General business conditions for wholesale
These General Terms and Conditions for Wholesale (hereinafter referred to as the “Wholesale Terms and Conditions”) define and specify the relations between the contracting parties concluded through the online store www.b2b.tradeconcept.cz (located on the web interface https://www.b2b.tradeconcept.cz , hereinafter referred to as the "web interface"), where on the one hand is the seller, which is the company Trade Concept s ro, 5. května 856/58 Prague 4 140 00, ID: 27096734 (hereinafter also referred to as "Seller" or "Trade Concept" ) and on the other hand is the buyer (hereinafter also referred to as the “Buyer”).
a) Seller: Trade Concept s.r.o
Registered office (invoicing address): 5. května 856/58, Nusle, 140 00 Prague 4
The company is registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 95974.
The seller is a VAT payer.
ID: 27096734, VAT: CZ27096734
Průmyslová 1472/11, Praha 10 - Hostivař, 102 19
Telephone Number: +420 776 868 963
b) the purchasing entrepreneur or legal entity (hereinafter referred to as the “Buyer”)
Buyer means a legal entity or entrepreneur, respectively. a person who buys goods for the purpose of their resale or who carries out a gainful activity in a trade or similar manner with the intention of doing so for the purpose of making a profit, or a person who acts in the name or on behalf of an entrepreneur.
1. Introductory provisions
1.1 Business conditions Trade Concept s.r.o. and the Wholesale Terms and Conditions define and specify the basic rights and obligations of the contracting parties when concluding the Contract for the Sale of Goods via the web interface (hereinafter referred to as the "Contract"). The Seller undertakes, under the conditions stipulated in this Agreement, to make deliveries for the Buyer according to individual orders of the Buyer and the Buyer undertakes to take over the ordered goods and pay the Seller the agreed price.
1.2 Provisions of the Business Terms and Conditions Trade Concept s.r.o. (https://tradeconcept.cz/podminky-prodeje/) are an integral part of the Contract. Provisions deviating from the Business Terms and Conditions can be agreed in the Contract and these take precedence over the provisions of the Business Terms and Conditions of Trade Concept s.r.o. may be changed or supplemented by the Seller. The rights and obligations of the contracting parties are always governed by the wording of the Business Terms and Conditions of the Trade Concept s.r.o. In matters not regulated by these Terms and Conditions, wholesale relations are governed similarly according to the Business Terms and Conditions of Trade Concept s.r.o. In matters not regulated here, the relations of the contracting parties are governed by valid legal regulations, in particular Act No. 89/2012 Coll., The Civil Code, as amended.
1.3 By sending the order, the Buyer confirms that he has read the Terms and Conditions of Wholesale and the Business Terms and Conditions of Trade Concept s.r.o ..
2. Order and conclusion of the contract
2.1 The Buyer makes the order via the web interface or telephone or e-mail communication. The order must always contain the exact name of the ordered goods (or numerical designation of goods), number of goods, selected method of payment and transport and contact details of the buyer (name and surname or company name, identification number, delivery address, telephone number, e-mail address ). The Buyer is also obliged to prove that he is an entrepreneur by sending a copy of a trade license or other authorization or an extract from the Commercial Register to the contact e-mail of the Seller.
2.2 The seller is not obliged to confirm the received order. An unconfirmed order is not binding on the Seller. The seller is entitled to verify the order in case of doubts about the authenticity and seriousness of the order. The Seller may reject an unverified order.
2.3 The Contract is concluded at the moment when the Buyer has received the acceptance of a binding order by the Seller.
2.4 The subject of the contract are only the items explicitly stated in the order (hereinafter referred to as the goods). Weights, dimensions and other information contained in catalogs, brochures and other printed matter are non-binding information, unless they have been expressly stated in the contract as binding. The seller undertakes to supply its customers with goods complying with the standards and regulations in force in the Czech Republic.
2.5 In the event of cancellation of the order by the Buyer, not demonstrably caused by the Seller, the Seller is entitled to a cancellation fee of 50% of the price of the goods.
3. Wholesale prices
3.1 On the Trade Concept s.r.o. provides the Seller to the Buyer wholesale prices for the resale of goods, or a trade discount.
3.2 The Buyer will find information about individual prices on the Web Interface after registering and logging in to his account.
3.3 In the case of larger orders, orders, resp. projects, the Buyer has the opportunity to request individual conditions (discounts, shipping, etc.), which are part of the agreement of the parties.
4. Delivery and payment terms
4.1. If the goods are in stock, they are ready for collection in our external warehouse, usually within 5 days of order confirmation. In case of interest, we can also send the goods to the required address for an additional fee. If the goods are currently sold out, we can make a reservation and deliver the goods as soon as they are available. For the first order, we require payment in advance or upon receipt of the goods (can be paid in stock in cash), for repeated orders, we provide the goods on invoice.
4.2 Before taking over the goods, the Buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier of any defects. A report will be written on the defects. If a defect report is not written, the Buyer loses the claims arising from the damaged packaging of the goods.
4.3 Immediately after taking over the goods, the Buyer is obliged to check the goods, in particular he is obliged to check the number of pieces of goods and its completeness. In the event of non-compliance, he is obliged to notify the Seller without undue delay, but no later than within 2 working days of receipt of the goods. The Buyer is obliged to document the detected defects in a suitable manner and send this documentation to the Seller together with the notification of the defect.
4.4. The seller is not liable for damage to the goods caused by transport, unless he arranges it himself.
5. Withdrawal from the contract
5.1 Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the purchase contract if it finds serious reasons preventing delivery of the ordered goods to the Buyer, eg if it is unable to meet the required delivery date, required design, quality, etc. eg the product has stopped production in the required design - change of material, color, etc.).
In such a case, the Seller shall return to the Buyer a part of the purchase price already paid by the Buyer, non-cash to the account communicated to him for this purpose by the Buyer or the account from which the funds were transferred to pay the purchase price.
5.2 The Seller is also entitled to withdraw from the contract if the Buyer is in arrears with the payment of the purchase price of the goods for more than 2 weeks.
5.3 The buyer is entitled to withdraw from the contract if the seller delays the delivery of goods for more than 40 days from the agreed delivery date.
5.4 The buyer is not entitled to withdraw from the contract regarding goods that have been delivered properly, on time and without defects.
5.5 Withdrawal from the contract must be made in writing. Withdrawal from the contract is effective by delivery of the notice of withdrawal to the other party.
6. Warranty period, complaints
The warranty period begins from the date of receipt of the goods by the buyer or end user. The goods are delivered with a 24 month warranty. The claimed goods during the warranty period must be delivered to the company's headquarters for the complaint, including all accessories that were in the packaging of the product and should be packed in the original packaging. The customer files a complaint with the seller, who usually handles the complaint within 3 working days, in complex cases within a maximum of 30 days. Complaints are governed by §612 et seq. Of the Civil Code and in the sense of the provisions of §13 and §19 of Act No. 634/92 Coll. On consumer protection and as amended by Act No. 104/95 SB and the Civil Code. Complaints are usually resolved by exchange, repair, refund or discount of the claimed product.
7. Rights from defective performance
7.1 The conditions for exercising the rights arising from defective performance and warranty liability are governed by these Business Conditions.
8. Protection of personal data
8.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
8.2. The Buyer agrees to the processing of the following personal data: name and surname, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "personal data").
8.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations of the purchase contract and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
8.4. The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of any change in his personal data.
8.5. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
8.6.Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
8.7. The Buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
8.8. In the event that the buyer believes that the seller or processor (Article 8.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with regard to the purpose of their processing, may:
8.8.1. Ask the seller or processor for an explanation,
8.8.2.request that the seller or processor removes the situation thus created.
9. Final provisions
9.1 If the relationship related to the use of the Web Interface or the legal relationship established by the Agreement contains an international (foreign) element, then the contracting parties agree that the relationship is governed by Czech law.
9.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective or inapplicable, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. Changes and additions to the contract or business conditions require a written form.
9.3 In the case of specific orders, resp. orders requiring other than standard conditions, it is possible to solve these requirements and individual conditions in the form of a separate Contract for Work (Purchase Contract) for individual sub-orders or. orders.
These general business conditions for wholesale are valid and effective from 01.10.2020.
In Prague, October 1, 2020