info@bessergold.cz Tel: +420 224 212 000

General business conditions for entrepreneurs and legal entities

General business conditions for entrepreneurs and legal entities These general business conditions for entrepreneurs and legal entities (hereinafter referred to as "business conditions") apply to contracts concluded mainly through the online store BESSERGOLD.cz located on the web interface www.bessergold.cz (hereinafter "web interface") between

 

by our company:

 

BESSERGOLD Trading s.r.o. organizational unit, with its registered office in Prague 1 - Nové Město, Václavské náměstí 834/17, postal code 11000

ID: 11881119

VAT number: CZ118119

entered in the Commercial Register kept by the Municipal Court in Prague, Section C 355855

delivery address: Václavské náměstí 834/17, Prague 1, 110 00

telephone number: +420 224 212 000

contact e-mail: info@bessergold.cz

as a seller

 

and an entrepreneur or legal entity

as a buyer

 

(both hereinafter collectively referred to as the "Parties")

 

1. Introductory provisions

1.1. The Business Terms and Conditions define and specify the basic rights and obligations of the contracting parties when concluding the purchase contract or other contracts listed here (hereinafter referred to as the "contract"), in particular through the web interface.

 

1.2. The provisions of the terms and conditions are an integral part of the contract. Provisions deviating from the business conditions can be agreed in the contract. Deviating provisions in the contract take precedence over the establishment of business conditions. The wording of the terms and conditions may be changed or supplemented by the seller. The rights and obligations of the contracting parties are always governed by the wording of the terms and conditions under which they arose. The rights and obligations of the contracting parties are further governed by the Complaints Procedure for Entrepreneurs and Legal Entities, the Principles of Personal Data Protection, as well as the conditions and instructions set out on the web interface, especially when concluding a contract. In matters not regulated here, the relations of the contracting parties are governed by legal regulations, in particular Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code").

 

1.3. These terms and conditions apply to buyers who are entrepreneurs and legal entities. These terms and conditions do not apply to contracts concluded with the consumer, but to the General Terms and Conditions for Consumers.

 

1.4. The buyer acquires ownership of the goods by paying the full purchase price, but not before taking over the goods.

 

1.5. By sending the order, the buyer confirms that he has read these terms and conditions and that he agrees with their content.

 

2. Order and conclusion of the contract

2.1. The presentation of the goods on the web interface is of an informative nature and is not a proposal of the seller to conclude a contract in the sense of the provisions of § 1732 paragraph 2 of the Civil Code. In order to conclude the contract, it is necessary for the buyer to place an order in accordance with these terms and conditions and for the order to be approved by the seller.

 

2.2. The buyer makes the order through the web interface, or in another way specified on the web interface or according to the agreement of the parties. The order must always contain the exact name of the ordered goods (or numerical designation of goods), number of goods, selected method of payment and transport and contact details of the buyer (name and surname or company name, identification number, delivery address, telephone number, email address). The buyer is obliged to prove that he is an entrepreneur by entering a valid identification number in the order.

 

2.3. The seller is not obliged to confirm the received order. An unconfirmed order is not binding for the seller. The seller is entitled to contact the buyer, verify the order and agree with the buyer on different contractual conditions. The seller may reject the unverified order.

 

2.4. The contract is concluded when the buyer has received information about the acceptance of the order by the seller.

 

2.5. The seller is entitled to propose to the buyer a change in the price of the goods. Should the price of the goods change, the seller will contact the buyer; such a change in the price of the goods must be agreed by both parties. By changing the price of goods according to this article, the price is fixed.

 

2.6. In the event of cancellation of the order by the buyer, the seller is entitled to a cancellation fee of 25% of the price of the goods, but not more than CZK 100,000. If the seller has already incurred costs in connection with the contract, he is also entitled to reimbursement of these purposefully incurred costs in full.

 

2.7. The seller also offers the purchase of goods. The conditions for the purchase of goods are governed by Article 7 of the General Terms and Conditions for Consumers, as appropriate.

 

3. Terms of delivery

3.1. The seller is obliged to deliver the goods to the buyer in the agreed manner, properly packaged and equipped with the necessary documents. Unless otherwise agreed, the documents are provided in the Czech language.

 

3.2. Based on the agreement of the contracting parties, the seller may arrange for the buyer to transport the goods and ensure the goods for the duration of the transport. The buyer is obliged to pay the price of transport and insurance according to the valid tariff. The delivery of goods to the buyer is considered to be the handover of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods passes to the buyer.

 

3.3. Before taking over the goods, the buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier of any defects. A report will be written on the defects. If a defect report is not drawn up, the buyer loses the claims arising from the damaged packaging of the goods.

 

3.4. Immediately after taking over the goods, the buyer is obliged to check the goods, in particular, he is obliged to check the number of pieces of goods and their completeness. In case of non-compliance, the buyer is obliged to notify the seller without undue delay, but no later than one working day after receipt of the goods. The buyer is obliged to document the detected defects in a suitable manner and send this documentation to the seller together with the notification of the defect.

 

3.5. The non-acceptance of the goods by the buyer does not affect the right of the seller to demand payment of the purchase price in full.

 

4. Payment terms

4.1. The buyer has the opportunity to pay the purchase price for the goods to the seller in addition to other methods listed on the web interface or individually agreed in one of the following ways:

 

- in cash when goods are sent cash on delivery or in person;

- cashless before delivery of goods by transfer to the bank account of the seller on the basis of an advance invoice.

 

The seller is entitled to require the buyer to pay the full price of the goods (or deposit) before sending or handing over, especially for goods whose price exceeds CZK 100,000.

 

4.2. When paying in cash, the price is payable upon receipt of the goods. In the case of non-cash payment, the price is payable within two working days of receipt of the order, unless otherwise agreed by the parties. The buyer's obligation to pay the price of the goods is fulfilled in the case of non-cash payment at the moment the relevant amount is credited to the seller's account.

 

4.3. In the event of non-compliance with the due date according to these terms and conditions, the buyer may be charged interest on arrears in the amount of 0.5% of the amount due for each day of delay. The seller's right to compensation for damages incurred by the buyer is not affected.

 

4.4. In the event of the buyer's delay in paying the price of the goods, the seller is also entitled to suspend other agreed deliveries of goods, until the time of payment of all due debts of the buyer.

 

4.5. Payment for the goods is possible in the currency specified in the tax document - invoice sent by the seller.

 

5. Withdrawal from the contract

5.1. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return to the buyer the purchase price already paid by the buyer, non-cash to the account communicated to him for this purpose by the buyer or the account from which the funds were paid to pay the purchase price (if the buyer does not notify the seller within 5 days of withdrawal).

 

5.2. The seller is also entitled to withdraw from the contract if the buyer is in arrears with payment of the purchase price of the goods for more than 2 weeks. At the same time, in this case, the seller is entitled to a contractual penalty of 25% of the price of the goods, but not more than CZK 100,000.

 

5.3. The buyer is not entitled to withdraw from the contract regarding goods that were delivered properly, on time and without defects.

 

5.4. Withdrawal from the contract must be made in writing and, in the case of contracts negotiated electronically, also electronically. Withdrawal from the contract is effective upon delivery of the notice of withdrawal to the other party.

 

6. Rights from defective performance

6.1. The conditions for exercising the rights arising from the defective performance and warranty liability are governed by the Complaints Procedure for Entrepreneurs and Legal Entities of the Seller.

 

7. Protection of trade secrets and business policy of the seller

7.1. When negotiating the contract and its performance, the buyer may be provided with information that is marked as confidential or whose confidentiality stems from its nature. The buyer undertakes this information in particular:

- keep confidential;

- not to provide them to another person without the seller's consent;

- not to use them for any purpose other than the performance of the contract;

- not used in any other harmful way.

 

7.2. Furthermore, the buyer undertakes not to make copies of documents handed over to him by the seller without the seller's consent.

 

8. Registration on the web interface

8.1. A user account is created by registering via the registration form on the web interface. The buyer is obliged to keep the access data to the user account secret. The seller is not responsible for any misuse of the user account by a third party.

 

The information provided during registration must be true and complete. The account, in the creation of which false or incomplete data was used, may be cancelled by the seller without compensation. In case of changes in the buyer's data, the seller recommends that they be adjusted immediately in the user account.

 

8.2. Through the user account, the buyer can primarily order goods, track orders and manage the user account. Any additional user account functions are always listed on the web interface.

 

8.3. The seller has the right to cancel the buyer's user account without compensation if the buyer's account violates good manners, applicable law or these terms and conditions.

 

 

9. Copyright protection, liability and use of the web interface

9.1. The content of the website placed on the web interface (texts including terms and conditions, photographs, images, logos, software, etc.) is protected by the copyright of the seller or the rights of others. Buyer may not modify, copy, reproduce, distribute or use the Content for any purpose without the consent of the seller or the copyright holder. In particular, free or paid access to photographs and texts placed on the web interface is prohibited.

 

Names and designations of products, goods, services, companies and corporations may be registered trademarks of their respective owners.

 

9.2. The seller is not responsible for errors caused by third party interventions in the web interface or as a result of its use contrary to its purpose. When using the web interface, buyers must not use procedures that could disrupt the function of the system or disproportionately burden the system.

 

If the buyer commits any illegal or unethical conduct while using the web interface, the seller is entitled to restrict, suspend or terminate the buyer's access to the web interface, without any compensation. In this case, the buyer is also obliged to compensate the seller for the damage that the buyer's actions under this paragraph have demonstrably incurred, in full.

 

The seller warns that clicking on some links on the web interface may leave the web interface and redirect you to third party websites.

 

10. Final provisions

10.1. If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law (excluding the application of the UN Convention on Contracts for the International Sale of Goods).

 

10.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective or inapplicable, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. Amendments to the contract or business conditions require a written form.

 

These business conditions are valid and effective from December 18, 2020

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