I. General provisions
These Business Terms and Conditions apply to purchases at the OBAL CENTRUM sro e-shop at: www.obalcentrum.cz. They regulate relations between the seller and the buyer and are part of the concluded purchase contract.
Relationships not governed by these Terms and Conditions are governed by the provisions of Civil Code No. 89/2012 Coll. and the Consumer Protection Act No. 634/1992 Coll. If the purchase is made by a legal entity (entrepreneur, trading company), the relationship is governed by the Civil Code No. 89/2012 Coll.
The seller may change or amend the wording of these Terms and Conditions. However, this does not affect the rights and obligations arising during the period of effect of the previous version of these Terms and Conditions.
Seller (e-shop operator):
OBAL CENTRUM sro
533 04 Sezemice
ID: 25923536, VAT ID: CZ25923536
The company was registered at KS Hradec Králové, Section C, Insert 14827
Natural person (consumer) or legal person.
A natural person who does not purchase within his business.
Purchase contract where the consumer is the buyer.
III. Conclusion of the purchase contract
- All presentation of goods placed in the e-shop is informative and the seller is not obliged to conclude a purchase contract regarding this goods. Section 1732 (2) of the Civil Code does not apply.
- The purchase contract is concluded at the moment of confirmation of the purchase contract by the seller. The draft purchase contract is understood to mean the buyer's order made via the e-shop.
- Seller immediately upon receipt of the order confirms this receipt to the buyer by e-mail to the address of the buyer specified in the order.
- Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is entitled to ask the Buyer for additional order confirmation, eg in writing or by phone.
IV. Prices and payments
- The prices shown are valid for retail sale via e-shop and are not included in the price for shipping. In the case of larger, in particular carload collection of individual products, the Buyer may contact the Seller's sales department for more favorable terms, discounts, bonuses and, in particular, negotiating a contract price for the goods and its transport.
- The Seller reserves the right to change prices even without prior written or other notice. When changing the price, the buyer has the right to withdraw from the concluded purchase contract.
- Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods at the agreed amount. The price of packing and freight is added to the buyer within the order form based on the chosen method.
- The prices of goods, packing and freight are charged VAT in the amount stipulated by law for the given period.
- In case of cashless payment, the buyer is obliged to pay the purchase price together with the variable payment symbol. In such a case, the buyer's obligation is fulfilled at the moment the relevant amount is credited to the seller's account.
- The Seller is entitled, especially if the Buyer does not provide additional confirmation of the order (according to Art. III / 4), to demand payment of the entire purchase price before the goods are shipped to the Buyer. Section 211 (1) of the Civil Code does not apply.
V. Transport and delivery of goods
- If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
- In the event that the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other means of delivery.
- When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. If the packaging is found to be in breach, indicating the unauthorized entry into the shipment, the Buyer may not accept the shipment from the carrier.
VI. Means of transport and delivery date
- Transport by Expres Van
The marked goods are in stock - the goods are dispatched by the seller within two working days of receiving the order and the total delivery time depends on the chosen mode of transport (from one to four working days from dispatch). According to the chosen mode of transport, the prices for transport also differ.
The goods are not in stock, they must be stocked - in this case the buyer is notified by e-mail within two working days after receiving the order of a longer delivery time and the order is handled by the seller only after his consent.
- Transport by the Seller's contract carrier
Oversized shipments, full-load consignments, multi-pallet shipments, etc. (in accordance with Article IV / 1 of these Terms and Conditions) may be shipped via the Seller's contractual carrier upon agreement with the Buyer. The price of such transport in the territory of the Czech Republic is determined by the agreement of both contracting parties.
The sales department of the seller informs the buyer about the possibilities of convenient transportation and delivery of goods to other countries on request.
- Own transport by buyer (only upon explicit request from the buyer)
The goods are in stock - the goods are ready to be picked up at the Seller's registered office within two business days of receiving the order and the Buyer is invited to receive it by e-mail.
The goods are not in stock, they must be stocked - in this case the buyer is notified by e-mail within two working days after receiving the order of a longer delivery time and the order is only processed after his / her consent. The buyer is again asked to receive the goods by e-mail.
We charge a package fee for our own transport by a forwarding service (the buyer orders his own transport eg PPL, Czech Post, etc.). Small shipments are 30 CZK + VAT , others can vary depending on the size of the shipment. Please include your own shipping information in a note. We will then confirm the entire order by email.
VII. Method of payment of goods
- In cash / by credit card - payment for personal collection of goods in the company premises of the seller.
- COD - cash payment to the carrier upon receipt of the consignment.
- Advance Invoice - advance payment by bank transfer (for orders over CZK 5,000 excluding VAT); the buyer receives the payment details from the seller after order confirmation.
- Bank transfer by bank transfer (prepayment) - bank transfer payment based on confirmed order before delivery. After the payment is credited to the Seller's bank account, the order will be dispatched immediately.
- Cashless transfer to account (invoice with due date) - payment transfer based on an invoice issued by the seller (valid only for regular customers, state organizations, schools and wholesale customers according to unilateral approval by the seller).
- Credit card payment - credit card payment via GoPay.
VIII. Data on e-shop
Execution for IBC containers, barrels, canisters, event. PET bottles may differ from those on the pages.
IX. Withdrawal from the contract
- Withdrawal within the statutory period by the buyer - consumer
Consumer, who has concluded a purchase contract with the help of means of remote communication, has in accordance with the Civil Code No. 89/2012 Coll. the right to withdraw from the purchase contract within 14 days after receiving the goods, even without giving any reason. Information about withdrawal together with the goods must be delivered back to the Seller's registered office or to the Seller's e-mail address email@example.com . To withdraw from the contract, it is possible to use the standard form below on this page, but it is not an obligation.
Upon receipt of the returned goods, including the withdrawal declaration, the Seller shall return to the consumer, within 14 calendar days, the corresponding financial amount by bank transfer to the account specified by the consumer in the withdrawal declaration. The consumer also has the right to reimburse the costs incurred in transporting the goods from the seller (except for the additional costs incurred as a result of the chosen delivery method, which is different from the cheapest standard delivery method). The Seller is entitled to unilaterally set off the claim for damages to the goods against the consumer's claim for refund of the purchase price. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.
The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the delivery of goods that have been modified according to the buyer's wishes or for his person.
In cases where the buyer has the right to withdraw from the contract in accordance with §1829 (1) of the Civil Code, the seller is also entitled to withdraw from the contract at any time until the goods are taken over by the buyer. In this case, the Seller will return the purchase price to the Buyer without undue delay.
- Withdrawal from the Seller
The seller has the right to withdraw from the purchase contract (binding order) if the performance becomes impossible, or if he does not agree with the buyer on the new performance. If the buyer has already paid for the ordered goods in advance and withdraws from the contract for the above reasons, the seller will refund the buyer the full amount within 7 working days of withdrawal.
The seller has the right to withdraw from the purchase contract (binding order) even in case of non-payment of the purchase price according to the goods order in advance, within 7 calendar days or non-collection of goods in case of personal collection (own transport) also within 7 calendar days from the date of order confirmation. Such orders will be canceled in the seller's system and the goods will no longer be reserved.
The entrepreneur shall reimburse the consumer for the costs associated with returning the goods if he has not warned the consumer of the obligation to bear these costs in accordance with Section 1820 (1) (a). G).
§ 1820 par. (g) Indication that, in the event of withdrawal, the consumer shall bear the cost of returning the goods and, in the case of a contract concluded by means of distance communication, the cost of returning the goods if the goods cannot be returned by their usual postal route.
Sample withdrawal form for download: here
X. Claim Complaint
- Seller warrants new packaging for two years, used for 12 months. The complaint is duly claimed by the Buyer at the Supplier always in writing or in person at the Shop.
- The buyer is always obliged to check the physical condition of the goods from the carrier and to apply the defects without undue delay to the carrier or the seller.
- Damage during shipping:
Goods damaged during transport from the collection service will not be taken over by the buyer, they will record the defect in the shipping document of the carrier.
In other cases, when the Buyer discovers a defect or damage to the goods after receiving the goods, he / she claims this immediately, but no later than within 2 calendar days of receipt of the goods. Subsequent claims may be rejected by the seller. In addition to claims for defects, the Buyer is not entitled to damages, especially not to compensation for lost profits due to poor delivery. For easier and faster solution of the complaint, the seller recommends to the buyer to send the photos of the damaged goods to the e-mail firstname.lastname@example.org . The sales department salesman will review the buyer's claim and recommend how to proceed.
- Complaints including removal of defects must be settled to the Buyer without undue delay, no later than 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. The time limit for settling the complaint begins to run on the day following the claim in accordance with Section 605 of the Civil Code. Upon expiry of this period, the buyer is granted the same rights as if he were a material breach of the contract. The 30-day period is not binding on the buyer.
- Download letter: here
XI. Protection of personal data
- The personal data provided by the buyer to the seller as part of the proposal or conclusion of the purchase contract (name and surname, delivery and billing address, e-mail address, telephone number, identification number, tax identification number) is handled in accordance with Act No. 101 / 2000 Coll. on the protection of personal data. All personal data is considered confidential and will not be disclosed to third parties except for distribution companies for the smooth delivery of the ordered goods and thus the completion of the business transaction.
- By sending the order, the buyer gives his consent to the collection and processing of this personal data for the purpose of fulfilling the subject of the purchase contract and use for marketing purposes of the seller (especially for sending commercial communications electronically) for an indefinite period. The buyer has the right to access and correct their personal data. Consent to the use of personal data for marketing purposes of the Seller may be withdrawn at any time by telephone or electronically via e-mail.
- The buyer confirms that the personal information provided is accurate and that he / she has been informed that it is a voluntary provision of personal data.
- The Buyer acknowledges that it is obliged to state its personal data correctly and truthfully and that it is obliged to inform the Seller without undue delay of any change in its personal data. The buyer confirms that the personal information provided is accurate and that he / she has been informed that it is a voluntary provision of personal data.
- The Buyer has the right to access his / her personal data, the right to correct it, and other legal rights to such data. Personal data can be removed from the database on the basis of a written request from the buyer. Buyer's personal data is protected against misuse.
- Personal data will be processed indefinitely. Individual contracts are archived after their conclusion by the seller, in electronic form and are only accessible to the seller.
- If the buyer asks for information on the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request a reasonable reimbursement for providing the information according to the previous sentence not exceeding the costs necessary for providing the information.
XII. Sending commercial communications and storing cookies
- The Buyer agrees to receive information related to the goods, services or business of the Seller to the Buyer's e-mail address and further agrees to receive commercial communications by the Seller to the Buyer's e-mail address.
- Buyer agrees to store so-called cookies on his computer. If the purchase on the website can be made and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being deposited on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
XIII. Other rights
- The warranty conditions are governed by the valid Civil Code No. 89/2012 Coll.
- The Seller is not affiliated with any institution dealing with out-of-court complaint handling. The Buyer may settle any dispute with the Seller by mutual agreement of both parties out of court. In the case of a complaint, it is possible to contact the CEO of OBAL CENTRUM sop Ondřej Valík, tel .: 602 245 018, e-mail: email@example.com.
- The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: www.coi.cz. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
XIV. Final Provisions
- The Seller duly informed the consumer about the scope, conditions and manner of exercising all rights under Section 13 of Act No. 634/1992 Coll. on consumer protection. At the same time, the seller always acts so as not to deny the buyer any rights.
- If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
- If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision, a provision whose meaning to the invalid provision is as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- By sending an order, the buyer agrees to these terms and conditions at all points.
- In the event of a consumer dispute, you have the right to apply to the entity for out-of-court consumption management before applying to the competent court. disputes at CTIA, so-called ADR, more at www.coi.cz
- According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator on-line; in the event of a technical failure, within 48 hours at the latest, if the taxpayer records sales in the current regime in the given cash desk.