General Business Conditions for Wholesale
These General Business Conditions for Wholesale (hereinafter referred to as “Wholesale Conditions”) define and specify the relations between the parties entered into through the online shop www.tradeconcept.cz (located on the web interface https://www.tradeconcept.cz, hereinafter ” ) on the one hand, the seller, which is Trade Concept s r.o, 5. května 856/58, Prague 4, 140 00, Identification Number: 27096734 (hereinafter referred to as the “Seller” or “Trade Concept” and other party is the buyer (also referred to as the “Buyer”).
a) Seller: Trade Concept s.r.o
Company Headquarters (Billing Address): 5. května 856/58, Nusle, 140 00 Praha 4
The company is registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 95974.
The seller is a VAT payer.
IČO: 27096734, DIČ: CZ27096734
5. května 856/58, Nusle, 140 00 Praha 4
Phone: +420 222 710 810
b) Buyer entrepreneur or legal entity (hereinafter referred to as “Buyer”)
Buyer means a legal entity or an entrepreneur, respectively. the person who buys goods for resale or who carries out a trade activity in a trade or similar manner with the intention to do so for profit, or a person acting in the name or on behalf of the entrepreneur.
1. Introductory provisions
1.1 Business Terms and Conditions Trade Concept s.r.o. and the Terms of Business define and specify the fundamental rights and obligations of the parties to the Agreement on the Sale of Goods through the Web Interface (hereinafter referred to as “the Agreement”). The Seller undertakes, under the terms and conditions set forth in this Agreement, to execute supplies for the Buyer in accordance with the Purchaser’s orders and the Buyer undertakes to take over the ordered goods and pay the Seller the agreed price.
1.2 Terms of Business Trade Concept s.r.o. (https://tradeconcept.cz/podminky-prodeje/) are an integral part of the Agreement. Provisions derogating from the Business Terms and Conditions may be negotiated in the Agreement and these take precedence over the provisions of the Trade Concept s.r.o .. Trade Concept s.r.o. has the right to change or update the Terms of Business . The rights and obligations of the parties are always governed by the terms of the Trade Concept s.r.o. In matters not governed by these Terms, Wholesale Relationships shall be governed by the terms of the Trade Concept s.r.o., except for the provisions on consumer protection. In matters not dealt with here, the relations of the Contracting Parties are governed by the applicable legal regulations, in particular Act No. 89/2012 Coll., of the Civil Code, as amended.
1.3 By sending the Purchase Order, the Buyer confirms that he has become acquainted with the Terms and Conditions of Wholesale as well as terms of Trade Concept s.r.o
2. Order and conclusion of the contract
2.1 Buyer places an order through a web interface or telephone or e-mail communications. The order must always contain the exact name of the ordered goods (if applicable the identification number of the goods), the number of items, the payment and shipping method chosen and the buyer’s contact details (name and surname or company name, identification number, delivery address, telephone number, e-mail address ). The buyer is also obliged to prove that he is an entrepreneur by sending a copy of a trade or other license or extract from the Commercial Register to Seller’s contact e-mail.
2.2 The Seller is not obliged to confirm the order received. An unconfirmed order is not binding on the Seller. The seller is entitled to verify the order in case of doubt about the authenticity and seriousness of the order. Order that is can’t be authenticated may be rejected by the Seller.
2.3 The contract is concluded when the Buyer receives a binding order from the Seller.
2.4 The subject matter of the contract is only items explicitly stated in the order (hereinafter referred to as “Goods”). Weights, dimensions, and other data contained in catalogs, brochures and other printed matter are non-binding unless they are explicitly stated in the contract as binding. Seller agrees to deliver to its customers goods complying with the standards and regulations valid in the Czech Republic.
2.5 In the event of cancellation of an order by the Buyer without proven fault on part of the seller, the Seller shall be entitled to a cancellation fee of 50% of the price of the Goods.
3. Wholesale prices
3.1 On the webpage of Trade Concept s.r.o. the Seller provides the Buyer merchant rebates or wholesale prices for resale.
3.2 Buyer gets information about individual prices on the Web interface after registering and signing in to his / her account.
3.3 In the case of larger order or orders, in case of the projects, the Buyer has the possibility to request individual conditions (discounts, transport, etc.), which are part of the agreement of the parties.
4. Delivery and Payment Terms
4.1. If the goods are in stock, they are ready to be picked up in our external warehouse usually within 5 days of order confirmation. We also offer option to send the goods directly to the required address. If the merchandise is currently sold out, we can make a reservation and deliver the goods as soon as it is available. For the first order with us, we require payment in advance or upon receipt of the goods (can be paid in cash), for subsequent orders it is possible to pay based on invoice issued upon delivery of goods.
4.2 Before the goods are taken over, the Buyer is obliged to check the integrity of the goods packaging and notify the carrier immediately in case of any defects. A report will be written about the defects. If the defect report is not written, the Buyer loses the claims arising from the damaged packaging.
4.3 Immediately after the goods have been taken over, the Buyer is obliged to check the goods. In particular the buyer is obliged to check the number of pieces of goods and their completeness. In the event of a finding of non-compliance, the buyershall notify the Seller without undue delay but no later than within 2 business days of receipt of the goods. The Buyer is obliged to document the defects identified and send this documentation to the Seller along with the notification of the defect.
4.4. Seller is not responsible for damage to the goods caused during transportation unless it provided by him.
5. Withdrawal from the contract
5.1 Till the time of collection of goods buy the buyer, the Seller is entitled to withdraw from the purchase contract if he discovers serious reasons that prevent him from supplying the ordered goods to the Buyer, for example if on account of the producer, he is unable to meet the either required delivery or required design or required the quality of goods etc. eg the producer ceased to produce required design – change of material, color, etc.).
In such a case, Seller will return to the Buyer a portion of the purchase price already paid to the Buyer to the account notified to the Buyer for this purpose, or the account from which the funds were used to pay the purchase price
5.2 The Seller is also entitled to withdraw from the contract if the Buyer delays the payment of the purchase price of the goods for more than 2 weeks.
5.3 The buyer is entitled to withdraw from the contract if the seller delays the delivery of the goods for more than 40 days from the agreed delivery date.
5.4 Buyer is not entitled to withdraw from the contract in respect of goods that have been delivered properly, timely and without defects.
5.5 Withdrawal from the contract must be made in writing. Withdrawal from the contract is effective upon delivery of the notice of withdrawal to the other party.
6. Warranty Period, claims
The warranty period begins from the date of receipt of the goods by the buyer or the end user. Goods are shipped with 24 months warranty. Returned goods within the warranty period must be delivered to the headquarters of the firm including all the accessories that were packaged with the product and should be packed in the original packaging. The buyer places claim with the seller who resolves them usually within 3 business days, in complex cases up to 30 days. Claims are governed by §612 et seq. Of the Civil Code and within the meaning of Articles 13 and 19 of Act No.634 / 92 Coll. On Consumer Protection and in the wording of Act No. 104/95 SB and the Civil Code. Claims are usually resolved by exchanging, repairing, refunding or discounting the claimed product.
7. Rights on account of defective performance
7.1 The terms of claim for defective performance and warranty liability are governed by these Business Terms and Conditions.
8.1.Protection of the personal data of the Buyers, which is a natural person, is provided by Act No. 101/2000 Coll. on the Protection of Personal Data, as amended.
8.2. The Buyer agrees to processing of personal data nemly name and surname, identification number, tax identification number, e-mail address and telephone number (collectively referred to as “personal data”).
8.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
8.4. The Buyer acknowledges that he / she is required to state his / her personal data (when registering, in his user account, when ordering from the web interface) correctly and truthfully and that he is obliged to inform the seller of any change in his personal information without undue delay.
8.5.With regard to the processing of the buyer’s personal data, the seller may assign a third party as processor. Except to the persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer’s prior consent.
8.6.Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
8.7.The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
8.8.If the buyer believes that the seller or processor (Article 8.5) carries out the processing of his or her personal data which is contrary to the protection of the buyer’s private and personal life or contrary to law, in particular if personal data are inaccurate in the context of the purpose of their processing, may:
8.8.1 Request the seller or processor an explanation,
8.8.2 Request that the seller or processor remedy the resulting condition.
9. Final Provisions
9.1 If the relationship relating to the use of the Web Interface or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
9.2 If any provision of the Business Terms and Conditions is invalid or ineffective or unenforceable, such provisions shall be replaced by a provision that comes the closest to possible approximation of the invalid clause. The invalidity or ineffectiveness or inapplicability of one provision is without prejudice to the validity of the other provisions. Changes and additions to the contract or business terms are required to be executed in a written form.
9.3 In the case of specific orders, orders requiring non-standard terms, these requirements and individual terms can be dealt with in a separate Contract for Work (Purchase Contracts) for individual subcontracts, orders.
These General Business Terms and Conditions for wholesale are valid and effective from April 13, 2018.