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Terms and conditions for B2B online shopping

Terms and conditions of DI industrial spol. s r.o., Purkyňova 3050/99a, Královo Pole, 612 00 Brno, ID: 60710268, entered in commercial register kept at the Regional Court in Brno, Section C, File No 15477 (further as „seller“), for online e-shop on www.diindustrial.com.

1.

Initial provisions

1.1.These terms and conditions (further as “terms and conditions“) of the seller define, in accordance with the provision of § 1751 Art. 1 of Act No 89/2012 Coll., Civil Code, as amended (further as “civil code”), the mutual rights and obligations of the parties occurred in relation or upon purchase contract (further as “purchase contract”) concluded between the seller and other party (further as “buyer“) through the seller’s online e-shop. The seller runs the online e-shop on the www.diindustrial.com website (further as “website”) through the website interface (further as ”e-shop web interface”).
1.2.The terms and conditions do not apply to cases when the party intending to buy goods from the seller is a consumer according to § 419 of the civil code.
1.3.Provisions differing from the terms and conditions can be arranged in a purchase contract. Differing provisions stated in the purchase contract precede the provisions of the terms and conditions.
1.4.Provisions of the terms and conditions are an inseparable part of a purchase contract.
1.5.The seller may change or amend the wording of the terms and conditions in their entire scope. The change will be communicated to the buyer by notice sent to the buyer’s e-mail stated in his user account. The change of terms and conditions does not affect the rights and obligations of the parties issuing from purchase contracts made prior to the effective date of the changes in the terms and conditions. To determine the content of a purchase contract, terms and conditions valid and effective on the day when the buyer proposes to make a purchase contract shall be used. If the buyer disagrees with the change of the terms and conditions he is entitled to withdraw from any ongoing obligations issuing from these terms and conditions that do not issue from purchase contracts, within one week from the date when the change of terms and conditions was communicated to him, and with cancellation period of one week after the date of delivery of the cancellation notice to the seller.

2.

User account and registration

2.1.Upon the buyer’s request submitted through the website the buyer shall receive a registration application form (further as “registration application”). The buyer shall fill in the form and send it to the seller. The seller shall consider the registration application and in case of positive result he shall register the buyer in his online shop (further as “registration”). Registration can be also done through the e-shop web interface if the interface allows it. All actions relating to registration can be carried out electronically or in another way.
2.2.After the registration the buyer may enter his user interface (further as “user account”) available through the e-shop web interface. From his user account the buyer can order goods.
2.3.When filling the application as of Art. 2.1 and when ordering goods, the buyer shall state full, correct, and true information. The buyer shall immediately update all information entered in the user account if any change occurs. Information stated by the buyer in the user account and during ordering goods is considered correct. Stating incorrect information or failure to update it in the user account prior to placing an order is a substantial violation of the purchase contract and is a reason for cancelling the buyer’s registration. The buyer is responsible for any damage caused to the seller by stating incorrect registration in his user account or during ordering goods. In particular, the buyer shall pay to the seller the costs that the seller expended in vain due to incorrectly stated information in the user account or information incorrectly entered by the buyer during ordering.
2.4.Access to the user account is secured with user name and password. The buyer shall treat the information regarding the access to his user account as confidential. If a password is compromised the buyer shall act immediately to prevent misuse of the user account by a third party, otherwise he shall be held responsible for the occurred damage.
2.5.The buyer is hall only allow access to his user account to persons eligible for acting on his behalf, who may act through his user account and make purchase contracts on his behalf. Any legal action performed through the buyer’s user account is considered legal action performed by the buyer. The buyer is not entitled to allow third persons use his user account.
2.6.The seller may cancel or temporarily lock the user account, especially if the buyer violates his obligations issuing from the purchase contract (including contractual conditions) or if the buyer demonstrates behaviour conflicting with the law or good manners.
2.7.The buyer acknowledges that the user account may not be accessible permanently, especially due to necessary maintenance of the hardware and software equipment of the seller, or due to necessary maintenance of hardware and software equipment of third parties.
2.8.The buyer agrees with keeping of records about his legal actions related to ordering goods and making purchase contracts, including all relating documents. The buyer acknowledges that these records and documents are kept in accordance with the conditions of § 562 of the civil code.
2.9.By registering and every access to his user account the buyer demonstrates his consent with these terms and conditions.

3.

Making a purchase contract

3.1.Presentation of goods placed on the e-shop web interface is an offer with the exclusion of selling out or the seller’s lack of ability to perform.
3.2.The e-shop web interface contains information about goods, including listing of prices of the individual products. This provision does not affect the seller’s ability to make a purchase contract under individually agreed conditions. The seller reserves the right to not make the purchase contract and right to withdraw from a purchase contract in case of prices listed obviously incorrectly due to seller’s error or in case of selling out.
3.3.Information about costs related to packaging and delivery of the goods listed in the e-shop web interface applies only in case when the goods are delivered within the Czech Republic, unless stated otherwise in the web presentation.
3.4.To order goods, buyer fills in an order form in the e-shop web interface (further jointly as “order”). The order form may contain the following information about the ordered goods:
3.4.1.definition of the goods ordered; and
3.4.2.payment method, requested way of delivery, and possibly also
3.4.3.information about costs related to goods delivery.
3.5.Prior to sending the order to the seller the buyer may check and change the information entered into the order, with respect to the buyer’s possibility to check and correct errors occurred during the entering of data into the order. The buyer shall send the order to the seller by clicking the relevant button in the e-shop web interface. The information listed in the order is considered correct by the seller. By sending the order the buyer confirms that he had thoroughly read and understood these terms and conditions and that he agrees with them. By sending the order the purchase contract is made.
3.6.The seller is entitled, but not obliged, depending on the character of the order (especially goods quantity, purchase priced, expected shipping cost) to request an additional order confirmation from the buyer. If the buyer does not confirm the order in this situation. The seller may withdraw from the purchase contract.
3.7.The seller is entitled to confirm the delivery of the order to the buyer by an electronic mail message to the buyer’s electronic address stated in his user account (further as “buyer’s e-mail address”).
3.8.The buyer agrees with the use of remote means of communication during the making of the purchase contract. Costs occurred to the buyer when using remote means of communication relating to the making of a purchase contract (internet connection cost, phone call cost, etc.) is paid by the buyer.

4.

Price of the goods and payment conditions

4.1.The buyer may pay the price of the goods and potential other costs related to packaging and delivery of the goods according to the purchase contract to the seller as follows:
4.1.1.in cash upon receipt at the seller’s store;
4.1.2.in cash upon delivery at the delivery address stated in the order;
4.1.3.by wire transfer to the seller’s account – in such case the purchase price or advance payment shall be paid before the dispatching of the goods by the seller;
4.1.4.by other means, if the seller offers them.
4.2.Together with the purchase price the buyer shall pay to the seller the costs related to the packaging and delivery of the goods, as agreed. Unless expressly stated otherwise, the purchase price means price covering also the costs relating to the packaging and delivery of the goods.
4.3.The seller may request an advance payment from the buyer up to the purchase price, or any other similar payment. If the seller requests an advance payment he is not obliged to send or hand over the goods before the payment of the given advance by the buyer. The provision of § 2119 Art. 1 of the civil code shall not apply.
4.4.In case of a cashless payment the obligation of the buyer to pay the purchase price or advance payment is fulfilled by the moment of the crediting of the given sum to the seller’s account.
4.5.If it is common in the business contact, if determined by generally binding laws or if the agreed way of purchase price payment is wire transfer, the seller shall issue an invoice for payments upon the purchase contract. The seller is a VAT payer. The seller may issue the invoice in paper or in electronic form.

5.

Withdrawal from the purchase contract

5.1.The buyer may not withdraw from the purchase contract or request delivery of new goods if he cannot return the goods in the same condition as he purchased it. This does not apply if:
5.1.1.change of condition occurred due to inspection performed with due care in order to find faults of a product; or if
5.1.2.the buyer demonstrates that he used the goods before discovering the fault and presents evidence that he did not know and could not know about the fault before that.
5.2.The buyer pays the costs of the return. The provisions of § 2110 Items c) and d) of the civil code shall not apply.
5.3.The seller is entitled to withdraw from the contract anytime until the takeover of the goods by the buyer.

6.

Shipping and delivery

6.1.The goods may be delivered to the buyer by the following means:
6.1.1.delivery to the delivery address stated by the buyer in the order;
6.1.2.personal takeover of the goods at the seller’s store.
6.2.If the seller, according to the purchase contract, is entitled to deliver goods to the delivery address stated by the buyer in the order, the buyer shall take the goods over on this delivery address. The risks of damage on the goods transfer to the buyer in the moment the goods are shipped.
6.3.If there are reasons on the buyer’s part that require repeated delivery of the goods or other means of delivery than stated in the order the buyer shall pay the costs relating to the repeated delivery of the goods or costs related to other means of delivery.
6.4.If the buyer fails to take over the goods in an extended period determined by the seller, or fails to take over the goods during repeated delivery, the buyer shall pay to the seller a contractual penalty in the amount of 30 % of the purchase price. This does not affect the right to compensation of potentially occurred damage.
6.5.When taking goods over from the carrier the buyer shall check the intact state of the goods packaging, and immediately notify the carrier if there are any problems. If the packaging shows damage suggesting an unauthorized opening of the parcel the buyer does not have to take the shipment over from the carrier. If the buyer receives the shipment even if he found damage to the packaging as evidence of unauthorized opening of the parcel of if the carrier warned him about such damage to the packaging the buyer is not entitled to withdraw from the purchase contract or to claim rights from faulty performance.
6.6.Other rights and obligations of the parties during goods transport may be arranged by the seller’s special delivery conditions if the seller has issued them. If the seller issued special delivery conditions, they form an inseparable part of these terms and conditions and therefore also the purchase contract.

7.

Warranty and rights from a defective performance

7.1.The seller provides warranty of goods quality during one year from the day of goods delivery to the buyer.
7.2.The seller is not responsible for damage or defects of goods caused by handling the goods contradictory to the relevant documentation. The seller is not responsible for defects of goods caused by the buyer or third party.
7.3.Defective performance of the seller is a non-substantial violation of the purchase contract. Costs related to potential return of the originally supplied goods are borne by the buyer.
7.4.Rights from defective performance shall be claimed by the buyer to the seller at his business address. The moment of the claim is the moment when the seller receives the claimed goods from the buyer.
7.5.Other rights and obligations of the parties relating to the seller’s responsibility for defects may be arranged by claims and returns code of the seller if the seller issued it. If the seller issued a claims and returns code, it is an inseparable part of these terms and conditions and therefore also of the purchase contract.

8.

Other rights and obligations of the parties

8.1.The buyer gains ownership of the goods by purchasing the full purchase price.
8.2.Maximum amount of damage caused in relation to the performance of the purchase contract that the buyer may demand from the seller is limited to the price of the goods. Limitation according to the previous sentence shall not apply to cases of damage to natural rights, damage caused intentionally or by gross negligence.

9.

Personal data protection

9.1.Protection of the personal data of a buyer who is a physical entity is provided by Act No 101/2000 Coll. on personal data protection, as amended.
9.2.The buyer agrees with the processing of the following of his personal data: name and surname, address, business address, ID, VAT No, data mailbox identifier, electronic mail addresses, phone numbers (further as “personal data”).
9.3.The buyer agrees with the processing of personal data by the seller, for the purposes of performing rights and obligations from the purchase contract and for the purpose of maintaining the user account. Unless the buyer selects any other option, he agrees with the processing of his personal data by the seller also for the purpose of sending information and business messages to the buyer.
9.4.The buyer acknowledges that he shall state his personal data (during registration, in his user account, during ordering from the e-shop web interface) correctly and fully, and that according to the business conditions he shall update this data without unnecessary delay.
9.5.The seller may delegate a third party to process the buyer’s personal data. The seller shall not disclose personal data of the buyer without buyer’s previous consent, except to entities delivering the goods.
9.6.Personal data will be processed for an indefinite period. Personal data will be processed in electronic form by automated way or in printed form by non-automated way.
9.7.The buyer declares that the provided personal data is correct and accurate and that he was instructed on this provision of personal data being voluntary.
9.8.The buyer is has the right to access to his personal data and to correct incorrect personal data. The buyer acknowledges that each subject, which finds out or is suspecting that the administrator or processor processes his personal data in a way which is contradictory to protection of private and personal life of the data subjects or contradictory to law, especially if the personal data is inaccurate with regards to the purpose of their processing, he may request an explanation from the administrator or processor and demand that they remedy such situation. This may specifically relate to blocking, correcting, amending, or deletion of personal data.
9.9.If the buyer is a legal entity, the following provision shall apply as well. The representative or employee of the buyer who discloses his personal data to the seller, grants the seller by this action also the consent with the personal data being processed. Provisions of this Art. 9 of these terms and conditions shall appropriately apply to the processing of personal data.

10.

Business mailing and cookies

10.1.The buyer agrees with mailing of information relating to goods, services, or business of the seller to the buyer’s electronic address, and agrees also with mailing of business messages by the seller to the buyer’s electronic address.
10.2.The buyer agrees with saving so-called cookies in his computer. If a purchase on the website can be performed and obligations of the seller issuing from the purchase contract can be fulfilled without saving cookies in the buyer’s computer the buyer may revoke the agreement stated in the previous sentence.

11.

Delivery

11.1.The buyer may be duly delivered to the buyer’s electronic address (e-mail) stated in his user account. It is assumed that the written form of legal arrangement is preserved with this form of delivery.
11.2.It is assumed that the buyer was duly delivered by the moment of sending from the seller’s mailbox to the buyer’s mailbox stated in his user account (to the buyer’s electronic address). The buyer shall maintain his electronic mailbox stated in his user account in a functional state that allows for permanent delivering of messages from the seller.

12.

Final provisions

12.1.If a relation based on a purchase contract contains international (foreign) element, the seller and buyer agree that the purchase contract observes Czech law.
12.2.If any of the provisions of the terms and conditions happens to be invalid or ineffective, or becomes such, the invalid provisions shall be replaced by a provision that is as close to the invalid provision as possible. Invalidity or ineffectiveness of one provision does not affect the validity of other provisions.

In Brno, on 1 March 2017


Shipping information:

Transport to the point of delivery is provided by the seller, usually through specialised third party services, but always under the conditions that are part of the order. The seller reserves the right to change the carrier including the decision to deliver the ordered goods by own means, even without previous notice to the buyer. However, this change shall not reflect in reduced quality of delivery and change of its price. The delivery to the point of delivery does not include demonstration, installation, assembly, or mounting of the purchased goods.

Shipping and delivery rates:

    1) Geis Parcel – shipments up to 50 kg

Delivery to: all addresses in the Czech Republic

Delivery time: working days, usually within 24 hours (after receiving order shipping confirmation), between 8.00 AM and 6 PM

On the day of delivery the delivering driver will contact the recipient regarding an accurate time of shipment delivery. Unfortunately it is not possible to select an exact hour of delivery.

If the recipient is not present on the day of delivery, the delivering driver will leave a note in the mailbox and try deliver the parcel once again on the next working day.

You can track your Geis Parcel shipment online here.

Cash-on-delivery handling fee: CZK 35 for all parcels up to 50 kg weight and CZK 50,000.

When paying cash-on-delivery with a credit card a surcharge of 1.4 % from the total value of the order will be charged.

Pricelist

Parcel weightPrice in CZK excl. VAT
up to 20 kgCZK 85
21 – 34 kgCZK 95
35 – 50 kgCZK 130
    2) TNT parcel service – shipments over 50 kg within the Czech Republic, all international shipments

This service is only available for advance payment orders or wire transfer payment orders. No cash-on-delivery or credit card payment on delivery.

Pricelist for the Czech Republic (maximum parcel weight 500 kg)

Parcel weightPrice in CZK excl. VAT
51 – 60 kgCZK 350
61 – 70 kgCZK 400
71 – 100 kgCZK 480
100 – 500 kg+ CZK 3 per each kg over 100 kg
 

Large parcels (over 500 kg) will be arranged individually with the customer.

International shipments – the price depends on actual weight (or volumetric weight) according to valid pricelist of TNT export transports, or arranged individually with the customer.

    3) Personal pick-up

Personal pick-up on business address: Purkyňova 3050/99a, 612 00 Brno

Opening hours: Monday - Friday 6:30 AM – 1:00 PM

The customer shall check the shipment upon delivery or pick-up to make sure the packaging is intact and that the parcel shows no signs of damage. This check does not cover the contents of the parcel. If obvious signs of damage are detected by the buyer upon delivery, the buyer may refuse to take over the parcel and shall make a damage record with the carrier. The buyer shall report damage during transport to the seller without unnecessary delay. We recommend submitting this report in writing, through electronic mail, to the following address: eshop (eshop@diindustrial.com). If the customer takes over a visibly damaged parcel from the carrier it is necessary to describe the damage in the carrier’s handover protocol. The customer shall also check the number of parcels on the delivery note, which shall match the actual number of delivered parcels. If the number of parcels does not match the number of parcels delivered, the customer shall take over the shipment with the reservation stated in the transport document and shall report the claim in writing through electronic mail to the following address: eshop (eshop@diindustrial.com). The claim of missing parcel/parcels shall not be accepted if the buyer fails to send this report.

The customer shall pay real cost of transport (shipping fee) even if he does not take over the goods due to reasons on his part. If goods are shipped to the customer, and invoice will follow with the shipping fee sum stated on it. The above stated does not apply if the customer withdraws from the purchase contract in accordance with instructions in Art. 3 of the trades and conditions, in writing, and before the seller’s notification of goods being shipped.

You can pick up the goods in 5 working days from receiving an e-mail or SMS notification.

Personal pick-up is only possible on this address: Purkyňova 3050/99a, 612 00 Brno

After the expiration of the 5-day period the goods will be returned back to the store and the customer will be refunded the paid price to his account (in case of advance payment).