Terms and Conditions

 

These general terms and conditions for wholesale trade (hereinafter referred to as " terms and conditions ") apply to contracts concluded through the online store located on the web interface www.bateriecentrum.cz (hereinafter referred to as the " web interface "), possibly by another remote method,

between company:

BATERIECENTRUM, sro , with registered office at Michalkovická 2031/109c, 710 00 Ostrava
ID: 25361848
VAT number: CZ25361848
registered in the commercial register maintained by the Regional Court in Ostrava, section C, insert 14912

Address for delivery: BATERIECENTRUM, sro, Říční 974/2, 739 32 Vratimov
Address of delivery point and warehouse: BATERIECENTRUM, sro, Říční 974/2, 739 32 Vratimov

Phone number: +420 596 245 841
Contact e-mail: info@bateriecentrum.cz

as a seller

and an entrepreneur or legal entity

as a buyer
(both hereafter together also only as " contracting parties ").
               

1. INTRODUCTORY PROVISIONS

1.1.The terms and conditions define and specify the basic rights and obligations of the contracting parties when entering into a contract for the sale of goods or other contracts listed here (hereinafter collectively referred to as the " contract ") through the web interface.

1.2.The terms and conditions are an integral part of the contract. Provisions deviating from the terms and conditions can be negotiated in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions. The wording of the terms and conditions may be changed or supplemented by the seller. The rights and obligations of the contracting parties are always governed by the wording of the terms and conditions under which they came into effect. The rights and obligations of the contracting parties are further governed by the Complaints Regulations and the conditions and instructions given on the web interface, especially when concluding the contract. In matters not regulated here, the relations of the contracting parties are governed by legal regulations, in particular Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as " Civil Code ").

1.3.These terms and conditions apply to buyers who are entrepreneurs and legal entities. These terms and conditions do not apply to contracts concluded with consumers.

1.4.By sending the order, the buyer confirms that he has familiarized himself with these terms and conditions and that he agrees with their content.
 

2. ORDER AND CONTRACT CONCLUSION

2.1.The web interface contains a list of goods, including a description of the main features of each item.The presentation of the goods on the web interface is of an informative nature and is not a proposal by the seller to conclude a contract in the sense of § 1732 para. 2 of the Civil Code.In order to conclude the contract, it is necessary for the buyer to send an order and for the seller to accept this order.

2.2.The buyer places the order through the web interface, by phone, e-mail or in any other way that the seller allows. The order must always contain the exact name of the ordered goods (or the numerical designation of the goods), the number of goods, the chosen method of payment and transport 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 at the request of the seller, by sending a copy of the trade or other authorization or an extract from the commercial register to the seller's contact e-mail.

2.3.The seller is not obliged to confirm the received order. An unconfirmed order is not binding for the seller. The seller is entitled to verify the order in case of doubts about the authenticity and seriousness of the order. The seller may reject an unverified order.

2.4.The contract is concluded at the moment when the acceptance of the binding order by the seller was delivered to the buyer. If acceptance does not occur, the contract is concluded when the buyer pays the entire purchase price.

2.5.Acceptance of the seller's offer with any deviation is considered a new offer by the buyer. The contract is concluded only if the seller accepts this offer (§ 1740 para. 3 of the Civil Code does not apply).

2.6.Cancellation or changes to the order are only possible after agreement with the seller. In case of cancellation of the order by the buyer, the seller is entitled to a cancellation fee of 50% of the price of the goods.
 

3. TERMS OF DELIVERY

3.1.The delivery time depends on the current availability of the goods. The delivery time can be found by asking the seller.

3.2.The seller is obliged to deliver the goods to the buyer in the agreed manner, properly packed and equipped with the necessary documents. The necessary documents are, in particular, instructions for use, certificates and other documents necessary for taking over and using the goods. Unless otherwise agreed, documents are provided in the Czech language.

3.3.Based on the agreement of the contracting parties, the seller can arrange for the buyer to transport the goods and insure the goods for the duration of the transport. The buyer is obliged to pay the cost of transport and insurance according to the carrier's valid tariff. The delivery of the goods to the buyer is considered to be the handover of the goods to the first carrier. Unless expressly agreed otherwise, the place of delivery is the seller's warehouse.

3.4.If the buyer arranges his own transport, the goods will be prepared for the buyer in the seller's warehouse, unless otherwise expressly agreed.

3.5.The risk of damage to the goods passes to the buyer upon receipt of the goods or the moment when the buyer is allowed to handle the goods (regardless of whether the buyer accepts the goods or not).

3.6.Before taking over the goods, the buyer is obliged to check the integrity of the packaging of the goods and to report any defects to the transporter immediately. A report will be written about the defects. If a defect report is not drawn up, the buyer loses the claims arising from the damaged packaging of the goods.

3.7.Immediately after receiving the goods, the buyer is obliged to check the goods, in particular he is obliged to check the number of pieces of goods and their completeness. In case of non-compliance, he is obliged to notify the seller without undue delay, but no later than within 2 working days of receiving the goods. The buyer is obliged to document detected defects in an appropriate manner and send this documentation to the seller together with the notification of the defect.

3.8. Non-acceptance of the goods by the buyer does not affect the seller's right to demand full payment of the purchase price.

3.9.In the event that the buyer does not take over the goods even after an express request from the seller within an additional period of at least 2 weeks from the delivery of the seller's request, the seller has the right to sell the goods at the buyer's expense in an appropriate manner. The proceeds of the sale, from which the seller will deduct the costs associated with the transport, safekeeping and storage of the goods, will be sent to the buyer to the account that the buyer will inform the seller for this purpose.

3.10.If the goods are delivered on pallets, the pallets are charged to the buyer at their purchase price. The exchange of pallets can also be agreed between the seller and the buyer. Pallets and interlayers are charged at the value of 250 CZK / pc (EUR pallet), 120 CZK / pc (pallet without marking) without VAT with a possible return and billing for the same price in undamaged condition within 90 days of the delivery of the goods. It is also possible to exchange them upon receipt of the goods. No additional packaging materials are charged.
 

4. PAYMENT TERMS

4.1.The buyer has the option to pay the purchase price in one of the following ways:


  1. a) when taking over the goods:
  • in cash (in case of personal collection)
  • cash on delivery (when using a carrier);

  1. b) after delivery of goods:
  • by transfer to the seller's bank account on the basis of the tax document (invoice) at the due date indicated on the invoice.


The seller is entitled not to allow payment of the goods after delivery of the goods. This payment method is usually reserved for regular customers. Unless otherwise agreed, the invoice is attached to the goods together with the delivery note.


4.2. In the event of non-compliance with the due date according to these terms and conditions, the buyer may be charged interest on late payment in the amount of 0.1% of the amount due for each day of delay. The seller's claim to compensation for damages incurred by the buyer's delay is not affected by this.

4.3.In the event of the buyer's delay in payment of the price of the goods, the seller is also entitled to suspend further agreed deliveries of goods until the payment of all due obligations of the buyer.

4.4.Payment for goods is possible in Czech crowns (CZK) or euros (EUR).
 

  1. WITHDRAWAL FROM CONTRACT

    5.1.Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return to the buyer the purchase price, which has already been paid by the buyer, without cash to the account communicated to him for this purpose by the buyer or the account from which the funds were transferred to pay the purchase price (if the buyer does not notify the seller of any within 5 days of withdrawal).

    5.2.The seller is also entitled to withdraw from the contract if the buyer is in arrears with the payment of the purchase price of the goods for more than 4 weeks.

    5.3.The buyer is entitled to withdraw from the contract if the seller is in arrears with the delivery of the goods for more than 4 weeks from the agreed delivery date.

    5.4.The buyer is not entitled to withdraw from the contract regarding goods that have been delivered properly, on time and without defects.

    5.5.Withdrawal from the contract must be made in writing and, in the case of contracts negotiated electronically, also electronically. Withdrawal from the contract is effective upon delivery of the notice of withdrawal to the other contracting party.

    5.6. If a gift was provided together with the goods, the gift contract loses its effectiveness upon withdrawal from the contract by any of the contractual parties.
     

    6. RIGHTS FROM DEFECTIVE PERFORMANCE

    6.1.The conditions for exercising rights from defective performance and warranty liability are governed by the Seller's Complaints Regulations.
     

    7. PROTECTION OF TRADE SECRETS AND BUSINESS POLICY OF THE SELLER

    7.1.During the negotiation of the contract and its performance, information that is marked as confidential or whose confidentiality results from its nature may be communicated to the buyer. The buyer undertakes the following information in particular:
  • keep confidential;
  • not to provide them to another person without the consent of the seller;
  • not to use them for a purpose other than the fulfillment of the contract;
  • not be used in any other harmful way.


7.2.Furthermore, the buyer undertakes not to make copies of documents given to him by the seller without the consent of the seller.

 
8. FINAL PROVISIONS

8.1.If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, then the contracting parties agree that the relationship is governed by Czech law (excluding the use of the UN Convention on Contracts for the International Sale of Goods).

8.2.If any provision of the terms and conditions is invalid or ineffective or unusable, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision does not affect the validity of the other provisions. Changes and additions to the contract or terms and conditions require written form.


These terms and conditions are valid and effective from 14 4. 2021.

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Baterie Centrum, s.r.o.
Říční 974/2
73932 Vratimov
Česká Republika
Business Reg. No.: 25361848
VAT ID: CZ25361848
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phone+420 596 245 841
(Po-Pá 7:30 - 16 hod.)
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