Commercial Conditions

GENERAL TERMS AND CONDITIONS

of EKO-CONTAINER SERVICE, s.r.o.

for the sale of goods, in particular plastic packaging and IBC containers

Effective from: 1 July 2026

Seller	EKO-CONTAINER SERVICE, s.r.o.
Company ID (IČO)	259 34 937
Registered Office	Kampelíkova 767/2a, Kukleny, 500 04 Hradec Králové, Czech Republic
Commercial Register	Registered with the Regional Court in Hradec Králové, Section C, Insert No. 15635
Business Premises	Za Drahou 189, 517 21 Týniště nad Orlicí, Czech Republic
Phone	+420 725 161 322
E-mail	ecs@ecs-obaly.cz
Website	www.ecs-obaly.cz

1. Pre-contractual Information for Consumers
2. Introductory Provisions
3. Conclusion of the Contract and Orders
4. Price and Delivery Costs
5. Delivery Terms
6. Payment Terms, Retention of Title and Rights Arising from Defective Performance
7. Special Provisions on Consumer Rights Arising from Defective Performance
8. Withdrawal from the Contract
9. Liability and Limitation of Liability
10. Storage and Handling Conditions for Plastic Packaging and IBC Containers
11. Personal Data Protection
12. Final Provisions

1. Pre-contractual Information for Consumers

In accordance with Section 1820 of Act No. 89/2012 Coll., the Civil Code, the Seller hereby provides the Consumer with the following information prior to the conclusion of the Contract.

1.1 Seller’s Identification Details

EKO-CONTAINER SERVICE, s.r.o.
Company ID No.: 259 34 937
Registered office: Kampelíkova 767/2a, Kukleny, 500 04 Hradec Králové, Czech Republic
Operating premises: Za Drahou 189, 517 21 Týniště nad Orlicí, Czech Republic
Telephone: +420 495 535 707
Email: ecs@ecs-obaly.cz

1.2 Description and Main Characteristics of the Goods

The goods offered comprise in particular plastic packaging, drums, canisters, pallets, accessories and IBC containers, including reconditioned or used products. The main characteristics of the goods are specified for each product on the website, in the price list or in an individual quotation issued by the Seller.

1.3 Price, Payment, Delivery and Delivery Costs

Prices are stated inclusive or exclusive of VAT, depending on the type of Customer and the manner in which the offer is presented.
The price does not include transport costs unless expressly stated otherwise.
The Buyer may use, in particular, payment by bank transfer, payment upon receipt, or individually agreed payment terms.
Delivery is carried out by a carrier, by the Seller’s own transport, or by personal collection.

1.4 Rights Arising from Defective Performance, Withdrawal and Dispute Resolution

The Seller is liable for defects in the goods in accordance with applicable legislation.
The Consumer is entitled to exercise rights arising from defects within 24 months of receipt of the goods, unless otherwise stipulated below.
The Consumer has the right to withdraw from the Contract within 14 days without giving any reason, unless a statutory exception applies.
The Czech Trade Inspection Authority is the entity competent for the out-of-court settlement of consumer disputes.
Online dispute resolution is available via the European Commission’s online dispute resolution platform.
To facilitate a complaint or the return of goods, the Buyer may use the online form available on the Seller’s website in the “Complaints and Returns” section.

2. Introductory Provisions

These General Terms and Conditions govern the mutual rights and obligations between EKO-CONTAINER SERVICE, s.r.o., as the Seller, and the Buyer.
The Buyer may be a Consumer or an Entrepreneur.
Any differing arrangements agreed in an individual contract, order or order confirmation shall prevail over these General Terms and Conditions.
These General Terms and Conditions form an integral part of every Contract concluded between the Seller and the Buyer.
In the event of any discrepancy between language versions, the Czech version shall prevail.

3. Conclusion of the Contract and Orders

An order may be placed through the online shop, by email, by telephone or in person at the Seller’s operating premises.
The order must include the Buyer’s identification details, delivery address, specification and quantity of the goods, contact details, and the requested method of transport and payment.
The Buyer’s order constitutes an offer to conclude a Contract.
The Contract is concluded when the Seller confirms the order.
An automated acknowledgement of receipt of an order does not constitute conclusion of the Contract.
The Buyer is responsible for the accuracy of all information provided in the order, in particular technical specifications, intended-use requirements and contact details.

3.1 Special Provisions for Entrepreneurs (B2B)

The Seller is not obliged to accept an order.
The Seller reserves the right to reject an order, in particular where the goods are unavailable, the stated price is incorrect, the information provided is incomplete, or the Buyer has previously breached its obligations.

3.2 Special Provisions for Consumers (B2C)

The purchase Contract is concluded only upon confirmation of the order by the Seller.
Before submitting the order, the Buyer is given the opportunity to review and correct the information entered.

3.3 Electronic Communication

The Parties agree to the use of electronic communication.

4. Price and Delivery Costs

The price of the goods is determined according to the Seller’s current price list or an individual quotation.
The purchase price is agreed when the Seller confirms the order.
Delivery costs are not included in the purchase price unless expressly stated otherwise.
Promotional prices apply for the period specified in the offer or while stocks last.

4.1 Entrepreneurs (B2B)

The Seller reserves the right to change prices in the event of changes in input costs, exchange rates, supplier prices or individual commercial terms.
Prices stated in the price list do not constitute a binding offer within the meaning of Section 1732(2) of the Civil Code.

4.2 Consumers (B2C)

The price stated for the goods is final and binding, except in the case of an obvious error.
In the event of an obvious pricing error, the Seller is not obliged to conclude the Contract at the incorrectly stated price.

4.3 Photographs and Appearance of the Goods

Photographs of goods shown on the website are for illustrative purposes. Individual used, reconditioned or recycled products may differ, in particular in appearance, colour, degree of wear or minor cosmetic defects that do not affect their functionality.

5. Delivery Terms

The goods shall be delivered within the agreed period or within the period specified in the order confirmation.
If no delivery period has been expressly agreed, the Seller shall deliver the goods without undue delay and no later than within 30 days.
The goods are delivered by a carrier, by the Seller’s own transport, or by personal collection from the Seller’s operating premises.
Upon receipt, the Buyer must inspect the goods, in particular their quantity, the integrity of the packaging and any apparent defects.
The Seller is entitled to deliver the goods in instalments unless the Parties agree otherwise.
Delivery periods shall be reasonably extended for the duration of any obstacles caused by force majeure or circumstances beyond the Seller’s control.

5.1 Transfer of Risk of Damage

Consumer: the risk of damage passes upon receipt of the goods.
Entrepreneur: the risk of damage passes when the goods are handed over to the carrier.

5.2 Failure to Take Delivery and Delayed Delivery

If the Buyer fails to take delivery of the goods, the Seller is entitled to claim reimbursement of the costs associated with delivery, storage and repeated delivery, or to withdraw from the Contract.
The Seller is not liable for delayed delivery caused by force majeure, the carrier, or circumstances beyond the Seller’s control.
If the Buyer is in delay in taking delivery of the goods, the Seller is entitled to charge storage fees and costs associated with storing the goods.

6. Payment Terms, Retention of Title and Rights Arising from Defective Performance

6.1 Payment Terms

The purchase price is payable in accordance with the terms stated on the invoice, unless otherwise agreed.
The Seller is entitled to require advance payment, a deposit, or payment upon delivery of the goods.
If the Buyer is late in paying the purchase price, the Seller is entitled to claim statutory default interest or default interest agreed between the Parties.
Where the Buyer is an Entrepreneur, the Seller is entitled to claim a fixed reimbursement of costs associated with the recovery of the debt in the amount of CZK 1,200 for each individual debt/invoice.
If the Buyer is in default, the Seller is entitled to suspend further deliveries of goods or provision of services until all due obligations of the Buyer have been paid in full.
All payments made by the Buyer shall be applied first towards the costs associated with recovery of the debt, then towards default interest, and only thereafter towards the principal, unless the Seller determines otherwise.
If the Buyer is in default, the Seller is entitled to pursue the debt through court proceedings, including ancillary claims, costs of the proceedings and legal representation costs.

6.2 Retention of Title

Title to the goods passes to the Buyer only upon full payment of the purchase price.

6.3 Rights Arising from Defective Performance

The Seller warrants that, upon receipt, the goods are free from defects and conform to the agreed characteristics.
A Buyer who is an Entrepreneur must inspect the goods without undue delay after receipt.
The Buyer–Entrepreneur must notify the Seller of apparent defects immediately, but no later than within three business days of receipt; otherwise, the goods shall be deemed to have been accepted without such defects.
The Buyer–Entrepreneur must notify the Seller of latent defects without undue delay after discovering them.
The Seller is not liable for indirect damage, loss of profit or damage caused by improper use of the goods.

7. Special Provisions on Consumer Rights Arising from Defective Performance

This Article applies exclusively to a Buyer who is a Consumer.
The Consumer may make a complaint in person at the operating premises, by email, in writing, or using the online complaint form.
The Consumer must provide proof of purchase, describe the defect in the goods and state the requested remedy.
The complaint shall be resolved without undue delay and no later than within 30 days, unless the Seller and the Consumer agree otherwise.
For used goods, the period for exercising rights arising from defects may be reduced to 12 months where permitted by law.

7.1 Grounds on Which a Complaint Cannot Be Accepted

normal wear and tear
improper use
mechanical damage
improper handling
failure to follow the manufacturer’s instructions
failure to comply with the storage and handling conditions specified by the Seller

7.2 Online Complaint Form

To facilitate complaints or the return of goods, the Seller allows Buyers to use the online complaint form available on the Seller’s website. Completing the form merely facilitates communication between the Buyer and the Seller and is not a prerequisite for exercising the Buyer’s rights. The Buyer may also exercise rights arising from defective performance or the right to withdraw from the Contract by any other method specified in these General Terms and Conditions or applicable legislation. The online form is available on the Seller’s website in the Complaints and Returns section.

8. Withdrawal from the Contract

The right to withdraw from the Contract under this Article is available only to a Buyer who is a Consumer.
The Consumer has the right to withdraw from the Contract without giving any reason within 14 days of receipt of the goods.
The Consumer may withdraw in writing, by email, or by using the withdrawal form.
The Consumer must return the goods without undue delay, and no later than within 14 days of withdrawal, at the Consumer’s own expense.
The goods must not be sent cash on delivery.
The Seller shall refund all funds received from the Consumer within 14 days of withdrawal; however, the Seller is not obliged to issue the refund before receiving the returned goods or before the Consumer provides evidence that the goods have been dispatched.

8.1 Exceptions to the Right of Withdrawal

goods made to the Buyer’s specifications or clearly personalised
goods that have been used, damaged or impaired after delivery
goods that cannot be returned for hygiene or safety reasons
services already provided with the Consumer’s prior consent

9. Liability and Limitation of Liability

The Seller is liable for defects in the goods to the extent stipulated by applicable legislation and these General Terms and Conditions.
Where the Buyer is an Entrepreneur, the Seller is not liable for indirect damage, loss of profit, loss of revenue or consequential damage arising in connection with the use of the goods.
The Seller’s total liability towards an Entrepreneur is limited to the purchase price of the goods supplied, unless applicable legislation provides otherwise.
The Seller is not liable for defects or damage caused by improper use, improper handling, mechanical damage or failure to follow the manufacturer’s instructions.
In the case of used or reconditioned packaging and IBC containers, the Seller is not liable for normal wear and tear corresponding to their previous use.
The Buyer acknowledges that minor aesthetic defects in used or reconditioned goods do not constitute a defect if they do not affect functionality.
The Seller is not liable for damage arising from business interruption, loss of production, loss of data, loss of profit, or any other indirect or consequential damage.

9.1 IBC Containers – Special Provisions

The Buyer must verify the compatibility of the substance to be stored with the container material.
The Buyer must comply with the storage and handling conditions.
The Buyer must inspect the container before use.
The Seller bears no liability for damage caused by improper use of the container, storage of unsuitable substances, or failure to comply with safety instructions.
The Buyer acknowledges that reconditioned or used IBC containers may show normal signs of previous use that do not affect their functionality, unless stated otherwise.
The Seller is not liable for damage resulting from the use of an unsuitable or aggressive substance.

9.2 Force Majeure

Circumstances excluding liability include, in particular, interventions by public authorities, power outages, cyberattacks, strikes, fires, floods, pandemics, supply-chain disruptions, transport restrictions and other unforeseeable circumstances beyond the Seller’s control, or other circumstances that the Seller could not reasonably have foreseen or influenced.

10. Storage and Handling Conditions for Plastic Packaging and IBC Containers

The Buyer acknowledges that proper storage, handling and use of plastic packaging and IBC containers is essential for their safe use.

10.1 Storage of Empty Packaging

maximum recommended storage period: 24 months from delivery
store in a dry and dark environment
store at normal ambient temperature, up to approximately 40 °C
protect against UV radiation, ozone and other high-energy sources
packaging intended for hazardous substances has a maximum service life of five years and must be inspected after 2.5 years

10.2 Temperature Conditions

recommended storage temperature: from -10 °C to +40 °C
maximum filling temperature: 60 °C
when filling with a liquid at a higher temperature, mechanical stress on the IBC container must be prevented until it has cooled
the continuous temperature of a stored water-like medium must not exceed 40 °C
stacking is permitted only where both the medium and ambient temperatures do not exceed 40 °C

10.3 Handling and Stacking

use handling equipment that fully supports the pallet
do not lift an IBC by its cage, cross-members or chains
protect the valve and fittings against damage
after a fall or mechanical damage, the IBC must be taken out of service
stack only on a level, firm surface and secure against movement
Before each use, the Buyer must inspect the technical condition of the IBC container, in particular its leak-tightness, valve, fittings and any mechanical damage.
An IBC container must not be used if it is mechanically damaged, deformed, cracked or leaking, or after a fall, unless its fitness for use has been professionally assessed.

10.4 Legal Protection of the Seller

The Seller is not liable for defects or damage resulting from failure to comply with the conditions above. The Buyer acknowledges that non-compliance with these conditions may cause damage and bears full liability for such damage.

11. Personal Data Protection

The Seller processes the Buyer’s personal data in accordance with applicable legislation, in particular the GDPR.
Personal data is processed primarily for the purposes of concluding and performing the Contract, processing the order, delivering the goods, maintaining accounting records and communicating with the Customer.
The data processed may include, in particular, first name and surname, business name, Company ID No., VAT ID No., address, email address and telephone number.
The Buyer has the right of access to personal data, rectification, erasure, restriction of processing, objection to processing, and the right to lodge a complaint with the Office for Personal Data Protection.

12. Final Provisions

These General Terms and Conditions are governed by the laws of the Czech Republic.
If any provision of these General Terms and Conditions is invalid or ineffective, this shall not affect the validity of the remaining provisions.
All disputes arising between the Seller and a Buyer who is an Entrepreneur shall be resolved by the court having subject-matter and territorial jurisdiction according to the Seller’s registered office.
The Seller is entitled to amend these General Terms and Conditions unilaterally. The new version shall apply to Contracts concluded after the date of its publication.
These General Terms and Conditions enter into effect on 1 July 2026.