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Terms and conditions
Article I. General Provisions
These general terms and conditions (hereinafter referred to as "GTC") govern the relations between the parties to the purchase contract, where on the one hand the company A components s.r.o., with its registered office at Bohunická 493/81, 619 00 Brno, ID: 29235979, VAT number: CZ29235979, acts as the seller and on the other hand the buyer, who is an entrepreneur within the meaning of the Commercial Code.
Legal relations between the buyer and the seller not expressly regulated by these GTC or the concluded purchase contract are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and related legal regulations.
By placing an order for goods or services (by concluding a purchase contract), the buyer confirms that he has become acquainted with these GTC of the seller for the supply of goods and services, and that he agrees with them, in the version valid and effective at the time of sending the order (concluding a purchase contract).
The buyer is aware that by purchasing goods or ordering services that are in the seller's commercial offer, no rights arise to use registered trademarks, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific case by a special contract.
Article II. Purchase Agreement, Subject of the Purchase Agreement
The subject of the agreement is the seller's obligation to deliver goods and services to the buyer, to transfer ownership of the goods to the buyer under the conditions set out below, and the buyer's obligation to pay the seller the purchase price for the goods or services.
The purchase agreement is formed based on an order placed by the buyer and the seller's acceptance or final confirmation of the order. Acceptance (confirmation) of the order is considered as consent to its content; however, if the seller cannot accept the order in full, he will confirm it with a counteroffer according to his storage and delivery capabilities. This counteroffer is final, and the purchase agreement is thus formed if the buyer does not cancel the order within 12 hours of sending the seller's counteroffer.
If a purchase contract is concluded between the seller and the buyer in written form, then the legal relationship between the seller and the buyer is governed by the concluded (written) purchase contract and further by these GTC, to which the buyer expresses his consent.
Article III. Place of performance
Unless the contracting parties agree otherwise, the place of performance is the place of receipt of the goods by the buyer or the place of handover of the goods to the carrier specified in the order, according to the seller's transport arrangements, i.e.:
The seller's warehouse, where the seller hands over the goods to the first carrier - the transport company for transport to the buyer and the goods are clearly marked as a delivery for the buyer.
The buyer acknowledges that the unloading of the goods at the place of performance is ensured by the buyer at his own expense and with his own resources. The buyer is obliged to provide the seller with the necessary cooperation for the purpose of proper delivery of the goods or to secure such cooperation.
If the seller and the buyer agree on the delivery of the goods via a carrier, the buyer is obliged to ensure entry and arrival at the destination, as well as to define a place where the goods can be stored. The buyer is also obliged to ensure that the goods are unloaded by the buyer on the agreed delivery date and that the goods are taken over by a competent person authorised to take over the goods.
The buyer is obliged to pay the costs associated with the unsuccessful delivery, as well as the costs associated with repeated delivery. Any claim for compensation for damages or lost profits of the seller against the buyer is not affected by this.
Article IV. Ordering goods
All offers of goods by the seller are non-binding.
The seller confirms the delivery of goods based on the buyer's sent or confirmed order. Depending on the nature of the order, the seller is always entitled to request the buyer to authorize the order and verify the data contained therein in an appropriate manner, such as in writing or by telephone. The seller is entitled to disregard an order whose authorization the buyer refuses to perform in the required manner. The seller also reserves the right to refuse to accept the order.
Any cancellation of the order can be made before the order is confirmed by the seller, and only in writing. If the order is cancelled after its confirmation by the seller, the buyer is obliged to pay the seller a contractual penalty for the cancellation of the order in the amount of 20% of the price of the goods ordered by the cancelled order. The contractual penalty is payable within 7 days from the date of delivery of the order cancellation.
The seller accepts orders:
- by email to objednavky@acomponents.cz
- in writing to the seller's address A components s.r.o., Bohunická 493/81, 619 00 Brno
- through its sales representatives
The seller confirms the acceptance of the order or confirmation of the delivery of the goods by informative email to the email address that the buyer is obliged to specify in the order.
The content of the order must be the exact name of the goods, the requested date and place of delivery, the requested quantity, the method of delivery and transport arrangements, its contact email address, or the seller's offer number and the date of the offer, if the order was made based on the seller's offer, or the buyer's number (regular customer) or the purchase contract with the date of its conclusion, if concluded.
The minimum amount per order is set at 500 CZK excluding VAT for goods listed on our website.
The seller is entitled to refuse to accept the order for serious operational reasons or if the buyer is in arrears with payment for previous deliveries of goods. The buyer is bound by the sent order for the period specified for the delivery of the goods.
If the buyer mistakenly orders the goods in duplicate, the duplicate order will be cancelled upon his request, if the goods have not already been handed over to the carrier. If the goods have already been sent (handed over for transport), the buyer will be charged a handling fee of 20% of the price of the goods excluding the statutory VAT rate and the costs incurred for the transport of the goods.
Article V. Purchase price and payment terms
The purchase price means the price of goods and services in Czech crowns, excluding value added tax ("VAT"), according to the current price list of the seller at the time of sending the order or concluding the purchase contract, or the price of goods according to the offer sent by the seller or the seller’s sales representative, indicating the date of validity of such a price offer. Upon request, the seller shall provide the buyer with the current price offer, indicating the duration of its validity.
Unless otherwise agreed in writing, the purchase price does not include the costs of transport to the place designated by the buyer. The transport fee is calculated separately, and the buyer undertakes to pay the costs of transport against the issued invoice. If it is agreed that the purchase price of the goods also includes its transport to the place of destination, this means only transport for a one-time collection of the ordered goods. The Buyer is obliged to pay the costs of transport of any further or partial performance (delivery) against the issued invoice.
The Buyer acknowledges that the purchase price does not include technical solution proposals, production consultations, etc., unless otherwise agreed in writing.
The price of goods and services will be invoiced to the buyer by invoice, which must have the requisites of a tax document. The buyer is obliged to pay the invoiced amounts to the seller according to the payment definition in the order confirmation or invoice.
The forms of payment for the purchase price are determined as follows:
a) advance payment by transfer to the seller's account
Upon receipt of the order, the buyer is sent an automatic email confirming receipt of the order containing the information necessary to pay for the ordered goods. The buyer's payment is considered paid only when the invoiced amount is credited to the seller's account. The goods are then released from the warehouse.
b) payment on delivery
The goods are paid upon receipt from the PPL shipping service. The invoice and other necessary documents are enclosed.
c) payment on invoice with due date
This form of payment is possible only after agreement with the seller. The invoice is considered paid only when the invoiced amount is credited to the seller's current account. In the event of a delay in the payment of any invoiced amount, the buyer is obliged to pay the seller interest on arrears in the amount of 0.05% of the amount owed for each commenced day of delay until the amount owed is fully paid.
The buyer acknowledges that if he is in arrears with the payment of the advance invoice, the delivery date of the goods is postponed to another suitable date according to the capacity (or transport) possibilities of the seller. If the buyer is in arrears with the payment of the invoice, the seller cannot be in arrears with the delivery of the goods or service.
The buyer is not entitled to withhold payments, for example, due to any claims for liability for defects, claims for compensation for damage or any other claims against the seller. He is also not entitled to set off his own claims or claims assigned by third parties against the claims of the seller without the seller's prior written consent.
The invoice for goods and services is sent by the seller in electronic form to the email address provided by the seller in the order.
If there are doubts about the date of delivery of the invoice to the buyer (if the buyer does not receive the invoice, it is lost, etc.), it is valid that the advance payment invoice was delivered upon confirmation of the order by the seller or upon signing the purchase contract, the additional payment invoice upon signing the delivery note or handover protocol. The buyer may request a copy of the tax document, but this fact does not have a suspensive effect on the maturity of the invoice, unless otherwise agreed in writing.
Reservation of ownership - the seller reserves the right of ownership to the goods sold, i.e. the buyer's ownership of the goods is transferred to the buyer only upon full payment of the purchase price, including VAT and any contractual penalties.
Article VI. Delivery terms
The delivery period begins on the date of conclusion of the purchase contract (delivery of the seller's confirmed order to the buyer). If the goods are in stock, they are dispatched - handed over to the carrier and the delivery period is within 3 working days from the date of conclusion of the purchase contract. If the ordered goods are not in stock, the seller will notify the buyer of this and at the same time inform him of the preliminary delivery date (delivery period) or offer another product, comparable to the original, which is able to be delivered in a shorter period. The goods will be delivered according to mutually agreed transport arrangements, i.e. to the address (place of performance) specified in the order as the place of destination (place of performance, delivery) agreed in the order confirmation by the seller.
The buyer is obliged to collect the ordered goods on the agreed delivery date (delivery period agreed and confirmed by the seller). If the buyer does not collect the goods within 3 working days after the agreed delivery date, he is obliged to pay the seller a contractual penalty of 0.5% of the total purchase price of the uncollected goods for each commenced day of delay in collecting (picking up) the goods until the ordered goods are fully collected. This does not affect the seller's right to charge the buyer for storage costs or any resulting damage or lost profit.
The seller's obligation to deliver the goods is fulfilled when the seller, in accordance with the transport regulations, hands over the goods to the first carrier for transport to the destination or allows the buyer or a third party authorized by the buyer to handle the goods. The risk of damage to the goods passes to the buyer in connection with the agreed method of delivery, namely when the goods are handed over to the first carrier for transport to the buyer or when the buyer or a third party authorized by the buyer is allowed to handle the goods.
The seller will deliver the goods in the usual packaging corresponding to the type of goods (protective foils, boxes, identification and binding tapes, etc.), enabling safe transport of the goods to prevent their damage or destruction.
The goods are delivered with documents that relate to the goods in accordance with generally binding legal regulations. The seller will also properly fulfil its obligation to deliver the goods, i.e. the goods will be handed over to the seller and accepted by the buyer based on the identical statements of the parties made in the delivery note.
Article VII. Liability for defects, circumstances excluding liability
Liability for defects, complaints - the buyer is obliged to inspect the goods without undue delay immediately upon receipt (or after the risk of damage to the goods has passed to the goods in accordance with Article VI. paragraph 3).
A defect in the goods is understood to be a deviation from the quantity, type or quality conditions of the goods or their parts specified in the contract or technical standards or other generally binding legal regulations.
The buyer is obliged to claim quantitative defects or replacement of the goods from the seller immediately upon receipt of the goods, in writing on the delivery note. Complaints made later will not be considered. The seller shall settle a properly claimed and justified complaint as a priority by delivering the missing goods, replacing the goods and delivering replacement goods. The buyer, if not the final customer, is obliged to satisfy the claim of a third party arising from the claimed defect of the goods by replacing the goods first, satisfaction of the claim by refunding the purchase price is possible only if it is not possible to satisfy the claim by replacing the goods.
The seller is not responsible for damage to the goods during transport, but the carrier. If the goods are obviously damaged during transport, it is necessary to draw up a damage report with the driver, otherwise it is considered that the risk of damage to the goods has passed to the buyer upon handing over the goods to the first carrier.
Circumstances excluding liability – If events occur that cannot be foreseen at the time of order confirmation or conclusion of the purchase contract and that cause the seller an obstacle to the fulfilment of his obligations, the seller is entitled to postpone the delivery time by the time necessary to resume normal activities.
In all cases of circumstances excluding liability, including non-culpable delays in deliveries from the manufacturer, traffic disruptions and similar force majeure events that disrupt the fulfilment of the seller's obligations, the seller is entitled to withdraw from the contract without being obliged to provide compensation to the buyer. If any of the above circumstances occur that jeopardize the agreed fulfilment date, the seller undertakes to inform the buyer and discuss with him an alternative delivery date or cancellation of the order.
If a consumer dispute arises between seller and the consumer from a purchase contract or a service contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is:
Czech Trade Inspectorate
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.cz
Website: adr.coi.cz
The consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
Article VIII. Personal data protection
Personal data protection in connection with Act 101/2000 Coll. and General Data Protection Regulation No. 2016/679,
in the company A components s.r.o., IČ 29235979
Providing consent to the processing of personal data
Providing consent to the processing of personal data is voluntary, the subject has the right to access them and the right to correct them, including other legal rights to these data. By providing us with any personal data through the e-shop / online sales, or through written consent, you express your understanding and unequivocal consent to the collection, processing and use of these personal data. The company A components s.r.o., as the data controller, undertakes to protect the personal data provided by the buyer/subject. Personal data will only be used for the needs of A components s.r.o. and will be handled in accordance with Act No. 101/2000 Coll. and the General Data Protection Regulation No. 2016/679 (GDPR).
Based on this consent, A components s.r.o. is authorized to use personal data for commercial marketing activities, including sending commercial information electronically, within the meaning of Act No. 480/2004 Coll.
For work with personal data, A components s.r.o. complies with the General Data Protection Regulation No. 2016/679 (GDPR) and Act No. 101/2000 Coll., on the protection of personal data.
This consent is provided for an indefinite period.
Your personal data will be corrected or removed from the database at any time upon your request. The withdrawal of consent does not affect the possibility of processing personal data that arose based on a legal relationship other than this consent (e.g. fulfilment of a commercial contract, warranty conditions, etc.).
Article IX. Final Provisions
The seller has the right to withdraw from the Purchase Agreement in the event of the buyer's failure to comply with the payment terms.
The seller is entitled to send the buyer a monthly statement of the current status of its receivables from the buyer (list of unpaid invoices) for approval. The buyer undertakes to confirm and deliver the list of unpaid invoices back to the seller no later than 5 days after delivery. If the buyer fails to comply with this obligation, the seller is entitled to withdraw from the Purchase Agreement or further deliveries.
The buyer acknowledges that if the buyer is in default, the seller is entitled to include the buyer's payment discipline arising from mutual obligations in a special register. The buyer's consent is granted for the duration of the obligation relationship with the seller, or until all obligations of the buyer to the seller are fulfiled.
Any legal disputes will be resolved in court proceedings before the relevant courts of the Czech Republic.
These general terms and conditions apply to legal relations arising between the buyer and the seller, unless otherwise agreed in the purchase contract concluded between the buyer and the seller. Otherwise, the relevant provisions of the Commercial Code apply.
The seller reserves the right to change the GTC without prior notice.
These GTC are valid and effective from 1/1/2016.
