Terms and Conditions

Terms and Conditions

Notice

In connection with the introduction of new accounting legislation from 1 January 2016, it is not possible to make any changes to the accounting documents already issued.
Please pay particular attention when entering billing information and check its accuracy before sending the order.

The operator of the e-shop

Lukáš Urbanec
Michálkovická 2098/86B
Czech Republic
710 00 Ostrava
ID: 70008175
DIC: CZ7909174955
DUNS: 888402307

Part "A" - end consumer

Content

Part "B" - entities with an ID number (companies, entrepreneurs)

Content


I. INTRODUCTORY PROVISIONS

I.1in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll. (hereinafter referred to as the "Civil Code"), these Terms and Conditions regulate the mutual rights and obligations of the parties arising under or in connection with a purchase contract (hereinafter referred to as the "Purchase Contract") between a consumer, as defined in Section 419 and Act No. 634/1992 Coll. (hereinafter referred to as the "Buyer") and the Seller.
I.2. The Seller operates an online shop on the website www.cevamit.com (hereinafter referred to as the "eshop"), through the website interface (hereinafter referred to as the "web interface ").

I.3. Section "A" of the Terms and Conditions applies only to consumers and, conversely, does not apply if the buyer is a legal entity or a person who purchases goods in the course of a business or an independent profession; in such cases, Section "B" applies.

I.4. The Terms and Conditions are an integral part of the Purchase Contract.

1.5. It is possible to negotiate different provisions in the purchase contract than those set out in the terms and conditions. In such a case, the provisions in question in the terms and conditions shall cease to be valid.

I.6. The provisions of the Terms and Conditions may be amended or supplemented by the Seller. Such changes shall not affect the relations concluded under the previous version of the Terms and Conditions.

I.7. The Purchase Contract is concluded subject to law - the contract, legal relations and disputes arising from the contract are subject to Czech law.
I.8. The Terms and Conditions as well as the Purchase Contract are concluded in the Czech language.

II. CONCLUSION OF THE PURCHASE CONTRACT

II.1. The Purchase Contract is concluded between the Seller and the Buyer. When ordering on the e-shop, the buyer specifies his/her status as a buyer (consumer, entrepreneur and VAT payer or non-taxpayer) from the web interface.

II.2. All offers of goods on the web interface of the shop are of an informative nature and the Seller is not obliged to conclude a purchase contract with regard to the advertising messages presented in this way. Section 1732(2) of the Civil Code is expressly excluded and does not apply to the conclusion of a purchase contract.

II.3. The web interface contains information about the goods, including the prices of the individual items offered. The prices of the items are always quoted with and without VAT. The final prices for the required number of items will always be precisely quantified by the ordering tool of the web interface. Prices are valid at the time of display on the web interface. However, this article does not exclude the possibility of concluding purchase contracts under different conditions than those indicated on the web interface.

II.4. The costs associated with the packaging, payment and delivery of the goods are displayed in the ordering system of the web interface.

II.5 The Buyer completes the order form on the web interface, in particular:

II.5.1. the ordered goods; this is entered into the virtual shopping cart using the tools of the web interface

II.5.2. the billing and delivery address, including the reference number (if the buyer has one) and the VAT registration number

II.5.3. The cost information is immediately displayed by the web interface during the selection process.

Hereinafter referred to collectively as "order".

II.6. Before confirming the order, the buyer has the possibility via the web interface to check all the data he has provided and correct them, if necessary, remove or add more goods to the basket. After the buyer has verified the correctness of all the data he has entered, he can proceed to confirm the order, which, however, must be preceded by reading the terms and conditions and marking the option that expressly confirms this step of the buyer and confirms also the acceptance of the terms and conditions. By clicking the "Send..." button, the order is confirmed and sent to the seller for processing. The Seller will confirm receipt of the order to the Buyer by e-mail, to the e-mail address provided by the Buyer at the time of the order (hereinafter referred to as the "Buyer's e-mail address").

II.7. The Seller is always entitled to ask the Buyer for additional confirmation and approval of the order in connection with its clearance in terms of the quantity of goods, the amount of the purchase price, shipping costs, etc.

II.8. The contractual relationship between the Seller and the Buyer shall be established by sending an acknowledgement of receipt of the order by electronic mail to the Buyer's electronic address. An exception is made for orders arising under the provisions of II.9.

II.9. In addition to the procedure described in clauses II.5 and II.6, an order may also be placed completely outside the e-shop by other means of distance communication such as electronic mail or telephone. In such a case, the Buyer shall transmit all the necessary information set out in points II.5 and II.6 by these means of communication and shall also transmit the Buyer's electronic address to which the Seller shall send the draft order with reference to the terms and conditions. This proposal shall include the price for the goods, services, freight and VAT as ordered by the Buyer. The contractual relationship for ordering goods according to this provision shall be established by sending an order confirmation by the Buyer in response to the order proposal sent by the Seller via e-mail.

II.10. The Buyer agrees to the use of remote means of communication for the conclusion of the purchase contract. The costs incurred by the Buyer for the use of these means shall be borne solely by the Buyer (costs of telephone calls or internet access and related expenses).
II.11. The invoice will be issued on the basis of the data entered by the buyer. No data on the invoice may be changed after it has been issued.

III. PAYMENT TERMS

III.1 The Buyer may pay the price for the goods and services ordered under the Purchase Contract to the Seller by one of the methods specified:

III.2 Together with the purchase price for the goods, the Buyer shall pay all costs associated with the packaging and delivery of the goods in the amount agreed with the Seller. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

III.3. In the case of payment in cash and payment on delivery, the purchase price is payable on receipt of the goods. In the case of non-cash payment (invoice or advance invoice), the purchase price is due within 10 days of the conclusion of the purchase contract; unless a different payment period is agreed.

III.4 For non-cash payment, the buyer must send the payment with the correct variable symbol specified in the advance invoice (or regular invoice) or in the order confirmation. For non-cash payments, the Buyer's obligation to pay the purchase price is fulfilled by crediting the Seller's account with the correct variable symbol.

III.5. In the event that there is no additional order confirmation by the Seller (Article II.7), the Seller is entitled to demand payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

III.6. The tax document is issued by the Seller in printed form and sent with the goods or handed over with the goods in case of personal collection of the goods at the Seller's premises. Upon request, the tax document can be sent to the buyer's electronic address in electronic form.

IV. WITHDRAWAL FROM THE PURCHASE CONTRACT

IV.1. The Purchaser acknowledges the provisions of Section 1837 of the Civil Code, according to which a contract for the supply of goods which have been modified according to the Purchaser's wishes or for the Purchaser's person, a contract for the supply of perishable goods and goods which have been irretrievably mixed withother goods, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of a sound or visual recording or a computer program if the consumer has damaged the original packaging.

IV.2. Unless the case referred to in Article IV.1 or any other case in which the purchase contract cannot be withdrawn from, the purchaser has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code. If the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts from the date of receipt of the last part of the delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the aforementioned fourteen-day period. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller in the Contact section. Withdrawal from the Purchase Contract is absolutely required in writing and must be signed by the Buyer. The signed document can be scanned and sent as an attachment by email to info@cevamit.com or by post as a document to the address of the business premises. An unsigned or incompletely completed form shall not have the effect of a withdrawal from the purchase contract.

IV.3. In the event of withdrawal from the Purchase Contract pursuant to Article IV.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. The Goods must be returned in their original and complete packaging material with all original accessories including the shipping box. Furthermore, it must be fully functional, undamaged and not bear visible signs of use. Otherwise, the Seller may deduct from the returned purchase price the proven costs of restoring the item to its original condition.

IV.4. In the event of withdrawal from the Contract pursuant to Article IV.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract, but only subject to the covenant in Clause IV.3, i.e. the Seller's obligation to return the Goods to the Seller within fourteen days. Funds will not be remitted to the Buyer until the Seller has received the returned goods. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees to this and no further costs are incurred by the Buyer. If the buyer 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 him.

IV.5 Until the Buyer has taken delivery of the goods, the Seller is entitled to withdraw from the Purchase Contract at any time. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.

IV.6 In the event of withdrawal from the contract, the consumer shall bear the costs of returning the goods. The return of the product to the seller shall be made by the consumer at his own expense in accordance with § 1820 paragraph 1 g.

V. TRANSPORT AND DELIVERY OF THE GOODS

V.1. If the method of transport is arranged according to the Buyer's specific wishes, the Buyer bears the possible additional costs and in particular the risk associated with this method of transport.

V.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods at the specified place.

V.3 Immediately upon receipt of the goods from the carrier, the buyer is obliged to check that the packaging of the shipment is intact. If it shows visible damage, he must immediately report this fact to the carrier. If the damage to the packaging indicates possible damage to the contents of the consignment or possible unauthorised entry into the consignment, it is the buyer's obligation to inform the seller immediately in addition to the carrier.

V.4 If the Buyer discovers damage to the goods inside the package after unpacking, he must immediately inform the Seller within 48 hours of receipt of the shipment from the carrier in order to initiate a claim procedure with the carrier. After this time limit, damaged shipments can no longer be claimed, which follows from the shipping terms and conditions of the carriers.

V.5 The Seller arranges delivery of the goods by carriers throughout the EU. The costs associated with dispatch and delivery are differentiated according to the chosen method of payment and delivery conditions. The final shipping costs, including any applicable delivery charges, are always communicated to the Buyer during the order process via the web interface, with the Buyer being able to change them at any time before the order is confirmed. The Buyer acknowledges that for shipments distributed within the EU, the Seller's preferred carrier is GLS and this is the cheapest shipping option in terms of cost. Other standard carrier options offered on the web interface include DHL.

V.6 Other rights and obligations of the parties for the carriage of goods may be governed by the Seller's specific delivery terms and conditions for specific order cases; typically, this may include oversized, multi-piece or overweight shipments.

VI. RIGHTS OF DEFECTIVE PERFORMANCE, CONDITIONS OF COMPLAINT

VI.1 The rights and obligations of the parties arising from defective performance shall be governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).

VI.2 The Seller shall be liable for the fact that the goods will be free from defects upon receipt by the Buyer. Namely, the Seller shall be liable to the Buyer that at the time of the Buyer's acceptance of the Goods the following shall apply:

VI.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described and specified by the manufacturer

VI.2.2. the goods are fit for the purpose stated by the seller or the manufacturer for their use or for any other purpose expressly recommended by the seller in the course of the order

VI.2.3. the goods conform in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined by reference to the agreed sample or specimen,

VI.2.4. the goods are in the agreed quantity or quantities corresponding to the agreed quantity or weight

VI.2.5. the Seller has subjected the goods to a functional and quality check before dispatch

VI.3 The provisions set out in Article VI.2 of the Terms and Conditions do not apply to goods sold at a lower price because of a defect for which the lower price was agreed. Similarly, they do not apply to wear and tear caused by normal use or arising from the nature of the goods. in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer or arising from the nature of the goods.

VI.4. For used consumer goods, liability for defects shall be to the extent of use or wear and tear which the goods have had on receipt by the buyer. For second-hand consumer goods, the period for exercising the right of defective performance is reduced to one year in accordance with the law. The buyer freely agrees to this reduction of the time limit by confirming his acceptance of the terms and conditions (point II.6)

VI.5. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.

VI.6. The rights arising from defective performance shall be exercised by the Buyer at the Seller's business address - Michálkovická 2098/86b, Ostrava, 71000. If the goods are delivered to another address for claim, or to the dispatch office of any carrier, the shipment will not be collected. The moment of claim is considered to be the moment when the Seller received the claimed goods from the Buyer, including the mandatory information provided by the RMA form at https://www.cevamit.com/reklamace.php. If the claimed goods are not accompanied by the RMA form or all necessary documents such as, in particular, the proof of purchase, a precise description of the defect and contact information, the moment of claim will be the moment when the Buyer completes this information.

VI.7 The Seller shall provide a warranty for the products purchased and duly paid for, for the duration specified below, starting from the moment of acceptance.

24 months - for all consumer goods except for the exceptions listed below

12 months - resistive heating inserts (in particular iR radiant heaters, preheaters, microwaves, ultrasonic and tin baths), ultrasonic piezoelectric vibration transducers, fluorescent lamps, incandescent lamps


6 months - components of a consumable nature such as in particular: heating coils for hot air stations, soldering tips, batteries

VII. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

VII.1. The Buyer shall not acquire ownership of the Goods until the full purchase price has been duly paid.

VII.2 The Seller is not bound to the Buyer by any code of conduct in accordance with the provisions of Section 1826(1)(e) of the Civil Code.

VII.3. Complaints relating to the goods delivered as well as to all activities related to the Seller's e-shop are handled by e-mail at info@cevamit.com. Replies will also be sent back electronically to the respondents' addresses.

VII.4. The Seller is authorised to sell by a valid trade licence to the extent required. The trade control is carried out by the locally competent trade office. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. Compliance with Act No. 634/1992 Coll., on Consumer Protection, is carried out within the defined scope by the Czech Trade Inspection Authority.

VII.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
VII.6. Some of the products in our offer are not intended for consumers, but for industrial use (e.g. the entire offer "Packaging technology and packaging"). These products are not intended to be offered to the consumer nor can they be reasonably foreseen to be used by the consumer and are therefore not covered by Act No. 102/2001 SB on general product safety. Ensuring the safety of work with these industrial devices is subject to the same regime as deployment in an industrial operation and therefore to several legal standards ensuring the safety of operation and safety of work with these products. In particular for persons who may be at risk when using the product, especially children and persons with reduced mobility.

VIII. PROTECTION OF PERSONAL DATA, SENDING COMMERCIAL COMMUNICATIONS

VIII.1 The protection of personal data of natural persons is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

VIII.2. The Buyer agrees to the processing of all his personal data transmitted to the Seller during the order and conclusion of the purchase contract hereinafter referred to as "personal data". The transfer of personal data to the Seller is voluntary on the part of the Buyer.

VIII.3. The Buyer expressly consents to the processing of personal data for the formation of the purchase contract, the logistical processing of the order and the issuance of accounting documents. The Buyer acknowledges that the personal data provided by him in connection with the order will be stored by the Seller in electronic form for an indefinite period of time, in particular for accounting purposes and also to prove the origin of the order and the circumstances of its origin. Unless expressly excluded by the Buyer, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.

VIII.4 The Buyer agrees to the sending of information related to the Seller's goods or services to the Buyer's electronic address, SMS messages to the Buyer's telephone number and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address. This consent may be revoked at any time by the Buyer, but this shall not affect the validity of the other provisions or the concluded purchase contracts.

VIII.5 The Buyer undertakes to provide his/her personal data correctly and truthfully when placing an order. The Buyer shall inform the Seller of any changes to his personal data. The Seller shall not be liable for any injury, damage or downtime resulting from incorrect or outdated personal data; any additional costs incurred in this connection shall be borne by the Buyer.

VIII.6 The Seller may delegate the processing of personal data to a third party processor. Apart from the transfer of personal data (to the extent necessary to ensure logistics) to the carrier for the execution of the purchase contract, personal data will not be transferred to any other third party.

VIII.7 The Buyer confirms the correctness and accuracy of the personal data provided and that he has been informed that the transfer of personal data is voluntary.

VIII.8. Should the Buyer believe that the Seller or the Processor (Article VIII.5) is carrying out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may:

VIII.8.1. ask the seller or processor for an explanation,

VIII.8.2. require the seller or processor to remedy the situation.

VIII.9. if the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information.
VIII.10. We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Customer Verified Programme, in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor Heureka.cz, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.

IX. FINAL PROVISIONS

IX.1. If the relationship arising from the resulting purchase contract contains a foreign element, the parties agree that the relationship shall be governed by Czech law.

IX.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

IX.3. A model form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.

IX.4. In the event that a consumer dispute arises between us and the consumer under a contract of sale or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Central Inspectorate - ADR Department Štěpánská 15 120 00 Prague 2 Email: adr@coi.cz Website: adr.coi.cz
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
IX.5 Contact details of the Seller:

delivery address:

Lukáš Urbanec
Michálkovická 2098/86B
710 00 Ostrava

phone: +420 603 357 606

email: info@cevamit.com

Form for withdrawal from the purchase contract

Download the withdrawal form here.

Send the document together with the goods or by registered envelope to:

Lukáš Urbanec
2098/86B Michálkovická Street
710 00 Ostrava

or scanned to info@cevamit.com

Part "B" - entities with ID number (companies, entrepreneurs)

Content

I. INTRODUCTORY PROVISIONS

I.1. These Terms and Conditions regulate the mutual rights and obligations of the parties arising under or in connection with the Purchase Contract (hereinafter referred to as the "Purchase Contract") between the Buyer who is not a consumer pursuant to Section 419 and Act No. 634/1992 Coll. (hereinafter referred to as the "Buyer") and the Seller.
I.2. The Seller operates an online shop on the website www.cevamit.com (hereinafter referred to as "eshop"), through the website interface (hereinafter referred to as "web interface ").

I.3. Section "B" of the Terms and Conditions does not apply if the Buyer is a consumer. For consumers, section "A" above applies.

I.4. The Terms and Conditions form an integral part of the Purchase Agreement.

1.5. It is possible to negotiate different terms in the purchase contract than those set out in the terms and conditions. In such a case, the provisions in question in the terms and conditions shall cease to be valid.

I.6. The provisions of the Terms and Conditions may be amended or supplemented by the Seller. Such changes shall not affect the relations concluded under the previous version of the Terms and Conditions.

I.7. The Purchase Contract is concluded subject to law - the contract, legal relations and disputes arising from the contract are subject to Czech law.
I.8. The Terms and Conditions as well as the Purchase Contract are concluded in the Czech language.
I.9. An integral part of the Terms and Conditions is the "Terms and Conditions of the Product Loan" (https://www.cevamit.com/cs/pujcovna.html), defining the terms and conditions of the purchase contract concluded with the addition of the loan

II. CONCLUSION OF THE PURCHASE CONTRACT

II.1. The Purchase Contract is concluded between the Seller and the Buyer. When ordering on the e-shop, the buyer specifies his/her status as a buyer (consumer, entrepreneur and VAT payer or non-taxpayer) from the web interface.

II.2. All offers of goods on the web interface of the shop are of an informative nature and the Seller is not obliged to conclude a purchase contract with regard to the advertising messages presented in this way. Section 1732(2) of the Civil Code is expressly excluded and does not apply to the conclusion of a purchase contract.

II.3. The web interface contains information about the goods, including the prices of the individual items offered. The prices of the items are always quoted with and without VAT. The final prices for the required number of items will always be precisely quantified by the ordering tool of the web interface. Prices are valid at the time of display on the web interface. However, this article does not exclude the possibility of concluding purchase contracts under different conditions than those indicated on the web interface.

II.4. The costs associated with the packaging, payment and delivery of the goods are displayed in the ordering system of the web interface.

II.5 The Buyer completes the order form on the web interface, in particular:

II.5.1. the ordered goods; this is entered into the virtual shopping cart using the tools of the web interface

II.5.2. the billing and delivery address, including the identification number (if the buyer has one) and the VAT payer's details. In the event of a discrepancy between the address entered by the buyer and the address obtained from the ARES database on the basis of the identification number, the address from ARES will be used for issuing the invoice.

II.5.3. Choice of transport of goods. The cost information is immediately displayed by the web interface during the selection process.

The above is hereinafter collectively referred to as "order".

II.6. Before confirming the order, the buyer has the possibility via the web interface to check all the data he has entered and correct them or remove or add more goods to the basket. After the buyer has verified the correctness of all the data he has entered, he can proceed to confirm the order, which, however, must be preceded by reading the terms and conditions and marking the option that expressly confirms this step of the buyer and confirms also the acceptance of the terms and conditions. By clicking the "Send..." button, the order is confirmed and sent to the seller for processing. The Seller will confirm receipt of the order to the Buyer by e-mail, to the e-mail address provided by the Buyer at the time of the order (hereinafter referred to as the "Buyer's e-mail address").

II.7. The Seller is always entitled to ask the Buyer for additional confirmation and approval of the order in connection with its clearance in terms of the quantity of goods, the amount of the purchase price, shipping costs, etc.

II.8. The contractual relationship between the Seller and the Buyer shall be established by sending an acknowledgement of receipt of the order by electronic mail to the Buyer's electronic address. An exception is made for orders arising under the provisions of II.9.

II.9. In addition to the procedure described in clauses II.5 and II.6, an order may also be placed completely outside the e-shop by other means of distance communication such as electronic mail or telephone. In such a case, the Buyer shall transmit all the necessary information set out in points II.5 and II.6 by these means of communication and shall also transmit the Buyer's electronic address to which the Seller shall send the draft order with reference to the terms and conditions. This proposal shall include the price for the goods, services, freight and VAT as ordered by the Buyer. The contractual relationship for ordering goods according to this provision shall be established by sending an order confirmation by the Buyer in response to the order proposal sent by the Seller via e-mail.

II.10. The Buyer agrees to the use of remote means of communication for the conclusion of the purchase contract. The costs incurred by the Buyer for the use of these means shall be borne solely by the Buyer (costs of telephone calls or internet access and related expenses).
II.11. The invoice will be issued on the basis of the data entered by the buyer. No data on the invoice may be changed after it has been issued.

II.12. Both the Buyer and the Seller have the right to submit a proposal in writing or by email within 24 hours of receipt of the Order Confirmation to amend or cancel the Purchase Contract. If they fail to do so within the time limit, the Purchase Contract between the two parties shall be concluded as stated in the Order Confirmation.

III. PAYMENT TERMS

III.1 The Buyer may pay the price for the goods and services ordered under the Purchase Contract to the Seller by one of the methods specified:

III.2 Together with the purchase price for the goods, the Buyer shall pay all costs associated with the packaging and delivery of the goods in the amount agreed with the Seller. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

III.3. In the case of payment in cash and payment on delivery, the purchase price is payable on receipt of the goods. In the case of non-cash payment (invoice or advance invoice), the purchase price is due within 10 days of the conclusion of the purchase contract; unless a different payment period is agreed.

III.4 For non-cash payment, the buyer must send the payment with the correct variable symbol specified in the advance invoice (or regular invoice) or in the order confirmation. For non-cash payments, the Buyer's obligation to pay the purchase price is fulfilled by crediting the Seller's account with the correct variable symbol.

III.5. In the event that there is no additional order confirmation by the Seller (Article II.7), the Seller is entitled to demand payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

III.6. The tax document is issued by the Seller in printed form and sent with the goods or handed over with the goods in case of personal collection of the goods at the Seller's premises. Upon request, the tax document can be sent to the buyer's electronic address in electronic form.
III.7. In the case of a 2x paid invoice, a handling fee of 10Eur excluding VAT for administration is charged.

IV. TRANSPORT AND DELIVERY OF GOODS

IV.1. If the method of transport is agreed upon according to the Buyer's specific wishes, the Buyer bears the possible additional costs and in particular the risk associated with this method of transport.

IV.2. If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods at the specified place. In the event of refusal to accept the ordered goods or any obstruction by the Buyer leading to the return of the package, a penalty of 10 EURO is set, which the Buyer is obliged to pay to the Seller with a fourteen-day due date. An obstruction of delivery is also understood to be an incorrect address given by the Buyer at the time of the creation of the purchase contract.

IV.3 Immediately upon receipt of the goods from the carrier, the Buyer is obliged to check whether the packaging of the shipment is intact. If it shows visible damage, he must immediately report this fact to the carrier. If the damage to the packaging indicates possible damage to the contents of the consignment or possible unauthorised entry into the consignment, it is the buyer's obligation to inform the seller immediately in addition to the carrier.

IV.4 If the Buyer discovers damage to the goods inside the package after unpacking, he must inform the Seller immediately, but no later than 48 hours after receipt of the shipment from the carrier, in order to initiate a claim procedure with the carrier. After this time limit, damaged shipments can no longer be claimed, which follows from the shipping terms and conditions of the carriers.

IV.5. The Seller ensures delivery of the goods through carriers throughout the Czech Republic and the Slovak Republic. The costs associated with dispatch and delivery are differentiated according to the chosen method of payment and delivery conditions. The final prices for shipping, including any applicable delivery charges, are always communicated to the Buyer during the order process via the web interface, with the Buyer being able to change them at any time before the order is confirmed. The Buyer acknowledges that for shipments distributed within the EU, the Seller's preferred carrier is GLS and this is the cheapest shipping option in terms of cost. Other standard carrier options offered on the web interface include DHL.

IV.6 Other rights and obligations of the parties for the carriage of goods may be governed by the Seller's specific delivery terms and conditions for specific order cases; typically, this may include oversized, multi-piece or overweight shipments.

V. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, CONDITIONS OF COMPLAINT, WITHDRAWAL FROM THE PURCHASE CONTRACT

V.1. The Seller shall be liable to the Buyer for defects in the Products pursuant to §2099 et seq. of Act No. 89/2012 Coll., Civil Code.

V.2. The Seller shall be liable for the fact that the Goods shall not be defective upon receipt by the Buyer. Namely, the Seller shall be liable to the Buyer that at the time of acceptance of the Goods by the Buyer the following shall apply:

V.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described and specified by the manufacturer

V.2.2. the goods are fit for the purpose stated by the seller or the manufacturer for their use or for any other purpose expressly recommended by the seller in the course of the order

V.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

V.2.4. the goods are in the agreed quantity or quantities corresponding to the agreed quantity or weight.

V.2.5. the Seller has subjected the goods to a functional check before dispatch
V.3. the Seller shall not be liable for costs incurred by the Buyer to increase the value of the product, such as in particular changes in finishes, colour, replacement of product parts, adaptation of the work area, tests, certificates and costs for similar procedures related to the operation of the product on the part of the Buyer, which he has carried out on his own initiative. Similarly, the Seller shall not be liable for the costs incurred by the Buyer for the assessment of the technical condition of the product by a third party as a basis for initiating a complaint procedure. The assessment of the claim is always carried out by the Seller at the initiative of the Buyer to initiate a claim and is free of charge. The Seller shall not pay the aforementioned costs related to the product, which were incurred by the Buyer without the will of the Seller, in the framework of the complaint procedure.

V.4. The provisions referred to in Article V.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which a lower price has been agreed. Similarly, they shall not apply to wear and tear caused by the normal use of the goods or if this is apparent from the nature of the goods. in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer or if this is apparent from the nature of the goods.

V.5 For used goods, the liability for defects corresponds to the degree of use or wear and tear the goods had when they were taken over by the buyer. For second-hand goods, the period for exercising the right of defective performance is reduced to one year in accordance with the law. The buyer freely agrees to this reduction of the time limit by confirming his acceptance of the terms and conditions (point II.6)

V.6. The rights of defective performance shall be exercised by the Buyer at the Seller's business address - Michálkovická 2098/86b, Ostrava, 71000. If the goods are delivered to another address for claim, or to the dispatch office of any carrier, the shipment will not be collected. The moment of claim is considered to be the moment when the Seller received the claimed goods from the Buyer, including the mandatory information provided by the RMA form at https://www.cevamit.com/reklamace.php. If the claimed goods are not accompanied by the RMA form or all necessary documents such as, in particular, the proof of purchase, a precise description of the defect and contact information, the moment of claim will be the moment when the Buyer completes this information.

V.7 The Seller shall provide a warranty for the Products purchased and duly paid for for the duration specified below, starting from the moment of acceptance.

24 months - for all consumer goods except for the exceptions listed below

12 months - resistive heating inserts (in particular iR radiant heaters, preheaters, microwaves, ultrasonic and tin baths), ultrasonic piezoelectric vibration transducers, fluorescent lamps, incandescent lamps

6 months - components of a consumable nature such as in particular: heating coils for hot air stations, soldering tips, batteries

V.8. The buyer does not have the legal right to withdraw from the purchase contract within 14 days without giving a reason as he is not a consumer according to Act No. 634/1992 Coll., on Consumer Protection. A consumer is defined as "a natural person who does not act within the scope of his business activity or within the scope of his independent exercise of his profession". Similarly, other legal provisions of the Consumer Protection Act and the Consumer Protection Act relating to consumers do not apply.
The buyer has the right to exchange the purchased goods for other goods of equal or greater value after consultation with the sales department. When the exchanged goods are subsequently sent back to the buyer's address, the postage + any additional payment depending on the value of the exchanged goods will be charged.
The goods must be returned in their original and complete packaging material with all original accessories including the shipping box. Furthermore, it must be fully functional, undamaged and not bear visible signs of use. Otherwise, the Seller may deduct from the returned purchase price the proven costs of restoring the goods to their original condition.
V.9. Complaints will be settled within the time limit contractually agreed with the buyer.
V.10. In exceptional cases, it is possible to withdraw from the purchase contract by agreement with the sales department. The agreement with the sales department to withdraw from the purchase contract must always take place before the returned goods are sent back to the company's address. In the event of withdrawal from the purchase contract, the buyer will be refunded the payment for the order less any money spent on shipping. In the event that the payment was made using methods that incur charges to third parties, these funds incurred by us will also be deducted from the refunded amount. These are the following payment methods with the stated percentage costs (of the total invoiced amount for the order) paid to the payment service providers:
1.5% - payment by card (carriers)
2% - payment via GoPay payment gateway (applies to all payment gateway methods)
5.5% - PayPal payments up to 615 EURO
4.5% - PayPal payments over 615 EURO

The goods must be returned in their original and complete packaging material with all original accessories. Furthermore, it must be fully functional, undamaged and not bear visible signs of use. Otherwise, the seller may deduct the proven costs of restoration to original condition from the returned purchase price.

V.11. The costs of transporting the goods in the event of a complaint or withdrawal from the contract shall be borne by the buyer.
V.12. In the event of withdrawal from a purchase contract concluded on the basis of the "Terms and Conditions of Product Loan" (https://www.cevamit.com/cs/pujcovna.html), the buyer will be refunded the payment for the order less the funds spent on transport and the value of the loan. The goods must be returned in their original and complete packaging material with all original accessories including the shipping box. Furthermore, it must be fully functional, undamaged and not bear visible signs of use. Otherwise, the Seller may deduct from the returned purchase price the proven costs of restoring the item to its original condition.

VI. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

VI.1. The Buyer shall not take possession of the Goods until the full purchase price has been duly paid.

VI.2 The Seller is not bound to the Buyer by any code of conduct in accordance with the provisions of Section 1826 (1) (e) of the Civil Code.

VI.3. Complaints relating to the goods delivered as well as all activities related to the Seller's e-shop are handled by e-mail at info@cevamit.com. Replies will also be sent back electronically to the respondents' addresses.

VI.4. The Seller is authorised to sell by a valid trade licence to the extent required. The trade control is carried out by the locally competent trade office. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. Compliance with Act No. 634/1992 Coll., on Consumer Protection, is carried out within the defined scope by the Czech Trade Inspection Authority.

VI.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code

VII. PROTECTION OF PERSONAL DATA, SENDING COMMERCIAL COMMUNICATIONS

VII.1. The Seller processes the Buyer's personal data in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended (hereinafter referred to as "ZoOOÚ"), in the Seller's database, while fully respecting the obligations of the administrator under § 5 of ZoOOÚ. The processed data is fully protected by a functional internal data protection system (a set of internal organizational and technical measures).

VII.2. The Buyer agrees to the sending of information related to the Seller's goods or services to the Buyer's electronic address, SMS messages to the Buyer's telephone number and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address. This consent may be revoked at any time by the Buyer, but this shall not affect the validity of the other provisions or the concluded purchase contracts.

VII.3 The Buyer undertakes to provide his personal data correctly and truthfully when placing an order. The Buyer shall inform the Seller of any changes to his personal data. The Seller shall not be liable for any injury, damage or downtime resulting from incorrect or outdated personal data; any additional costs incurred in this connection shall be borne by the Buyer.

VII.4 The Seller may entrust a third party as a processor with the processing of personal data. Apart from the transfer of personal data (to the extent necessary to ensure logistics) to the carrier for the execution of the purchase contract, personal data will not be transferred to any other third party.

VIII.5 The Buyer confirms the correctness and accuracy of the personal data provided and that he has been informed that the transfer of personal data is voluntary.
VIII.6 We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Verified by Customers program, in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor Heureka.cz, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.

VIII. FINAL PROVISIONS

VIII.1. If the relationship arising from the resulting purchase contract contains a foreign element, the parties agree that the relationship shall be governed by Czech law.

VIII.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

VIII.3 Contact details of the Seller:


Delivery Address:

Lukáš Urbanec
Michálkovická 2098/86B,
710 00 Ostrava

phone: +420 603 357 606

email: info@cevamit.com

In Ostrava on 5.4.2023

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27.12.2024 it will not be possible to send the goods by GLS. Shipments will be sent on 30.12.2024