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Information on the internet offer of TRANS-TECHNIK spol. s r.o.

General Terms and Conditions

I. Basic Provisions

These General Terms and Conditions of Business (hereinafter referred to as "GTC") provide, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code as amended (hereinafter referred to as "Civil Code"), regulate in more detail the rights and obligations in the purchase and sale of goods between the seller, which is TRANS-TECHNIK spol. s r.o, ID No. 440 16 077, with registered office at Řípská 1221/4, 627 00 Brno - Slatina, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 3420, (hereinafter referred to as the "Seller") and the Customer (hereinafter referred to as the "Buyer").
Any written agreements or commercial contracts between the Seller and the Buyer that have a different wording than the GTC shall prevail over these GTC.
The Buyer is obliged to confirm his/her acquaintance and consent to these GTC, either in writing or electronically.
The Seller informs about changes in the content of the GTC on its website. After publication, the GTC shall become effective upon the conclusion of the first subsequent order of goods by the buyer.
Goods means products manufactured or sold by the Seller.

II. Purchase price

The buyer is obliged to pay the purchase price for the goods received.
The prices of the goods are listed in the price list of the seller. Different prices of goods may be agreed for a particular buyer as set out in a special price list for that buyer.
The purchase price does not include the cost of standard delivery of the goods to the buyer.
Any additional delivery options must be agreed together with the order.

III. Payment Terms

Unless otherwise agreed in the contract or any other agreement of the parties (e.g. payment by bank transfer), the buyers are obliged to pay for the goods in cash upon delivery of the goods or in advance to the seller's account held on the goods document or on the advance invoice. The basis for the dispatch (delivery) of the goods in this case is the credit of the amount (purchase price) to the seller's account. Cash payment can be made by prior agreement at the Seller's premises at TRANS-TECHNIK spol. s r.o. Tyršova 1146 Modřice, 664 42, or by cash on delivery to the carrier.
The Buyer undertakes to pay the Seller the purchase price stated in the price list of the goods within the time specified in the invoice (tax document). Unless otherwise agreed, all invoices (tax documents) are due 14 days from the date of delivery of the goods. If the Buyer is in default of payment of the purchase price, the Buyer agrees to pay the Seller a contractual penalty of 0.05% per day of the amount due, provided that any claim for damages by the Buyer is not affected by this provision.
In the case of delivery of non-standard quantity of goods or non-standard type of goods (i.e. goods that are not produced by the Seller as standard, but can be produced on the basis of the Buyer's demand), the Seller is entitled to demand from the Buyer an advance payment of 100% of the total purchase price of the goods (including VAT).
The invoice (tax document) is sent to the buyer according to the specifics as part of the shipment of goods in the form of a package placed outside the shipment (in the case of payment of the purchase price in cash), or subsequently after delivery of the goods by mail or e-mail. The invoice is valid even without the seller's stamp and signature.
In the event of default by the Buyer in payment for any performance provided by the Seller to the Buyer, the Seller shall be entitled to suspend delivery of the Goods to the Buyer until all outstanding obligations of the Buyer have been paid in full. In this case the Seller shall not be in default in the delivery of the goods.

IV. Order

Goods will be delivered to the buyer on the basis of individual orders. Orders may be placed by the Buyer:

in writing: by post to TRANS-TECHNIK spol. s r.o. Tyršova 1146 Modřice, 664 42
by e-mail: objednavky@trans-technik.cz
in person - through the seller's network of sales representatives
via the seller's e-shop

The order must contain the company and registered office of the buyer (identical to the commercial register), the delivery address of the buyer, if different from the buyer's registered office, the VAT number or VAT number - if VAT payer, the name of the goods (or more detailed identification), the required quantity of goods, the person authorized to take over the goods and the telephone contact to the person authorized to take over the goods, transport arrangements.
The Seller accepts the order from the Buyer within 3 working days of receipt of the order, whereby the purchase contract is concluded, or negotiates with the Buyer a mutually agreed change to the order (e.g. delivery date, quantity of goods, etc.), in which case the purchase contract is concluded only after a mutually agreed proposal for change. The Seller's obligation to deliver the goods to the Buyer arises only after the order has been agreed.

V. Delivery date, delivery conditions

If the contracting parties agree on the removal of the goods by the buyer at the seller's premises, the goods are delivered at the moment when the seller allows the buyer to dispose of the goods at his premises.
The Buyer is obliged to take delivery of the ordered and duly delivered goods. At the same time as the delivery of the goods, the Buyer is given the shipping document, which the Buyer is obliged to confirm.
If the parties agree on the shipment of the goods by the seller, the obligation to deliver is fulfilled at the moment of receipt of the goods by the buyer from the carrier. Delivery is made to the ramp or to the first lockable door of the buyer, unless otherwise agreed.

VI. Transport of goods

The Seller carries out the delivery of the goods through the contracted carrier and its contractual partners. The price for shipping will be communicated to the buyer upon request.
If the buyer arranges for his own carrier to collect the goods, he is obliged to prove his authority to take over the goods. (power of attorney = vehicle registration number, driver's name, identification documents, etc.)
If the required transport layout differs from the standard delivery method, the buyer is obliged to specify these different layouts in the specific order (e.g. maximum vehicle tonnage, car with front, etc.).

VII. Refusal to accept goods

If the buyer demonstrably fails to take delivery of the ordered goods without justification, the seller is entitled to claim from the buyer the costs incurred in transporting the ordered goods and furthermore a contractual penalty in the amount of the costs incurred in transporting the ordered goods. The Buyer is obliged to pay the Seller the shipping costs and the contractual penalty within 10 days from the date of the Seller's written request.

VIII. Reservation of ownership; transfer of damage

Ownership of the goods passes from the seller to the buyer only upon full payment of the purchase price of the goods.
The risk of damage to the goods (loss, destruction, damage or deterioration) passes from the seller to the buyer at the moment of acceptance of the goods by the buyer, i.e.:

at the actual collection by taking over the goods by the buyer
handing over the goods to the buyer's contractual carrier
taking over the goods from the seller's carrier

IX. Warranty period

The Seller shall be liable to the Buyer for the fact that the goods sold are free from defects upon receipt by the Buyer and that their utility value and quality correspond to the manufacturer's warranties provided for a period of 12 months.
The carrier is responsible for any damage to the shipment during transport.

X. Types of transport of goods to the customer, acceptance and claims

The Buyer is not entitled to claim for obvious defects in the goods if he has not carried out an inspection at the time of acceptance according to the above procedure or if he has not recorded the existence of obvious defects in the accompanying document (POD).
If the buyer discovers any defects, he shall complain to the seller without undue delay after its discovery, but no later than 24 hours after receipt of the shipment (for defects apparent immediately upon receipt). TRANS-TECHNIK spol. s r.o. shall inform the Seller in writing of the defects found. Tyršova 1146 Modřice, 664 42, or by email: objednavky@trans-technik.cz (except for obvious defects, which must be recorded in the handover report or delivery note), stating the characteristics of the defects and the data necessary to record the complaint:

name and address of the buyer
date of discovery of the claimed defect
product identification, product name
the quantity of goods claimed (always specify in sales unit)
date of manufacture, carton number(s)
date of receipt of goods
the number of the delivery note to which the complaint relates
description of the claimed defect, reason for the claim
the name of the claimant and the transferee

Without providing all of the above information, the seller is entitled to reject the buyer's claim.

Complaints are handled by the seller without undue delay, no later than 30 days from the date of its application.
In order to make a claim, the buyer must immediately send the claimed goods to the seller after notification of defects.
If the claim is accepted, the buyer has the right to delivery of the undelivered goods, repair of the claimed goods if possible, replacement of the claimed goods if repair is not possible or withdrawal from the contract and refund of the money if none of the previous options for resolving the claim is possible.
The Seller is entitled to reject the claim in the following cases:

if the defect was caused by improper use or failure to follow the instructions set out by the manufacturer
the defect was caused by unprofessional or improper handling, manipulation, storage or neglect of the goods
failure to comply with the procedure for taking over the goods from the carrier
if it is proven that the sender was not at fault.

The application of a claim does not have a suspensive effect on the payment of the purchase price of the goods in full and within the due date.
The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right to claim the goods, what is the content of the claim, what method of handling the claim the Buyer prefers, as well as confirmation of the date and method of handling the claim, including its duration.
In the event of a rejected claim, the Seller shall also provide the Buyer with a written justification for such rejection.
When sending goods back to the sender - returned, damaged, claimed - the customer is obliged to prepare the shipment for dispatch according to the instructions of TRANS-TECHNIK Ltd.

XI. Obvious and hidden defects

Defects of the goods detectable upon acceptance of the goods, so-called obvious defects (the Buyer is obliged to claim these defects immediately after their detection, i.e. upon acceptance, later claims will not be taken into account). Obvious defects include:

damage to the parcel (wrinkled, torn, soaked packaging, etc.)
incorrect numbers of cartons of goods to be accepted (for visibly damaged, opened or broken cartons, it is obligatory to recount the quantity in cartons immediately upon acceptance)
wrong type of goods
disturbed product packaging in an open, damaged carton
film delamination - separation of one or more layers from the packaging
torn, cracked or cut packaging
a missing document or a document that does not comply with the normal parameters and the VAT Act

Defects of goods detectable/detected only after acceptance of the goods, so-called hidden defects (the Buyer is obliged to claim these defects immediately after their detection). Hidden defects include:

incorrect weight and number of pieces of products
incorrect price stated in the document (invoice, cash receipt)

XII. Right of withdrawal (for consumers only)

If the purchase contract is concluded by means of distance communication (e.g. by mail order) or outside the seller's business premises, the consumer has the right to withdraw from the contract within 14 days of receipt of the goods without giving any reason, in accordance with the provisions of § 1829 (1) of the Civil Code.
Withdrawal from the purchase contract must be sent to the seller within the time limit specified in the previous paragraph, and the consumer buyer shall indicate in it that he/she is withdrawing from the contract, ideally with the order number, date of purchase and, if applicable, the account number for the refund.
For the withdrawal from the purchase contract, the purchasing consumer may also use the sample form provided by the seller, which forms Annex 1 to these terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the address of the Seller's registered office or business premises or to the Seller's e-mail address objednavky@trans-technik.cz.
In the event that the consumer withdraws from the contract pursuant to the preceding paragraphs, the seller shall return the funds received from the buyer (except for the amount representing the additional costs of delivery of the goods incurred as a result of the buyer's chosen method of delivery of the goods, which is different from the cheapest method of standard delivery of the goods offered by the seller) within 14 days of the consumer's withdrawal from the purchase contract, in the same manner as the seller received them from the consumer, unless the buyer determines otherwise. The Seller is also entitled to return the performance provided by the consumer already when the goods are returned by the Buyer or in another way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to the seller or proves that he has sent the goods to the seller.
However, the Act's provision for withdrawal from the contract within 14 days cannot be understood as an option for free loan of goods. If the consumer exercises the right to withdraw from the contract within 14 days of receipt of the performance, he must hand over to the seller everything he has received under the purchase contract within 14 days of withdrawal from the contract. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation in return for what can no longer be returned. If the returned goods are partially damaged, the seller may also claim damages from the consumer and set off his claim against the returned purchase price and thus refund the consumer the reduced purchase price.
In accordance with the provisions of § 1833 of the NCC, the seller may offset the reduction in the value of the returned goods against the purchase price to be refunded to the consumer.
The consumer does not have the right to withdraw from the contract in accordance with the provisions of Section 1837 of the German Civil Code, in particular in the case of contracts for the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract or on the delivery of goods that have been modified according to the wishes of the consumer or for his person (e.g. production of cabinet superstructures according to the wishes of the customer).

XIII. Higher Power

Liability of the parties for partial or total non-performance of contractual obligations is excluded if this is due to force majeure. Force majeure shall mean any unforeseen or unavoidable event which has arisen independently of the will of the parties and which prevents for a certain period of time or permanently the partial or complete performance of the obligations of a party. Events occurring after the conclusion of the contract and which could not have been prevented by the contracting party to which they relate shall be recognised as force majeure.
The parties shall be obliged to fulfil their obligations as soon as the force majeure has passed, with the delivery and all other deadlines being extended by the period of force majeure.
The Contracting Party which is subject to a force majeure event shall immediately notify the other Contracting Party of the occurrence of the event by registered letter within 10 days at the latest. Failure to comply with this deadline shall result in the termination of the right to invoke the event.
If the force majeure lasts for more than 15 days, the parties undertake to negotiate alternative dates for the fulfilment of the obligations. If the Parties fail to meet to negotiate or agree, either Party shall be entitled to withdraw from the obligation affected by the force majeure.
These GTC come into force and effect on 7.10.2019 and previously issued GTC cease to be valid and effective, while deliveries of goods made by the Seller before the date of validity and effectiveness of these GTC are governed by the terms and conditions in force from 10.6.2014.

for TRANS - TECHNIK, spol. s r.o.

Ing. Petr Láska, Managing Director

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Personal data protection

According to the company's statement, the Internet offer www.trans-technik.cz (TRANS-TECHNIK spol. s r.o., Řípská 4 627 00, Brno) is intended for all customers of the company and will not sell or otherwise provide the data collected on the basis of orders to third parties. Furthermore, it will not use this data for other commercial purposes without the consent of the owner of this data and also undertakes to delete the personal data from the customer database at the customer's request without giving reasons.