General trade conditions of the company Rondell Czech s.r.o., Reg.n.: 284 77 260, with firm domicile Praha 5, Smíchov, Plzeňská 152/162, Postcode: 150 00, incorporated in Register of Companies by Municipal court in Prague, section C., insert 144441, issued in accordance with §273 of the law 513/1991 Sb., as amended
I.General
a) Our General trade conditions are valid for all contracts closed between us and our business partners and customers. As closed contracts are also considered the orders realized through the use of our online shop. These General trade conditions regulate relations and conditions between the company Rondell Czech s.r.o. (further as “the provider”) and business partners and customers (further as “the clients”). Other and different conditions of the clients are valid only if the provider confirms them by written consent. Our conditions are valid also and then if we accept supplementary conditions of the client.
b) If would be some provision of these conditions invalid the other provisions stay valid.
c) Under the word “consumer” is for purposes of these conditions meant natural person who closes with our company the contract of purchase for purpose which is not related to his business activities.
d) Under the word “entrepreneur” is for purposes of these conditions meant natural person or legal entity who closes with our company the contract of purchase for purpose of trading with this goods whether as a company or as a sole trader.
e) Regulations of these General trade conditions are valid – if it is not explicitly stated something else – for the consumer as well as for the entrepreneur.
f) The provider commits to use personal data of the clients only for communication with the clients and only for purposes connected with the order and the delivery of the goods or services. Further the provider commits to keep personal data of the clients strictly secured and not to be provided to any third party. Processing of personal data is in accordance with the law 101/2000 Sb. (For the protection of personal data). In the case of the order of the goods the client gives to the provider the consent for usage of provided personal data. This consent can be canceled at any time.
II. Entering into the contract
a) Presentations of our goods on web sites www.rondell.cz and www.alu-kola-rondell.cz as well as proper prices, information about the article, catalogs or promotion in different sources don’t represent obligatory offers. In the case of the order of the goods from the provider - the provider send a confirmation of the order per e-mail, per fax or by post. If the confirmation would not arrive it arrives at the latest in the moment of the delivery of ordered goods.
b) For the form and the extent of the delivery are determining these General trade conditions.
c) Ordered goods offered on the web sites www.rondell.cz and www.alu-kola-rondell.cz will be delivered in performance, weight, color and extent that are confirmed on the confirmation of the order.
d) The provider reserves the right to cancel the order in the case that the goods are not being produced anymore.
e) In the case that the client submits the order on web sites of the e-shop, he does that by filling of registration formulary and putting of chosen goods into so-called “shopping cart” through public computer net - the internet. After sending of the order is send the confirming e-mail to the customer and ten days long delivery term starts.
f) The client is obliged to provide always only true data. In the case that the client provides to the provider untrue data then the client is aware of legal consequences of that behavior including the claim of the provider on compensation of a damage.
g) Verbal accessory agreements are not valid.
III. Transport and acceptance of risks
a) Risks connected with the transport of ordered goods takes the client in the case that he arranged the transport himself or if he personally takes goods on the address of the provider.
b) If the transport is arranged by the provider, the costs connected with the transport will be accounted for the client in tax document. The client is obliged to check the condition of ordered goods by taking. In the case of some defects on the goods, the client is obliged to immediately inform the transporter and the provider, in the case that the transporter is different company than the provider.
c) Under the word “transporter” is for purposes of these conditions meant the company which delivers ordered goods from the provider to the client.
d) The client is obliged to overtake ordered goods. If the client is in delay with overtaking of the goods, the provider is authorized to claim from the client compensation of a damage.
IV. Prices, changes of price, maturity and payment terms
a) Prices stated in confirmation of the order are valid prices from the factory. However we keep the right to change prices of the goods with delivery term longer than four months for reason of change of prices of transporters, exchange rate of Euro, prices of materials etc. In the case that the price of ordered article would change for more than 5% the client has right to cancel the order from the provider.
b) Costs of the transport depend on the chosen transporter. The client can choose a kind of transport that he prefers.
c) Costs connected with a package of the goods bears the provider.
d) Term of delivery of the goods is binding only if it was confirmed in written in the confirmation of the order.
e) It is possible to realize the payment in cash (just up to the height according to valid laws of the Czech Republic) or at the basement of the tax document.
f) If the client is for the long term in delay, the provider is authorized to charge to the amount due 8% p.a. to the basic interest rate. By this is not harmed the right of the provider to claim other damages connected with that.
V. Delivery terms and conditions
a) We deliver the goods within the frame of the Czech Republic, Slovakia and in the case of wish of the client we are willing to send the goods to other country.
b) Delivery term starts on the day when the confirmation of the order was sent to the client.
c) Delivery term ends by the day when the client gets from our company the application to take ordered goods (in the case of personal taking) or by the day when ordered goods are given to the transporter. The client must be aware of, that delivery of the ordered goods takes to the transporter some time.
d) We are not responsible for all events of vis major and events that we are not able to influence and which also disallow to deliver the goods at the time. However the provider will immediately inform the client about late delivery and about alternate delivery term.
VI. Guarantees
a) We guarantee that ordered goods from our company will be in excellent condition and that it will correspond with common quality demands.
b) Trivial changes and abnormalities from the structure and the color of ordered goods are reserved. The client is aware of that presentation of the goods on web sites or in other propagation materials can little differ in color from real color of the goods.
c) The provider is responsible for defects of the goods. The client is obliged to check the condition of the goods by taking especially if the goods was delivered by different transporter. If the client discovers this defect by taking he let this defect confirm in written by the transporter.
d) If the client does not discover the defect by taking but later, he is obliged to immediately inform in written the provider about the defect. The provider is obliged to repair this defect, change the goods for a new one or return the purchase price. The provider has the right to choose one of these three options.
VII. Retention of title
a) Until complete payment of the goods, the goods remain in the ownership of the company Rondell Czech s.r.o. In the case that the client entrepreneur is in delay with the payment for taken goods, we keep the ownership to all delivered goods till complete payment of all unpaid invoices.
b) The client is obliged to take care of the goods properly till complete payment that the article would not be damaged or its value would not be lower.
c) In the cases of the execution or the applying of the debt by third party on the goods that the client has not paid for yet, the client is obliged to inform the provider in written about this fact so that the provider could use his ownership rights.
VIII. Sales returns
a) The sales returns of our goods and services from our online shop www.rondell.cz or www.alu-kola-rondell.cz complies with valid laws especially with the law 40/1964 Sb. (The Civil code) and with the law 634/1992 Sb. (The Law for protection of the consumer).
b) For the claiming of the sales returns the client is obliged to immediately deliver the goods on the address of the provider. The provider is obliged to immediately start process of sales return with the producer.
c) The term for the sales returns of purchased goods or services is 24 months.
IX. Returning of the goods
a) According to § 53, article 8 of the law 40/1964 Sb. (The Civil code), the consumer (but not the entrepreneur) has right to withdraw from the contract of purchase in term of 14 calendar days from taking of the goods without giving of a reason. The provider has the right to claim costs expended on returning of the goods (new package – if the old one was damaged, transport etc.).
b) In the case of delivery of the goods by the provider in violation with the contract of the purchase, the client has the right to withdraw from the contract and to get costs connected with the delivery back.
c) Returned goods must not be damaged, magged and must not be used (for example: used tires or damaged wheels cannot be returned).
X. Competence of court
a) In the case of legal dispute between the client and the provider this dispute will be held by Municipal court in Prague.
b) On relations not governed by these conditions apply laws of The Czech republic.
XI. Specific clauses
a) In the case that some of these provisions would not be intelligible to the client, he is obliged to inform the provider and arrange new ones. If this not happens, these provisions are binding for the client and the provider considers them as approved by the client.
b) The provider reserves the right to change the forms of delivery, prices and other parameters in internet shop.