumer withdraws from the purchase contract, the seller will return all funds, including the cost of delivery of goods received from the buyer-consumer under the purchase contract, without undue delay or no later than 14 days after withdrawal from the purchase contract. The seller expressly warns the buyer-consumer that the costs associated with the return of goods in the event of withdrawal from the purchase contract are borne in full by the buyer-consumer. The buyer-consumer is responsible for the reduction in the value of the goods as a result of handling the goods in a manner other than that which is necessary to become acquainted with the nature and properties of the goods, including its functionality. The buyer-consumer may not withdraw from the contract under this article, inter alia, if: 1) the goods were modified according to the consumer's wishes or for his person, 2) the goods were in a closed package, which the consumer removed from the package and for hygienic reasons cannot return.
7.3 As soon as the party entitled to withdraw from the purchase contract notifies the other party exclusively in writing that he is withdrawing from the purchase contract or that he remains on the purchase contract, he cannot change the choice himself.
7.4 Withdrawal from the purchase contract terminates the obligation from the beginning and the rights and obligations of the parties expire to the extent of its effects.
7.5 The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
8. DEFECT LIABILITY, WARRANTY
8.1 The rights and obligations of the contracting parties regarding the seller's liability for defects in goods are governed by the Civil Code and if the buyer is a consumer, then also Act No. 634/1992 Coll., On consumer protection, as amended.
8.2 The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
8.2.1 the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they make;
8.2.2 the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used;
8.2.3 the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model;
The goods are in the appropriate quantity, measure or weight; and
8.2.5 the goods comply with the requirements of legal regulations.
8.3 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
8.4 The Seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. If, in accordance with other legislation, the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
8.5 The provisions of Article 8.4 of the OP shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the goods have a defect, or if the buyer caused the defect himself.
8.6 The Buyer shall inform the Seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice made without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable.
8.7 If the goods do not have the properties specified in Article 8.2 of the OP, the buyer may also demand the delivery of new goods without defects, if this is not disproportionate due to the nature of the defect. However, if the defect concerns only a part of the goods, the buyer can only request the replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.
8.8 The buyer may exercise the right of defective performance in court if he blames the seller for the defect without undue delay after he had the opportunity to inspect the goods and find out the defect, either by marking the defect or notifying how it manifests itself. The defect can be alleged no later than 12 months from the date of receipt of the goods.
8.9 Whoever has the right according to § 1923 of the Civil Code, is also entitled to reimbursement of costs expediently incurred in the exercise of this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be alleged, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.
8.10 The buyer must blame the seller for the defect covered by the warranty without undue delay after he has had the opportunity to inspect the goods and find out the defect, but no later than within the complaint period determined by the length of the warranty period. This does not affect Article 8.3 of the OP.
8.11 The buyer-entrepreneur is obliged to claim all defects of the goods from the seller without undue delay, as soon as he learns about the defect of the goods, exclusively in writing.
8.12 The seller decides on the complaint of the buyer-consumer without undue delay, in complex cases within three working days. This period does not include the time appropriate to the type of goods needed for a professional assessment of the defect. The buyer's consumer complaint, including the elimination of the defect, must be settled without undue delay, no later than thirty days from the date of the complaint, unless the seller agrees with the buyer-consumer on a longer period. Vain expiration of this period is considered a material breach of contract.
8.13 For goods sold at a lower purchase price, the seller is not liable for a defect for which a lower purchase price has been agreed.
8.14 Goods with damaged packaging must be returned immediately upon discovery of a packaging defect 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-entrepreneur arising from the seller's liability for defects, including the seller's warranty liability, are exercised by the buyer-entrepreneur in writing to the seller at the address of the seller's registered office.
8.16 The claimed goods must be properly packaged, there must be no contamination or damage to the original packaging, with regard to the nature and type of complaint.
8.17 Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
9. PROCESSING OF BUYER DATA
10. OTHER CONTRACTUAL ARRANGEMENTS
10.1 Without the prior express written consent of the Seller, the Buyer is not entitled to assign (including a security assignment of a receivable or right) or pledge its receivables from the Seller, or assign the purchase contract or part thereof or rights and obligations arising therefrom.
10.2 If the addressee fails to receive a document sent by the sender by registered mail by not accepting the document within the storage period of at least fifteen days, the document is delivered to the addressee on the last day of the storage period. If the addressee fails to receive a document sent by the sender in the form of a registered item by refusing to accept it, the document is delivered on the day when the addressee refused to accept it. If the addressee fails to receive a document sent by the sender by registered mail other than the above (eg by not marking the mailbox with his name and surname or business name, or the mailbox at the addressee's address in the header of this contract will not be located at all) , the document is duly delivered on the day of its return to the sender. The parties wish to respect this arrangement without reservation, in particular they do not want the possible invalidity of this arrangement to be assessed by a court, as it is necessary for them to adjust service, including the methods of alternative service, to suit their free consideration. a will they do not wish to replace with a superior judgment of the judiciary. In addition, the parties declare that if the courts in some cases consider the agreed legal presumptions and fiction to be invalid, the parties nevertheless expressly insist on an alternative form of service of the documents referred to in this point in full and undertake to abide by this arrangement.
10.3 By concluding a purchase contract, the buyer assumes the risk of a change in circumstances. Before concluding the purchase contract, the parties have fully considered the economic, 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 changed by a court decision in any part of it.
10.4 Contractual penalty agreements do not affect the seller's right to demand compensation from the buyer for the damage caused in the unreduced amount.
10.5 Payment of the contractual penalty by the buyer does not affect the fulfillment of the original obligation of the buyer, on the contrary, he is still obliged to continue to fulfill the original obligation.
10.6 Prior to concluding the contract, the contracting parties have communicated to each other all factual and legal circumstances of which they knew or should have known at the time of concluding the contract and which are relevant in relation to the conclusion of the contract. Apart from the assurances given by the parties in the contract, neither party will have any other rights and obligations in relation to any facts that come to light and about which the other party did not provide information during the negotiation of the contract. Exceptions will be cases where the contracting party has intentionally misled the other contracting party with regard to the subject matter of the contract.
10.7 The contracting parties do not wish, beyond the express provisions of the contract or OP, any rights and obligations to be derived from past or future practice established between the contracting parties or customs maintained in general or in the industry relating to the subject of performance of the contract, unless expressly agreed otherwise in the contract. In addition to the above, the parties confirm that they are not aware of any business practices or practices that have been established between them so far. If either party fails or fails to comply with any breach, breach, delay or failure to comply with any obligation under the contract, such conduct shall not constitute a waiver of its right to perform such obligation and no waiver shall be deemed effective unless written in each individual case. .
10.8 In accordance with the provisions of § 4 of the Civil Code, where it is considered that every independent person has the mind of the average person and the ability to use it with ordinary care and caution, and that everyone can reasonably expect it in legal relations, the parties have assessed the content of the contract, including the OP, and do not find it contradictory, which they confirm by signing the contract. The contract was concluded on the basis of their true and free will after careful consideration of all circumstances and mutual explanation of its content.
10.9 In the sense of § 1753 NOZ, the Buyer declares by placing an order that all provisions of these OP are reasonable and could reasonably have been expected.
10.10 The buyer has the right to out-of-court settlement of a consumer dispute. The subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority (https://www.coi.cz/informace-o-adr/).
11. CHOICE OF LAW, JURISDICTION OF THE COURT
11.1 If the buyer is a person who has a registered office, place of business or residence in the territory of another state, the parties agree that the contractual relationship between them is governed by the valid and effective law of the Czech Republic. In such a case, the legal order of the Czech Republic also governs all other legal relations arising from the purchase contract.
11.2 The parties agree that the courts in the Czech Republic have jurisdiction to decide disputes. If the buyer is an entrepreneur and the purchase contract is concluded within the business activities of the parties, the parties agree that the locally competent court of first instance is the court in whose district the seller is domiciled, unless a special law in this case provides exclusive jurisdiction.
12. FINAL PROVISIONS
12.1 Legal relations between the contracting parties not expressly regulated by the purchase contract and these OPs are governed by the valid legal regulations of the Czech Republic, in particular the Civil Code.
12.2 In the event that any provision of the OP or contract is or becomes invalid, ineffective or unenforceable in the future or if it is found by such a competent authority, the other provisions of the OP or contract remain valid and effective, if due to the nature of such provision or it does not follow from the circumstances in which it was concluded that they cannot be separated from the other content of the OP or the contract. The contracting parties undertake to replace the invalid, ineffective or unenforceable provision of the OP or the contract with another provision which, in its content and meaning, best corresponds to the original provision and the OP or the contract as a whole.
12.3 The OP and the purchase contracts concluded on the basis of them contain a complete agreement on the subject of the contract and all the requisites which the contracting parties had and wanted to agree in the contract and which they consider important for the binding nature of the contract. No statement made by the contracting parties during the negotiation of the contract or a statement made after the conclusion of the contract may be interpreted in contravention of the express provisions of the contract and the OP and does not constitute any obligation of either party.
13. VALIDITY AND EFFECTIVENESS OF THE TERMS AND CONDITIONS
13.1 These OPs are valid and effective from 22 January 2021 until the publication of the updated version of the OP.
13.2 The current version of the OP 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
HAVEL COMPOSITES CZ s.r.o.
Svésedlice 67, 783 54 Přáslavice
phone number: +420 585 129 011
I declare that I hereby withdraw from the purchase contract of the goods listed below, which I am
in the online store on your website https://www.havel-composites.com/cs/category ordered under order No. ______ for the purchase price of _________, - CZK, postage and packaging in the amount of ______, - CZK. I ordered the following goods:
Date of ordering the goods: ____________________
Date of receipt of goods: ____________________
Name and surname of the consumer: ____________________
Consumer address ____________________
Pursuant to the provisions of § 1829 para. 1 in conjunction with the provisions of § 1818 of Act No. 89/2012 Coll., The Civil Code, as amended, I exercise my legal right and withdraw from the purchase contract concluded via the Internet, which relates to the above goods ,
which I am sending you back with this letter, and at the same time I ask you to remit the purchase price in the amount of
______, - CZK and ______, - CZK for postage and packaging to my bank account number __________ / ______ no later than 14 days from the delivery of this withdrawal from the contract.
Signature of consumer (s): ____________________
Attachments: - proof of purchase
Note: fill in the missing data in the form