GENERAL COMMERCIAL TERMS

 

These General Commercial Terms (hereinafter the “GCC”) apply to the purchase of goods from BORGY CZ, a.s., Company Id No: 289 59 442, registered office: Dittrichova 346/4, 120 00 Praha Nové Město, which is a company that is registered in the Commercial Register of the Municipal Court in Prague, Section B, Insert 15548.

 

The GCC define and clarify in detail the rights and obligations of the seller and the buyer within concluded contractual relationships.

 

For agreements concluded through the internet store (hereinafter also the “e-shop”) on web domain: www.borgy.cz, , or via email, before sending his or her order, the buyer is able to get acquainted with these GCC, including the Complaints Procedure, having been informed of them sufficiently in advance. By sending an order, the buyer confirms that he/she was familiarized with these GCC, including the Complaints Procedure, and that the buyer agrees with them. For agreements concluded in a different manner, the buyer shall be informed of these GCC, including the Complaints Procedure, in the manner specified in these GCC.

 

If the Contracting Party is a consumer, the relationships not regulated by these GCC are regulated by Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”), and Act No. 634/1992 Coll., on Consumer Protection, as amended. If the Contracting Party is not a consumer, the relationships not regulated by these GCC are regulated by the Civil Code.

 

 

I.             Interpretative provisions for the purposes of purchase agreements

 

1.1. Seller - commercial company BORGY CZ, a.s., Company Id No. 289 59 442, registered office: Trojanova 2022/12, 120 00 Praha Nové Město, which is registered in the Commercial Register on the Municipal Court in Prague, Section B, Insert 15548 (hereinafter the “seller”). The seller is primarily involved in the sale of electronics and household appliances, both to resellers and end consumers. The seller is an entity that acts within its business or other entrepreneurial activities when concluding and fulfilling contracts. The seller is an entrepreneur that delivers goods to the buyer or provides services directly, or through other retailers of electronics and household appliances. Other information about the seller is specified in the “Contacts” section.

 

1.2. Buyer - the seller’s customer. Given the valid legal regulation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.

 

1.3. Consumer - is an individual who does not act within his/her entrepreneurial activities, or outside the framework of the independent exercising of his/her profession when concluding and fulfilling contracts (hereinafter the “consumer”). At the start of trade relations, the consumer only provides to the seller his/her contact information necessary for the smooth execution of an order, or data that the consumer wants to be specified in purchase documents.

 

1.4. Entrepreneur - a buyer who is not a consumer (hereinafter also the “entrepreneur”). An entrepreneur is an entity that independently carries out on its own account and responsibility an independent gainful activity with a business license, or in a similar manner, with the intention to do so consistently for the purpose of achieving profit. This also includes every entity that concludes contracts relating to its own business, production or similar activity, or during independent performance of their business activities, or a person who acts on behalf of or in the name of an entrepreneur.

 

1.5. Retailer of electronics and home appliances - an entrepreneur that purchases goods from the seller for the purpose selling them to other entities. The retailer shall be obliged to submit to the seller documents on its business license and its legal subjectivity (abstract from the Commercial Register, copy of trade license, VAT registration), and shall be obliged to update these data continuously for the seller.

 

 

II.           Concluding a purchase agreement

 

2.1. Goods offered by the seller can be ordered on the following ways:

 

·      via the e-shop at web domain: www.borgy.cz,

·      via email at email address: eshop@borgy.cz,

·      in person, or

·      over the phone.

 

Concluding a contract through the e-shop:

2.2. If the buyer is a consumer, the placement of the seller’s offered goods on the buyer’s website shall be considered an offer to conclude a purchase agreement. The purchase agreement shall then be concluded on the basis of a duly filled-in and sent order of the consumer via the e-shop on web domain: www.borgy.cz upon the acceptance of such an order by the seller. Acceptance of an order with an addendum or deviation is excluded.

 

A concluded agreement (including agreed price) can only be amended or terminated on the basis of an agreement between both Parties, or on the basis of legitimate reasons.

 

2.3. Before sending an order to the seller, the consumer and a buyer who is not a consumer will be allowed to check and change the data that they entered into the order, even given the option of a consumer/buyer who is not a consumer to find and correct errors that occurred then entering data into an order. A consumer/buyer who is not a consumer shall send an order to the seller by clicking on the button labelled with the heading “binding order”.

 

2.4. Pursuant to Section 1827, paragraph 1, Civil Code, the seller shall immediately confirm acceptance of an order to the consumer via an informative message to the email the consumer entered in the order; however, the informative message shall not affect whether or not an agreement is created, and such a confirmation shall not constitute acceptance of a proposal to conclude an agreement.

 

2.5. Before placing an order, the consumer will be able to become familiar with the total price of the goods, including VAT and all other fees (e.g. recycling fee, so-called PHE, etc.). This price shall be specified in the consumer’s order and the seller’s message confirming acceptance of an order of goods pursuant to Item 2.4 of these GCC.

 

2.6. Before placing an order, the consumer will be able to become familiar with how long the offer of goods or price of goods will remain valid. If these are special goods on order or goods that are not in stock, the seller shall first confirm to the consumer by phone/email the price of such goods and the date they shall be delivered. The seller shall be entitled to change this price in view of the current situation on the market, and in relation to the development of the Czech crown exchange rate toward foreign currency. If the price is significantly increased due to the situation on the market or the development of the Czech crown exchange rate toward foreign currency, the consumer shall be entitled to withdraw from the agreement. With regard to such goods, the consumer must be informed in advance of the fact that these are goods on order, with regard to which a purchase agreement shall be concluded between both Contracting Parties only when the order is clarified by the seller, and when such clarification is accepted by the consumer. If the consumer does not agree with the clarification of the offer by the seller, the consumer shall not confirm the clarification of the offer by the seller and the consumer’s order shall not be carried out.

 

2.7. If the buyer is not a consumer, an offer to conclude a purchase agreement shall be considered the sending of a filled-in goods order by the buyer to the seller. The purchase agreement shall be concluded upon the delivery of the binding consent of the seller with the buyer’s order. This binding consent of the seller shall be carried out via email to the address of the buyer specified in order. Acceptance of an order with an addendum or deviation is excluded.

 

Concluding an agreement via email:

2.8. If the buyer is a consumer, the placement of the seller’s offered goods on the buyer’s website shall be considered an offer to conclude a purchase agreement. The purchase agreement shall then be concluded on the basis of a goods order by the consumer via email and sent by the consumer to the seller to address: eshop@borgy.cz. Acceptance of an order with an addendum or deviation is excluded. So that an order can be considered a binding order, it is necessary for it to havein particular the following data:

 

·      type of ordered goods (code and name of goods according to the price list),

·      unit price of goods,

·      quantity of ordered goods,

·      method of collection/transport of the goods chosen by the consumer

·      delivery address,

·      method of payment of the price of goods chosen by the consumer,

·      name, surname and address of the consumer,

·      explicit declaration of the consumer that it was familiarized with these GCC, including the Complaints Procedure, and that the consumer agrees with them.

 

A purchase agreement shall be concluded upon the delivery of the binding consent of the seller to the buyer’s order.

 

2.9. If these are special goods on order, or goods that are not in stock, the seller shall first confirm to the consumer by phone/email the price of such goods and the date they shall be delivered. The seller shall be entitled to change this price in view of the current situation on the market, and in relation to the development of the Czech crown exchange rate toward foreign currency. If the price is significantly increased due to the situation on the market or the development of the Czech crown exchange rate toward foreign currency, the consumer shall be entitled to withdraw from the agreement. With regard to such goods, the consumer must be informed in advance of the fact that these are goods on order, with regard to which a purchase agreement shall be concluded between both Contracting Parties only when the order is clarified by the seller, and when such clarification is accepted by the consumer. If the consumer does not agree with the clarification of the offer by the seller, the consumer shall not confirm the clarification of the offer by the seller and the consumer’s order shall not be carried out.

 

2.10.       If the buyer is not a consumer, an offer to conclude a purchase agreement shall be considered the sending of an email by the buyer to the seller to address: objednavky@borgy.cz. Acceptance of an order with an addendum or deviation is excluded. So that an order can be considered a binding order, it is necessary for it to have in particular the following data:

 

·      type of ordered goods (code and name of goods according to the price list),

·      unit price of goods,

·      quantity of ordered goods,

·      method of collection/transport of the goods chosen by the consumer

·      delivery address,

·      method of payment of the price of goods chosen by the consumer,

·      name/commercial name and registered office of the buyer,

·      Company Id No. and Tax Id No. if the buyer is registered as a VAT payer,

·      explicit declaration of the consumer that it was familiarized with these GCC, including the Complaints Procedure, and that the consumer agrees with them

 

A purchase agreement shall be concluded upon the delivery of the binding consent of the seller with the buyer’s order.

 

 

Concluding an agreement over the phone:

2.11.       If the buyer is a consumer, the placement of the seller’s offered goods on the buyer’s website shall be considered an offer to conclude a purchase agreement. The purchase agreement shall be concluded on the basis of a phone order placed by the consumer, which shall be confirmed by the seller over the phone. During the phone conversation, the seller shall be obliged to provide to the buyer data pursuant to the provisions of Section 1811, paragraph 2, letters a), b), c) and g), and Section 1820, paragraph 1, letters b), c) and h), Civil Code. The seller shall impart other data pursuant to the provisions of Section 1811, paragraph 2, letters d), e), f), or h) and i), and Section 1820, paragraph 1, letters a), d), e), f), g), i), j), Civil Code, to the consumer in text form at the latest by the date of fulfilment. The consumer shall immediately confirm by email to the seller that it was familiarized with these GCC, including the Complaints Procedure.

 

2.12.       If these are special goods on order, or goods that are not in stock, the seller shall first confirm to the consumer by phone/email the price of such goods and the date they shall be delivered. The seller shall be entitled to change this price in view of the current situation on the market, and in relation to the development of the Czech crown exchange rate toward foreign currency. If the price is significantly increased due to the situation on the market or the development of the Czech crown exchange rate toward foreign currency, the consumer shall be entitled to withdraw from the agreement. With regard to such goods, the consumer must be informed in advance of the fact that these are goods on order, with regard to which a purchase agreement shall be concluded between both Contracting Parties only when the order is clarified by the seller, and when such clarification is accepted by the consumer. If the consumer does not agree with the clarification of the offer by the seller, the consumer shall not confirm the clarification of the offer by the seller and the consumer’s order shall not be carried out.

 

2.13.       If the buyer is not a consumer, a phone order by the buyer shall be considered a proposal of conclude a purchase agreement. The purchase agreement shall be concluded on the basis of a phone confirmation of the order by the seller. The buyer shall immediately confirm by email to the seller that it was familiarized with these GCC, including the Complaints Procedure.

 

 

III.         Price of goods

 

3.1.       The on-line e-shop on web domain: www.borgy.cz always specifies the current and valid prices of goods offered by the seller. All prices of goods shall apply until they are revoked by the seller, or until supplies are sold out.

 

3.2.      All prices are specified including VAT, which shall apply at the time an order is sent. If the VAT amount changes before a purchase agreement is concluded or before goods are sent, given the chosen payment method, the buyer shall be obliged to pay any arrears on the purchase price, or the seller shall immediately send to the buyer an email with a request to where the seller can return an overpayment of the purchase price by the buyer.

 

3.3.      The buyer shall receive the goods for the price that is valid at the time an order is placed, unless these GCC set out otherwise. A delivery of goods shall include a proper tax document.

 

3.4.      Ownership right to the goods shall be transferred (pursuant to Section 2132 et seq. Civil Code) to the buyer when the buyer pays the purchase price in full, its potential attributions and all other receivables of the seller toward the buyer relating to the delivery of the ordered goods. If the buyer becomes overdue with the payment of the purchase price for the delivered goods for more than 30 days, the buyer agrees that the seller shall be entitled to prohibit the buyer from any other handling of the delivered goods. For an entrepreneur, in such a case the seller shall also be entitled to enter the business premises of the entrepreneur and take back the unpaid goods, and the entrepreneur shall pay all of the transportation, staffing and administrative costs of the seller associated therewith.

  

 

IV.          Payment terms

 

The following are options for how the buyer can pay the purchase price:

·         Payment in cash during personal pickup at the seller’s warehouse at address: BORGY CZ, Zápy 4 (areal RTK);

 

·         platba předem bankovním převodem na bankovní účet prodávajícího uvedený v e-shopu na webové doméně: www.borgy.cz. Payment in advance via a bank transfer to the bank account of the seller specified in the e-shop on web domain: www.borgy.cz. The buyer shall pay the purchase price for the goods to the seller before the goods are sent; if the price is not paid the goods shall not be sent or transferred. This payment method is considered a deposit payment on paying the purchase price;

 

·         Payment on delivery when the goods are delivered (the carrier takes cash from the buyer);

 

·      Invoice payment with purchase price due date (only upon mutual agreement between the seller and the buyer).

 

 

V.            Delivery terms

 

5.1.       The goods can be delivered to the buyer via the method specified below. The buyer shall select the method for delivery of the goods when placing its order:

 

·       personal pickup - only the buyer or its authorized person may take over the goods at the seller’s warehouse at address: BORGY CZ, Zápy 4 (areal RTK), Zápy 201 01. In such a case the buyer or its authorized person must sufficiently identify themselves and prove their identity via a valid ID card or valid passport. The authorized person must also prove his or her authorization to take over the goods;

 

·        sending via a transportation service in the Czech Republic: the goods can be sent to the buyer via the Geis (General Parcel) transportation service. General Parcel usually delivers shipments anywhere in the Czech Republic within 24 hours (if an order is placed by 12:00, and if the goods are in the warehouse, the shipment is usually delivered on the following business day). The price of transport is governed according to price list valid on the date of the order. The price list is available on web domain www.borgy.cz. The buyer shall bear the transportation costs;

 

5.2.         A buyer who is not a consumer shall be obliged to (this method is recommended to the consumer) immediately check the goods upon their delivery together with the carrier (e.g. number of packages, integrity of the tape with company logo if the shipment has such tape, and damage to boxes) according to the attached waybill. The buyer shall be entitled to refuse to take over a shipment that is not in compliance with the purchase agreement if the shipment is incomplete or damaged. If the buyer takes over such a shipment from the carrier, it will be necessary to describe the damage in the carrier’s transfer protocol.

 

5.3.         An incomplete or damaged shipment must be immediately reported by email to email address: reklamace@borgy.cz, a damage report must be written up with the carrier, and it must be immediately sent to the seller by fax, email, or post. Additional claims of incompleteness or external damage to the shipment shall not deprive the consumer of the right to lodge a claim, but it does allow the seller to prove that it carried out fulfilment in a proper manner.

 

 

VI.          Right from defective fulfilment of a buyer who is a consumer

 

6.1.      The rights and obligations of the Contracting Parties regarding rights from defective fulfilment of a consumer are regulated by relevant generally binding regulations, in particular the provisions of Sections 1914 – 1925, Sections 2099 – 2117 and Sections 2161 – 2174, Civil Code.

 

6.2.      The seller shall be responsible to the consumer for ensuring that the goods are not defective when they are received by the consumer. In particular, the seller shall be responsible to the consumer for the following when the consumer received the goods:

 

·      that the goods have properties that the Parties agreed on, and if such arrangements are missing, then the properties that the seller or manufacturer described, or that the consumer expected given the nature of the goods, and on the basis of an advertisement they carried out;

 

·      the goods are suited for the purpose that the seller states for their use, or for which goods of this type are normally used;

 

·      the goods correspond to the quality or design of a contractual sample or template, if the quality or design were determined according to a contractual sample or template;

 

·      the goods are in the corresponding quantity, extent or weight, and

 

·      the goods meet the requirements of legal regulations.

 

6.3.      If the goods delivered by the seller to the consumer do not have the properties specified in Item 6.2 of these GCC, the consumer shall be entitled to request the delivery of new goods that are free of defects, unless this is unreasonable given the nature of the defect. If the defect only relates to parts of the goods, the consumer may only request an exchange of parts; if this is not possible, the consumer shall be entitled to withdraw from the agreement. If this is unreasonable given the nature of the defect, in particular if the defect can be removed immediately, the consumer shall be entitled to a free removal of the defect. The consumer shall be entitled to delivery of new goods or exchange of its part even if a defect can be removed, so long as the consumer cannot use the goods properly due to a repeat occurrence of the defect after repair, or due to a greater number of defects. In such a case the consumer shall also be entitled to withdraw from the agreement.

 

6.4.      If a consumer does not withdraw from the agreement or does not exercise the right to the delivery of new goods free of defects, for exchange of their parts or for the repair of goods, the consumer may request a reasonable discount on the price of the goods. The consumer shall also be entitled to a reasonable discount if the seller is unable to deliver to the consumer new goods free of defects, exchange their parts or repair the goods. The consumer shall also be entitled to a reasonable discount if the seller does not remedy the situation within a reasonable time period, or if arranging to remedy the situation causes significant difficulties for the consumer.

 

6.5.      Right from defective fulfilment shall not pertain to the consumer if the consumer knew before taking over an item that the item was defective, or if the consumer caused the defect.

 

6.6.      The consumer shall be entitled to exercise a right from a defect that arises for consumer goods within a period of twenty-four months from when the goods are taken over. If a defect occurs during the course of six months from takeover, it shall be considered that the item was defective at the time when the goods were taken over.

 

6.7.      Other rights and obligations of the Parties relating to the responsibility of the seller for a defect, including responsibility for defect for a buyer who is not a consumer, are regulated in the Complaints Procedure, which is an integral part of these GCC.

 

 

VII.        Withdrawal from the agreement

A) Withdrawal from the agreement by the consumer

 

7.1.      If an agreement is concluded via a distance method, in accordance with the provisions of Section 1829, paragraph 1, Civil Code, the consumer shall be entitled to withdraw from the agreement within 14 days from the takeover of goods. If the subject of a purchase agreement is several types of goods or the delivery of several parts, this time period shall begin running from the date of the takeover of the last delivery of the goods. The consumer shall be entitled to withdraw from the agreement within this period without providing a reason. In the event of a withdrawal from the agreement, the consumer shall bear the costs associated with the return of the goods. In such a case the consumer shall also bear the costs for returning these goods to the seller, if the goods cannot be returned normally by post due to their nature.

 

7.2.      If, pursuant to Item 7.1 of these GCC, the consumer wishes to withdraw from the agreement within 14 days, the consumer shall contact the seller and impart to the seller in writing that it is withdrawing from the agreement. Withdrawal from the agreement must be certain in terms of identification of the purchase agreement that is being withdrawn from (ideally with specification of the order number, purchase data and account number for returning money).

 

7.3.      For withdrawal from a purchase agreement, the consumer may also use the sample form provided by the seller, which is Annex No. 2 to these GCC. Withdrawal from a purchase agreement may be sent by the consumer to the address of the seller’s registered office, to the address of its warehouse or to the seller’s email address: eshop@borgy.cz. If the consumer withdraws from the agreement by filling-in and sending the sample form on the seller’s website, the seller shall immediately confirm to the consumer its acceptance in text form.

 

7.4.      If the consumer withdraws from an agreement, the consumer shall immediately send to the seller, at the latest within 14 days from withdrawal from the agreement, the goods that the consumer received from the seller. The costs for the return of the goods shall be borne by the consumer. The provisions of the law on withdrawal from an agreement within 14 days cannot be understood as free lending of goods. The consumer shall be obliged to return complete goods, with complete documentation, undamaged, clean, if possible including their original packaging, and in the condition and value in which the consumer received the goods. In the event of exercising the right to withdraw from an agreement within 14 days from the taking over the goods, the consumer must return everything the consumer acquired on the basis of the purchase agreement to the seller within 14 days from the withdrawal from the agreement, including potential gifts provided along with the goods. A donation agreement is concluded between the seller and the consumer with the condition that if the consumer exercises its right to withdraw from the agreement, the donation agreement expires and the consumer shall be obliged to return the related gifts along with the returned goods. If this is not quite possible (e.g. the goods or gift were destroyed or consumed in the meantime), the consumer must provide to the seller monetary compensation as consideration for what can no longer be returned. If the returned goods are only partially damaged, the seller may exercise toward the consumer the right to compensation for damages and so offset its claim for the refunded purchase price. In such a case the seller shall be obliged to prove the incurred damage. In such a case the seller shall only refund to the consumer the decreased purchase price. The seller may offset its actual incurred costs associated with the return of the goods toward the purchase price that is to be returned to the buyer.

 

7.5.      If the consumer withdraws from an agreement, the seller shall immediately return to the consumer, at the latest 14 days from the withdrawal from the agreement, all of funds, including costs for the delivery of the goods, which the seller received from the consumer on the basis of the agreement, in the same manner in which these funds were received. The seller shall only return to the consumer received funds in a different manner if the consumer agrees therewith, and if the consumer does not thereby incur additional costs. If the consumer chooses a method other than the cheapest delivery method for the delivery of the goods that the seller offers, the seller shall return to the consumer the costs for the delivery of the goods in the amount of corresponding to the cheapest method for the delivery of the goods. If the consumer withdraws from a purchase agreement, the seller shall not be obliged to return received funds of the consumer before the consumer returns the goods to the seller or proves that the goods were sent to the seller.

 

7.6.       The consumer shall not be entitled to withdraw from an agreement pursuant to the provisions of Section 1837, Civil Code, in particular in the case of the following agreements:

·        on the delivery of goods whose price depends on deviations on the financial market independent of the will of the seller, which may occur during the period for withdrawal from the agreement,

 

·        on the delivery of goods that was adjusted according to the wishes of the consumer or for his/her person,

 

·        on the delivery of goods that are subject to rapid deterioration, as well as goods that were irrevocably mixed with other goods after delivery,

 

·        on repair or maintenance carried out at a place determined by the consumer upon its request; however, this shall not apply for subsequent carrying out of any but the requested repairs, or for the delivery of any but the requested spare parts,

 

·        on the delivery of goods in a sealed package that the consumer removed from the packaging and cannot be returned for reasons of hygiene,

 

·        • on the delivery of sound or video recordings or computer programs, if their original packaging was breached,

 

·        on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiration of the period for withdrawal from the agreement, and if, before concluding the agreement, the seller told the consumer that in such a case the consumer shall not be entitled to withdraw from the agreement.

 

B) Withdrawal from the agreement by an entrepreneur (a buyer who is not a consumer)

 

7.7.      If the buyer is not a consumer, withdrawal from the agreement shall only be possible in cases stipulated by law.

 

7.8.      The seller may provide to the buyer the possibility to withdraw from the agreement in relation to the condition of the returned goods, expired warranty and current value of the returned goods. The condition of the goods shall always be evaluated by the seller. The seller shall be entitled to invoice the buyer potential additionally incurred costs.

 

 

VIII.      Information security and protection

 

8.1.      The seller declares that it shall consider all personal data that are provided to the seller by the buyer as confidential information, which shall only be used to fulfil an agreement concluded between the seller and the buyer. The relevant confidential information shall not be otherwise published, provided to a third party, etc., with the exception of situations relating to distribution or a payment relationship relating to the ordered goods (i.e. in particular communicating the name and surname of the buyer, telephone contact and delivery address).

 

8.2.      Personal data that is provided by the buyer to the seller for the purpose of carrying out an order shall be gathered, processed and stored in accordance with the valid laws of the Czech Republic, in particular with Act No. 101/2000 Coll., on the Protection of Personal Data and Amendments to Certain Acts, as amended.

 

8.3.      By sending its order to the seller, the buyer grants to the seller its consent with gathering and processing these personal data in the seller’s database for the purposes of the fulfilment of a concluded purchase agreement, until the buyer expresses disagreement with such processing in writing. The buyer shall be entitled to access its personal data and to correct them, including other legal rights to such data.

 

8.4.       A concluded agreement shall be archived by the seller for the purpose of its successful fulfilment and shall not be accessible to third parties that are not involved.

 

 

IX.          Opening hours

 

9.1.       Opening hours of the seller’s warehouse at address: BORGY CZ, Zápy 4, 250 01 Zápy, are:

 

Monday - Thursday: from 9:00 to 16:30.

Friday:                    from 9:00 to 15:00.

 

The seller’s warehouse will be closed on Saturdays, Sundays and public holidays (even if a public holiday is on a business day).

 

9.2.       An order can be made at the e-shop on web domain: www.borgy.cz 24 hours a day, 7 days a week.

 

Orders are received for shipping by the second business day in the Czech Republic by 12:00, provided that the ordered goods are in stock.

 

 

X.         Warranty terms

 

10.1.     The warranty terms for goods are governed by the seller’s Complaints Procedure and valid legal regulations of the Czech Republic. A proof of purchase usually serves as a warranty certificate.

 

10.2.     The Complaints Procedure is an integral part of these GCC as Annex No. 1.

 

 

XI.          Joint and closing provisions

 

11.1.       Information about individual technical steps leading to concluding an agreement are evident from these GCC, wherein this process is clearly described. Before sending an order, the buyer will be able to check the order and correct it if necessary. These GCC are available on the e-shop website on web domain: www.borgy.cz and their archiving and reproduction by the buyer are thus possible.

 

11.2.       The costs for remote means of communication (phone, internet, etc.) for placing orders, or concluding an agreement, are in the normal amount and dependent on the tariffs of the telecommunication services that the buyer uses. The buyer shall bear these costs.

 

11.3.       A purchase agreement shall be concluded in the Czech language. If a translation of the text of the agreement into another language is made for the needs of the buyer, it shall apply that in the event of a dispute on the interpretation of terms, the decisive interpretation of the agreement shall be the Czech language version.

 

11.4.       An individual purchase agreement concluded with the buyer is superior to these GCC.

 

11.5.       After its confirmation as a concluded agreement between the consumer and the seller, an order of the consumer shall be archived for the purpose of its fulfilment and other records, and its status shall be accessible to the consumer. Immediately after concluding an agreement, the seller shall send to the consumer one counterpart of the agreement to the consumer’s email address.

 

11.6.       The buyer is aware of the fact that purchasing the goods that are in the commercial offer of the seller shall not establish any rights for the buyer to use registered trademarks, trade names, company logos or patents of the seller or other companies, unless agreed otherwise in a special agreement.

 

11.7.       The legal relationships created on the basis of this agreement and any disputes between the Contracting Parties arising from the agreement, or in relation thereto, shall first be resolved by the Contracting Parties amicably. If they cannot be resolved amicably within one month from the date when either of the Parties notifies of its conviction that a dispute exists, or of its proposal for its resolution, the dispute shall be exclusively resolved according to applicable laws of the Czech Republic by a general court.

 

11.8.       If an amicable solution cannot be reached, potential disputes between the seller and the buyer/consumer may also be resolved out of court. In such a case the buyer/consumer may contact the relevant body for out-of-court resolution of disputes, which is the Czech Trade Inspection, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2. More information about out-of-court resolution of disputes and this entity can be found on its website at: http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/ or https://adr.coi.cz/cs.

 

11.9.       The following Annexes are an integral part of these GCC:

 

            Annex No. 1 – Complaints Procedure

            Annex No. 2 – Sample Form for the Withdrawal of the Consumer from the Agreement

 

11.10.     These GCC are valid as of 14 September 2016 and cancel all prior provisions and customs. The seller reserves the right to amend these GCC without prior notice.

 

 

Approved by David Voborník. on behalf of BORGY CZ, a.s. Prepared in accordance with Act No. 89/2012 Coll., Civil Code, and Act No. 634/1992, on Consumer Protection, as amended.