Terms and Conditions
GENERAL TERMS AND CONDITIONS OF MX 777 S.R.O. FOR LEGAL ENTITIES AND ENTREPRENEURS
General terms and conditions of the business company MX 777 s.r.o., ID: 19265913, with its registered office at 1. máje 185, 385 01 Vimperk, for the sale of goods through the online store located at the internet address www.mx777.cz.
- INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter also referred to as “business conditions”) of the business company MX 777 s.r.o., ID: 19265913, with its registered office at 1. máje 185, 385 01 Vimperk, registered in the Commercial Register kept at the Regional Court in České Budějovice, section C, insert: 33 152 (hereinafter also referred to as “seller”) regulate the mutual rights and obligations of the contracting parties, arising in connection with or pursuant to a purchase contract (hereinafter also referred to as “purchase contract”) concluded between the seller and a legal entity or entrepreneur (hereinafter also referred to as “buyer”) through the seller's online store operated on the website located at the internet address www.mx777.cz (hereinafter also referred to as “website”) through its interface (hereinafter also referred to as “web interface”).
1.2. These business conditions do not apply to cases where the person intending to purchase goods from the seller is a natural person – a consumer in accordance with section § 1751 subsection 1 of Act No. 89/2012 Coll., the Civil Code. For these cases, the General Business Conditions for Consumers apply.
1.3. Provisions differing from these business conditions can be agreed upon in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these business conditions.
1.4. The provisions of these business conditions are an integral part of the purchase contract. The purchase contract and the business conditions are drafted in the Czech language. The purchase contract can be concluded in Czech.
1.5. The wording of these business conditions may be changed or supplemented by the seller at any time. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the business conditions.
- CONCLUSION OF THE PURCHASE CONTRACT
2.1. All presentations of goods placed in the web interface are of an informative nature, and the seller is not obliged to enter into a purchase contract regarding this merchandise. The provision of § 1732 subsection 2 of the Civil Code shall not apply.
2.2. The web interface contains information about goods, including the prices of individual goods. Prices of goods are stated including value-added tax and all related fees. Prices of goods remain valid for the time they are displayed on the web interface. This provision does not limit the seller's ability to enter into a purchase contract under individually agreed conditions.
2.3. The web interface also includes information about the costs associated with packaging and delivering goods.
2.4. To order goods, the buyer fills out an order form in the web interface. The order form particularly includes information about:
2.4.1. the ordered goods (the buyer “inserts” the ordered goods into the electronic shopping cart of the web interface),
2.4.2. the method of payment of the purchase price, details on the requested delivery method of the ordered goods, and
2.4.3. information about the costs associated with delivering the goods (hereinafter also referred to as “order”).
2.5. Before sending the order to the seller, the buyer has the opportunity to check and modify the data that the buyer has entered into the order, including the ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the “BUY” button. The data that the buyer has provided in the order are considered correct by the seller. The seller will immediately confirm receipt of the order to the buyer by email, to the buyer's email address provided in the order (hereinafter also referred to as “the buyer's email address”).
2.6. In case of providing wholesale prices, the seller will send the buyer the current prices in the form of a price offer via email.
2.7. The purchase contract proposal in the form of an order or price offer is valid for fifteen days.
2.8. Depending on the nature of the order (purchase price amount, quantity of goods, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (e.g., in writing or by telephone).
2.9. A contractual relationship between the seller and the buyer is established by the delivery of the order acceptance (so-called acceptance), which is sent by the seller to the buyer by email, to the buyer's email address.
2.10. The buyer agrees to use remote communication means (e.g., in writing or by telephone) when concluding the purchase contract. The costs incurred by the buyer for using remote communication means in connection with concluding the purchase contract (costs for telephone calls, internet connection fees) are to be covered by the buyer himself. These costs do not differ from the standard rate.
2.11. In case any of the requirements specified in the order cannot be met by the seller, the seller will send a modified offer to the buyer's email address or by phone, stating possible variants of the order and request the buyer's opinion. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is in such a case concluded only upon acceptance by the buyer via email.
2.12. The seller has the right to change the price of goods if required by the situation, but must inform the buyer before sending the order and issuing the invoice. Without the buyer's approval of the new price, the seller does not have the right to send the order or issue an invoice for the new price.
2.13. In the event of an order cancellation by the buyer, after the seller has confirmed the order bindingly, the seller is entitled to a cancellation fee of 50% of the price of the goods. If the seller has already incurred costs in connection with the contract, he is also entitled to compensation for these costs incurred in full. The cancellation fee does not apply if the order is cancelled due to a change in the price or nature of the ordered goods by the seller.
2.14. If the buyer orders goods not standardly offered in the e-shop, the seller will notify them via email and wait for a binding confirmation of this order. In this case, if the buyer cancels the order for which a price has been mutually agreed upon, the seller is entitled to a cancellation fee of 100% of the price of the goods. Furthermore, the seller is entitled to compensation for all costs incurred in connection with the contract.
- PRICE OF GOODS AND PAYMENT TERMS
3.1. The price of the goods and any associated delivery costs per the purchase agreement can be paid by the buyer to the seller using non-cash payment methods of the e-shop – non-cash via the ComGate payment system or non-cash transfer to the account (the seller's account is XXXX (IBAN: XXXXX, BIC/SWIFT: XXXXX) held by the company XXXXX (hereinafter referred to as "seller's account") or in cash on delivery at the location specified by the buyer in the order.
3.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
3.3. The seller is entitled to require a deposit on the order if the total price of the ordered goods exceeds 5,000 CZK or in the case of mutual agreement between the parties. The amount of the deposit is usually set at 70% of the total order price. The final amount of the deposit is always agreed upon individually depending on the nature of the goods and may reach up to 100% of the total price.
3.4. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.5. In case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the price is due within five days of receiving the order, unless otherwise agreed by the contractual parties. The buyer's obligation to pay the price of the goods is fulfilled at the moment the corresponding amount is credited to the seller's account. The buyer is aware that they must specify the correct variable symbol for non-cash payments.
3.6. If the due date is not met according to these commercial conditions, the buyer can be charged interest on late payments at the rate of 0.5% of the due amount for each day of delay. This does not affect the seller's right to compensation for damage caused by the buyer's delay.
3.7. In case of delay in payment of the goods price by the buyer, the seller is also entitled to suspend further agreed deliveries of goods until all due debts of the buyer are paid.
3.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – an invoice regarding payments made based on the purchase contract to the buyer. The seller is a VAT payer. The tax document – invoice is issued by the seller to the buyer after the payment of the goods price and sent in electronic form to the buyer's email address.
3.9. Immediately upon receipt of the goods, the buyer is obliged to inspect the goods, especially to check the number of items and their completeness. In case of any discrepancy, the buyer must report it to the seller without unnecessary delay, but no later than within 24 hours of receiving the goods. Detected defects must be properly documented by the buyer and this documentation sent to the seller along with the defect notification.
3.10. The non-receipt of the goods by the buyer does not affect the right of the seller to demand payment of the purchase price in full.
3.11. In case of non-receipt of the goods, all costs associated with the transport and packaging will be charged to the buyer. In the event of the return of damaged goods to the seller, the buyer is obliged to pay the full price of the damaged goods even if the damage occurred during transportation and the damaged package is returned to the seller.
- WITHDRAWAL FROM PURCHASE AGREEMENT
4.1. The buyer is not entitled to withdraw from the contract regarding goods that have been delivered properly, on time, and without defects.
4.2. The buyer has the right to withdraw from the contract at any time until the goods are received, but acknowledges that in this case, points 2.13 and 2.14 of these terms and conditions will apply, and the seller will charge a cancellation fee.
4.3. The buyer is entitled to withdraw from the contract if the seller is delayed in delivering the goods for more than 4 weeks from the agreed delivery date.
4.4. Until the goods are received by the buyer, the seller is entitled to withdraw from the purchase agreement at any time. In such case, the seller shall refund to the buyer the purchase price already paid, by non-cash transfer to the account provided by the buyer for this purpose or the account from which the funds were transferred to pay the purchase price (if the buyer fails to notify the seller within 5 days of withdrawal). The seller undertakes not to unnecessarily delay the refund of the purchase price and will inform the buyer of the refund deadline via email or telephone.
4.5. Furthermore, the seller is entitled to withdraw from the contract if the buyer is in delay with the payment of the purchase price of the goods for more than 4 weeks. In this case, the seller is also entitled to a contractual penalty in the amount of 50% of the price of the goods.
4.6. Withdrawal from the contract must be made in writing, and in the case of contracts concluded electronically, also electronically. Withdrawal from the contract shall be effective upon delivery of the withdrawal notice to the other contracting party.
4.7. The buyer, who is a consumer, is entitled (in the case of a contract concluded at a distance) to withdraw from the contract within a period of 14 days from the date of receiving the goods.
4.8. The seller reserves the right to allow the buyer to withdraw from the contract within 14 days of receiving the goods, but the refunded amount will be reduced by the amount by which the value of the goods has decreased and by the costs associated with processing the order. The buyer is not entitled to a refund of shipping, cash on delivery, and packaging costs. If the buyer returns the goods in damaged packaging, or without packaging, or if the goods have other defects, the amount of this damage shall be quantified and deducted from the purchase price to be refunded to the buyer. The buyer - entrepreneur acknowledges that they do not normally have the right to withdraw from the contract and that allowing withdrawal from the contract is an expression of the seller's goodwill and cannot be claimed by the buyer. In the event of withdrawal from the contract by the buyer, the seller is obliged to refund all received payments, including delivery costs, no later than 14 days from the receipt of the withdrawal from the contract and the return of the goods.
4.9. If the seller provides a gift to the buyer together with the goods, a gift contract is concluded between the seller and the buyer with a termination condition, that if the buyer withdraws from the purchase contract, the gift contract regarding such gift becomes ineffective, and the buyer is obliged to return the provided gift to the seller along with the goods.
4.10 For goods made to order or clearly personalized for a specific buyer, such as motorcycle stands with a logo or name, the right to withdraw from the contract without giving a reason within 14 days does not apply. In the event of a complaint or withdrawal from the contract for such goods, we follow specific conditions set for these goods, in accordance with applicable legislation.
- WARRANTY CLAIMS
5.1. The seller warrants to the buyer that the goods are free from defects upon receipt. In particular, the seller warrants to the buyer that at the time when the buyer took over the goods:
5.1.1. the goods have the qualities that the parties agreed upon, and if there is no agreement, they have such qualities that the seller or manufacturer described or that the buyer expected given the nature of the goods and based on the advertising carried out by them,
5.1.2. the goods are suitable for the purpose for which the seller specifies its use or for which goods of this kind are usually used,
5.1.3. the goods correspond to the agreed quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
5.1.4. the goods are in the appropriate quantity, measure, or weight,
5.1.5. the goods comply with the requirements of legal regulations.
5.2. The seller does not provide any warranty for quality to entrepreneurs and legal entities, and the provisions of § 2113 of the Civil Code shall not apply unless otherwise individually agreed.
5.3. The provisions stated in Article 5.1 of the terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by its normal use, for used goods for defects corresponding to the extent of use or wear and tear that the goods had at the time of receipt by the buyer, or if it arises from the nature of the goods.
5.4. Differences in shades of colors in reality and on electronic display devices shall not be considered as defects of the goods.
5.5. Differences in motifs, designs, or designs of products shall not be considered defects of the goods if the seller notifies the buyer thereof in advance.
5.6. The buyer's rights from defective performance are governed by the Civil Code, in particular §§ 2099 to 2117.
5.7. If the defect of the goods constitutes a material breach of contract, the buyer is entitled to the following rights from defective performance:
5.7.1. removal of the defect by delivering a new defect-free item or delivering the missing item;
5.7.2. removal of the defect by repairing the item;
5.7.3. a reasonable discount from the purchase price; or
5.7.4. withdrawal from the contract.
5.8. If the defect of the goods constitutes an immaterial breach of contract, the buyer may request:
5.8.1. removal of the defect; or
5.8.2. a reasonable discount from the purchase price.
5.9. Exchange of goods or withdrawal from the contract in accordance with Article 5.10 of these conditions cannot be demanded if the buyer cannot return the item in the condition in which they received it. This does not apply if:
5.9.1. there has been a change in the condition due to an inspection to determine the defect of the item;
5.9.2. the buyer used the item before discovering the defect;
5.9.3. the buyer did not cause the impossibility of returning the item in an unchanged state by action or omission; or
5.9.4. the buyer sold the item before discovering the defect, or modified the item during normal use; if this happened partially, the buyer returns to the seller what he can return, and provides compensation for what he has benefited from using the item.
5.10. The buyer is obliged to inform the seller of the chosen method of complaint resolution when reporting the defect, otherwise the seller will decide on it. The choice made can only be changed with the agreement of the seller. If the buyer considers the defect to be a material breach of contract, he is obliged to prove this to the seller. The buyer acknowledges that until he asserts his right to a discount from the purchase price or withdraws from the contract, the seller is entitled to deliver the missing goods to him or remove the legal defect (especially by providing missing documents).
5.11. The buyer is not entitled to rights from defective performance if he knew about the defect before accepting the item or if he caused the defect himself.
5.12. Claims arising from liability for defects do not apply to: wear and tear of the goods caused by normal use; goods sold at a lower price - only in relation to the defect for which the lower price was agreed; or if it arises from the nature of the goods.
- COMPLAINT PROCEDURE
6.1. The buyer is obliged to assert a complaint with the seller without undue delay from the discovery of the defect by sending the goods to the address Slunečná 1144, 383 01 Prachatice. The moment of asserting the complaint is considered to be the moment when the seller receives the complained goods from the buyer.
6.2. For faster processing, the buyer may inform the seller about the complaint in advance by phone, email, or in writing.
6.3. The buyer is obliged to inform the seller about the chosen right from defective performance, describe the defect, and/or describe how it manifests.
6.4. The buyer shall deliver the complained goods to the seller (other than cash on delivery, which the seller does not accept), and when sending, the buyer is obliged to pack the goods in suitable packaging to prevent damage or destruction;
6.5. The buyer shall attach a proof of purchase or a tax document - invoice, if issued, or any other document proving the purchase of the goods.
6.6. In accordance with the Civil Code, the buyer has the right to reimbursement of reasonably incurred costs when asserting a complaint about the goods. The buyer acknowledges that the right to reimbursement of these costs must be asserted within one month after the expiry of the period in which the defect must be asserted.
- PROTECTION OF TRADE SECRETS
7.1. During the conclusion and performance of the contract, the buyer may be informed of information marked as confidential or whose confidentiality arises from its nature. The buyer undertakes to keep this information confidential, not to disclose it to any other person without the consent of the seller, not to use it for any other purpose than the performance of the contract, and not to use it in any other harmful way.
7.2. Furthermore, the buyer undertakes not to make copies of documents provided to him by the seller without the consent of the seller.
7.3. The buyer undertakes not to provide, or allow access to, any documents or records related to business dealings with the seller without the seller's consent. This does not affect the buyer's obligation to provide documents for legal purposes and obligations.
7.4. If it is discovered that the buyer has provided documents related to the order, individual price quotes, or other materials concerning the business relationship between the parties to a third party without the seller's consent (other than for legal purposes), the seller has the right to demand compensation from the buyer for damages. In this case, a contractual penalty agreed between the parties is set at 100,000 CZK.
- PROTECTION OF COPYRIGHTS, LIABILITY, AND USE OF THE WEBSITE INTERFACE
8.1. The content of the web pages placed on the website interface (including texts, including terms and conditions, photographs, images, logos, software, and others) is protected by the copyright of the seller or the rights of other persons. The buyer may not modify, copy, reproduce, distribute, or use it for any purpose without the consent of the seller or the consent of the copyright holder. In particular, it is prohibited to provide access to photographs and texts placed on the website interface, whether free of charge or for a fee. Names and designations of products, goods, services, companies, and corporations may be registered trademarks of their respective owners.
8.2. The seller is not responsible for errors caused by third-party interventions in the website interface or due to its use contrary to its purpose. When using the website interface, the buyer must not use procedures that could disrupt the system's functioning or unreasonably burden the system.
8.3. The seller is not responsible for incorrect information provided on the website interface in the product descriptions, specifications, and similar. If the buyer uses information from the seller's website interface for their own purposes with the seller's consent, they are obliged to verify the accuracy and correctness of the data, and the seller is not liable for damages caused to the buyer by inaccurate data provided on the website interface.
8.4. If the buyer engages in any unlawful or unethical behavior while using the website interface, the seller is entitled to limit, suspend, or terminate the buyer's access to the website interface without any compensation. In this case, the buyer is further obliged to compensate the seller for any proven damages resulting from the buyer's actions under this paragraph, in full.
- FINAL PROVISIONS
9.1. If the relationship based on the purchase contract includes an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.
9.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the sense of the invalid provision shall be replaced by a provision that most closely approximates it. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
9.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
9.4. Contact details of the seller: delivery address: Slunečná 1144, 383 01 Prachatice, email address: info@mx777.cz.
These terms and conditions shall become effective on January 1st, 2024.