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 firstname.lastname@example.org.
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.