Terms and Conditions
I. Introductory provisions
1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to contractual relations concluded in the online shop www.cormen.cz.
2. If no other entity is listed as the Seller on the website of the online shop, the Seller is CORMEN s.r.o., company ID 255 47 593, with its registered office at Bystřice nad Pernštejnem, Průmyslová 1420, Postal Code 593 01, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 32085. Contact details and identification of the Seller are published on the website at the time of purchase and the Buyer can see which entity is the Seller. The Buyer is the entity to which the Seller undertakes to hand over the ordered item and to enable him to acquire ownership of it. The Buyer undertakes to take possession of the item and to pay the Seller the purchase price for it. If the Buyer is a consumer within the meaning of the statutory definition, the provisions relating to trading with consumers shall apply to the Buyer.
3. The rights and obligations of the Seller and the Buyer are governed by these GTC and Czech law. Legal relations not expressly regulated by these GTC are governed by the relevant Act No. 89/2012 Coll., the Civil Code as amended, and other related regulations.
II. Conclusion of the contract
1. The purchase contract between the Seller and the Buyer is concluded on the basis of the Buyer's order, made via the order form according to the valid offer of goods published on the Seller's website www.cormen.cz. The order shall be considered as a draft contract and shall become binding if confirmed by the Seller.
2. Each order must contain at least the following essential information:
a) identification data of the Buyer - his name, surname, business ID number, residential address/place of business/place of business, e-mail address, telephone number
b) identification of the product according to the Seller's offer; c) the quantity of goods requested; d) the price excluding and including VAT; e) the Buyer's billing address, if different from the address mentioned in a)
If the order does not contain the required information, it is not considered a proper order and cannot be confirmed as sent by the Buyer. In such case, the Seller shall contact the Buyer without undue delay to rectify the defects in the order. If the defects cannot be removed, the order shall not be considered.
3. The Buyer may order goods without registration or as a logged-in user via his account.
4. The order is delivered to the Seller by means of electronic communication. The Buyer is bound by his order.
5. Upon receipt of the order, the Seller shall confirm its receipt to the Buyer. The confirmation of receipt of the order is usually part of the confirmation of the order itself. The Seller is also entitled to confirm the order separately. If no order confirmation by the Seller or a new draft contract is sent to the Seller within thirty days of receipt of the order, the order shall be terminated. The Seller reserves the right to inform the Buyer after the order confirmation that the ordered goods cannot be delivered, especially if the goods are no longer produced, not delivered, sold out or in other cases where it has a serious reason for doing so. If the Seller is not able to deliver the ordered goods and it is within its capabilities, the Seller shall offer the Buyer an adequate substitute for the ordered goods. The Buyer either agrees to the delivery of the replacement goods and the purchase contract is then concluded, the subject of which is the delivery of the replacement goods, or does not agree to the delivery of the replacement goods and is then entitled to withdraw from the concluded purchase contract.
6. If the order is confirmed by the Seller only in respect of part of the goods, a contract shall be formed between the parties in respect of the goods specified in the confirmed part of the order.
7. The Buyer agrees to the use of remote means of communication for the conclusion of the Contract. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the contract (such as internet connection costs, telephone call costs) shall be borne by the Buyer.
III. Delivery of the goods
1. By the Purchase Contract, the Seller undertakes to deliver the goods subject to purchase to the Buyer and to enable the Buyer to acquire ownership of them, and the Buyer undertakes to accept the goods and to pay the Seller the purchase price. The goods shall be delivered to the place of delivery specified by the Buyer in the order, which shall then be deemed to be the place of payment of the purchase price.
2. The time limit for delivery of the goods shall normally be 14 calendar days from the ordering of the goods; the Buyer shall be informed in advance of the delivery date. The goods shall be handed over to the Buyer or a person authorised by him by a person authorised by the Seller, usually an employee of the postal licence holder. If the goods are not in stock, the delivery time may be up to 30 days, of which the Buyer will be notified by electronic communication when the Seller confirms the order or without undue delay after such confirmation. After the expiry of this period, the parties may agree on a further delivery period; if this is not agreed, the contract shall be deemed to be cancelled.
3. The Seller shall deliver the goods to the Buyer, as a rule, via the postal licence holder on delivery on delivery.
4. The Buyer is obliged to pay the postage below, the purchase price of which does not exceed CZK 2 400,- (incl. VAT). If the purchase price of the goods exceeds the amount of CZK 2 400,- (incl. VAT), the Seller undertakes to deliver the ordered goods to the Buyer at his own expense (applies only to shipments sent by PPL:
PPL - 165 CZK incl. VAT
5. The goods are delivered in normal packaging from the manufacturer. All documents relating to the ordered goods are available for download by the Buyer on the website www.cormen.cz (in particular, technical and safety data sheets, if required by the nature of the goods). The Buyer receives an invoice together with the goods with the requirements of a tax document. The Buyer is obliged to confirm by his signature the proper receipt of the ordered goods together with the invoice according to the instructions of the postal licence holder.
IV. Purchase price and payment terms
1. The purchase price means the price that is indicated for the ordered goods in the Seller's online shop on the website www.cormen.cz. The purchase price is confirmed by the Buyer when ordering the goods and is subsequently confirmed by the Seller, it becomes binding at the moment of conclusion of the contract.
2. The Buyer is obliged to pay the purchase price upon receipt of the goods from the postal licensee or other carrier. The purchase price shall be deemed to be paid at the moment of its payment to the employee of the postal licensee or carrier.
V. Withdrawal from the contract
1. If the Buyer is a consumer within the meaning of Act No. 89/2012 Coll., Civil Code, i.e. a person acting outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, he/she is entitled to withdraw from the contract within 14 days of receipt of the goods without giving any reason and without any penalty.
2. If the Buyer is not a consumer, he is entitled to withdraw from the purchase contract only in cases defined by law.
3. In case of withdrawal from the contract, the Buyer is obliged to send a written withdrawal to the address of the Seller's registered office. If the Buyer - consumer withdraws from the contract according to Article V., paragraph 1 of these GTC, he must do so within 14 days from the date of receipt of the goods. In the withdrawal from the contract, he/she is obliged to provide information clearly identifying the relevant contract, preferably the number and date of the order, identify the returned goods, the date of receipt of the goods and the bank account number for the return of the purchase price, if he/she wishes to return the purchase price to his/her bank account. If the Buyer, who is a consumer, withdraws from the concluded contract, he/she shall return the goods to the Seller within 14 days of withdrawal from the contract. If the Consumer Buyer does not propose that the Seller refund the purchase price to his bank account, he shall receive it by bank transfer to his name at the address he has indicated as his delivery address during the contracting process. The Seller shall refund the purchase price and the cost of delivery to the Buyer-Consumer after receiving the returned goods from him. The Buyer shall not be entitled to reimbursement of the costs actually incurred in returning the goods and shall bear them himself.
4. If the Buyer exercises the right to withdraw from the contract according to Article V., paragraph 1 or 2 of these GTC, he is obliged to return to the Seller everything that was paid to him. The Buyer is obliged to return the goods in the original undamaged packaging, clean (not contaminated), whole and with the original tax receipt. If this is no longer possible (e.g. the goods have been destroyed in the meantime or the goods have been consumed by a Buyer not acting in good faith or a Buyer abusing the right of withdrawal), the Buyer must provide the Seller with a monetary compensation for the value of what can no longer be delivered. The Seller shall be entitled to claim from the Buyer compensation for what can no longer be delivered and to set off his claim against the claim for reimbursement of the purchase price.
5. If the Buyer also receives other goods at a discounted price (or a symbolic price or as a gift) as a reward for goods ordered at a certain price, the withdrawal from the contract according to Article V., paragraph 1 or 2 of these GTC also applies to the goods delivered at a discounted price. In such a case, the Seller is therefore obliged to return all goods delivered under the respective contract, unless the Seller informs the Seller that it does not insist on the return of these goods.
VI. Rights arising from defective performance
1. The Seller's liability for defects shall be governed by the applicable law as amended. Unless otherwise stated, the Seller warrants the quality of the goods; the warranty lasts for the period of use stated on the packaging of the goods.
2. The Buyer is obliged to inspect the delivered goods thoroughly upon receipt and inform the Seller of any defects found without undue delay. Subsequent complaints regarding the type, quantity or damage to the goods during transport may not be taken into account. By his signature, the Buyer also confirms that the goods have been delivered in good order. If the goods are damaged, the Buyer may refuse acceptance.
3. In the event that the goods are not in conformity with the purchase contract upon receipt by the Buyer, the Buyer shall have the right to have the Seller restore the goods to the condition corresponding to the purchase contract free of charge and without undue delay by delivering new goods; and if such procedure is not possible, the Buyer may demand a reasonable discount on the price of the goods.
4. If the Buyer is a consumer, his rights arising from defective performance are governed by the provisions of Sections 2099 et seq. of Act No. 89/2012 Coll., the Civil Code, and are therefore as follows. If the defective performance is a material breach of contract, the Buyer (consumer) has the right a) to have the defect removed by delivery of new goods or missing goods, b) to have the defect removed by repair of the goods, c) to receive a reasonable discount on the purchase price, d) to withdraw from the contract. The Buyer (consumer) shall inform the Seller of the right he has chosen when notifying the defect or without undue delay thereafter. If the Buyer (consumer) does not choose his/her right in time, he/she shall have the same rights as in the case of a non-substantial breach of contract. In the case of a non-substantial breach of contract, he has the right to have the defect rectified or to a reasonable discount on the purchase price. Other claims of the Buyer (consumer) in case of defective performance arising from §§ 2099 et seq. of Act No. 89/2012 Coll., Civil Code.
5. Subject to statutory exceptions, the Buyer may not withdraw from the contract or demand delivery of new goods if he cannot return the goods in the condition in which he received them.
6. The Seller reserves the right to withdraw from the Purchase Contract with such Buyer whose claims are excessive or whose purchases are of a speculative nature.
VII. Protection of personal data
1. The Buyer, by entering into the contract, agrees to the processing and collection of his personal data in the Seller's database after the successful completion of the contract, until he expresses his disagreement with this processing in writing.
2. The Buyer has the right to access and rectify his personal data, including other legal rights in relation to such data. Personal data may be removed from the database upon written request of the Buyer.
3. The protection of the Customer's personal data, including the conditions for sending commercial communications, is governed by the rules set out in the Personal Data Processing Policy. The current version is available here.
VIII. Final Provisions
1. By concluding the Purchase Agreement, the Buyer declares that he/she is familiar with these Terms and Conditions and agrees that they become an integral part of the Purchase Agreement. The Buyer acknowledges that the terms and conditions are binding for the regulation of the relations between the Seller and the Buyer according to the provisions of § 1751, paragraph 1 of Act No. 89/2012 Coll., Civil Code, unless the purchase contract contains deviating provisions.
2. The Seller reserves the right to change or amend the terms and conditions, especially in the event of a change in related legal norms or a change in the way of trading. The Seller shall publish the new version of its terms and conditions on its website.
3. Legal relations of the Seller and the Buyer not expressly regulated by the Purchase Contract shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, and related legislation.
4. The Seller shall not be liable to the Buyer for damage caused by circumstances excluding liability, e.g. government intervention, operational, transport and energy failures, e-commerce system failures, strikes or lockouts. Such circumstances shall be grounds for postponement of performance of contractual obligations on the part of the Seller for the duration and to the extent of the effectiveness of such circumstances and the Seller shall not be in default for the duration of such circumstances. The same shall apply even if the said circumstances have arisen in the case of the Seller's subcontractors. The Seller is obliged to inform the Buyer as soon as technically possible that the circumstances precluding illegality have occurred.
5. These GTC become valid and effective on 8 January 2014.
