GENERAL TERMS AND CONDITIONS

FOR SALE OF GOODS TO THE BUSINESSES AND ENTREPRENEURS

1. INTRODUCTORY PROVISIONS

The company Europe Media Nest s.r.o, with its registered office at Prague 3, Štítného 591/7,                 ID: 01892738, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 213108 (hereinafter referred to as the “Seller”), offers for sale of electronic goods – film and camera equipment, including accessories distributed by Teltec AG, Zeiss, Atomos and others (hereafter referred to as “Goods”), under the general terms and conditions of sale below (hereinafter referred to as “GTC”) below.

The “Buyer” is a legal entity or a person – an entrepreneur who enters into an agreement with the seller, whose integral part are these GTCs, as part of its business activity.

The “Seller´s registered office” is located at the address Štítného 591/7, Prague 3, 130 00.

By accepting the offer for goods, the buyer confirms that he / she has become acquainted and agrees with the wording of these GTC at all points mentioned before entering into the purchase agreement. Copies of these GTCs or a link to their placement on the Internet are sent to the buyer by e-mail together with a specific offer as set out below in these GTCs.

The contact address of the seller is the address of his registered office or establishment. The contact e-mail address of the seller is info@medianest.net.

All offers for sale of goods and contracts concluded on the basis of these offers are governed by these terms and conditions unless otherwise stated by the seller in writing.

The provisions of Act No. 89/2012 Coll., The Civil Code, as amended, and other generally applicable legal regulations apply to relations and obligations not covered by these GTC.

2. CONCLUDING THE PURCHASE CONTRACT

The purchase contract is concluded by accepting the offer (hereinafter referred to as the “offer”) made by the seller based on the buyer’s request. The buyer’s request can be made by phone, e-mail or orally at the seller’s premises. The offer is sent to the buyer via e-mail, including the current version of the GTC, or a link to their whereabouts on the seller’s website. The seller is not bound by the offer if it is not made by e-mail (or in writing, if applicable). The buyer accepts the offer in writing or by e-mail.

The seller is bound by the offer of goods processed by the seller for a particular buyer for 5 business days from the date when he acquainted the buyer with it.

Any changes to the offer after its acceptance by the buyer, that is to say, changes to the purchase agreements already concluded or their cancellation or termination, must be made in writing or expressly confirmed by email from the seller.

Estimates of the cost of delivery of the goods (including packaging) are offered in the offer without obligation and may be changed depending on the actual prices of the carrier who will deliver the goods for a particular business.

The seller reserves the right to unilaterally change the price of the goods included in the offer if, after the conclusion of the contract, if the amount of the tax and/ or customs fees is changed

If the buyer cancels acceptance of the offer of the goods or has the requirements to change the already concluded purchase contract and the seller accepts such cancellation or change in writing or by e-mail (ie the buyer cannot unilaterally cancel or change the contract), the buyer will pay the seller the costs of processing the offer, but at least 25% of the price of the ordered goods.

3. PAYMENT CONDITIONS

The buyer undertakes to pay the purchase price according to the agreed payment terms either by cash or by payment card at the seller’s premises or by bank transfer to the seller’s account at the latest upon receipt of the goods by the buyer at the seller’s premises or delivery of the goods to a place designated by the purchaser working days from the date of the purchase agreement, unless otherwise agreed.

If the buyer fails to pay the purchase price by the due date, he/she undertakes to pay the seller default interest in the amount of 0.01% of the amount due daily.

In the case that the purchase price is not paid properly and in good time, the seller has the right to withdraw from the sales contract.

4. SUPPLY AND TRANSPORT OF GOODS

The seller shall deliver the goods in accordance with the offer confirmed by the buyer, either by preparing the goods for the buyer for pickup at his premises or by sending the goods to the place designated by the buyer via the carrier.

If the goods are to be delivered to the buyer at the seller’s premises, the buyer is obliged to collect the goods within 5 working days of the dealer’s announcement that the goods are ready for delivery. Notification of the possibility of collecting the goods is sent by the seller to the buyer in the form of SMS or e-mail message. In case the goods are delivered through the carrier, the buyer is obliged to collect the goods from the carrier.

The seller meets the obligation to deliver the goods by the buyer´s signature on the relevant document confirming receipt of the goods (delivery note or delivery report) or if the buyer does not collects the goods in time (i.e. by the agreed date, otherwise on the last day of the time limit referred to in Article 4.2) the seller will be able to dispose of the goods. The risk of damage passes to the buyer at the time of the delivery of the goods to the buyer or in the case when the buyer does not collect the goods, even though he was obliged to, at the moment when the seller allows him to dispose of the goods.

The seller will fulfil his obligation to deliver the goods when the goods are dispatched to a place designated by the buyer by handing the goods to the first carrier and allowing the buyer to claim the rights under the transport contract. Danger of damage to goods passes to the buyer by handing it over to the first carrier. The transport of goods to a place designated by the buyer is carried out at the expense and risk of the buyer. Seller is entitled to choose a suitable carrier for delivery of the goods at their discretion. The seller works with regular shipping companies under normal shipping conditions. The seller is not responsible for the fact that the goods will be delivered in the cheapest possible way.

If the buyer violates his obligation to accept the goods or the goods cannot be delivered to the buyer for reasons which lie on the buyer’s side, the seller is entitled to withdraw from the purchase agreement (in writing or by e-mail) and the buyer is obliged to pay the seller the amount referred to in Article 2.6. GTC, or other costs incurred.

The seller is entitled to deliver goods even in partial deliveries or in multiple deliveries and the buyer is obliged to take over the partial delivery. In this case, the seller will issue a partial invoice.

5. DELIVERY TIME

The delivery time of goods is individually specified in a particular offer. Such time limit means the period at which the goods will be ready to be dispatched to the buyer (ie, the time required to deliver the goods to the buyer is not included) or when the goods are ready for the buyer to be handed over at the seller’s premises.

The seller is entitled to extend the delivery period stated in the offer, to withdraw from the contract or to propose another appropriate solution if there is a change in events that occurred independently of his will and prevent him from fulfilling his obligations, regardless of whether they occurred before the conclusion of the purchase contract or after the purchase agreement has been concluded, especially due to delays in deliveries by subcontractors, transport failures, strikes, natural disasters, public order breaches, energy supply constraints, fire, technical defects, labor conflicts, termination or interruption of the production of goods or material etc. For the existence of these obstacles, the seller is obliged to inform the buyer.

The Seller is not in delay with the delivery supply due to the obstacles or obligations caused by the buyer.

6. RESPONSIBILITY FOR DEFECTS, QUALITY WARRANTY

The seller is responsible for the defects of the goods that had the goods at the time of the transfer of the risk of damage to the buyer, even though they will only occur later. Goods are defective if they do not match the quantity, quality and final finish. Defect is also considered a mistake in documents necessary for the use of the item.

The buyer is required to inspect the goods immediately and test their functionality immediately.

Defects consisting of incomplete or incorrect delivery, or due to a defect of the goods, which the buyer must have known at the time of inspection, must be reported in writing to the seller without undue delay after the delivery of the goods, but no later than 5 days from the date of delivery of the goods to the buyer. In the event that the goods are handed over to the buyer at the seller’s premises, the buyer is required to inspect the goods on the spot and report the defects immediately after the inspection.

The right of defective performance does not belong to the buyer if the buyer knew before collecting of the goods that the equipment was defective or if the defect was caused by the buyer himself.

The seller assures that the goods will be eligible for use for the usual purpose or that they will retain the usual quality (warranty for quality) for 12 months unless otherwise stated. This time limit does not apply to goods for which their subcontractor provides a shorter warranty period (eg disk drive, lenses, etc.). In such a case, the warranty period granted by the subcontractor of such goods shall apply. The warranty does not apply to used goods unless otherwise agreed in writing. The seller does not provide a warranty for goods or parts thereof which are consumables and have a limited life (eg batteries, different types of lighting and the like).

The warranty claims for the quality of the goods must be submitted by the buyer to the seller in writing, indicating the defect without undue delay after the defect has been found.

Unless otherwise agreed, the time limit for assessing the buyer’s claim and eventually removing defects is 40 days. This period does not extend or renew the period specified in Article 6.5. of these GTC.

In the event of a legitimate claim of the buyer’s claim, the seller of his choice shall repair or replace defective goods or parts thereof for new goods or parts, the missing goods shall deliver or remove legal defects of the goods. Replaced goods or parts thereof become the property of the seller. The goods must be repaired or replaced by a seller who is authorized to repair the goods at a third party designated by the seller.

In the event of a legitimate claim of the buyer’s claim, the seller shall repair or replace defective goods or parts of them for new goods or parts, the missing goods shall deliver or remove legal defects of the goods. Replaced goods or parts thereof become the property of the seller. The goods must be handed over for repair or replacement to a seller who is authorized to repair the goods at a third party designated by the seller.

The buyer is entitled to withdraw from the contract or to the respective discount only in case of irreparable defect of the goods.

Claims arising out of defective goods or quality guarantees shall cease if the goods or part thereof is repaired, modified or replaced by a third party not designated by the seller. These claims of defect or quality guarantee also expire in the event of damage to the goods when installed and handled other than instructed or if the installation and handling of the goods have not been followed.

The warranty does not apply to normal wear and tear.

The quality guarantee will expire if the goods are sold to a third party.

The seller is not responsible for changes in the condition or operation of the goods due to inappropriate storage or climatic and other influences.

Claims for defective goods or quality assurance are not the seller’s obligation to satisfy before full payment of the purchase price.

7. EXCLUSION OF OWN RIGHTS, EXERCISE OF OWN RIGHTS

Until the full payment of the purchase price of the goods, including any accessories, the goods remain the property of the seller and he is entitled to dispose of it at its own discretion (reservation of the ownership right).

Buyer is not authorized to sell or otherwise dispose of the goods delivered by a seller which has not yet been fully paid to a third party without the prior written consent of the seller. If the buyer is in delay with the payment of the purchase price, the consent given to the sale of the goods to a third party is cancelled.

The seller is entitled at any time to demand the return of the goods which are subject to the reservation of ownership if the buyer is late in paying the purchase price or ordered execution or enforcement of the purchaser’s property or insolvency proceedings against the buyer. In the event of a seller uses this right to return the goods, the purchase contract remains in effect unless the seller expressly withdraws from the purchase contract.

8. FINAL PROVISIONS

In the event of a conflict between GTC and some of the provisions in the accepted offer, the provisions of the accepted offer shall prevail.

If any provision of these GTC or Purchase Agreement becomes invalid or ineffective, it is fully separable from the other articles of that document and other provisions of the GTC or Purchase Agreement remain valid and effective.

 

These terms come into force on 1.11.2018.

GENERAL TERMS AND CONDITIONS

FOR SALE OF GOODS TO THE CONSUMER

1. INTRODUCTORY PROVISIONS

The company Europe Media Nest s.r.o, with its registered office at Prague 3, Štítného 591/7,                 ID: 01892738, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 213108 (hereinafter referred to as the “Seller”), offers for sale electronic goods – film and camera equipment, including accessories distributed by Teltec AG, Zeiss, Atomos and others (hereafter referred to as “Goods”), under the general terms and conditions of sale below (hereinafter referred to as “GTC”) below. These GTCs apply only in the case of the sale of goods to the buyer who is the consumer.

“Buyer” is a legal entity or a natural person – a consumer who concludes sales contract for the sale of goods with a seller whose integral part of these GTC is outside his / her business or beyond the independent performance of his / her profession

The “Seller´s registered office” is located at the address Štítného 591/7, Prague 3, 130 00.

A “distance contract” is a contract which allows the conclusion of a contract exclusively by means of communication without the simultaneous physical presence of the parties.

By accepting the offer of goods, the buyer confirms that he / she has become acquainted and agrees with the wording of these GTC at all points mentioned before entering into the purchase agreement. Copies of these GTCs or a link to their placement on the Internet are sent to the buyer by e-mail together with a specific offer as set out below in these GTCs.

The contact address of the seller is the address of his registered office or establishment. The contact e-mail address of the seller is info@medianest.net.

All offers for sale of goods and contracts concluded on the basis of these offers are governed by these terms and conditions unless otherwise stated by the seller in writing.

The provisions of Act No. 89/2012 Coll., The Civil Code, as amended, and other generally applicable legal regulations apply to relations and obligations not covered by these GTC.

2. INFORMATION BEFORE CONCLUDING THE SALES CONTRACT

In accordance with the relevant provisions of the Civil Code, the seller communicates to the buyer, before concluding the purchase contract, the following information:

The seller does not charge the cost of distance communication. In the case of dial-up or internet connection, Buyer’s costs are governed by the terms of the operator providing the connection.

The seller claims to pay the purchase price or advance payments for the payment of the goods according to the conditions specified in the specific offer for the particular buyer.

The seller does not conclude contracts of indefinite duration or contracts whose subject is repeated performance.

The buyer as a consumer has the right to withdraw from the contract by means of remote communication without giving any reason, within 14 days. The time limit shall run from the day following the date on which the buyer or the third party designated by him has assumed the delivery of the last goods. Such resignation shall be send by the Buyer in written form to the seller´s address or to the seller’s e-mail address, or he orally communicates it to the authorized employee at the seller’s premises. For withdrawal, the buyer may use the form attached to these GTC. The 14-day deadline is preserved if the cancellation is sent to the seller within this time.

If the buyer withdraws from the purchase contract pursuant to Article 2.1.4 of these GTCs, the seller shall return to the buyer all received payments within 14 days of the date on which the seller was delivered withdrawal from the purchase contract, but not before the buyer returns the goods to the seller.

In the event that the buyer withdraws from the contract as set out in clause 2.1.4. of these GTCs, is responsible for an impairment of the value of goods as a result of the handling of the goods in a manner other than that necessary to understand the nature and characteristics of the goods incl. its functionality.

The buyer as a consumer is not entitled to withdraw from the contract:

  • on the supply of goods which have been adjusted according to the buyer’s wish or for his person
  • on the supply of an audio or video recording or a computer program if it has broken its original packaging,
  • on the supply of digital content unless it has been delivered on a physical carrier and has been delivered with the prior express consent of the buyer prior to the expiration of the withdrawal time and the seller has communicated to the purchaser before the contract is concluded that he has no right to withdraw from the contract in such a case.

In the event of contract withdrawal, the buyer will bear the cost of returning the goods. If the purchase contract has been concluded with means of distance communication, the buyer will bear the cost of returning the goods if these goods cannot be returned by their normal postal route.

If a buyer has a complaint, he can apply it directly to the seller or address a complaint to the supervisor or state oversight. Any complaints and disputes arising between the seller and the buyer can also be settled out of court. In this case, the buyer may contact an out-of-court dispute resolution entity, such as the Czech Trade Inspection. More information on out-of-court dispute resolution is available at https://www.coi.com/information-a-adr/.

3. CONCLUDING OF THE PURCHASE CONTRACT

The purchase contract is concluded by accepting the offer (hereinafter referred to as the “offer”) made by the seller based on the buyer’s request. The buyer’s request can be made by phone, e-mail or orally at the seller’s premises. The offer is sent to the buyer via e-mail, including the current version of the GTC, or a link to their whereabouts on the seller’s website. The seller is not bound by the offer if it is not made by e-mail (or in writing, if applicable). The buyer accepts the offer in writing or by e-mail.

The seller is bound by the offer of goods processed by the seller for a particular buyer within 5 business days from the date when he acquainted the buyer with it.

Any changes to the offer after its acceptance by the buyer, that is to say, changes to the purchase agreements already concluded or their cancellation or termination, must be made in writing or expressly confirmed by email from the seller.

The manner of delivery of the goods and the conditions, including the amount of the delivery cost of the goods incl. packaging are listed in a specific offer.

If the buyer cancels acceptance of the offer of the goods or has the requirements to change the already concluded purchase contract and the seller accepts such cancellation or change in writing or by e-mail (ie the buyer cannot unilaterally cancel or change the contract), the buyer will pay the seller the costs of processing the offer, but at least 25% of the price of the ordered goods.

4. PAYMENT CONDITIONS

The buyer undertakes to pay the purchase price according to the agreed payment terms either by cash or by payment card at the seller’s premises or by bank transfer to the seller’s account at the latest upon receipt of the goods by the buyer at the seller’s premises or delivery of the goods to a place designated by the purchaser working days from the date of the purchase agreement, unless otherwise agreed.

If the buyer fails to pay the purchase price by the due date, he/she undertakes to pay the seller default interest in the amount of 0.01% of the amount due daily.

In the case that the purchase price is not paid properly and in good time, the seller has the right to withdraw from the sales contract.

5. SUPPLY AND TRANSPORT OF GOODS

The seller shall deliver the goods in accordance with the offer confirmed by the buyer, either by delivering the goods to the buyer for handover at his premises or by sending the goods to the place designated by the buyer via the carrier. Goods will not be sent to the buyer before the buyer pays the purchase price.

If the goods are to be delivered to the buyer at the seller’s premises, the buyer is obliged to collect the goods within 5 working days of the dealer’s announcement that the goods are ready for delivery. Notification of the possibility of collecting the goods is sent by the seller to the buyer in the form of sms or e-mail message. In case the goods are delivered through the carrier, the buyer is obliged to collect the goods from the carrier.

The seller meets the obligation to deliver the goods by the buyer´s signature on the relevant document confirming receipt of the goods (delivery note or delivery report) or if the buyer does not collects the goods in time (ie by the agreed date, otherwise on the last day of the time limit referred to in Article 5.2) the seller will be able to dispose of the goods. The risk of damage passes to the buyer at the time of the delivery of the goods to the buyer or in the case when the buyer does not collect the goods, even though he was obliged to, at the moment when the seller allows him to dispose of the goods.

In case the buyer wishes to send the goods to the designated place, the seller is entitled to choose a suitable carrier for the delivery of the goods. The seller works with regular shipping companies under normal shipping conditions. The buyer is obliged to pay the cost of transporting the goods to the place specified by the buyer. The amount of transport costs is stated in a specific offer.

If the buyer violates his obligation to accept the goods or the goods cannot be delivered to the buyer for reasons which lie on the buyer’s side, the seller is entitled to withdraw from the purchase agreement (in writing or by e-mail) and the buyer is obliged to pay the seller the amount referred to in Article 3.5. GTC, or other costs incurred.

The seller is entitled to deliver goods even in partial deliveries or in multiple deliveries and the buyer is obliged to take over the partial delivery. In this case, the seller will issue a partial invoice.

6. DELIVERY TIME

The delivery time of goods is individually specified in a particular offer. Such time limit means the period at which the goods will be ready to be dispatched to the buyer (ie, the time required to deliver the goods to the buyer is not included) or when the goods are ready for the buyer to be handed over at the seller’s premises.

The seller is entitled to unilaterally extend the delivery time specified in the offer or propose another suitable solution if there is a change in events that occurred independently of his will and prevents him from fulfilling his obligations regardless of whether they occurred before or after the conclusion of the purchase contract, especially due to delayed delivery by subcontractors, late custom clearance, transport disruptions, strikes, natural disasters, public order breaches, energy supply constraints, fire, technical defects, labour conflicts, termination or interruption of the production of goods or the material necessary for its manufacture, etc. The existence of these obstacles requires the seller to inform the buyer.

The Seller is not in delay with the delivery supply due to the obstacles or obligations caused by the buyer.

7. RESPONSIBILITY FOR DEFECTS, QUALITY WARRANTY

The seller is responsible for the defects of the goods that the goods had at the time of the transfer of the risk of damage to the buyer, even if they will be reflected later. The seller is responsible in particular that:

– the goods have features that the parties have negotiated and, in the absence of such an arrangement, such features as the seller has described or which the buyer expects with regard to the nature of the goods and the seller’s advertising,

– the goods are fit for the purpose which the seller indicates or for which the thing of this kind is normally used,

– the goods are in the appropriate quantity, degree or weight, and

– the goods comply with legal requirements.

The buyer is entitled to claim the right to a defect that occurs on consumer goods within 24 months of receipt of the goods.

The buyer has the right to have the goods checked beforehand or to show his functions if the goods are handed over at the seller’s premises.

The right of defective performance does not belong to the buyer if the buyer knew before the takeover of the thing that the thing was defective or if the defect was caused by the buyer himself. Furthermore, the right of defective performance does not belong to the buyer from the goods sold at a lower price agreed with respect to this defect, the wear and tear of goods caused by the normal use of the goods, the defect of the used goods corresponding to the degree of use or weariness the goods had when handed over to the buyer if it results from the nature of the goods. The seller is in no way responsible for damaged goods caused intentionally by the buyer or a third party, by improper handling (in particular by manipulation contrary to the instructions for use of the goods) or by other external influences that the seller could not influence.

The wear and tear of consumables (batteries and various types of lighting, etc.) it is due to the limited lifetime of the material and its not a fault or damage. Limited material life is a susceptibility to wear caused by the usual use (eg reduced battery life).

Claims for defective goods and the guarantee for the quality of the goods must be made by the buyer to the seller in writing, indicating the defect without undue delay after the defect is discovered.

The seller decides on the reclamation immediately, in complex cases within three business days. This time does not include a reasonable time depending on the type of goods required for expert judgment of the defect. The reclamation, including the removal of a defect, will be handled by the seller without undue delay, no later than 30 days after the date of the claim, unless the seller and the buyer agree on a longer time.

In the event of a legitimate claim of the buyer’s claim, the buyer is entitled to repair the goods if the goods can be repaired. If the buyer can not properly use the goods for repeated defects or the defect cannot be repaired, the buyer has the right to exchange the goods or parts thereof for new goods or part thereof or the right to withdraw from the contract. The buyer is entitled to a discount on the price of the goods if he does not use the above rights and the goods or part thereof cannot be repaired, or the new goods or part thereof cannot be delivered, or the seller fails to correct it within a reasonable time, or the correction will cause considerable difficulties to the buyer.

Claims arising out of defective goods or quality guarantees shall lapse if the goods or part of it is repaired, modified or replaced by a third party not designated by the seller. These claims for defects or quality guarantees also expire in the event of damage to the goods while being installed and handled if the instructions for installation and handling of the goods have been followed.

The warranty does not apply to normal wear and tear.

The seller is not responsible for changes in the condition or operation of the goods due to inappropriate storage or climatic and other influences.

Claims for defective goods or quality assurance are not the seller’s obligation to satisfy before full payment of the purchase price.

8. EXCLUSION OF OWN RIGHTS, EXERCISE OF OWN RIGHTS

Until the full payment of the purchase price of the goods, including any accessories, the goods remain the property of the seller and he is entitled to dispose of it at its own discretion (reservation of the ownership right).

Buyer is not authorized to sell or otherwise dispose of the goods delivered by a seller which has not yet been fully paid to a third party without the prior written consent of the seller. If the buyer is in delay with the payment of the purchase price, the consent given to the sale of the goods to a third party is cancelled.

The Buyer is not entitled to dispose of goods which are a subject to a reservation of ownership other than those specified in these terms. The Buyer undertakes to promptly inform the seller that the goods covered by the reservation of ownership have been the subject of execution, or insolvency proceedings or otherwise legally affected.

The seller is entitled at any time to demand the return of the goods which are subject to the reservation of ownership if the buyer is late in paying the purchase price or ordered execution or enforcement of the purchaser’s property or insolvency proceedings against the buyer. In the event of a seller uses this right to return the goods, the purchase contract remains in effect unless the seller expressly withdraws from the purchase contract.

9. FINAL PROVISIONS

In the event of a conflict between GTC and some of the provisions in the accepted offer, the provisions of the accepted offer shall prevail.

If any provision of these GTC or Purchase Agreement becomes invalid or ineffective, it is fully separable from the other articles of that document and other provisions of the GTC or Purchase Agreement remain valid and effective.

 

These terms come into force on 1.11.2018.