Commercial Conditions

Commercial Conditions

 

Commercial Conditions for sale of goods of the company EKO - CONTAINER SERVICE, s.r.o., ID No.: 259 34 937, registered office at Kampelíkova 767/2a, Kukleny, 500 04 Hradec Králové, incorporated in Register of companies administered by Regional court in Hradec Králové under ref. No. C 15635. 

 

Article I Introductory provisions

The subject of these Commercial Conditions is the regulation of the contract relationship between the Seller EKO - CONTAINER SERVICE, s.r.o., ID No.:  25934937, with registered office at Kampelíkova 767/2a, Kukleny, 500 04 Hradec Králové, incorporated in Register of companies administered by Regional court in Hradec Králové under ref. No. C 15635 (hereinafter referred to as “the Seller“) and the Buyer (“the Client” or “the Consumer”).

 

The origin, development, and termination of all contract relationships between the Seller and the Buyer are regulated by these Commercial Conditions; in issues not regulated by the Commercial Conditions, applicable and effective legal order of the Czech Republic, and in this context especially Act No. 89/2012 Sb., Civil Code, as applicable, and Act No. 634/1992 Coll., law on the Consumer protection, as applicable, if the Buyer is the Consumer. Provisions differing from the Commercial Conditions can be agreed in the Contract of Purchase. The differing provisions in the Contract of Purchase have priority over those of the Commercial Conditions. The contract relationships between the Seller and the Buyer are not regulated by mercantile usage, since its application to these Commercial Conditions has been excluded in the meaning of par. 588 section 2, Civil Code.

 

The provisions of the Commercial Conditions are integral parts of the Contract of Purchase. The Commercial Conditions have been drawn up in Czech and English language. In case of any contradiction the Czech version shall prevail.

 

Article II Purchase orders

The Seller shall receive the purchase orders by post, email, telephone, or as directly placed with the sales department by the Buyer at a personal takeover. The Buyer is obliged to specify correct data in the binding purchase order, especially:

 

• the Buyer who is a Consumer shall specify the identification data (name and surname)

• the Buyer who is an entrepreneur or a legal entity shall specify the business company name, ID No., registered office or place of business

• the exact address of the place of delivery of the goods ordered

• the name of the employee who placed the purchase order

• the product name and denomination according to the valid pricelist

• the required quantity

• the shipping details

 

The purchase order of the goods shall be confirmed to the Buyer by sending the form called “Acknowledgement of your Purchase Order No…”, which is used to check the purchase order correctness and completeness (price, number of pieces, type of goods). The Buyer is obliged to double check the correctness of the data in the sent form. In case that any discrepancies have been found out, the Buyer shall be obliged to contact the employees of the sales department immediately after the discrepancies have been found out. The purchase order acknowledgement is not a call to pay for the goods.

 

Article III Prices and transport

The Consumer prices are established in the Seller´s valid commercial pricelist.  The Seller hereby reserves the right of additional changes, or, possibly, determination of special price categories. Their possible updates shall be offered by written or email messages as addenda to the pricelist.

 

The prices have been specified with/without VAT. The special prices are valid until the stock is cleared off.

The transport price is established according to the goods purchased and                            the distance of the place of delivery.

 

Article IV Delivery conditions

The goods are dispatched in the agreed way within the agreed term; after an agreement with the Seller, the Client may collect the goods personally at the premises of the company EKO - CONTAINER SERVICE, s.r.o.

 

Article V. Payment conditions, reserve of property right, guarantee and claims

If a payment in advance or at the goods takeover has not been agreed, then the invoice maturity term shall be 14 days from the date of its issuance by the Seller. Any extension of the maturity term must be agreed solely in writing (by email, or by post) in advance.

 

The property right of the goods shall pass on the Buyer by settlement of the purchase price in full.

 

The rights and obligations of the contract parties regarding the faulty performance are regulated by the relevant generally binding legal regulations (especially provisions of par. 1914 - 1925, par. 2099 – 2117, and par. 2161 – 2174, Civil Code).

 

The Seller is responsible to the Buyer for the goods being faultless at their takeover. Moreover, the Seller is responsible to the Buyer, at the time when the Buyer took over the goods, for

a) the goods having the properties, which have been agreed by the parties; and if there is lack of agreement, for the goods having such properties, which the Seller or the manufacturer have described or which the Buyer has expected with regard to the nature of the goods; and for the goods of this type usually used based                   on the advertisement made by the Seller or manufacturer,

b) the goods corresponding by their quality or manufacture to the agreed sample or model if the quality or manufacture have been defined according to the agreed sample or model,

c) the goods being of the adequate quantity, measure, or mass.

 

The provisions as specified in this article shall not apply to the goods sold at lower prices due to a fault, due to which the lower price was agreed; due to wear and tear of the goods caused by their usual use; to used goods for a fault corresponding to the extent of use or wear and tear, which the showed at the takeover by the Buyer; or, if this results from the nature of the goods.

 

A possible claim due to the goods being harmed by transport does not entitle the recipient to retain the payment or to extend the maturity term.

 

The Buyer is obliged to inspect the goods immediately after their takeover. If the Buyer finds out any harm to the supplied goods caused by transport, it is obliged to record this fact at the takeover in the delivery note and the shipping note and to have it confirmed by the carrier.

 

The Seller shall decide on the method of a justified claim solution in accordance with applicable legal regulations - by repair of the faulty goods, their replacement, repayment of the purchase price, or by providing a discount.

 

The guarantee period is 12 months. The guarantee certificate is fully replaced by an accounting document (invoice) issued by the Seller.  

 

The guarantee does not especially cover any standard wear and tear of the thing due to its use; in addition, it does not cover defects caused by any unprofessional assembly/installation, neglect of the recommended maintenance, and use of the goods in contradiction with the instructions for use.

 

Discounts on quantity and individual discounts are provided by the Seller solely based on agreement.

 

 

 

 

Article VI Special provisions for Consumer´s claim

Pursuant to this article, it is only the Buyer who is the Consumer at the same time whom it pertains to exercise the rights resulting from liability for faults. This article does not cover the cases when the Buyer is a legal entity or a person who acted at the contract conclusion based on own business activity or independent performance of profession.

 

The Buyer is entitled to exercise the rights resulting from faulty performance, which occurs with the consumer goods within the term of twenty-four months from takeover.  If the subject of purchase is the consumer goods already used, the contract parties have agreed that the terms to exercise the rights resulting from defective performance shall be reduced to a half of the legal term in accordance with provisions of par. 2168, Civil Code.

 

The previous section shall not apply:

a) for the thing sold at a lower price for a fault, due to which the lower price was agreed,

b) for the wear and tear of the thing brought about by its usual use,

c) for the used thing for a fault corresponding to the extent of use or wear and tear, which the thing had at the takeover by the Consumer, or

d) if it results from the nature of the thing.

 

If the faults of the goods were not claimed to the Seller within the guarantee period, then the rights resulting from the liability for faults of the thing shall expire.

 

The places to assert the claim for the faults are the Seller´s premises at the address EKO - CONTAINER SERVICE, s.r.o., Kampelíkova 767/2a, Kukleny, 500 04 Hradec Králové, and the Seller´s premises at the address Za Drahou 189, 517 21 Týniště nad Orlicí. The Consumer may bring the claimed goods personally on weekdays from 9:00 a. m. to 3 p. m. When asserting the claim, it is necessary for the Consumer to enclose a copy of the purchase document and the Consumer is also obliged to describe the goods faults understandably and possibly also suggest how the claim should be handled.

 

The Consumer´s requirements of the claim for faults result from applicable legal regulations, especially Act No. 89/2012 Coll., Civil Code, as applicable, especially as follows:

 

If the thing does not have the properties as specified in par. 2161, Civil Code, the Consumer may also require a supply of a new thing without faults, if it is not inadequate in respect of the fault nature; but, if the fault concerns only a part of the thing, the Consumer may require only the part replacement; if this is not possible, the Consumer may withdraw from the contract. Nevertheless, if it is inadequate with respect of the fault nature, especially if the fault can be removed without any unnecessary delay, the Consumer has the right of the fault removal free of charge.

The Consumer also has the right of supply of the new thing or the part replacement in case the fault is removable, if the Consumer cannot use the thing properly due to the fault re-occurrence after repair, or for more faults.  In the case like that the Consumer has the right to withdraw from the Contract too.

 

If the Consumer does not withdraw from the Contract or if the Consumer does not exercise the right of supply of the new thing without faults, replacement of its part or repair of the thing, the Consumer may require an adequate discount. The Consumer has the right of the adequate discount of the price even in case when the Seller cannot supply the Consumer with the new thing without faults, replace parts of it or repair the thing as well as in case when the Seller does not seek the remedy within an adequate time, or if the remedy seeking incurs considerable problems to the Consumer.

 

The right resulting from the faulty performance does not pertain to the Consumer if the Consumer knew before the takeover of the thing that the thing had a fault, or, if the Consumer personally caused the fault. Moreover, the Seller is liable neither for any damage incurred by an unprofessional use of the product, nor for any damage incurred by external events and wrong handling. The guarantee does not cover such defects, either. The guarantee does not cover standard wear and tear of the thing (or its parts) caused by standard use. A shorter service life of the product cannot be considered as a fault, and there is not any reason to assert a claim.

 

The contract parties have agreed that the courts of the Czech Republic shall have jurisdiction to hear any disputes between the operator and the Buyer. Possible disputes between the Seller and the Consumer can be solved by an out-of-court settlement.  In that case the Consumer may contact the subject of the out-of-court settlement of the disputes, which is e. g. the Czech Trade  Inspection , or to solve the dispute online via the ODR platform established for such purposes.  Before the out-of-court settlement commences, the Seller shall recommend to the Buyer to use the electronic address ecs@ecs-obaly.cz to solve the arisen situation.  

 

In case any questions have arisen about the claim the Consumer may contact the Seller on the telephone number +420 495 535 707 (on weekdays from 9 a. m. to 3 p. m.), or by email ecs@ecs-obaly.cz.

 

Article VII Withdrawal from Contract within legal term

The right to withdraw from the Contract pursuant to this article pertains solely to the person in position of the Consumer. This article does not especially cover the cases when the Buyer is a legal entity or acts based on own business activity or independent performance of profession.

If the Contract concluded by means of a distance communication, the Consumer has the right to withdraw from the Contract within 14 days without giving reason and without any sanction. The term pursuant to the first phrase is running from the day of the Contract conclusion, and if it is

a) the Contract of Purchase, from the day of the goods takeover,

b) the Contract, the subject of which is a supply of several types of goods or a supply of several parts, from the day of the takeover of the last supply of the goods, or

c) the Contract, the subject of which is a regular repeated supply of the goods, from the day of the takeover of the first supply of the goods.

 

If the Consumer exercises the right to withdraw from the Contract, the term of the withdrawal pursuant to the previous section is considered to be observed if the Consumer sends to the Seller, within the term, a notice with the information that the Consumer withdraws from the Contract; the notice must be addressed to the Seller´s premises at the address EKO - CONTAINER SERVICE, s.r.o., Kampelíkova 767/2a, Kukleny, 500 04 Hradec Králové, or to the Seller´s premises at the address Za Drahou 189, 517 21 Týniště nad Orlicí. The withdrawal must specify the Contract, from which the Consumer withdraws, date of the withdrawal, name and address of the Consumer, and also the number of account, on which the Consumer wants the money to be remitted on condition that the withdrawal is justified. For a prompt communication it is also recommended to specify the Consumer´s telephone number or email address.  

The Consumer is obliged to send or hand over to the Seller, without any unnecessary delay, but within 14 days after the withdrawal from the Contract at the latest, the goods received from the Seller, and also a copy of the purchase document. The returned goods must not be sent cash on delivery. The goods must be complete (including accessories and all documentation), intact and without any sign of wear and tear. In opposite case the Seller is entitled to subtract the amount of the loss incurred by the harm to the goods, and the damages may even be equal to the goods purchase price. The Consumer is especially obliged to take care that the goods are not harmed by transport, i. e. to provide the goods with a suitable packaging.

 

The Consumer cannot withdraw from the Contract pursuant to this article especially in the following cases of the Contract of

a) the provision of services, if they were provided with the Consumer´s express consent before the withdrawal term elapsed,

b) the supply of goods or service, the price of which depends on the financial market variations beyond the Seller´s will and which may occur during the withdrawal term,

c) the supply of goods, which were modified on the Consumer´s request or for the Consumer personally,

d) the repair or maintenance carried out on request at the place specified by the Consumer; this does not apply in case of a subsequent performance of other than required repair works or supply of other than required spare parts,

e) the supply of goods in a closed packaging, which were removed from the packaging and that is why it is impossible to return them for hygienic reasons.

If a gift was provided to the Customer together with the goods, the deed of gift between the Seller and the Consumer shall be concluded with a condition subsequent determining that if the Consumer withdraws from the Contract, the effect of the deed of gift shall expire, and the Consumer shall be obliged to return the provided gift together with the goods.

 

If the Consumer withdraws from the Contract, it is obliged to bear the costs related to the goods return, including the costs of the goods return when the goods, due to their nature, cannot be returned by standard post. The Seller shall remit the money to the Consumer within 14 days from the withdrawal from the Contract, but not earlier than the Consumer hands over the goods or proves that the goods have been dispatched. The Consumer is also responsible to the Seller especially for the reduction of the goods price, which arose as a result of handling the goods in other than suitable way with regard to their nature and properties.

 

The Seller is entitled to unilaterally offset the claim for indemnity for damage incurred to the goods against the Consumer´s claim for the purchase price repayment.

 

Article VIII Final provisions

These Commercial Conditions are applicable in the version presented at the Seller´s website on the day of conclusion of the Contract of Purchase.  The Consumer´s purchase order shall be saved, after having been confirmed, as the Contract concluded between the Buyer and the Seller. By the moment of conclusion of the Contract of Purchase the Buyer accepts all provisions of the Commercial Conditions as applicable on the day of the purchase order dispatch, including the price of the ordered goods specified in the confirmed purchase order, unless provably agreed otherwise for a particular case.

 

The Seller in relation to the Buyer is not bound by any special behavior codes in the meaning of provisions of par. 1826 section 1 letter e), Civil Code.

Protection of the Consumer´s privacy is regulated by the Information of personal data processing.

 

The Seller may change or amend the text of the Commercial Conditions. This provision does not affect the rights and obligations arisen during the term of effect of the previous version of the Commercial Conditions.
 

In Hradec Králové on the day 1st January, 2021