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General business and delivery conditions of BMKco. s.r.o.

These general business and delivery conditions apply to orders and deliveries of the standard sales assortment of connecting and anchoring material of the seller listed in its valid offer catalog (price list).

General business conditions of BMKco. sro, IČO: 26266920, with its registered office at Kvítkovická 1533, 763 61 Napajedla, also regulates the mutual rights and obligations of the contracting parties, which arise in connection with the purchase contract concluded between the seller and individual buyers through an online store operated at: https://eshop.bmkco.cz

 

ORDERS

The buyer's order can be made in writing, by e-mail, in person, by phone or by fax.

The order must contain the exact designation of the type of goods, standards or catalog number of the seller, the required quantity, date, method and place of delivery of goods, or other information as agreed by the parties. The seller processes the delivered order and sends it to the buyer processed in its information system with a modified delivery date and quantity according to the order and the seller's options.

If the buyer does not object to this order confirmation within 24 hours, the seller considers that the buyer accepts it in full. If he objects to this order confirmation within the specified period, the order will be modified according to the requirements of the buyer and the capabilities of the seller.

The seller has the right not to accept the buyer's order if the buyer is in arrears with the payment of the purchase price for previous deliveries of goods. Furthermore, the seller has the right in case of repeated delay of the buyer with the payment of the purchase price to suspend all deliveries of goods to the buyer, until the settlement of all obligations of the buyer to the seller.

 

TERMS OF DELIVERY

The seller will pack the goods for transport in the standard way for the relevant type of goods. The permissible quantity deviation in the packaging is + - 3%, for industrial packaging + -5% (includes tolerance of industrial scales). The price of the package is included in the selling price. In the case of a request for a different type of packaging than the standard method, the buyer is obliged to state this request in the order and the costs of non-standard packaging and handling will be added by the seller to the price of the goods.

The Seller and the Buyer have agreed that the Seller's obligation to deliver the goods to the Buyer is fulfilled when the goods are delivered by the Seller to the Buyer's registered office or other destination in the Czech Republic specified by the Buyer in the written order. The seller is not liable for damage caused by a delay in delivery of goods caused by the fault of the carrier.

The goods will be delivered to the buyer in a manner determined by the seller, where the seller has a choice between the following methods of delivery of goods:

 

  • by taking over the goods by the buyer directly in the seller's warehouse
  • delivery of goods by cash on delivery
  • delivery of goods by transport service
  • delivery of goods by the seller to the place specified by the buyer

The buyer is obliged to take over the goods from the seller and confirm the takeover of individual partial deliveries of goods by the buyer by signing individual delivery notes by the buyer (duly and legibly marked business name of the buyer, or name of the buyer, name of the person who took over the goods and signature of this person). In the case of delivery of goods by transport service in the form of cash on delivery, the buyer is obliged to take over the goods and pay the invoice within 5 working days from the delivery of the invitation to collect the goods. If he does not do so, the goods will be returned to the seller's warehouse, at the expense of the buyer, which will be charged to him.

 

PRICE AND PAYMENT TERMS

The seller and the buyer have agreed that the basic price of the goods is determined in the amount according to the price list of the seller's goods valid on the day of confirmation of the buyer's order by the seller.

The seller provides a discount to the buyer in the agreed amount from this price list.

The seller is entitled to update and change its sales prices in the price list with regard to the development of the market situation. In the event of a change in the price list of the seller's goods, the seller is obliged to inform the buyer in advance and submit a valid price list of the goods.

The seller charges the price of the actually delivered goods to the buyer in the form of invoices issued after each individual delivery of goods, when these will have the requisites of a tax document in the sense of Act No. 235/2004 Coll., On value added tax, as amended.

The first two deliveries will be paid in cash or cash on delivery. Subsequent deliveries can be paid for by transfer upon prior agreement with the sales department.

In the event that the buyer does not pay the purchase price within the specified due date, he is obliged to pay the seller interest on arrears in the amount of 0.1% of the amount due for each day of delay.

 

OWNERSHIP AND RISK OF DAMAGE

The risk of damage to the goods passes from the seller to the buyer on the day of receipt of the goods by the buyer at its registered office, or at another destination according to the written order of the buyer.

Ownership passes from the seller to the buyer when the buyer pays the purchase price of the goods. In the event that the buyer is in arrears with payment, even if only part of the purchase price of goods to the seller for more than 30 days, the seller is entitled to demand the return of all goods according to the invoice, which was charged this purchase price. The buyer is obliged to comply with this request of the seller and within 7 days of delivery of this request to send the goods back to the address of the seller, at his own expense.

 

TRANSPORT

The seller and the buyer have agreed that the seller pays for the transport of partial deliveries of goods to any place of delivery in the Czech Republic, if the purchase price of this partial delivery is at least CZK 4,000 excluding VAT. In other cases, the buyer will be charged and invoiced in the amount of 130 CZK without VAT.

 

Transport conditions to Slovakia

  • For pallet transport for orders up to € 240, we charge a shipping fee of € 14, over € 240 - free shipping. The minimum weight for a pallet is 120 kg.
  • For parcels for orders with a total value of up to € 160, we charge a shipping fee of € 10, over € 160 a free shipping fee. The maximum weight of the package is 35 kg.

Goods available in stock will be delivered within 48 hours of order confirmation or within three days of receipt of the order. Goods available to order will be shipped according to the date specified in the order confirmation.

 

WARRANTY AND COMPLAINTS

The buyer is obliged to inspect the delivered goods upon receipt, or arrange for the goods to be inspected by a third party. Defects detectable during this inspection, the buyer is obliged to claim without undue delay.

In the event that a defect occurs in the goods during the warranty period, the buyer is entitled to file a complaint in person, by telephone or in writing, at the address of the establishment: BMKco. s.r.o. Rybníky II / 747, 760 01 Zlín; contacts: objednavky@bmkco.cz; tel: +420 577 005 780-2. Complaints about the delivered quantity and obvious defects can be made to the seller no later than 5 working days from the date of receipt of the goods by the buyer. The seller is obliged to hand over the complaint protocol to the buyer immediately after receiving the complaint, stating the date when the buyer exercised the right from defective performance, what is the content of the complaint and what method of handling the complaint the buyer requires. The written complaint must contain the name and identification number of the business company or the name of the buyer, the type of the claimed goods, the delivery date, the number of the delivery note and a description of the defect. The warranty period for the goods is agreed in the length of 24 months, the condition is compliance with the principles of storage and handling adequate for the type of goods and also compliance with the standard use of the goods according to its nature and purpose. In the event of a defect, the buyer has the right according to § 1923 of Act No. 89/2012 Coll., The Civil Code to repair, if the defect is remediable, the addition of missing goods or a reasonable discount on the price. If the defect is not remediable, the buyer has the right to withdraw from the contract.

 

The seller and the buyer have agreed that other rights and obligations arising from defective performance and liability for defects are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended. regulations.

The scope of conditions, rights and obligations for filing a complaint is further regulated by the COMPLAINT RULES, which is part of the general terms and conditions and is an integral part of the contract for the purchase of goods between the seller and the buyer.

 

THE BUYER CONSUMER 'S RIGHT OF WITHDRAWAL

 

The buying consumer is entitled to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code within 14 days without giving reasons. The period runs from the date of conclusion of the contract and in the case of:

  • purchase contract, from the date of receipt of the goods,
  • a contract having as its object several types of goods or the supply of several parts, as from the date of taking over the last supply of goods, or
  • a contract the subject of which is the regular repeated delivery of goods, from the date of taking over the first delivery of goods.

At the beginning of the period, it is irrelevant whether the goods were taken over by the purchasing consumer himself or by a third party designated by him, who is different from the carrier.

Withdrawal from the contract must be made in writing and sent or handed over to the seller at the address of the establishment: BMKco. s.r.o. Rybníky II / 747, 760 01 Zlín; electronically to e-mail: objednavky@bmkco.cz

In withdrawing from the contract, the consumer buyer is obliged to state the order number or invoice number, the date of the order and information on how he wishes to return the funds. In the event that the buyer does not specify the method of returning funds in the withdrawal, but states his bank details in it, the seller will consider this as the consent of the buyer to return the funds in a non-cash manner to this account.

 

The consumer buyer can use the sample withdrawal form, which is available for free download in the section "About us -> Download" on the website:

https://eshop.bmkco.cz/cs/B2C/mp/ke-stazeni. The form must be printed out, filled in and then either sent via the postal service provider to the address given above or scanned and sent by e-mail to the address: objednavky@bmkco.cz. In order for the deadline for withdrawal from the contract to be met, it is sufficient to send the withdrawal from the contract before the expiry of the relevant deadline pursuant to Section 1829 (1) of Act No. 89/2012 Coll., The Civil Code, as amended. The use of the model form is not a condition for withdrawal from the contract.

If the buyer consumer withdraws from the contract, he sends or hands over to the seller all the goods he received from him, at the address of the establishment: BMKco. s.r.o. Rybníky II / 747, 760 01 Zlín, no later than fourteen days after withdrawal from the contract. In the event of withdrawal by the consumer from the contract, the seller shall return to him without undue delay, no later than 14 days after withdrawal from the contract, all funds received from him, including costs associated with the delivery of goods. This obligation does not apply to costs incurred as a result of the method of delivery of goods chosen by the consumer chosen by the consumer than the standard method of delivery offered by the seller.

 

If the buyer consumer has not returned the goods to the seller, the seller is entitled to return all payments only after receiving the returned goods or after the buyer consumer proves that he sent the goods.

The seller shall use the same means of payment for the return of payments as made by the buyer-consumer, unless the buyer-consumer expressly states otherwise.

The direct costs associated with the return of the goods (ie costs other than those associated with delivery), if the goods cannot be returned by ordinary mail due to their nature (size), shall be borne by the consumer.

Returned goods must be undamaged and securely packed so that they can be resold. The buyer consumer is responsible for the reduction in the value of the returned goods as a result of handling the goods in a manner other than that which is necessary to become familiar with the nature and properties of the goods, including its functionality. In the case of returning damaged goods, the seller is entitled to demand adequate compensation from the buyer to the consumer. The seller is entitled to unilaterally set off the right to compensation for the damage incurred.

 

EXTRAORDINARY SETTLEMENT OF CONSUMER DISPUTES

In the event of a consumer dispute arising from the purchase contract or the contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is: Czech Trade Inspection / 15, 120 00 Prague 2, IČ: 00020869 https://www.coi.cz/

 

ARBITRATION CLAUSE

The arbitration clause does not apply to the settlement of consumer disputes.

According to Act No. 216/1994 Coll. agreed that all their disputes arising from or in connection with this contractual relationship will be decided in arbitration proceedings ("RŘ") before a single ad hoc arbitrator, from the list of ad hoc arbitrators associated with the Union for Arbitration and Mediation Proceedings of the Czech Republic. The plaintiff will deliver the claim to the address Brno, Cejl 91, postal code 602 00. This address is the delivery address of the arbitrator and at the same time the place where the RŘ will take place. The parties have agreed that the fee for the RŘ is the cost of the proceedings and is the sum of the amount of six thousand Czech crowns and one and a half times the amount of the court fee, which in this case would be collected for proceedings before general courts of the Czech Republic under applicable law. up to one million Czech crowns. In the event of a higher value of the dispute, this fee for the RŘ will be further increased by the relevant amount of the court fee from the excess amount. VAT will be added to the total amount of the calculated fee for RŘ. In disputes with an international element, the fee for the RO is increased by half, in the RO with more than two participants it is increased by a fifth for the third and each additional participant. According to the method of calculating the fee for RŘ, a claim asserted as a mutual proposal or objection to set-off in their full amount is also charged. Special actions in the RŘ can be charged according to the actual costs. The suspension of the proceedings does not terminate the arbitrator's right to payment of the fee for the RŘ, the paid fee for the RŘ is not refunded. The parties authorize the arbitrator to conduct the SC in Czech, in writing without an oral hearing, to decide according to the principles of justice, issue the decision without justification, and agrees that he may entrust administrative and economic activities within the SC to third parties, in particular the Union for Arbitration and Mediation. proceedings of the Czech Republic, as, operating at the address where the arbitration proceedings will take place, and to this extent they release him from confidentiality. The parties have agreed that the provisions of the DSB on the procedure for service shall apply mutatis mutandis to the HR; placement in court replaces placement with an arbitrator and posting on the court's official notice board replaces publication on the website www.urmr.cz/vyvesni-deska.

 

COMPLAINTS PROCEDURE

This complaint procedure was compiled in accordance with the provisions of Act No. 89/2012 Coll. Civil Code, as amended and the provisions of Act No. 634/1992 Coll. on consumer protection, as amended, and regulates the method and basic conditions for claiming defects in goods and asserting warranty claims.

The complaint procedure applies to complaints about defects in goods that are within the warranty period.

The complaint procedure is an integral part of the contract for the purchase of goods between the seller and the buyer.

 

1. Scope of warranty

The warranty applies to:

  • defects of the goods, which will appear after receipt of the goods by the buyer during the warranty period
  • wrong delivery, ie. different number of pieces, different type or different assortment

2. Invalidity of the complaint:

  • if the defect was not claimed during the warranty period
  • in the case of an obvious defect (eg claimed a different number of pieces, another type or assortment after
  • more than 5 calendar days from receipt of the shipment)
  • in the event of arbitrary changes to the original data made by the buyer in the warranty or delivery note
  • in case of unprofessional installation, repairs, modifications or other unprofessional interventions
  • when using, operating and handling the goods contrary to the purpose of their use
  • violation of protective labels or seals, if provided by the manufacturer of the goods
  • damage to goods by force majeure

3. Warranty period

The warranty period begins with the acceptance of the goods by the buyer. The warranty period does not include the time from the beginning of the complaint to the settlement of the complaint. If the goods are exchanged for new ones, the warranty period starts again from the receipt of the new goods. The warranty period for the goods is agreed in the length of 24 months, the condition is compliance with the principles of storage and handling adequate for the type of goods and also compliance with the standard use of the goods according to its nature and purpose.

 

4. Warranty Claims

In the event of a justified complaint, the buyer is entitled to warranty claims arising from the Civil Code or other legal regulations. The buyer is entitled to:

  • If the defect is remediable, the purchaser can demand either the repair (replacement) of defective goods or defective parts or the addition of what is missing, or a reasonable discount on the price.
  • If the defect cannot be eliminated and the object cannot be used properly for it, the purchaser may either withdraw from the contract or demand a reasonable discount on the price.

5. Převzetí zboží

Acceptance of the goods means signing the delivery note or delivery note of the transport company. The customer only accepts shipments from the transport service without visible damage. In case of visible damage to the consignment, he is obliged to draw up a complaint report with the carrier. If, after unpacking the consignment, it finds that the contents have been damaged during transport, it shall notify the seller in writing or by telephone immediately, within one working day.

 

6. Reasons for complaint:

When claiming goods with BMKco. s.r.o. governed by applicable consumer protection legislation.

In addition to the reasons stated in the provisions of §1916 of the Civil Code, it is possible to claim goods in cases where:

  • the goods are damaged
  • the goods were incomplete
  • other goods are delivered than the one ordered (shipments were exchanged, etc.)

When ordering more goods with different delivery times, the shipment can be split - this fact cannot be claimed.

 

7. Procedure and place of claim:

 

The buyer is obliged to inspect the delivered goods upon receipt, or arrange for the goods to be inspected by a third party. Defects detectable during this inspection, the buyer is obliged to claim without undue delay.

In the event that a defect occurs in the goods during the warranty period, the buyer is entitled to file a complaint in person, by telephone or in writing, at the address of the establishment: BMKco. s.r.o. Rybníky II / 747, 760 01 Zlín; contacts: objednavky@bmkco.cz; tel: +420 577 005 780-2. Complaints about the delivered quantity and obvious defects can be made to the seller no later than 5 working days from the date of receipt of the goods by the buyer.

The seller is obliged to hand over the complaint protocol to the buyer immediately after receiving the complaint, stating the date when the buyer exercised the right from defective performance, what is the content of the complaint and what method of handling the complaint the buyer requires. The written complaint must contain the name and identification number of the business company or the name of the buyer, the type of the claimed goods, the delivery date, the number of the delivery note and a description of the defect. In the event of a defect, the buyer has the right according to § 1923 of Act No. 89/2012 Coll., The Civil Code to repair, if the defect is remediable, the addition of missing goods or a reasonable discount on the price. If the defect is not remediable, the buyer has the right to withdraw from the contract.

The seller and the buyer have agreed that other rights and obligations arising from defective performance and liability for defects are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended. regulations.

Goods for complaint must be delivered with a copy of the acquisition document (invoice) in person, transport service or through a sales representative. We recommend that you document the complaint protocol together with the claimed goods, which the seller will issue upon receipt of the complaint. Goods sent for a complaint or return cannot be sent cash on delivery. In the case of sending the goods to the seller as part of the complaint, it is necessary to send the goods in packaging that prevents its damage during transport.

The seller or an employee authorized by him will decide on the complaint immediately, in more complex cases within three working days from the date of its proper application. This period does not include the time appropriate to the type of product needed for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period.

If the buyer files a complaint about the goods in person with the seller, he is obliged to take over the goods (even unjustified complaints) in person, unless otherwise stated in the complaint protocol. The complaint is terminated on the day when the goods (including an unjustified complaint) are ready at the place of the complaint for issue and delivery to the buyer. If the buyer sends the goods for a complaint, the claimed goods will also be sent to him (even an unjustified complaint), unless otherwise stated in the complaint protocol. The complaint is settled on the day when the goods (including an unjustified complaint) are handed over in transport to the buyer's address specified in the complaint.
The buyer is obliged to cooperate with the seller in settling the complaint, in particular he is obliged to take over the goods after settling the complaint. A complaint protocol is written about the course and result of the complaint, which is handed over to the buyer after the end of the proceedings.

 

8. Possibility of returning goods to BMKco.s.r.o.

If the customer requests the return of goods to the warehouse outside the standard complaint procedure within the exercise of the right from defective performance and the company BMKco. s.r.o. meets his request, the customer is charged a handling fee of 20% of the value of the returned goods. It does not apply to withdrawal from the contract during the first 14 days, when concluding the contract remotely. Goods that were not in stock at the time of ordering and were ordered directly for the customer for a specific order cannot be returned unless it is a complaint in the sense of exercising the right to a defect that occurs within 24 months of receipt or right of withdrawal during the contract. the first 14 days, when concluding the contract in a distance manner.

 

In Zlín September 30, 2019

Ing. Hana Baštýřová
Procurator