Trading terms and condition

I. INTRODUCTORY PROVISION

1.1. These terms and conditions (hereinafter referred to as “Trading Terms and Conditions”) of the trading company INTREA-PIKO, s.r.o., residing at Sasanková 2657/2, 106 00 Prague 10, Identification Number: 457 98 133 (hereinafter referred to as “Seller”) regulate mutual rights and responsibilities of the contracting parties arising in connection or on the basis of the purchase agreement (hereinafter referred to as “Purchase Agreement”) concluded between the Seller and another contractor residing outside the territory of the Czech Republic and to which the goods are sent outside the territory of the Czech Republic, (hereinafter referred to as “Buyer”) via the internet shop of the Seller. The internet shop is run by the Seller on the internet address b2b.yedoo.eu, and that via web interface (hereinafter referred to as “e-shop web interface”). These Trading Terms and Conditions shall then apply exclusively to the wholesale of goods by the Seller, i.e. to cases in which the Buyer proceeds within his/her entrepreneurial activity when ordering the goods.

1.2. Trading Terms and Conditions further regulate the rights and responsibilities of the contracting parties when using the website of the Seller located on b2b.yedoo.eu (hereinafter referred to as “website”) and other related legal relations.

1.3. The Seller and the Buyer may arrange provisions within the Purchase Agreement which are different from the Trading Terms and Conditions. The different arrangements within the Purchase Agreement take precedence over the provisions of the Trading Terms and Conditions.

1.4. Provisions of the Trading Terms and Conditions form an integral part of the Purchase Agreement.

1.5. The Seller may alter or amend the text of the Trading Terms and Conditions. This provision does not affect the rights and responsibilities arisen within the period of effectiveness of the previous text of the Trading Terms and Conditions.

II. USER ACCOUNT

2.1. The Buyer may access his/her user interface on the ground of the registration of the Buyer implemented on the website. The Buyer may place an order of goods from his/her user interface (hereinafter referred to as “user account”). Ordering goods via e-shop by the Buyer is not possible without the registration. Creation of a user account is subject to approval by the Seller.

2.2. Upon registration on the website and when ordering goods, the Buyer is obliged to provide correct and true information. The Buyer is obliged to update the data stated in the user account in case of any changes to the data. The data stated by the Buyer in the user account and when ordering the goods are deemed correct by the Seller.

2.3. Access to the user account is secured by the user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account and understands that the Seller shall not bear liability for the breach of this responsibility by the Buyer.

2.4. The Buyer is not entitled to enable a third party to use the user account.

2.5. The Seller may cancel the user account, and that particularly in the event that the Buyer has not used his/her user account for more than one years, or in the event that the Buyer has breached his/her duties arising from the Purchase Agreement (including the Trading Terms and Conditions).

2.6. The buyer may ask the seller to renew the user account, and that via the Seller’s address info@yedoo.eu.

2.7. The Buyer understands that the user account must not always be accessible, and that particularly with respect to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of a third party.

III. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The e-shop web interface provides a list of goods offered for sale by the Seller, including the prices of particular products offered. All the information concerning the products (title, description, price, technical details, etc.) are mentioned on the website b2b.yedoo.eu or in the prospectus. The current information on the website may differ from the printed catalogues and other information materials because of the continuous innovations. The Seller reserves the right to technical changes on the product without prior notification.

3.2. The Buyer understands that the information on the stock stated at b2b.yedoo.eu must not necessarily correspond with the actual stock (stock at b2b.yedoo.eu is updated approx. every 30 minutes and discrepancies between the data may thus occur).

3.3. The purchase prices of the goods offered are stated without the value added tax and all the related charges. The goods offered for sale and the prices of the goods remain valid as long as they are displayed in the e-shop web interface. This provision does not limit the possibility for the Buyer to conclude a Purchase Agreement under individually negotiated conditions. All the offers of sale of goods placed in the e-shop web interface are not binding and the Seller is not obliged to conclude a Purchase Agreement regarding these products. The recommended retail prices stated in the catalogue are recommended and informative only. All the recommended retail prices include 19% VAT.

3.4. To order the goods the Buyer shall complete the order form in the e-shop web interface. By sending the order the Buyer expresses his/her consent to the Trading Terms and Conditions.

3.5. The Buyer shall send off the order to the Seller by clicking on the button “Continue” within the last step of the order process. The sent order is later displayed and the Buyer may print the order. The data stated in the order are deemed correct by the Seller.

3.6. The Seller shall confirm without delay the receipt of the order by electronic mail after the receipt of the order, and that on the email address of the Buyer stated in the user interface (hereinafter referred to as “email address of the Buyer”).

3.7. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order.

3.8. The contractual relationship between the Seller and the Buyer arises upon the confirmation of acceptance of order (acceptance), which is sent by the Seller to the Buyer by electronic mail, and that to the e-mail address of the Buyer.

3.9. Any changes to the order can be made by the Buyer in writing only.

 

IV. PRICE OF GOODS AND TERMS OF PAYMENT

4.1. The price of the goods and any expenses associated with the delivery of goods in accordance with the Purchase Agreement may be paid by Buyer to the Seller in the manners stated in the annexes and shipping terms and conditions available on the internet address http://b2b.yedoo.eu/text/terms-of-payment-and-delivery.

4.2. In case of cash payment the purchase price is payable on delivery of the goods. In case of credit bank transfer the purchase price is due on the date stated in the invoice as the due date.

4.3. In case of cashless payment the Buyer’s liability to cover the purchase price is met at the moment the relevant sum is credited to the Seller’s account.

4.4. The Seller is entitled, particularly in the event that the Buyer has not additionally confirmed the order (Article 3.6), to request the Buyer to cover the entire purchase price even prior to sending the goods to him/her.

4.5. The Seller is a VAT payer. The Seller shall issue an invoice (hereinafter referred to as “invoice”) to the Buyer with regard to the payments made in accordance with the Purchase Agreement. The Seller shall send the invoice to the Buyer from EU countries electronically. To the Buyer from third (non-EU) countries the invoice will be sent along with the goods to the shipping address stated in the order.

4.6. According to the Act on the Registration of sales (No. 112/2016 Coll), the seller is obliged to issue an invoice to the purchaser. He is also obliged to register a revenue received with the Tax Administrator online; in case of technical failure, then within 48 hours.

V. TRANSPORT AND DELIVERY OF GOODS

5.1. Unless specified otherwise in the Purchase Agreement, the Seller does not guarantee the transport of the goods to the Buyer. The Buyer is obliged to ensure the transport of the goods and inform the Seller of the supposed moment of collection in a timely manner, no later than 3 days in advance.

5.2. Transport and delivery of goods further adhere to delivery terms and conditions available on the internet address http://b2b.yedoo.eu/text/terms-of-payment-and-delivery.

5.3. The Buyer acquires the proprietary right at the moment the entire purchase price of the goods is paid.

VI. WITHDRAWAL FROM PURCHASE AGREEMENT

6.1. The Seller and the Buyer are entitled to withdraw from the Purchase Agreement in compliance with relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as “Civil Code”). In such a case, the Agreement ceases to exist at the moment of delivery of the withdrawal from the Agreement to the second contracting party.

VII. LIABILITY FOR DEFECTS, GUARANTEE

7.1. Costs and risks associated with the delivery of goods are assumed by the Buyer at the moment the products are prepared to be collected by the Buyer in the Seller’s commercial premises. The contracting parties explicitly conclude amendment - international commercial terms EXW INCOTERMS 2000 for the sale of goods in compliance with these Trading Terms and Conditions, unless specified otherwise in the Purchase Agreement.

7.2. The rights and responsibilities of the contracting parties regarding the Seller’s liability for defects, including the warranty liability of the Seller, shall adhere to the Civil Code.

7.3. The guarantee period for products of all brands is 24 months, unless stated otherwise for the given product.

7.4. The Buyer’s rights ensuing from the Seller’s warranty for defects, including the Seller’s warranty, shall be asserted via the Seller’s address info@yedoo.eu. The moment when the Seller receives a duly completed letter of complaint including photographs proving documentary evidence of the defective goods and the copy of the proof of purchase (invoice) is considered the moment the claim is lodged.

VIII. OTHER RIGHTS AND RESPONSIBILITIES OF THE CONTRACTING PARTIES

8.1. The Buyer becomes the owner of the goods following the payment of the entire purchase price of the goods.

8.2. The Buyer understands that software and other components forming the e-shop web interface (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activities which might allow him/her or third parties to interfere with or use the software or other components forming the e-shop web interface without authorization.

8.3. When using the e-shop web interface, the Buyer is not entitled to use mechanisms, software or take other actions that might have a negative effect on the operation of the e-shop web interface. The e-shop web interface can be used only to such extent that is not at the expense of the rights of other clients of the Seller and which is in compliance with its purpose.

8.4. The Buyer understands that the Seller does not bear responsibility for errors arising in consequence of third parties interfering in the website or as a result of the use of the website in contradiction with its purpose.

IX. PERSONAL DATA PROTECTION AND SENDING OF BUSINESS COMMUNICATION

9.1. Protection of the personal data of the Buyer, who is a physical entity, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

9.2. The Buyer approves of the following personal data being processed: his/her first name and surname, address, identification number, VAT identification number, email address, telephone number or other personal data, which s/he provides to the Seller (hereinafter jointly referred to as “personal data”).

9.3. The Buyer agrees to the processing of his/her personal data by the Seller, and that for the purpose of implementation of rights and responsibilities under the Purchase Agreement, for the purpose of running the user account and for the purpose of sending information and business communication to the Buyer.

9.4. The Buyer understands that (when registering, in his/her user account, when ordering via the web interface of the shop) s/he is obliged to state his/her personal data correctly and truthfully and that s/he is obliged to inform the Seller without undue delay of any changes to his/her personal data.

9.5. The Seller may authorize a third person as a processer to process the personal data of the Buyer. Besides persons transporting the goods, no other third party will be provided with the personal data without the prior consent of the Buyer.

9.6. Personal data shall be processed for an indefinite period. Personal data shall be processed in the electronic form in an automated manner or in a printed form and non-automated manner.

9.7. The Buyer confirms that the personal data provided are accurate and that s/he has been informed that the personal details are provided on a voluntary basis.

9.8. In the event that the Buyer assumes that the Seller or the processer (Article 9.5) processes his/her personal details in conflict with the protection of private and personal life of the Buyer, or in conflict with the law, mainly if the personal data are inaccurate with respect to the purpose of their processing, s/he may:

9.8.1. Ask the Seller or the processer to provide an explanation,

9.8.2. Require the Seller of the processer to make amends for the situation. In particular, it may refer to blocking, correction, adding or removal of personal data. In the event that the Buyer’s request under the preceding sentence is found justified, the Seller of the processer shall correct the fault without delay. In the event that the Seller or the processer fails to comply with the request, the Buyer is entitled to apply directly to the Office for Personal Data Protection. This provision shall not affect the Buyer’s right to apply directly to the Office for Personal Data Protection in connection with the issue.

9.9.   Should the Buyer request information on the processing of his/her personal data, the Seller is obliged to provide him/her with such information. In accordance with the previous sentence, the Seller is entitled to claim adequate reimbursement for providing such information not exceeding the expenses necessary for the provision of information.

X. SENDING OF BUSINESS COMMUNICATION AND SAVING OF COOKIES

10.1. The Buyer agrees to receive information related to the goods, services or the company of the Seller on the electronic address of the Buyer and further expresses assent to the Seller to send business communication to the electronic address of the Buyer.

10.2. The Buyer approves of the so-called cookies being saved in his/her computer. In the event that the purchase may be made on the website and liabilities arising under the Purchase Agreement may be met without the so-called cookies being saved in the computer of the Buyer, the Buyer may withdraw his/her consent at any time in accordance with the previous sentence.

XI. DELIVERY

11.1. Unless agreed otherwise, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, and that by electronic mail, in person or by registered post provided by postal service provider (selected by the sender). The correspondence shall be delivered to the Buyer to the address of the electronic mail stated in his/her user account or in the order in the event that the Buyer does not have a user account.

XII. FINAL PROVISION

12.1. In the event that the relationship related to the use of the website or the legal relation established by the Purchase Agreement includes an international (foreign) element, the contracting parties agree that the relationship shall be governed by the law of the Czech Republic, particularly by the Civil Code, unless specified otherwise by these Trading Terms and Conditions or the Purchase Agreement. This shall not affect the rights of the consumer arising from the generally binding legal regulations.

12.2. The Seller is entitled to sell goods in accordance with a trade licence and the activity of the Seller is not subject to any other licensing. Trade control shall be carried out by relevant Trades Licensing Office within its sphere of authority.

12.3. In the event that any of the provisions of the Trading Terms and Conditions is invalid on ineffective, or happens to be such, the invalid provision shall be superseded by a provision, whose meaning is as much similar to the invalid provision as possible. Invalidity or inefficacy of one provision does not affect the validity of other provisions. Amendments and annexes to the Purchase Agreement or the Trading Terms and Conditions shall be stated in writing.

12.4. The Purchase Agreement including the Trading Terms and Conditions shall be stored in an archive and shall not be accessible.

12.5. These Trading Terms and Conditions are valid in the wording stated on the website of the Seller on the day the electronic order is sent by the Buyer. By sending the electronic order the Buyer confirms that s/he accepts all the provisions of the Trading Terms and Conditions in the wording valid on the day the order is sent.

The Business conditions shall enter into force on August 27, 2020.