TERMS AND CONDITIONS
1. BASIC PROVISIONS
The subject of these business conditions is the regulation of legal relations between the company THIRD SOLUTION s.r.o., IČ: 06239641, DIČ: CZ06239641 with its registered office at 1. května 78/180, 725 25 Ostrava - Polanka n. Odra, kept at the Regional Court in Ostrava, file no. mark C 71203 (hereinafter referred to as the "seller") and, on the other hand, the buyer (hereinafter referred to as the "buyer").
More information about THIRD SOLUTION can be found at www.superfoil.cz The buyer is a consumer or entrepreneur.A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with THIRD SOLUTION or otherwise deals with it.An entrepreneur is one who independently carries out a gainful activity on his own account and responsibility in a trade license or other manner with the intention of doing so systematically in order to make a profit. For the purposes of consumer protection, any person who concludes contracts related to his own business, production or similar activity, or a person who acts in the name or on behalf of the entrepreneur, is also considered an entrepreneur. If the buyer states his identification number in the order, then he acknowledges that the rules set out in the business conditions for entrepreneurs apply to him. Subject of purchase - Insulation foil SuperFOIL - assortment of insulating foils providing protection against all types of heat transfer, ie insulation by conduction, flow and radiation, and additional assortment.
a) the establishment of the seller in which the conclusion of the purchase contract and the issue of goods takes place. In the case of goods delivered to the buyer on the basis of his request to the address specified by him, the place of trade is the buyer's address specified in the order or purchase contract as the delivery address.
Seller's address: THIRD SOLUTION s.r.o., Company ID: 1013175654, Keramická 703/31, 711 00, Ostrava - Hrušov.
b) the online store is operated by the seller on the website www.izolace-superfoil.cz
1.1. These terms and conditions apply to all purchase contracts / orders made between the seller and the buyer, including all services provided in this connection.
1.2. The provisions contained in the written purchase contract concluded between the seller and the buyer take precedence over these terms and conditions.
1.3. Rights and obligations between the buyer and the seller not regulated by these terms and conditions, or a written contract are governed by Act. No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code").
1.4. These terms and conditions are binding on the buyer from the moment he enters into a legal relationship with the seller, ie from the moment when any legal action is taken between the seller and the buyer, the content of which is an expression of will to buy and sell SuperFOIL insulation foils and additional assortment.
1.5. The buyer accepts and acknowledges these terms and conditions as binding. The Buyer expressly declares that he has been acquainted with these terms and conditions already before entering into a legal relationship with the Buyer and agrees with these terms and conditions. The business conditions are posted and available in the seller's premises, on the website www.superfoil.cz and in the online store www.izolace-superfoil.cz
1.6. These terms and conditions are an integral part of the purchase contract concluded between the seller and the buyer.
2. SUBJECT OF PURCHASE
2.1. The subject of the purchase is the range of SuperFOIL insulation foils and their accessories to the extent that the seller offers the buyer for purchase within the business activities of the seller. In all cases, the subject of purchase is considered to be an individual product from the range, which is explicitly stated in the order and then on the sales document issued to the buyer.
2.2. Information on the range of SuperFOIL insulation foils, which is offered for sale by the seller, is available at the seller's point of sale, on the website www.thirdsolution.eu and on the internet shop www.izolace-superfoil.cz.
2.3. Information on the availability of a specific product from the range, information on delivery times, information on prices, product descriptions, technical specifications and installation instructions are available at the point of sale. Information on prices, delivery times and technical specifications are non-binding.
2.4. The seller does not guarantee the immediate availability of all the range offered by him.
3. PRICE OF GOODS
3.1. The prices of the offered goods are always set without VAT. The seller will add value added tax to the price in the statutory amount valid on the date of the taxable supply. The contracting parties consider each partial supply of goods that the seller delivers to the buyer on the basis of the order to be the moment of the taxable supply.
3.2. All prices are negotiable. In the online store, e-shop www.izolace-superfoil.cz are valid prices, stated in Czech crowns (CZK) without VAT and with VAT.
3.3. Goods sold to the buyer on the basis of the buyer's order will be sold by the seller to the buyer at the current applicable wholesale prices reduced by any agreed rebate, if between agreed and the buyer.
3.4. If the buyer has agreed with the seller permanently different prices for individual goods, the ordered goods will be invoiced for these individual prices, provided that the quantity specified in the order corresponds to at least the minimum required quantity agreed for a specific individual price.3.5. The purchase price does not include transport and handling costs if the place of delivery of the object of purchase is a place deviating from the point of sale. Shipping and cash on delivery costs are calculated according to the valid price list of the transport service contractually.
4. PAYMENT TERMS
4.1. THIRD SOLUTION reserves the right to offer the buyer only selected methods of payment at its own discretion.
4.2. THIRD SOLUTION accepts the following payment terms:
- cashless transfer to the seller's account:
(a) an advance invoice with a due date. In this case, the goods will be delivered to the buyer only after the amount corresponding to the purchase price for the subject of purchase, the amount of any costs related to the delivery of the subject of purchase and the amount of value added tax will be credited to the bank account of the seller.
b) on an invoice with a due date. The right to this method of payment is based only on the conclusion of a framework purchase contract or an individual written agreement between the seller and the buyer.
c) cash on delivery. The goods will be sent cash on delivery, the entire amount will be collected from the consumer by the courier upon receipt at the address specified by the buyer.
4.3 The goods remain the property of THIRD SOLUTION until full payment and acceptance, but the risk of damage to the goods passes to the acceptance of the goods by the buyer.
4.4 Refunds. If the buyer withdraws from the concluded contract with THIRD SOLUTION, or if the funds are returned to the buyer for another reason, THIRD SOLUTION will return to the buyer the funds received under the contract (order) in the same way. The buyer is responsible for the accuracy of the data for refunds.
5. ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT
5.1. The buyer may place an order against the seller for the object of purchase and services related to the delivery of the object of purchase either
a) in person at the seller's place of business. If the buyer is represented by a representative when placing the order, he is obliged to prove himself with a valid and effective power of attorney or other document, which shows the right of the representative to act on behalf of the represented buyer. The buyer is entitled to check with the buyer in case of doubt whether a specific person is really entitled to act on his behalf.
b) by e-mail to the seller's e-mail address: email@example.com If the order is made by e-mail, the buyer's name must be stated in this. If the buyer is a legal entity or if a representative acts on behalf of the buyer, the designation of the specific person acting on behalf of the buyer must be provided. The mandatory part of the order via email is the name of the buyer, the name of the business company, registered office, identification number, tax identification number, name and function of the person making the order and a valid telephone connection to the buyer. An order that does not contain these requisites will not be considered.
c) via the e-shop at the internet address www.izolace-superfoil.cz after filling in all mandatory data.
5.2. In the case of an order made in person, the purchase contract is concluded by the physical acceptance of the object of purchase by the buyer from the seller. In the case of an order made via email communication, the purchase contract is concluded when the seller will fully accept and confirm the buyer's order. Note: For accuracy, electronic orders must always be made in such a way that if we cannot deliver a certain quantity or there will be a longer delivery time, it is necessary for the buyer to make a new order - according to our instructions and we will confirm (accept) this order.
5.3. Acceptance of the goods by the buyer from the seller, acceptance of the buyer's electronically placed order by the seller have the effect of recognition and conclusion of a partial purchase contract according to these terms and conditions, while the buyer concludes the purchase terms and conditions.
6. DELIVERY CONDITIONS
6.1. In the case of personal collection, the object of purchase is delivered to the buyer at the seller's point of sale during the operating hours of the point of sale.
6.2. Goods removed by the seller on the basis of an order received from the buyer and ready for personal collection will be issued by the seller only to the buyer or authorized persons or persons expressly stated by the buyer in the order as persons authorized to take over the object of purchase. The object of purchase will not be issued to other persons. The seller is entitled to request proof of identity with the photograph from the person taking over the object of purchase.
6.3. After receiving the goods, the buyer or his authorized representative confirms with his signature on the delivery note the faultlessness and completeness of the object of purchase delivered by the seller. He shall also indicate a legible transcript of his name. If the buyer or a person authorized by him refuses to state his name and signature on the delivery note, the object of purchase does not have to be issued to the buyer and the seller has the right to refuse the physical issue of the object of purchase.
6.4. In the case of a request for delivery of goods to the address specified in the buyer's order, which is different from the seller's point of sale, the goods are delivered by the seller in accordance with the transport conditions published in the seller's point of sale and on the seller's website www.izolace-superfoil.cz .
6.5. Upon receipt of the goods at the agreed place of delivery, the buyer is obliged to check the integrity of the packaging of the object of purchase, the completeness of the object of purchase and in case of any defects or shortcomings immediately notify the seller.
6.6. If, after delivery of the goods to the address according to the buyer's instructions, damage to the object of purchase is found, it is necessary to write a complaint report with the seller's representative on the spot. The seller 's representative will take photo documentation proving the damage or other defects of the subject of purchase.
6.7. By signing the delivery note in the case of delivery of the object of purchase in a place different from the point of sale of the seller, the buyer confirms that the object of purchase was delivered to the buyer properly and without defects.
6.8 In the event of force majeure or failure of the electronic system, THIRD SOLUTION is not responsible for delayed delivery of goods.
7. CONSUMER'S RIGHT OF WITHDRAWAL
7.1. If the purchase contract is concluded by means of distance communication (in an online store), the consumer has the right to withdraw from the contract within 14 days of receipt of the goods without giving a reason (if the subject of the purchase contract is several types of goods or delivery). several parts, this period runs from the date of receipt of the last delivery of goods).
7.2. If the consumer wishes to withdraw from the contract within 14 days according to the previous paragraph, he contacts the seller and states in writing that he withdraws from the contract, ideally stating the order number, date of purchase and account number for a refund. Withdrawal from the purchase contract can be sent by the consumer to the address of the seller's office or electronically to the seller's e-mail firstname.lastname@example.org
7.3. In the event that the buyer withdraws from the contract under the preceding paragraphs, the seller will return the funds received from the buyer (except for the amount representing additional delivery costs incurred as a result of the buyer's chosen method of delivery, which is other than the cheapest standard delivery method offered by the seller) to 14 days from the withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer, unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or the seller finds out that the goods have not been damaged.
7.4. However, the provisions of the Act on withdrawal from the contract within 14 days cannot be understood as a possibility of free loan of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must issue to the seller within 14 days of withdrawal from the contract everything he has obtained on the basis of the purchase contract. If this is no longer possible (eg in the meantime the goods have been destroyed or consumed), the consumer must provide monetary compensation in return for what can no longer be issued. If the returned goods are only partially damaged, the seller may claim damages from the consumer and set off his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage. In such a case, the seller returns to the consumer only the reduced purchase price.
7.5. The seller may deduct from the purchase price to be returned to the buyer his actual costs incurred in returning the goods.
8. WARRANTY AND COMPLAINTS
8.1. The warranty period begins on the day of receipt of the goods by the buyer.
8.2. The seller provides a warranty period of 24 months for the entire range of goods.
8.3. The buyer must always file a complaint about the purchased product with the seller in writing by filling in the complaint form and sending it by post or handing it over in person at the seller's premises or electronically by e-mail to email@example.com.
8.4. When making a complaint about the purchased goods, it is necessary for the buyer to send or submit documents to the seller (the tax document serves as a warranty card) for the delivered goods and sufficiently describe the claimed defect.
8.5. The warranty does not apply to defects caused by improper handling of goods, defects caused by, for example, impact, fall, rupture, water, etc.
8.6 The seller is not liable for incorrect installation, assembly and maintenance.
8.7 SuperFOIL products must be stored in clean and dry conditions, preferably under a roof, never in direct sunlight. Must be stored out of solvents!
8.8 SuperFOIL products must not come into contact with open flames or other sources of ignition. Do not install SuperFOIL products there , where they are likely to come into contact with a heat source greater than 80 ° C (excluding non-combustible SFNC film).
9. PROTECTION OF PERSONAL DATA
In the matter of protection and processing of the buyer's personal data, the seller complies with these conditions of personal data protection.
10. FINAL ARRANGEMENTS
10.1. The seller reserves the right to change these terms and conditions without prior notice. The amended terms and conditions will be published in the point of sale, on the website www.thiordsolution.eu and in the online store www.izolace-superfoil.cz.
10.2. It is also considered acquaintance with the business conditions to be sent to the buyer by electronic means, by posting them at the seller's point of sale, by publishing them on the seller's website www.superfoil.cz and www.izolace-superfoil.cz.
10.3. The purchase contract / order and business conditions are drawn up in the Czech language. The purchase contract is concluded in the Czech language.
10.4. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
10.5. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
10.6. Other matters not listed here are governed by the Civil Code (No. 89/2012 Coll.) And other related legal regulations, as amended.
10.7 These terms and conditions, including their parts, are valid and effective from 1.7.2020 and cancel the previous version of the general terms and conditions, including their parts, and are available at the THIRD SOLUTION premises or electronically at www.superfoil.cz and www.izolace-superfoil.cz.