Business Terms and Conditions
General Terms and Conditions valid as of 1 January 2015
(Business Terms and Conditions and Complaint Handling Rules of the www.kb-blok.cz Internet Shop)
1. General Provisions
1.1 Business Terms and Conditions and Complaint Handling Rules of the www.kb-blok.cz Internet Shop (hereinafter, “Business Terms and Conditions”) apply to purchases in the www.kb-blok.cz Internet Shop,
1.2 These Business Terms and Conditions define and specify rights and obligations of the Seller and the Buyer (hereinafter the “Buyer” or “Customer”). The Seller’s data is as follows:
Company: KB-BLOK systém, s.r.o.
Registered office: Masarykova 635, Postoloprty
Company ID No.: 14866021
Tax ID No.: CZ14866021
email address: info@kb-blok.cz
tel.: 415 778 311
1.3. A Customer who is a Consumer has the right to turn to an entity providing out-of-court dispute settlement, which is the Czech Trade Inspection Authority (www.coi.cz) in this case.
1.4 If the Buyer is a Consumer as defined in 2.2 below, the relationships not defined by these Business Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) and Act No. 634/1992 Coll. on Consumer Protection, as amended (the “Consumer Protection Act”).
1.5 If the Buyer is an entity other than a Consumer as defined in 2.3 below, relationships not defined by these Business Terms and Conditions are governed by the Civil Code (while Section 2158, paragraph 1 of the Civil Code says that provisions of Sections 2158-2174 do not apply).
1.6 A Buyer’s purchase order by means of the eshop is regarded as an offer; order confirmation by the Seller is regarded as acceptance of the offer. The purchase agreement is concluded upon the Buyer’s receipt of the order confirmation.
1.7 By making the purchase agreement, the Buyer confirms that they have been informed about these Business Terms and Conditions, knows its content and agrees with it, including the Complaint Handling Rules, and agrees with them. The Buyer shall be notified of these Business Terms and Conditions and the Complaint Handling Rules in a satisfactory manner before placing an order, having had the opportunity to become familiar with them. These Business Terms and Conditions are an integral component of a concluded purchase agreement.
2. Definition of Terms and Purchase Agreement Conclusion Procedure
2.1 The Seller is a legal entity that concludes and performs the agreement as part of its business. The Seller supplies the Buyer with products or provides services directly or by means of other businesses.
2.2 A Consumer Buyer is any Buyer unless they are an entity other than a Consumer as defined in 2.3 below.
2.3 An other-entity Buyer is a Buyer who is an entrepreneur and it is evident from the circumstances at the agreement conclusion that the purchase relates to its business. That said, an entrepreneur is someone who performs a profitable activity on the basis of a trade licence or in a similar manner at their own account and liability with the aim to perform the activity systematically in order to generate profit. The term entrepreneur also applies to any person that makes agreements related to its own commercial, manufacturing or other activity or as part of its own independent profession, or a person acting in the name of or on the account of an entrepreneur.
2.4 Subject matter of purchase – Based on the purchase agreement, the subject matter of purchase is the products specified in the Seller’s binding order confirmation, whereby the purchase agreement is concluded (hereinafter “products”). The subject matter of the agreement or the purchase price excludes installation of products or carrying of products upstairs. Product information available at www.kb-blok.cz is shown based on currently available data and information. Product information, including purchase price, at the time of the Seller’s delivery of the order to the Buyer is decisive.
2.5 The prices are negotiated prices and are shown including VAT (the Seller is a VAT payer). The Seller’s price list is posted at http://www.kb-blok.cz/ke-stazeni/cenik. These prices are also shown for each product item in the e-shop. In the event of a discrepancy between the Seller’s price list price and the e-shop price, the price shown on the price list is valid. The price of products is augmented with fees for packaging and transport of products to the Buyer and pallets (all of which is collectively referred to as the “Purchase Price”), which will be communicated to the Buyer before order confirmation.
2.6 The procedure when making a purchase agreement is as follows. The Buyer’s purchase order is a draft purchase agreement. The purchase agreement is concluded by acceptance of the draft, namely by the Seller’s binding order confirmation delivered by email to the Buyer. The Buyer’s purchase order and the Seller’s binding order confirmation are considered to be delivered if the parties for whom they were intended can become acquainted with them. From that moment, mutual rights and obligations arising from the purchase agreement concluded are established between the Buyer and the Seller. If the Buyer identifies any defects or other discrepancies in the binding order confirmation, the Buyer shall inform the Seller thereabout, ideally by email, no later than the Seller’s notification on dispatch of the products purchased. Changes and additions to a purchase order, whether or after the Seller’s purchase order acceptance, have to ideally be made by email to: info@kb-blok.cz, or by telephone at: 415 778 311; however, such changes and additions are effective for the Seller after the Seller’s approval. The Seller is entitled to refuse a purchase order if the products ordered cannot be delivered to the Buyer due to an out-of-stock situation or product unavailability (factual inability to perform). The Customer shall be informed about the purchase order cancellation by telephone or email. Among other things, the Seller reserves the right to cancel a purchase order or a part of it before making the purchase agreement, based on an arrangement with the Buyer, in the following cases: the product is no longer made or supplied, or the product supplier’s price has changed significantly. If the Buyer has already paid the entire purchase price or any part of it, the amount will be returned to the Buyer's account or address and the purchase contract will not be concluded. No consumer rights may be exercised in relation to gifts provided free of charge. Such products meet the terms and conditions of a deed of donation and all standards laid down by legislation of the Czech Republic in force.
3. Rights and Obligations of Parties, Ownership Qualification
3.1 Conclusion of a purchase agreement obliges the Seller to deliver the subject matter of purchase to the Buyer and obliges the Buyer to accept the subject matter of purchase and pay the agreed price for it to the Seller, i.e., the Purchase Price of the products and the shipping fee. A purchase agreement is concluded upon the sending of the purchase order.
3.2 The Seller shall deliver products specified in the Buyer’s electronic purchase order (purchase order delivered by electronic mail) on an order form completed by the Buyer when ordering the product, which is confirmed by the Seller’s binding order confirmation.
3.3 The Seller pledges to deliver to the Buyer a flawless product in accordance with the legal system of the Czech Republic, to the address specified by the Buyer, if said address is within the Czech Republic.
3.4 The Buyer is required to accept the products ordered and delivered in accordance with the purchase agreement and the Business Terms and Conditions. The Buyer is required to pay to the Seller the Purchase Price and shipping fee pursuant to these Business Terms and Conditions and on time and in accordance with any terms and conditions agreed in the purchase agreement and the Business Terms and Conditions.
3.5 The proprietary title to the products only passes to the Buyer after full payment of the Purchase Price. The risk of accidental destruction and accidental deterioration of the products passes to the Buyer upon handing the products to the Buyer.
3.6 Until full payment of the Purchase Price of the products, the Buyer is not permitted to integrate or include the products, combine them into functional assemblies or cause its cessation as a separate item in any way. In case the Buyer violates this obligation or permits third parties to do so, even by negligence, the Buyer shall pay the Seller a contractual penalty amounting to the sum of Purchase Prices of all the integrated products or products that have ceased to exist as a subject of legal relationships for any other reason.
3.7 In accordance with Section 1829, paragraph 1 of the Civil Code, the Consumer Buyer has the right to withdraw from the purchase agreement within fourteen days without stating any reasons. The period in the previous sentence starts
- on the product acceptance day for purchase agreements;
- on the day of acceptance of the last product delivery for agreements covering several types of products or delivery of several parts; or
on the day of acceptance of the first product delivery for agreements covering periodic repeated product deliveries.
The above period for withdrawal from the purchase agreement is regarded as respected if the Consumer Buyer sends a notification of withdrawal to the Seller in the course of the period. In that case, the Consumer bears the direct costs of returning the products and the direct costs of the returned products. Costs of returning the products include costs of restoring the products to the original condition in case the products have been damaged or show signs of wear, providing that the product value has been reduced as a consequence of handling the products in any way other than necessary for learning about the nature and properties of the products, including their functionality. In case returned products are damaged, non-functioning, incomplete or showing signs of wear and/or use as per the previous sentence, the Consumer Buyer shall be returned any money that the Seller received from the Buyer reduced by the costs expended by the Seller to restore the products to their original condition. This does not affect the Seller’s right to indemnification.
3.8 In case the Consumer Buyer decides to withdraw from the purchase agreement, the Seller recommends the following procedure: the Buyer contacts the Seller ideally by email or by telephone, or in any other form of unilateral legal act, such as a letter sent by means of the postal service operator to the Seller’s registered office address or by email to info@kb-blok.cz, specifying in writing that the Buyer is withdrawing from the agreement, specifying the purchase order number, date of purchase and account number for returning the money (i.e. the Purchase Price and costs of product delivery to the place specified by the Buyer). The Seller shall confirm to the Consumer Buyer, in a text form, the acceptance of the legal act representing the withdrawal, without undue delay. If a Consumer Buyer withdraws from an agreement, the Consumer Buyer shall send to the Seller, without undue delay, within fourteen days of the withdrawal at the latest, the products received from the Seller; this period is regarded as observed if the Consumer Buyer sends the products to the Seller within it. Products should be returned to the Seller (not COD) complete, ideally in its original packaging; it must not show signs of wear or damage. The costs of product return shall be borne by the Buyer. All money received by the Seller from the Consumer Buyer, including costs of delivery (except additional costs due to the delivery method chosen by the Consumer Buyer that is not the cheapest standard delivery method offered by the Seller), shall be returned using the same payment instrument used by the Consumer Buyer for making the initial transaction (unless the Consumer Buyer explicitly specifies otherwise), within fourteen days of the withdrawal, but no sooner than the Consumer Buyer has handed over the products to the Seller or proves to have sent the products to the Seller. Postage for product return shall be paid by the Buyer.
The Consumer can use this form as well for withdrawal from a purchase agreement.
(We can send it to you in electronic form if you so wish.)
ADDRESSEE: (Seller)
.....................................................................................................................
.....................................................................................................................
- I/We(*) inform you that I/we(*) hereby withdraw from the agreement on purchase of the following product(s):
...............................................................................................................
- Date of ordering: ................................................................................
- Name(s) and surname(s) of Consumer Buyer(s): ...........................................
- Address of Consumer Buyer(s): ........................................................
...............................................................................................................
- Sale certificate number: ..............................................................................
- Purchase order number: .......................................................................................
- Please return the Purchase Price
by direct transfer to bank account number:
................................................ /........................
- Signature(s) of Consumer Buyer(s) (only if this form is sent in paper form):
.....................................................
- Date
: ...................................................
*Delete or add as required.
Agreement withdrawal form template
(only complete this form and send it back if you wish to withdraw from the agreement)
4. Payment Terms and Conditions
4.1 Products shall only be handed to the Buyer after full payment of the Purchase Price. If the parties only agree payment of the Purchase Price after product delivery, the Buyer is required to respect the maturity of the taxable bill issued by the Seller.
4.2 If products are not paid for in accordance with the purchase order within 14 days after the maturity date, the Seller shall cancel the purchase order and inform the Buyer thereof, in which case both Parties shall be considered to have withdrawn from the purchase agreement.
4.3 The Purchase Price is paid at the time of the Seller’s account being credited with the amount equalling the Purchase Price, depositing the cash with the Seller, or the time of the authorisation centre approving the payment by card.
4.4 Pursuant to the Takings Registration Act, the Seller is required to issue a bill for the Buyer. At the same time, the Seller is required to register the takings with the tax authority on-line, or within 48 hours in the case of a technical failure.
4.5 In case the Buyer fails to observe the maturity date, the Buyer pledges to pay a contractual penalty of 0.05% of the outstanding amount per day of delay, even if incomplete.
5. Delivery Time and Transport
5.1 The Seller shall organise for the Buyer, at the Buyer’s request (depending on the purchase order box settings), transport of the products to the specified destination. If the Buyer chooses to collect the products at the Seller’s facility, the Buyer shall be informed by email about product availability for collection and any special conditions for the collection. Products are delivered at the time of handover to the first carrier or on the day the Buyer is informed about the possibility and place of product collection.
5.2 In the case of personal collection, the Buyer is required to collect the products from the Seller’s specified facility within 7 days, unless the Parties have agreed otherwise in writing or in the purchase order. If the collection period is exceeded by more than 3 days, a storage fee of 0.01% of the Purchase Price of the ordered products shall be charged, excluding the shipping fee, for each day, even if incomplete, until the Buyer collects the products.
5.3 Products are typically delivered on pallets. The prices, types and rules for handling the pallets are specified in the Seller’s price list, posted at http://www.kb-blok.cz/cs/ke-stazeni/cenik.shtml on the Seller’s website, which as such comprises an integral component of these Terms and Conditions.
5.4 If the Buyer does not collect products (for personal collection) within 30 days of the expiry of the collection period, the Seller may withdraw from the agreement. In such a case, the Parties shall return any performance provided and the Buyer shall indemnify the Seller for damages incurred, particularly a storage fee as per 5.2 above.
5.5 If products delivered to the Buyer are not accepted without a reason or in case the Buyer is not reached by the Seller, the Buyer is required to pay the extra costs for the vain transport of products. The Buyer is also required to pay any extra costs incurred as a result of Buyer fault or as a consequence of force majeure (detour, etc.).
5.6 On shipment acceptance, the Customer has to inspect the shipment in order to determine whether the packaging is intact and the shipment shows any obvious signs of damage. This inspection is not concerned with the shipment contents. If the Buyer finds any obvious signs of damage on shipment acceptance, the Customer is not required to accept the shipment and shall make a damage report with the carrier. The Buyer shall inform the Seller about shipment damage during transport without undue delay. It is recommended to make such damage report to the Seller in writing by email or by telephone. If the Buyer takes over a damaged shipment from the carrier, the damage has to be described in the carrier’s handover report. At the same time, the Customer shall check the number of parcels in the transport note, which has to be identical to the actual number of parcels delivered. In case the number of parcels in the transport note does not match the number of parcels delivered, the Customer shall accept the shipment with a reservation in the transport note and report the complaint in writing by email or by telephone. Failing this, the complaint about missing parcels will not be acknowledged.
5.8 The shipping fee is determined based on products ordered, and the Buyer is informed about the price in the order confirmation.
5.9 If the Buyer organises the transport, the Buyer is required to follow the Seller’s instructions when loading and fastening the material. The Seller is not liable for any damage incurred as a consequence of wrong attachment or placement of products on the Buyer’s vehicle.
6. Acceptance Quality Warranty, Rights Due to Flawed Performance, and Complaint Handling Rules
6.1 The Seller warrants to the Consumer Buyer that the item is free of defects on acceptance (acceptance quality warranty under Section 2161 of the Civil Code). The invoice for the products is also the warranty certificate. The complaint handling period shall be suspended if the Seller did not receive all documents necessary for processing the complaint (parts of the products, other documents, etc.). The Seller is required to ask the Buyer to provide additional information as soon as possible. The period shall be suspended from that date until the Buyer provides the requested information.
6.2 If the item lacks properties specified in Section 2161 of the Civil Code, the Consumer Buyer may request delivery of new products free of any defects, unless such a requirement is not disproportionate to the nature of the defect, but if the defect is only related to a part of the products, the Buyer may only request replacement of that part; if replacement is not possible, the Buyer may withdraw from the agreement. However, if that is disproportionate to the nature of the defect, especially if the defect can be eliminated without unnecessary delay, the Buyer has the right to elimination of the defect free of charge. Should the Consumer Buyer not withdraw from the agreement or fail to exercise the right to receive new defect-free products, or to have a part of the product replaced or repaired, the Buyer may require a reasonable discount. The Consumer Buyer has the right to a reasonable discount in case the Seller cannot deliver a new item free of defects, replace its part or repair the item, and in case the Seller fails to make amends within reasonable time or in case making amends would cause the Consumer Buyer considerable difficulties.
6.3 If a defect occurs within six months after the Consumer Buyer’s product acceptance, it shall be understood that the item was defective on acceptance.
6.4 The Buyer is not entitled to any rights due to flawed performance if the product defects were caused by the Buyer’s product transport or by the Buyer’s inexpert handling or installation.
6.5 The Seller is not liable for defects in products sold at a lower price for which the lower price was negotiated.
6.6 The Seller reserves the right to minor technical changes to products sold.
6.7 The right due to flawed performance does not apply to product wear caused by ordinary use, inappropriate use or treatment, weather conditions, inexpert handling, deliberate damage or to defects about which the Customer was informed in writing in the purchase agreement.
6.8 Complaints about defects have to be filed with the Seller in writing or by means of a complaint form. Each complaint has to contain at least the purchase order number, a photograph of the defect, a description of how the defect is manifested, and a requirement for the method of satisfying the complaint claim.
6.9 The Consumer Buyer is entitled to exercise the right due to defects that occur in products within twenty-four months after acceptance; the period is six months after acceptance for other-entity Buyers. The Parties agree a period for exercising rights due to flawed performance for used products of twelve months after acceptance.
6.10 The Seller is not liable for the functionality and suitability of products if used for a purpose other than that common for the products, or for damage to products caused by inexpert storage, handling or transport of the products.
6.11 The warranty also does not apply to differences in the tone of the surface colour of delivered products and to differences caused by calcareous or ferrous laitance (free lime emerging on product surface) and, since these are not product defects, these differences do not constitute a discrepancy with the purchase agreement.
6.12 The following is stipulated differently from the applicable provisions of the Civil Code for other-entity Buyers in the case of flawed performance:
- the occurrence of reparable defects is always regarded as an immaterial agreement violation, not a material one;
- in the case of an immaterial violation, the other-entity Buyer has the right to defect elimination and/or a reasonable discount on the Purchase Price, as chosen by the Seller;
- in the case of a material violation, the other-entity Buyer has the right to a reasonable discount on the Purchase Price or withdrawal from the agreement.
6.13 If the Customer finds a shipment damage other than an obvious one probably caused by the carrier, the following procedure is recommended. The Customer informs the carrier company without undue delay, within 3 business days at the latest from the day on which the shipment was delivered to the Customer, and asks the carrier company for a written report on the damage, shipment collection at the Customer and its delivery to the Seller. The Customer is not allowed to handle the shipment in any way and has to assure retention of the packaging in which the shipment was delivered. At the same time, the Customer informs the complaints department of the Seller’s e-shop about the shipment damage and submits it with photo documentation of the damaged goods, the packaging and the label.
6.14 The Buyer can make a complaint to the Seller by email to info@kb-blok.cz or by telephone at the number shown on the e-shop website; there is also the option to send a letter to the Seller. In each case, the Buyer shall attach the product complained about.
6.15 The Seller decides about the Consumer Buyer’s complaint immediately, or within 3 business days in complicated cases. This period excludes adequate time depending on the type of product or service needed for professional assessment of the defect. The complaint, including defect elimination, has to be settled without undue delay, within 30 days at the latest of the complaint date, unless the Seller and the Consumer Buyer agree a longer period.
6.16 The Consumer is informed about the complaint outcome in the way chosen by the Consumer – either sms, email or by telephone. If the Buyer fails to accept a complained product from the carrier without stating any reasons, the Seller reserves the right to charge a storage fee of CZK 25 per day, even if incomplete, after 30 days of the non-acceptance. The Seller bears the costs of the transport (delivery).
7. Final Provisions
7.1 All the contractual relationships are governed by the Czech Republic’s legal system.
7.2 These Business Terms and Conditions enter into effect on the date of their publication and are decisive in their respective wording for any purchase orders made on that date or later. The Seller reserves the right to change these Business Terms and Conditions. Any new wording of the Business Terms and Conditions will be published on the Seller’s www.kb-blok.cz website. The force of the previous Business Terms and Conditions is discontinued as of the date of their publication; however, this has no effect on purchase agreements concluded under the previous wording of the Business Terms and Conditions (see the first sentence of this paragraph).
7.3 The Buyer is not entitled to cede, without the Seller’s consent, its receivable from the Seller arising from the purchase agreement to a third party.
7.4 Special arrangements made with the Customer in the purchase agreement take preference over the provisions of these Business Terms and Conditions that would contradict them.
8. Personal Data Protection
8.1 The Buyer agrees with any personal data provided by the Buyer being processed and stored by the Seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for performance of the subject matter of the agreement. The Buyer has the right to be informed about the nature of the data kept about them by the Seller, and to change such data, or to disagree with its processing in writing. Supervision over personal data protection is done by the Personal Data Protection Authority.
8.2 The Buyer may inform the Seller that the Buyer wishes to discontinue receiving commercial communications to the email address obtained in connection with the agreement performance, without incurring any costs by doing so.
