Article 1

Introductory provisions

1) These general trading terms are valid for purchases made through orders from the Internet on the page www.vimixa.cz operated by the company VIMIXA, a.s., registered office K nádraží 252, 664 59 Telnice, registration number 26224836, or through the phone 00 420 544 224 291 (hereinafter called „the seller“). The buyer is any physical or legal entity who proposes to buy offered goods through the pages www.vimixa.cz (hereinafter called „the buyer“).

2) These general trading terms allocate rights and responsibilities of the seller and the buyer.

3) Contractual relationships are concluded in conformity with legal order of the Czech Republic. Relationships which are not regulated by these trading terms comply with the Act No. 89/2012 Coll. Civil Code (hereinafter called „Civil Code“), and if the contracting party is a consumer, with the Act No. 634/1992 Coll., about consumer protection as subsequently amended.

4) By ordering goods through the Internet or through the phone stated in paragraph 1 of this article, the buyer as well as the seller express obligation to abide by these general trading terms as if these terms were printed and signed in the form of a contract. General trading terms are biding in full actual wording as publicly accessible on the seller’s internet pages www.vimixa.cz.

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Article 2

Subject of the contract

1) Subject of the contract is sale of goods stated by the buyer in the order.

2) Data about goods stated on the internet pages, catalogues, booklets and other seller’s printed materials (dimensions, packaging appearance, etc.) are only informatory data and by this token the goods can show mild differences (this isn’t goods‘ defect).

3) Ordered goods will be delivered to the buyer in quality and variant suitable for the goods‘ purpose and in compliance with the respective goods‘ usual specifications and characteristics, complying with relevant norms, regulations and orders valid in the territory of the Czech Republic.

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Article 3

Order of goods

1) The buyer orders from the seller through the Internet shop or phone number stated in paragraph 1 of article 1 of these trading terms.

2) Every order placed to the seller through his Internet shop or phone order is binding to the buyer and is considered a buying contract proposal.

3) Buying contract is concluded the moment when the seller accepts the order. The seller informs the buyer that he accepts the order, immediately after the order is placed or within 5 working days at the latest, most usually through e-mail or any other unequivocal form. Accepting the order after this period is considered a new offer from the seller’s side and hence accepting from the buyer’s side is needed.

4) The buyer is obligated to state exact, full and true data in the order. Based on the nature of the order (ie. quantity of goods, price amount, transport expenses, distance, etc.), the seller is entitled to ask the buyer to authorize the order appropriately (e.g. in writing or telephonically), or to ask the buyer to pay the purchase price or its part in advance. In such case the buying contract is not concluded earlier than the moment of proper and timely fulfilling of conditions as requested by the seller.

5) Time limited offers or discount actions can be made use of only in the period of their validity. Unless specified explicitly otherwise, individual offers and actions cannot be combined.

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Article 4

Purchase price and terms of payment

1) The buyer is obliged to pay the seller for goods purchase price valid in the moment of delivering the order to the seller. Any subsequent changes to purchase price don’t have impact on the buyer’s obligation to pay the purchase price amount as originally agreed, nor on the seller’s obligation to deliver ordered goods for the originally agreed price.

2) The buyer is obliged to pay the seller purchase price including VAT in the amount valid in the moment of concluding the buying contract.

3) Purchase price is determined according to the seller’s price list valid in the time of ordering the goods.

4) The buyer is obliged to pay the seller postage and packing costs. Postage and packing amount is stated in the goods order depending on the goods sort and way of transport.

5) The buyer is obliged to pay the purchase price in cash to the goods carrier (so called cash on delivery) or in advance to the seller’s account. The way of purchase price remittance is an integral part of the goods order.

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Article 5

Terms of delivery, time of delivery

1) The seller will ensure delivering of goods to the buyer according to the way selected in goods order.

2) Place of goods delivery is understood as the address stated in goods order by the buyer.

3) Time of goods delivery is dependent on the type and quantity of ordered goods and will be specified to the buyer in the goods order confirmation. Any other information about time of delivery is only informatory and is not obligatory to the seller.

4) The day of delivery is the day of sending or passing the goods to transport or taking the goods over by the buyer in the seller’s shop in the place of his business in Telnice.

5) If the buyer doesn’t take ordered goods over at agreed time and on agreed place, contracting parties agree that the seller can claim storage fee and costs compensation from the buyer up to 50% of agreed price of the ordered goods, depending on the fitness of goods to be re-sold.

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Article 6

Responsibility of the seller for goods defects

1) The buyer is obliged to take the goods over from the carrier or the seller properly and to confirm this fact on the delivery note and transport document, or possibly on a different document. By signing the delivery note the buyer confirms that the consignment was delivered without apparent defects and later complaints about consignment packing damages will be disregarded.

2) Ownership rights of the goods are transferred to the buyer at the moment of paying the purchase price stated on the invoice.

3) The seller is responsible to the buyer for goods defects under § 2099 of the Civil Code.

4) Claims regarding liability for defects in delivered goods comply with applicable valid legal regulations.

5) The seller will remedy established and recognized defects for free and without unreasonable delay by supplying missing goods or supplying substitutive goods for the defective goods. If it’s not possible to remedy the defect forthwith, the seller will do so in the closest possible term. The seller will notify the buyer about the term.

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Article 7

Personal data protection

1) The buyer declares that all data supplied to the seller for the purpose of delivering the goods are true and correspond to reality, while he is aware of possible consequences following from falseness of this declaration.

2) The seller declares that all personal data which the buyer has provided about himself are confidential, will be used only for the seller’s internal needs, will not be made public, provided to third party or abused in any way. Personal data are collected for commercial, logistic, statistic and marketing reasons. While treating personal data, the seller is obliged to comply with the Act No. 101/2000 Coll., on personal data protection, as subsequently amended.

3) By placing the order, the buyer agrees that the seller will collect and keep personal data about his person and his purchases, and that the seller will subsequently process them for his needs.

4) The buyer is entitled to ask for erasing of his personal data from the seller’s database and the seller is obliged to comply with request instantly.

5) By registering in the seller’s e-shop or telling during a phone order, the buyer (and potential buyer) agrees to be sent e-mail news occasionally. In case the registered person doesn’t wish to receive e-mails, the seller is obliged to remove the e-mail contact from the database by request.

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Article 8

Closing provisions

1) These general trading terms replace fully all preceding general trading terms relating to the seller’s services.

2) In case that any regulation of general trading terms is found unlawful or invalid, validity and effect of all other general trading terms regulations is not affected.

3) Buying contract is concluded in Czech language and in conformity with legal order of the Czech Republic. Relations and possible disputes arisen from the contract will be resolved exclusively in accordance with the valid rule of law of the Czech Republic and will be resolved by courts of the Czech Republic.

4) The seller reserves the right to modify or add to these Conditions, especially if related laws or the way of trading are changed. Changes, additions and their effectiveness will be announced appropriately. In case of disagreement with changed or updated terms, the buyer is entitled to communicate his disagreement to the seller in the term of 7 days from the moment of learning about the change or addition. Should he not do so, it is assumed that the buyer accepted the changes or additions.

5) These general trade terms are effective from 1. 1. 2016.