Terms of delivery

General Terms and Conditions

1. General Provisions

1.1 . Both the General Terms and Conditions and the Warranty Terms and Conditions of the “ben-zerba.cz” e-shop (“General Terms and Conditions”) are applied when shopping at the “ben-zerba.cz” e-shop.
1.2 These General Terms and Conditions define rights and obligations of both the Seller and the Buyer (“Buyer” or “Customer”). Below you will find the general information about the Seller: 
Company: Ben-Zerba s.r.o.
Registered office: Ostrovského 1332/4, Praha 5
Company Number: 291 43 454,
VAT Number: CZ 291 43 454
e-mail:             info@ben-zerba.cz
Phone:             +420 257 213 625
The company is registered with the Commercial Registry of the Metropolitan Court in Prague, Section C, File 203605 (“Seller” or “Ben-Zerba”)
1.3 All goods are delivered (accepted) under the laws and legal regulations of the Czech Republic and the same applies to deliveries made to and from abroad.
1.4 Where the Buyer is a consumer, any relations not regulated under the General Terms and Conditions will be regulated by the Civil Code (Act No. 40/1964 Sb., as amended (“Civil Code”) and Consumer Protection Act No. 634/1992 Sb., as amended (“Consumer Protection Act”). 
1.5 Where the Buyer is an entity other than a consumer, any relations not regulated under the General Terms and Conditions will be regulated by the Commercial Code (Act No. 513/1991 Sb., as amended) and Sections 3.6, 6.1, 6.2 and 7.1 of the General Terms and Conditions will be no longer valid and will not apply to such a business and legal relation.
1.6 By entering into the purchase agreement, the Buyer confirms that it has read the General Terms and Conditions, is aware of their contents and agrees with them. The General Terms and Conditions form an integral part of the concluded purchase agreement.
 
2. How to Enter into the Purchase Agreement, Prices

2.1. The purchase agreement will be entered into as follows. A purchase order (“PO”) sent by the Buyer forms a draft of a purchase agreement. The purchase agreement is entered into by way of accepting this draft; that means when the Seller confirms the purchase order in a binding manner via e-mail to the Buyer. Both the purchase order sent the Buyer and its binding confirmation by the Seller is deemed to be delivered when each party which it was intended for has access to it. At that moment, both the Buyer and the Seller are bound by mutual rights and obligations ensuing from the purchase agreement. When a Buyer finds any errors or other discrepancies in the order confirmation, it shall advise the Seller via e-mail accordingly before the Seller sends a notice that the goods have been dispatched. 
2.2 All prices in our price list (catalogue) include VAT of 21%.
2.3 All prices in our price list (catalogue) are listed in Czech korunas, Euros and US dollars.
2.4 The Seller reserves the right to change its prices without any special notice; however, the Buyer is guaranteed the price valid at the moment when the purchase order was made.
 
3. Delivering and Accepting the Goods; Rights and Obligations of the Parties 

3.1 By entering into the purchase agreement, the Seller is obliged to deliver (hand over) the goods to the Buyer and the Buyer is obliged to accept the goods and pay the agreed price.
3.2 Unless otherwise agreed in writing, packaging and delivery costs will be borne by the Buyer.
3.3 The Seller undertakes to deliver the goods to the Buyer free of any defects and in compliance with the laws of the Czech Republic.
3.4 Legal title to the goods shall be passed on to the Buyer once the purchase price is settled in full. The risk of incidental destruction or deterioration of the goods shall be passed on the Buyer once the goods are delivered and handed over to the Buyer.
3.5 If the Buyer does not accept the goods, the Buyer shall also cover delivery costs for the goods to be sent back to the warehouse and storing charges. 
3.6 Under s. 53 (7) of the Civil Code, the Buyer – a consumer has the right to withdraw from the purchase agreement within 14 days after the goods are accepted. In such case, the Seller will be compensated for any expenses incurred in relation to purchasing/selling and returning the goods. Such expenses also include expenses with reinstating the goods to their original condition if the goods were damaged or visibly worn out. If the goods returned are damaged, no longer in function, incomplete or visibly worn out, the Customer will receive back the purchase price minus any expenses incurred to the Seller when reinstating the goods to their original condition. This does not deprive the Seller of his right to claim damages. 
3.7 In the event of any unforeseen circumstances of force majeure, the Seller is not held responsible for the delivery of the goods in a duly and timely manner. 

4. Payment Conditions
 
4.1 Unless agreed otherwise, the Buyer will only receive the goods when the purchase price, delivery costs and packaging are settled in full. 
4.2 The Seller accepts payments made by VISA and MasterCard cards, a credit transfer, Paypal, cash-on-delivery or in cash.
4.3 Payments may be made directly to the Seller or to an individual or an entity authorized by the Seller.
4.4 (in Czech only): "Podle zákona o evidenci tržeb je prodávající povinen vystavit kupujícímu účtenku. Zároveň je povinen zaevidovat přijatou tržbu u správce daně online; v případě technického výpadku pak nejpozději do 48 hodin."

5. Discounts 

5.1 Any discounts are subject to a mutual agreement made between the Seller and the Buyer if it refers to deliveries made over a long period of time (on a continuous basis) or deliveries of a large quantity of goods.
 
6. Liability for Defects, Warranty
 
6.1 The Seller ensures that the goods, when accepted by the Buyer, comply with the purchase agreement and they are free of any defects.
6.2 If the goods, when accepted by the Buyer, do not comply with the purchase agreement (contrary to the purchase agreement), the Buyer may ask the Seller to reinstate the goods to the conditions agreed under the purchase agreement. The Seller must do so free of charge, without any delay and, as per the Buyer’s instructions, by way of exchanging or repairing the goods. If this is not possible, the Buyer may ask for an adequate discount on the purchase price or it may withdraw from the agreement. This does not apply if the Buyer had been aware of the fact that the goods were in contrary to the purchase agreement before it accepted the goods or if the Buyer’s acting resulted in this situation.  
6.3 The Seller is held responsible for any defects that are in contrary to the purchase agreement and discovered during the warranty period (warranty) after the goods are accepted. The invoice for the goods delivered is also deemed to be a certificate of warranty.
6.4 The Seller is not held responsible for any defects that were caused by transport of the goods arranged by the Buyer or by unprofessional handling or installation done by the Buyer.
6.5 The warranty does not apply when the goods are worn out as a result of usual wear and tear, inadequate use or treatment, weather conditions, unprofessional handling and willful damage; in addition, it does not apply to defects explicitly mentioned in the purchase agreement.
6.6 For the Buyer – a consumer, the warranty period is set at 24 months; for the Buyer – another entity, the warranty period is set at 6 months.
6.7 The warranty period commences on the day when the Buyer accepts the goods.
6.8 Rights ensuing from the liability for defects that are subject to the warranty period will extinguish if not enforced during the warranty period.
6.9 The Buyer must check the goods immediately after delivery. The Buyer must inform the Seller about any defects without any undue delay.
 
7. Warranty Terms and Condition
 
7.1 The Buyer may deliver its warranty claim to the Seller in any way whatsoever.
7.2 The Buyer must prove that it has entered into the purchase agreement in respect of the goods that is subject to the warranty claim. This may be done for instance by way of presenting the invoice.
7.3 The Seller or any employee authorized by him will decide about the Buyer’s (consumer’s) warranty claim immediately or, if the claim is rather complicated, within 3 working days. This term does not include the time needed for professional assessment of the defect, as adequate for each type of goods. Unless the Seller agrees with the Buyer (a consumer) otherwise, any warranty claim, including the removal of the defect must be processed without any undue delay, no later than 30 days of the delivery of the warranty claim. The term of 30 days is not binding for the Buyer (another entity) whose relation with the Seller is regulated by the Commercial Code.
 
8. Final Provisions
 
8.1
All and any contractual relations will be regulated by the laws of the Czech Republic.
8.2 The General Terms and Conditions become effective on the day when published and will be applied to every orders made on this day and later. The Seller reserves the rights to change the General Terms and Conditions. The General Terms and Conditions replace the previous general terms and conditions on the day when published. However, the general terms and conditions valid on the day when an order is made will be applied to each particular purchase agreement.
8.3 The Buyer may not assign its debt (i.e. its obligation to pay to the Seller) ensuing from the purchase agreement to any third party without a prior consent granted by the Seller.

9. Personal Data Protection

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