General Business Terms and Conditions
These business terms and conditions apply only to the purchase of goods via http://www.l-shop-team.cz/.
Article 1 General information, scope of application
- These General Business Terms and Conditions define and specify the rights and obligations of the seller, who is the owner and operator of the website http://www.l-shop-team.cz/, the company L-SHOP-TEAM Česko s.r.o., with seat at Prague 5, Strojírenská 259, Postal Code 155 21, Reg. No. 458 09 631, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File Record 12387 and the buyer. All the contractual relations are established in compliance with the laws of the Czech Republic. These business terms and conditions apply to the business relationship with a Buyer entrepreneur – natural person (Section 14 of the Civil Code) or a legal entity according to public law, or a public entity. During registration, it is necessary to submit an extract from the Commercial Register or a trading licence. The general business terms and conditions in the currently valid version also apply to future contracts on purchase and/or supply of movables, concluded with the Buyer without the need to always refer to the validity of these GTC. The relationship between the Seller and Buyer is governed by Act No. 513/1991 Coll., The Commercial Code.
- These General Business Terms and Conditions apply unconditionally. Individual conditions adopted in the given conditions (also additional provisions, supplementation and changes) are preferred to the GTC only if they are confirmed in writing by the Seller.
- The product information and descriptions stated by the Seller on the website and in the catalogues are not binding (call for an offer).
- A customer order for the goods is a binding contractual offer. The contract is concluded upon written confirmation of the order by the Seller or at the moment that the goods are delivered to the Buyer. If not stipulated otherwise in the given situation, the prices stated in the offer at the moment of conclusion of the contract shall apply plus statutory VAT.
- The Buyer agrees with partial realisation of orders and their individual settlement.
- The invoices for the supplied goods are due within 14 days after date of issue. According to the individual arrangements, the supply of the goods may be done on pre-payment basis or other payment terms may apply.
- Upon lapse of the 14-day invoice maturity, the payment shall be in arrears. In case of Buyer’s delay in the payment of the purchase price of the goods invoiced by the Seller, the Client is obliged to pay penalty interest to the Seller at the rate of 0.25% on the outstanding amount for each day that payment is overdue.
- If it shall be proved after conclusion of the contract that the Seller’s right to payment of the purchase price of the goods is endangered by the Buyer’s insolvency, the Seller is authorised to withdraw from the concluded contract.
- Goods deliveries are made by the Seller via a selected carrier. The transport expenses are borne by the Buyer.
- The transport cost is CZK 185 per carton delivered to the Czech Republic. The transport expenses include all the costs related to packaging, accompanying documents and typical costs arising during transport and delivery of the goods. For express consignments, the additional expenses (express delivery, courier service or similar services) are paid by the Buyer.
The Buyer has the right to set-off his claim against the Seller’s claim only if such claims have been granted by final court ruling, recognised by the Seller or they are not disputable between Seller and Buyer. The Buyer is entitled to exercise his right to set-off a monetary claim only if his claim is based on the same order.
Article 6 Delivery deadlines and delayed delivery of goods
- Delivery and other deadlines related to the goods delivery deadline are not binding if not expressly agreed otherwise. The method and deadline for delivery of the goods is governed by the applicable legislation.
- If the Seller fails to comply with the clearly binding delivery deadline for reasons on his part or if delay occurs for other reasons on the part of the Seller, the Buyer shall determine an adequate period for fulfilment of obligations. If the Seller fails to fulfil the obligation even within such additional period, the Buyer may withdraw from the purchase contract.
- If the Seller cannot fulfil the binding delivery deadlines due to reasons for which he is not liable (impossibility to fulfil delivery), the Seller is obliged to notify the Buyer of such situation and determine an assumed new delivery deadline. If it will not be possible to realise the delivery even within the new deadline, the Seller is entitled to withdraw from the terms of contract in full or part; the Seller is obliged to return the payments already made toward the future delivery to the Buyer’s account immediately.
- The ordered goods shall be delivered to the delivery address stated in the order by the Buyer. Upon written request from the Buyer, the goods may be sent to another destination.
- The risk of damage to the goods including loss of the goods or potential deterioration of its properties together is transferred upon handover of the goods, and in case of purchase and delivery the risk passes to the contractual carrier upon acceptance of the goods.
- If delay in acceptance of the goods occurs on the part of the Buyer or the Buyer does not co-operate as necessary or delays delivery of the goods for other reasons on the Buyer’s part, the Seller is entitled to seek compensation of damage, including reimbursement of the expenses incurred by the Seller due to delay on the part of the Buyer (e.g. warehousing costs).
- All deliveries of goods are subject to retention of property title. Pending full payment of the purchase price, or other claims arising under the purchase contract, the Seller remains the owner of the delivered goods. Pending full payment of the price of goods to the Seller, the Buyer is not authorised to sell or otherwise transfer the goods to another person.
- The Buyer takes note of the fact that the colour and size data of the individual products published by the Seller (catalogue, Internet, etc.) need not comply with the applicable standards. This also applies to the size data shown on the labels. The sizes and colours may differ by country of origin.
- The real deviations from the size and colour are not a reason for a claim from the title of defects in goods, if the delivered goods correspond to the given size (e.g. L) or colour (e.g. red). The deviations stated in the preceding sentence cannot be linked to a Buyer’s entitlement to return the goods under Article 12.
- If the delivered do not have the properties agreed upon between the Seller and Buyer or are not suitable for contractual or generally assumed usage, the Seller is obliged to fulfil the obligation to alternatively deliver the goods, i.e. by delivery of goods with the properties agreed upon between Seller and Buyer, respectively, which are suitable for contractual or generally assumed usage. The deadline for fulfilment of the obligation to deliver goods by alternative method shall be determined by agreement between the Seller and Buyer.
- The Buyer’s claims arising from defects in the goods can be satisfied assuming that the Buyer fulfils the statutory obligations to check the goods and report the defects (Section 427, 428 and 435 of the Commercial Code). The Buyer must submit claims of visible defects to the Seller immediately, at the latest within 6 weeks after take-over of the goods, and hidden defects immediately upon ascertaining them, at the latest within one year after delivery. Before printing or embroidering the products by the Buyer or other collaborating entity, it is necessary to check the goods for potential defects; after printing or embroidering of the goods, the Buyer shall not be entitled to make liability claims against the Seller for defects in the goods.
- The defective goods must be sent to the Seller within the specified time and to the specified place.
- Delivery of goods shall done alternatively – as per Buyer’s choice – by repair of the goods or delivery of flawless goods (substitute delivery). Pending alternative fulfilment of the obligation, the Buyer is not entitled to reduce the purchase price or withdraw from the contract.
- Claims for damages arising from the defect may be made by the Buyer only when the alternative fulfilment of the obligation does not lead to the proper fulfilment of Seller’s obligation of the seller to deliver the goods to the Buyer in accordance with the purchase contract. The Buyer is entitled to seek compensation of losses under the conditions stipulated below.
Liability for damage is governed by the relevant provisions of the Commercial Code.
Article 12 Return of goods to Seller
- The Buyer is entitled to return the goods to the Seller only subject to prior telephone, fax or e-mail notification of the claim, i.e. entitlement under Seller’s liability for defects in the goods, for the reasons stated in these business terms and conditions or reasons stipulated by law. Goods sent to the Seller without notice shall not be accepted.
- Return of goods according to the conditions stipulated under paragraph 1, if it concerns new goods with unchanged properties, shall be accepted by the Seller only if the delivery was not made earlier than 14 days ago. For hygienic reasons, it is not possible to return or exchange underwear and socks, also unpacked shirts and blouses. Return of Brook Taverner goods is possible only in genuine packaging with the original label.
- Upon exchange of the goods, the transport expenses are added. But this does not apply to defective goods.
- If the reason for return of the goods is defective delivery, the expenses on shipping or receiving of such goods are paid by the Seller. If alternative delivery of the goods is not done (delivery of the goods after repair of the defects or exchange of defective goods for flawless goods), the Seller shall send a credit note to the Buyer for the value of the returned goods subject to the conditions stipulated in paragraph 1.
- If the Seller ascertains that the delivery is not defective, and if it shall be agreed between the Seller and Buyer that the Seller keeps the goods, the Seller shall issue a credit note to the Buyer for the value of the goods less 25 % on the purchase price of the goods as reimbursement of handling expenses. The goods may be returned within 14 working days after date of purchase in the current calendar year.
- The Seller reserves the property title and all copyright to the catalogues, product descriptions, photographs, illustrations and all product images, in documentary and electronic form.
- The Buyer is fully liable for ensuring that his commercial offer of the products does not violate any rights and claims of third-parties, particularly claims relating to violation of the ban on competition and copyright.