COMPANIES PROKLIMA shading technology s.r.o.
Content
1. Basic provisions
1. For the purposes of these terms and conditions, the following terms shall have the meanings specified below:
PROKLIMA shading technology s.r.o.
PROKLIMA stínící technika s.r.o., company ID No.: 274 08 515, with registered office at Vrchlického 1306/5a, Košíře, 150 00 Prague 5, registered in the Commercial Register maintained by the Municipal Court in Prague under No. C 115956
Contact details
Address:
Vrchlického 1306/5a, Košíře, 150 00 Praha 5Email: objednavky@proklima.cz
Tel: 733 697 871
GTC
GTC - these terms and conditions
Seller
Seller - PROKLIMA stínící technika s.r.o.
Buyer
Buyer - a person purchasing goods and/or services from the Seller
Consumer
Consumer - a person who, outside the scope of his/her business activity or outside the scope of independent exercise of his/her profession, concludes a contract with the Seller or otherwise deals with him/her
Business
Entrepreneur - one who independently carries out, on his 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 enters into contracts in connection with his or her own business, manufacturing or similar activity or in the course of the independent exercise of his or her profession, or a person who acts on behalf of or on behalf of an entrepreneur. For the purposes of the GTC, an entrepreneur means a person who acts in accordance with the preceding sentence in the course of his or her business.
2. Supplies of goods and/or services
Deliveries of goods and/or services between the Seller and the Buyer are made on the basis of these GTC. Different commercial (contractual) terms and conditions are excluded, unless otherwise expressly agreed in writing, by specifically excluding these GTC by the following contractual stipulation: "In accordance with Article 1, Paragraph 2. The GTC of PROKLIMA Stíníční technika s.r.o. are hereby excluded". Arrangements in any other form shall not result in the exclusion of these GTC.
3. Contractual arrangements
All contractual arrangements that modify these GTC or differ from these GTC require the written consent of PROKLIMA stíníční technika s.r.o. to become binding.
4. Goods
Goods shall mean in particular the shading technology (including insect screens) supplied by the Seller. Goods within the meaning of these GTC shall also mean the provision of services.
5. GTC
These GTC do not apply to contractual relations between the Seller and its customers who have access to the Seller's online shop.
2. Subject matter of the contract
The subject matter of the contract between the Seller and the Buyer is in particular the following main obligations of the parties:
(a) on the part of the Seller:
- The obligation to hand over to the buyer the item which is the subject of the purchase on the basis of the (purchase) contract;
- the obligation to enable the buyer to acquire ownership of the thing to be purchased;
- the obligation to carry out the installation of the goods, whether or not the service has been agreed;
- an obligation to provide a service.
(b) on the part of the buyer:
- the obligation to take possession of the thing to be bought from the seller;
- the obligation to enable the service to be performed, was-peopleagreed;
- the obligation to pay the seller the price.
3. Order, contract and delivery of goods
1. The goods will be delivered by the seller to the buyer on the basis of an order from the buyer or a contract.
2. Where an order is placed by the Buyer, the contract is concluded at the time of acceptance of the order by the Seller.
3. The subject of performance by the Seller shall be the goods from the Seller's product specification.
4. The technical specifications of the Seller's individual products, their components and parts, limit dimensions and standard designs are set out in the price list of individual statements and other product specifications on the manufacturer's website www.climax.cz.
5. Seller shall not be liable to Buyer for any incompleteness or inaccuracies in the delivery of the Goods that are caused by Buyer's incorrect or inaccurate information and documentation. Specification of the terms of delivery due to their incompleteness or inaccuracy is the Seller's right, not its obligation.
6. Change of Conditions. If the Seller, while processing or after processing the order or concluding the contract, finds that the delivery of the goods cannot be carried out under the conditions specified in the order (especially in the part concerning the delivery date) or the contract, it shall notify the Buyer of this fact. If the buyer does not agree with the change of the order or contract, the seller is entitled to withdraw from the (purchase) contract.
7. Delivery date:
- The delivery date depends on the production capacity of the manufacturer and the method of transport of the goods to the buyer;
- the delivery date is in principle indicative, even if this has been confirmed by the Seller. If the Seller is not able to make the delivery on the requested date for reasons beyond the Seller's control, the Seller shall be entitled (even after the conclusion of the contract) to set a new, later delivery date and shall notify the Buyer of this new delivery date. The Seller may also set a new delivery date repeatedly. The delivery date may be postponed, inter alia, for reasons of force majeure, which for the purposes of these GTC shall be expressly understood to include the market situation caused by the spread of the COVID-19 disease.
8. The place of delivery of the goods is the agreed address. If no address is expressly agreed, the place of delivery is the seller's place of business.
4. Purchase price
The price of the goods is set out in the contract or in the accepted order.
5. Method of payment of the purchase price
The purchase price is paid by the buyer according to the agreed payment terms. If no payment terms are agreed, the price shall be paid by the buyer at the latest upon delivery of the goods. The Seller is entitled to demand payment of a deposit.
6. Reservation of title
1. The risk of damage to the goods, however, passes to the buyer upon acceptance of the goods or when the goods are handed over to the carrier for transport.
2. If the goods have been installed by the buyer to a third party before the purchase price is due, the buyer is obliged to use the payments received for the goods from the third party as a priority for payment of the purchase price to the seller.
7. Communication to the consumer
(1) The cost of means of distance communication between the seller and the buyer does not differ from the basic rate.
2. If a deposit or similar payment is required, the consumer shall be informed of this before the contractual relationship is entered into.
3. The consumer is entitled to exercise the right of withdrawal if the contract is concluded by means of distance communication or outside the seller's usual place of business.
4. The conditions, time limit and procedures for exercising this right, as well as a model withdrawal form, are set out in paragraphs 5 and 6 of this Article.
5. Instructions on the right of withdrawal according to Government Regulation No. 363/2013 Coll:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
You have the right to withdraw from the contract without giving any reason within 14 days from the day after:
- In the case of a purchase or work contract, after the date on which you or a third party designated by you (other than the carrier) takes delivery of the goods;
- in the case of a contract involving several types of goods or the delivery of several parts, after the date on which you or a third party designated by you (other than the carrier) take delivery of the last delivery of the goods;
- in the case of a contract for the periodic delivery of the goods over a specified period of time, after the date on which you or a third party (other than the carrier) appointed by you take delivery of the first delivery of the goods.
In order to exercise your right of withdrawal, you must inform our company of your withdrawal from this contract by unilateral legal action (for example, by letter sent via a postal service provider, fax or e-mail). You may use the enclosed sample withdrawal form; however, you are not obliged to do so. Contact details are contained in Article 1 of these GTC.
In order to comply with the withdrawal deadline, it is sufficient to send the withdrawal before the expiry of the relevant deadline.
Consequences of withdrawal
We will only refund the payment once we have received the returned goods or if you prove that you have sent the goods back, whichever comes first.
You must return the goods without undue delay, but no later than 14 days from the date of withdrawal, or hand them over at our premises. The time limit is deemed to have been observed if you send the goods back to us before the expiry of the 14 days.
You will bear the direct costs of returning the goods.
You will only be liable for any diminution in the value of the goods as a result of handling them in a manner other than that necessary to familiarise yourself with the nature and characteristics of the goods, including their functionality.
6. Sample form for withdrawal from the contract according to Government Regulation No. 363/2013 Coll:
Notice of withdrawal
Addressee:
PROKLIMA stínící technika s.r.o., ID No.: 274 08 515, with registered office at Vrchlického 1306/5a, Košíře, 150 00 Prague 5
I/We hereby notify (*) that I/We hereby withdraw (*) from the contract for the purchase of these goods (*)/the provision of these services (*):
- Date of order (*)/date of receipt (*);
- Name and surname of consumer(s);
- Address of the consumer(s).
Date and signature of consumer(s) (only if this form is sent in paper form).
(*) Delete where not applicable or complete the information.
7. The consumer cannot, inter alia, withdraw from the contract:
- on the delivery of goods that have been modified to the consumer's wishes or for the consumer's person;
- repair or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested.
8. the Czech Trade Inspection Authority, with its registered office at Štěpánská 44, 110 00 Prague 1, www.coi.cz, is the body for out-of-court settlement of consumer disputes to which the consumer is entitled to turn.
8. Other provisions
1. The Parties expressly agree that the entire regime of legal relations between them shall be governed by the laws of the Czech Republic.
2.
3. If the Seller breaches the obligations arising from the individual contract concluded with the entrepreneur, he is obliged to compensate the Buyer entrepreneur only for the damage in the maximum amount corresponding to the purchase price of the goods, when beyond this limit the Buyer entrepreneur waives his rights from the defective performance and rights from the claim for compensation. A change in the agreed delivery date shall not be deemed to be a breach of the (purchase) contract.
4. The parties agree that all disputes arising from the (purchase) contract and these GTC shall be decided by the courts of the Czech Republic. The District Court for Prague 5 (if the matter falls within the jurisdiction of the district court in the first instance) or the Municipal Court in Prague (if the matter falls within the jurisdiction of the regional court in the first instance) shall be the local court of first instance, provided that the Purchaser is an entrepreneur. The possibility of out-of-court dispute resolution with consumers remains unaffected.
5. In the case where the buyer is a consumer, these GTC cannot reduce his/her rights in contravention of mandatory provisions of law.
9. Deadlines and time limits
The Buyer acknowledges and agrees that all deadlines and time limits (in particular for delivery of goods, provision of services or settlement of complaints) may be unilaterally postponed and changed by the Seller for reasons beyond the Seller's control. Circumstances within the meaning of the preceding sentence are expressly understood to be force majeure circumstances, which include, among others, reasons related to the COVID - 19 disease (e.g. shortages of components on the global and/or local market, delays by suppliers, global transport restrictions, closures and lockdowns, etc.), as a result of which any deadlines cannot be guaranteed by the Seller. Deadlines may not be changed if the Buyer is a consumer and at the same time such deadlines and time limits are governed by mandatory provisions of law and the change of the deadline in accordance with this paragraph was contrary to law.
10. Transitional and final provisions
The provisions of these Terms and Conditions shall take effect on 1 October 2021.
2. Contracts and orders for the supply of goods made after the entry into force of these Terms and Conditions shall be subject to these Terms and Conditions.
3. The Complaints Procedure is an integral part of the GTC.