Terms and Conditions
General Terms and Conditions of BETEXA ZS, s.r.o., ID:25301314, with registered office at Jiráskova 39, Brno, 602 00
1. Preamble
These General Terms and Conditions of Business (hereinafter referred to as GTC) apply to purchases in the online store www.betexa.cz, which is operated by BETEXA ZS, s.r.o., ID:25301314, with registered office at Jiráskova 39, Brno, 602 00. These GTC govern the relations between the Buyer and the Seller in the sale of goods between BETEXA ZS, s.r.o., ID:25301314, with registered office at Jiráskova 39, Brno, 602 00 (hereinafter referred to as
hereinafter referred to as "Seller") and its business partners (hereinafter referred to as "Buyer").
All contractual relations are concluded in accordance with the law of the Czech Republic. By placing an order, the Buyer confirms that he/she has read these Terms and Conditions, of which the Complaints Procedure forms an integral part, and that he/she agrees with them. To these terms and conditions
shall be sufficiently notified to the Buyer prior to the actual execution of the order and the Buyer shall have the opportunity to familiarize himself with them.
2. Definition
1.
The Seller is BETEXA ZS, s.r.o., ID:25301314, with registered office at Jiráskova 39, Brno, 602 00.
2. Buyer
The buyer is a consumer or entrepreneur.
A consumer is a natural person who, when concluding and performing the Purchase Contract with the Seller, is not acting within the scope of his trade or other business activity or within the scope of his independent exercise of his profession. When initiating business relations, the Consumer provides the Seller only with his/her contact details necessary for the smooth execution of the order, or the details he/she wishes to have on the purchase documents.
Legal relations of the Seller with the Consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended, as well as related regulations.
Entrepreneur means:
a person registered in the Commercial Register (especially a company), a person who operates a business on the basis of a trade licence (a sole trader registered
in the Trade Register),
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a person who carries on business on the basis of a licence other than a trade licence under special regulations (this includes, for example, the liberal professions such as the legal profession, etc.), and
a person who carries out agricultural production and is registered in the register according to a special regulation.
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Legal relations of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Contract between the Seller and the Buyer are governed by the relevant provisions of Act No. 513/1991 Coll., Commercial Code as amended, as well as related regulations.
The Seller's individual Contract with the Buyer is superior to the Terms and Conditions.
4. Processing of personal data
All handling of the Buyer's personal data is governed by Act No. 101/2000 Coll., on the protection of personal data, as amended, and other legislation in force in the Czech Republic. The Buyer, by his/her free decision (by pressing the Order button), indicates that,
that he/she is aware of all of the above and agrees to the further processing of his/her personal data for the purposes of the business activities of the operator of this e-shop. The provision of personal data is voluntary, you have the right to access the data and you are entitled to protection of your rights to the extent provided by law. You may withdraw this consent in writing at any time. Personal data will be fully secured against misuse. Data will be stored and will not be shared with third party applications.
The operator of this e-shop is both the controller and the processor of personal data within the meaning of the aforementioned law. This website contains valid identification data of the operator of the e-shop and an updated list of contacts for contact with Buyers. BETEXA ZS, s.r.o. is registered in the Register of Data Controllers of the Office for Personal Data Protection under the registration number 00035294. with the date of registration 3.9.2009.
The Seller/Operator is entitled to use the provided personal data beyond the processing necessary for the conclusion and performance of the Contract only under the conditions specified below.
The administrator hereby informs the data subject and provides him/her with explicit instructions on the rights arising from Act No. 101/2000 Coll., on the protection of personal data, i.e. in particular that the provision of personal data to the administrator is voluntary, that the data subject has the right to their
access, has the right to revoke the aforementioned consent in writing at any time at the address of the controller and has the right to contact the Office for Personal Data Protection in the event of a violation of his/her rights
and to request appropriate remedies, such as, for example, that the controller refrain from such conduct, remedy the situation, provide an apology, correct or supplement, block, destroy the personal data, pay monetary compensation, as well as exercise other rights under Sections 11 and 21 of this Act. If the Buyer wishes to correct the personal data which
the Operator or the Seller processes about him/her, he/she may request it at the email address tomas@betexa.cz or at the above mentioned postal address of the Operator or the Seller.
5. Order and conclusion of the Contract
The Buyer is entitled to order goods from the Seller through the ordering system of the e-shop, or by phone or email.
The proposal for the conclusion of the purchase contract is the placement of the offered goods by the Seller on the site, the purchase contract is formed by sending the order, or by telephone order of the Buyer by the consumer and the acceptance of the order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by an informative email to the specified email, but this confirmation does not affect the formation of the Contract. The resulting Contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on statutory grounds.
These GTC are drawn up in the Czech language, while the Purchase Contract may also be concluded only in the Czech language. A consumer who is domiciled in a member state of the European Union
outside the territory of the Czech Republic, or who is a citizen of a Member State of the European Union outside the territory of the Czech Republic, by confirming the order agrees to conclude the purchase contract in the Czech language. After the conclusion of the purchase contract, it is not possible to ascertain whether the processing of the
errors have been made in the processing of the data prior to the placing of the order, or to correct such errors. The concluded purchase contract is archived by the Seller and is accessible to the Buyer upon request within
1. years from the date of its signing.
6. Price and payment
The offer and the prices quoted on the Seller's online shop are contractual, final, always up-to-date and valid for as long as they are offered by the Seller in the online shop. Shipping costs are specified in the section "Delivery time and delivery conditions". The costs of using remote means of communication shall be borne by the Buyer. The final calculated price after filling in the order form is already indicated including the shipping costs. The price stated for the goods at the time of ordering by the Buyer shall apply as the price at the conclusion of the Contract between the Seller and the Buyer. The tax document based on the Purchase Contract between the Seller and the Buyer also serves as the delivery note. The Buyer may only take over the goods in principle after they have been paid for in full, unless otherwise agreed. If the Buyer makes payment and the Seller is subsequently unable to ensure delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The time limit for reimbursement of the funds spent depends on the chosen method of reimbursement, but may not exceed 30 days from the time when this impossibility arose.
The goods shall remain the property of the Seller until full payment has been made.
The Seller accepts the following payment terms:
Cash, Cash on delivery, GOPAY payment bar, Wire transfer.
7. Delivery time and delivery conditions
The Seller shall fulfil delivery of the goods by handing over the goods to the Buyer or by handing over the goods to the first carrier, whereby the risk of damage to the goods shall also pass to the Buyer. The delivery time is dependent on the availability of the product, payment terms and delivery conditions, and is a maximum of 7 days. In normal cases we will dispatch the goods within 2 working days of payment of the full purchase price. The final delivery date is always stated in the email confirming the order. The Buyer will receive a tax document/invoice together with the shipment.
The delivery period begins for goods that will be paid by the Buyer upon receipt, i.e. on delivery, on the date of valid conclusion of the Purchase Agreement according to Article IV of these GTC. In case the Buyer has chosen a payment option other than payment of the goods upon receipt, the delivery period starts only from the full payment of the purchase price, i.e. from the crediting of the relevant amount to the Seller's account.
The Seller accepts the following delivery conditions:
Czech Post, Mail order
In the case of exchange of goods within 30 days of purchase, the Buyer is charged for the cost of postage, each time the goods are sent to the Buyer.
In case of return of the goods by the Buyer to the Seller within 30 days, the Buyer shall pay the postage costs.
8. Záruka a servis
Při prodeji spotřebního zboží je záruční doba 24 měsíců; jde-li o prodej potravinářského zboží, je záruční doba osm dní, u prodeje krmiv tři týdny a u prodeje zvířat šest týdnů. Je-li na prodávané věci, jejím obalu nebo návodu k ní připojeném vyznačena v souladu se zvláštními právními předpisy lhůta k použití věci, skončí záruční doba uplynutím této lhůty.
Záruka se nevztahuje na opotřebení věci způsobené jejím obvyklým užíváním. U věcí prodávaných za nižší cenu se záruka nevztahuje na vady, pro které byla nižší cena sjednána. Jde-li o věci použité, neodpovídá prodávající za vady odpovídající míře používání nebo opotřebení, které měla věc při převzetí kupujícím.
V souladu s platným právním řádem České republiky není Kupujícímu, který je podnikatelem a zboží nakupuje v souvislosti s podnikáním, poskytována záruka na zboží mimo obecnou odpovědnost Prodávajícího za vady zboží při jeho předání. Kupujícím, kteří jsou podnikateli a kupují zboží v souvislosti se svou podnikatelskou činností, je poskytována záruční doba 12 měsíců.
Pro uplatnění záruční opravy je potřebné předložit pořizovací doklad (účtenka, faktura, Smlouva o leasingu), popř. záruční list. V případě zaslání zboží Prodejci je nutné zboží zabalit pro přepravu takovým způsobem, aby nedošlo k jeho poškození během přepravy.
Prodávající neposkytuje Kupujícím pozáruční servis.
9. Complaints Procedure
In the event that a defect occurs during the warranty period, the Buyer has the following rights in exercising the warranty, depending on the nature of the defect:
in the case of a removable defect:
a.) the right to free, proper and timely removal of the defect
b.) the right to replacement of the defective goods or defective part, unless this is disproportionate to the nature of the defect
c.) in the event of the impossibility of the procedures referred to in a.) and b.), the right to a reasonable discount on the purchase price or to withdraw from the purchase contract
in the case of irremediable defects:
(a.) the right to have the defective goods replaced or to withdraw from the purchase contract
in case of a removable defect, if the Buyer cannot use the goods properly due to the recurrence of the defect after repair (i.e. the goods have already been claimed 3 times for the same defect) or due to a greater number of defects
a.) the right to replace the defective goods or to withdraw from the purchase contract
in the case of other irremediable defects and if the consumer does not request replacement: a.) the right to a reasonable discount on the purchase price or to withdraw from the purchase contract
The complaint can be filed with the Seller in all of its establishments.
Complaints do not apply in the following cases:
if the defect or damage has been caused by proven improper use, contrary to the instructions for use or other improper conduct of the Buyer proven tampering with the goods
defects caused by normal wear and tear of consumer goods with a specified period of use under special legislation, if such a claim is made after the expiry of that period
defects caused by natural disasters
10. Termination of the Contract
Due to the nature of the conclusion of the Purchase Contract via distance communication, the Buyer, who is a consumer, has the right to withdraw from this Contract without any penalty
within 30 days of receipt of the goods. Furthermore, the Buyer who is a consumer has the right to withdraw from the Contract in accordance with the provisions of Section 53 (7) and (8) of Act No. 40/164 Coll., Civil Code, as amended. The above does not apply to a Buyer who is an entrepreneur
and concludes the Purchase Contract in connection with his business activity. In the event of the aforementioned withdrawal from the Contract, the Seller shall send the purchase price to the Buyer's bank account, which the Buyer shall communicate to the Seller for this purpose.
The Seller shall have the right to withdraw from the Contract if the Buyer fails to pay the full amount of the purchase price within 30 days from the date of conclusion of the Purchase Contract.
11. Final provisions
The Buyer shall allow the Seller to perform its obligations in accordance with the Offer/Contract and shall cooperate with the Seller in all necessary ways.
The Buyer agrees to pay all costs incurred by the Seller in sending reminders and the costs of recovery of any claims.
The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party.
The Buyer shall promptly notify the Seller of any change in its identification data within 5 working days of the date of such change.
The parties agree to use their best efforts to amicably resolve any disputes arising out of or in connection with the Contract and/or the GTC.
The mutual obligation relationship of the Parties shall be governed by the law of the Czech Republic, in particular Act No. 40/1964 Coll., the Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Article III of Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter referred to as "Rome I"), they hereby choose Czech law as the law applicable to the Purchase Contract and these GTC, excluding the application of the "United Nations Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Article VI Rome I concerning consumer contracts.
In the event that any provision of the Agreement and/or the GTC is or becomes or is found to be invalid or unenforceable, this shall not affect (to the fullest extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and/or the GTC. In such cases, the parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which shall, to the fullest extent permitted by law, have the same meaning and effect as was intended by the provision to be replaced.
As a matter of legal prudence, the Parties hereby declare, for cases of contracting with an international element for any disputes (except for disputes over which the exclusive jurisdiction of the arbitrator is given and/or in connection therewith) or for cases in which it would be found by a final decision of a court that there is no jurisdiction of the arbitrator under this Article of the GTC, that in accordance with Art. 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which provides for the exclusive jurisdiction of the Municipal Court to adjudicate any future disputes arising out of and/or in connection with the Contract and/or the GTC. The Parties also hereby submit to the exclusive jurisdiction of the Municipal Court of .
These GTC come into force and effect on 1.4.2015 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GTC shall then cease to be valid and effective on the effective date of the later GTC.