BUSINESS CONDITIONS

Business conditions when buying via internet Diagnostic Shop from company IHR-TECHNIKA s.r.o.

 

1.General

Those business conditions conditioning rights and obligations between companies

IHR-TECHNIKA s.r.o.,
registered place Boleslavská 902, 29306 Kosmonosy, Czech Republik.

Company IdNo:49827847
TAX No:CZ49827847

 

file cover C 34366, registered company in Prague,
further just „seller",

 

on one side and buyers on the other.

 

Those business conditions conditioning differently rights and obligations for buyers who acts in relation to seller as a buying consumer ( further just "buying consumer" ) when buying consumer is determinate by §52 odst.3 z.č. 40/1964 Sb. and differently for individual or juridical person self-employed due to The Trades Licensing Act or others special laws or state institution and organisations ( further just "buying self-employed" ) who acts in relation with seller in scope of their business or entrepreneurial activity, when different rights and obligations of both buyers are modified and differentiated as a rights and obligations of "buying consumer" and rights and obligations of "buying self-employed". If those conditions are modifying rights together for buying consumer and buying self-employed than they are tagged as " buyers".

Juridic interactions between seller and buying consumer are governed by below mentioned business conditions and further in range by those conditions not modified laws law no. 40/1964 Sb ( further just commercial code ), law no. 634/1992 Sb. about consumer protection and conditioning relations between seller nad nonself-employed.

Juridic interactions between seller and buying nonself-employed are governed by business conditions and further in range by those conditions not modified laws law no . 513/1991 Sb. ( further just bus.con. ) and next by legal enactment conditioning relations between seller and buying self-employed.

Acceptance of goods by buyer from seller, as well as binding purchase order confirmed by seller, is valid as approval of purchase contract settlement due to these business conditions and buyer agrees with business conditions as they are in time of transaction.

 

Consumer ( buyer ) - is person, who in time of contract settlement is not acting in scope of his / her business or entrepreneurial activity. Is it individual or juridical person, who is buying instruments or services for other purposes than trading with these instruments.


Buying self-employed - is person who is buying instruments or uses services in order to use it for his / her business activity. These buyers are governed by business conditions from Commercial code.


2. Prices and discounts

We reserve the right to change the price. If we are not able to fulfill the price stated by the product ( because of purchase price etc.) than we reserve the right to abandon binding order without any sanction. We have to inform our customer right after detection of that fact.

 

Actual prices are displayed right by the product.

 

Discounts are provided based on declared actions. Goods amenable to actions is presented in web pages in section "Action gear".

 

3. Ordering goods, cancel of the order by buyer, cancellation fees

To order goods and validly a purchase order the buyer can at the company headquarters, by telephone, email, fax or in online e-shop.Any of these forms of order is binding. Buyer shall provide all necessary informationv in order so that seller can successfully fulfill his order (ie determining the delivery method, delivery address, billing information, etc.) Trading and conclude the purchase contract by means of distance communication can only persons who are eligible to these legal acts .

 

Buyer's order is binding for both parties upon its confirmation by the Seller.Seller is not obliged to accept the change orders requested by the purchaser, when the goods acording to original order have already been passed to the carrier or the goods have been modified do to customers request. In case of full cancellation of a binding order by the purchaser, the seller may require from the businessman buyer penalty (cancellation fee) 10% of the price of goods. Payment of the penalty does not affect seller's right to possible compensation of damages.

4. Impossibility of performance, cancellation of by orders dealer , price change and its consequences

The seller may withdraw from the contract if the ordered performance becomes impossible, since the merchandise is not produced or is not available on the market available to the seller or is unavailable for a long-term and it can not be influenceed by the seller. If the higher mentioned impossibility applies just on part of order, than seller, the seller may cancel only that portion of the order. Seller may cancel the order and withdraw from the contract if there is a significant change in the purchase price paid by the seller to suppliers, when this change was not known to the seller at the time of order confirmation.

The seller is obliged to inform the buyer about the price change before withdrawal from the contract, and try to deal, in case that the buyers is unable to agree with new price, the seller is entitled to rescind the contract.

5. Terms of delivery

Commodity stuff, confirmed by seller as "On stock", is ready for collection in 24 hours in place of business.

Commodity stuff with mark „Per order", where we confirm to customer, that we have to order it from supplier ( is not on stock just temporarily ), we engage to prepare or deliver it in 5 working days since confirmation of order by seller. We reserve the right to give a notice about longer delivery period while conclusion of order.If the order contain one item with mark per order, than the whole order will be ready in 5 working days after confirmation of order by seller.

In case that buyer chose the possibility delivery to adress in "Way of transport" the delivery time is extendet by 48 hours.

If is not possible to delivery the stuff in promised time, the seller will inform the buyer about this fact till second working day from receive of the order. If buyer do not want to have delivery date in time suggested, than is his/her duty to announce that fact till 24 hours. In case that the new delivery time is not accepted within 10 days since notification, the seller can back out of contract without sanction for both sides.

In case that buyer will not take over the delivery due to contract, than is responsible for sellers claims connected with this.

6. Prices of postage, packing and transport

When sending the goods to forin countries, excepting Slovakia, is not possible to pay on delivery and has to be paid before by proforma invoice. For transport we charge prices due to valid PPL price list.

 

 

Tarif zone

Transport days

England

2

4

Price list

Tarif zones

Belgium
Bulgaria

2
3

2
4

Weight to

1

2

3

4

5

Denmark

2

3

5 kg

743,-

1140,-

1425,-

1800,-

3135,-

Estonia

4

3

7 kg

784,-

1203,-

1504,-

1900,-

3309,-

Finland

3

5

10 kg

887,-

1362,-

1702,-

2150,-

3745,-

France

2

3-4

12 kg

969,-

1488,-

1860,-

2350,-

4093,-

Ireland

3

4

15 kg

1031,-

1583,-

1979,-

2500,-

4354,-

Italy

2

3-4

20 kg

1093,-

1678,-

2098,-

2650,-

4615,-

Lithuania

4

3-4

25 kg

1134,-

1742,-

2177,-

2750,-

4790,-

Latvia

4

3

30 kg

1238,-

1900,-

2375,-

3000,-

5225,-

Hungary

2

3

Germany
Netherlands

1
2

2
3

Norway

3

3-5

Poland

1

2

Portugal

3

4-5

Austria

1

2

Romania

2

3

Russia*

5

7-8

Greece**

3

5

Slovenia

4

2-3

Spain

3

3-5

Sweden

3

3-5

Switzerland

2

3


 

 

Partner for PPL for abroad deliveries is company DHL.

In case that buyer refuse the comodity forwarded by carrier based on valid purchase order, from other than lawful reason, than the seller is authorized to ask compensation of losses.

Buying self-employed is obligate to check the commodity as soon as possible after, and to report defects detected in 24 hours after its receipt.

Seller guarantee that the commodity is in time of takeover in accordance with purchase agreement, especially that is without defects, namely in accordance with § 616 o.z.

If the commodity is not in accordance with purchase agreement than the buyer has the rights against seller in accordance with § 616 o.z.

7. Terms of payment

The price for supplied commodity is possible to pay just via cashless transfer based on proforma invoice. That is issued by seller based on buyers request. The transfer can be done in many ways, one of them is internet banking or Pay Pal transfer.

The invoice datas are filled by buyer during ordering process and seller is not liable for their correctness.

8. Withdrawal from the contract

  1. Withdrawal from the contract - the consumer buyer

While enclosureu contract of sale by distance communication, ie telephone, fax, email, ICQ and e-shop buyer has the right of withdrawal from the contract without giving any reason within 14 days of receipt of goods,where during this time the buyer has to deliver to the seller the consumer act with which the current legislation force together the intention to withdraw from the contract. Consumer buyer can realize this right of withdrawal by either personal deliver of the goods to the shop with the wish to withdraw from the contract or at his own expense send the goods to the seller to his address through one of the carriers along with a written declaration of intent to withdraw from the contract . Purchaser has the right to withdraw from the contract without any penalty within 14 days ( § 53 paragraph 7 oz ).

 

When using the right of withdrawal, the goods should be returned undamaged and in original packaging without any signs of use, including all accessories, warranty and instructions. The purchase price is refunded by the seller to the buyer either when returning the goods at the store, or by agreement on return of goods by the shipper.

 

Consumer purchaser have not the right for reimbursement of expenses paid to the seller in connection with the delivery of goods by the carrier. In the case that the goods was damaged in customers possession, or if goods is incomplete, the consumer will be claimed unjust enrichment under § 457 Obč.Z. which happens to seller.Consumers can also take back his withdraw from contract.Withdrawal from the contract because the goods delivered by the carrier is incomplete deals with complaints regulations. Consumer buyer can not withdraw from the contract of purchase, whose price depends on fluctuations of the financial market, when buying goods which have been modified as desired by the consumer purchaser, and the purchase of goods subject to rapid deterioration, wear and tear, as well as the purchase of audio and Video recordings and computer programs, if the buyer breached the consumer their original packaging.

 

  1. Withdrawal from the contract - the businessman buyer

Seller's delay in delivering the goods is considered as immaterial breach of contract, except the provisions of § 345 paragraph 2 comercial code. If the seller does not deliver the goods in a new date agreed with the buyer, a businessman buyer is entitled to rescind the contract, when this withdrawal must be in writing and must be delivered to seller. Buyer entrepreneur is not entitled to withdraw from the contract due to default the seller, where he received a message that performance under the purchase agreement has already been sent to the address of the buyer. If the goods is delivered in a plastic bag, and that is destroyed by a purchaser and is not possible to sell it as new the seller is entitled for compensation of destruction of goods, the amount of depreciation is determined as the difference between the purchase price at which goods were sold and the purchase price at which goods may be sold as used.The seller is entitled to withdraw from the contract due to repeated failure to cooperate in deliver the goods by buyer , which in this case does not affect the sellers right for compensation

 

  1. Withdrawal from the contract generally

The seller may withdraw from the contract if the delivery becomes impossible (see Licenses 2 Prices and commodity prices), then if the seller finds in a credible manner after confirmation of your order, the facts constituting reasonable grounds for concern that the product offered meets legal conditions for free market sale or have not the conditions of security, or goods that the seller have available will have faults and failures not caused by the seller, the seller is unable to ensure the delivery of a minimum quality standard. The seller is obliged to inform the Bayer about the cancellation of this contract.

 

9. Termination of agreement by settlement

Seller is entitled but not obliged, at its discretion, at the request of the buyer to cancel the purchase contract agreement under the terms of this agreement. The basic condition for possible agreeement about contract cancellation is the fact, that buyer returns to the seller goods undamaged, non used, complete with accessories and in intact original packaging and these are goods which at the time of the proposal for cancellation of the contract has in the range of their products. It is not modified goods on customer request, subject to rapid deterioration, wear and tear and does not include audio and video recordings and computer programs whose packaging has been breached and newspapers, periodicals and magazines. The agreement to cancel the purchase contract must be in writing and can only conclude with the delivery of goods. In case of rejection of the agreement on the purchase contract by the seller, the buyer is not entitled to reimbursement of costs associated with administration of non accepted proposal which was rejected by the seller.

 

10. Complaint

The exact procedure for complaints and their solving is based on complaints regulations.

 

11. Retention of title

The supplied goods remain until full payment of the purchase price in the seller's property, according to the applicable provisions of § 443-446 Commercial. Code respectively. § 601 oz

 

12. Operator training, installation:

Product price does not include any assembly services or other services in connection with the goods.A possible assembly of goods or other services associated with the goods provideds the seller to the Bayer for aditional payment. The offer of specific services and their provision is listed on the website of the seller.

 

13. Post-warranty repair

The post-warranty repair are warranted for 3 months after delivery of goods to the buyer. The guarantee applies only to the subject of repairs. The seller is not liable for potential data loss during repair. Is recommended to buyer to beck up the datas before returning the goods.The seller is also entitled to reimbursement of costs associated with repairs, as well as of handling with the subject of corrections, even if subsequently during the repair of the defect is discovered that the defect which was the subject of repairs, can not be removed, or repair costs will reach disproportionate amount and this could not be identified before beginning of repairs. Prices of the cost of repair carried out directly by the seller is 200, - CZK per hour + material used, and any costs associated with the delivery of goods to the customer through the carrier. In the event of post-warranty repairs through an authorized service department will repair be charged by prices of authorized service. The buyer will obtains the information about the costs of repairs on the manufacturer's website, where the repair will be performed, or upon request directly from the seller. If the repair will be done right in the dealership service department, the buyer will be notified in advance.

 

14. Information and advices

All oral and written information about the suitability and potential use of the goods supplied shall be communicated to the best awareness of the seller. They represent only the value of experience and information that the seller has received from the manufacturer or its suppliers.

 

15. Arbitration clause

All provisions and the legal relations arising from this agreement are governed by the laws of the Czech Republic, particularly the provisions of the Commercial Code and Civil Code. The Parties agree that in case of property dispute arising from this contract will this dispute be settled to the exclusion of courts of general jurisdiction in the arbitration proceedings, in accordance with Act No. 216/1994 Coll. Arbitration and enforcement of arbitral awards as amended, and independent arbitrator in the location of the seller (in Mlada Boleslav). The Contracting Parties undertake to fulfill all the obligations imposed to them in the arbitration award within the time specified.The costs of arbitration shall be determined in proportion to the tariff of costs of arbitration issued by the Arbitration Court of the Economic and Agrarian. The costs of legal representation for parties in dispute, especially on their adequacy, decides the arbitrator.The arbitration proceedings shall be conducted pursuant to Act No. 216/1994 Coll. Abouot Arbitration and enforcement of arbitral awards, as amended. Unless this Act provides otherwise, the appropriate management of Civil Procedure will be used. The legal relationship between seller and businessman buyer is governed by these Terms and Conditions z.č.513/1991 Coll. and the related legislation as amended. The legal relationship between the seller and the consumer buyer is governed by these Terms and Conditions Act No. 40/1964. and the related legislation as amended. This arbitration clause is binding for the consumer buyer just in case, if he express his endorsement when enter into a contract and is clearly informed about its existence in these terms and conditions by the contract in time of signing the contract. In the event of a dispute both sellers and buyers agreed to do everything for the peaceful settlement of the matter.

 

16. Complaints and final provisions

Complaints and comments from buyers about the contractual relationship established between the seller and the buyer, seller handled in accordance with applicable regulations, when customers can apply the complaints and comments at the headquarters of the seller or use the phone line +420 317 471 904 or e-mail address : eshop@ihr-tech.cz . If a complaint is its kontent the claims of the goods, this complaint will be dealt with as a complaint in accordance with the Complaints Procedure, the following terms and conditions and applicable laws and regulations.


Buyer agrees that the seller can use the data obtained in connection with the contract , ie those listed in the order, for marketing and business purposes and that it may disclose to third parties cooperating with the seller to ensure the marketing efforts, all this while respecting the existing legislation, particularly Act No. 101/200 Coll. about protection of personal details. The consent of the buyer may be withdrawn at any time, by an explicit statement made in writing and sent to the seller.


For posting documents between the parties as the delivery address is consider the residence address of the seller and the address that the buyer stated in order.

 

Existing terms and conditions are available on the sellers website and each buyer is informed about them when buying goods and has the right to acquaint with them.Seller may supplement or change business conditions in relation to the change of rules in force or in connection with a change in the market of goods which the seller offers.

The ineffectiveness of individual provisions of the contract terms and conditions shall not affect the effectiveness of the remaining provisions. In place of the ineffective provision enters a valid provision which in its business scope follows as next.

 

These terms and conditions come into force on 1 4th 2009th

 
© 2008 – 2009 IHR-TECHNIKA s.r.o.