Terms & Conditions

 

The present General Commercial Terms (further only GCT) are intended only for entrepreneurs as defined in Article No. 1a).

 

 

 

1.     These GCT are issued by the AsisImport s.r.o. (further only Seller) based Janovská 393, Praha 10, zipcode 10900, Czech Republic, Company Registration No. 27203093, incorporated in trade register guided by Municipal Court, Praha, in division C, enclosure 104158 and keeping Internet portal as well as e-shop www.ait-praha.cz.

All contractual  relations are modified in conformity with legal order of the Czech Republic and obey the law provisions of the Act No. 513/1991Coll., Commercial Code (further onl Commercial Code) as amended.

 

For the purposes of these GCT and related contractual relations the following concept definitions are used:

a) As entrepreneur is to be understood a businessman as defined in §2(2),Commercial Code, (further only Buyer); Entrepeneur under this Code is:

aa) a person script in Trade Register,

ab) a person carrying business on the basis of trading licence,

ac) a person carrying business on the basis of other licence than that of trading

      according to special directions,

ad) a person practising agricultural production and it is incorporated in the  

      Registration according to special direction.

           

 b) Order understands unilateral legal act of the Buyer heading towards Seller with the aim

                 of obtaining from him an ordered performance (further only Order).

 

 c) Goods understand commodities the list of which as well as specification are made public

     on Seller´s web-sites www.ait-praha.cz, namely inclusive prices as well as availability of

     them (further only Goods or Product(s)).

 

d) E-shop understands on-line web-based shop available on web pages of the Seller

     which are listed in point 1c) in the scope of which it is possible to order, without any time  

     limitation, the Goods ppublished here (further only E-shop).

 

e) EU understands the territory of member states of European Union (further only EU).

 

f) In another text the Seller and the Buyer can be together also labelled as Both Parties.

 

These GTC define and clarify powers and duties resulting from the contractual relations between the Seller and the Buyer.

 

2.     The AsisImport s.r.o. is the importer of Goods and its wholesale dealer in the territory of EU.

 

Warehouse and address for service: AsisImport s.r.o., 5. května 1779, 25082 Úvaly

Phone: +420 246 027 731-737

Fax: +420 246 027 733

e-mail: info@ait-praha.cz; lapka@ait-praha.cz

Company´s Identification No.: 27203093

VAT Identification No.: CZ27203093

 

Working time during weekdays: from 9.00 a.m. to 4.00 p.m.

After hours the warehouse is closed and the Goods are neither handed out nor in, unless otherwise agreed.

 

Bank account for cashless transfers:

435752359 / 0800

IBAN CZ86 0800 0000 0004 3575 2359

SWIFT: GIBACZ PX

Bank: Česká spořitelna a.s. Kolín (Czech Savings Bank, Kolín City, Czech Republic)

 

The company is payer of VAT. The certificate about registration was issued by revenue authority "Finanční úřad pro Prahu 10" with effect from March 1st, 2005 (File No. 10233/2005).

 

 

3.     Goods may be ordered by entrepreneurs registered in e-shop that have stated all required data. Registration procedure is shown in section Registration or if you like How to buy.

 

4.     Goods is supplied under agreed prices which start from the prices published on web pages of the Seller. At order over e-shop there is automatically generated price zone which depends on value of the Buyer´s turnover.

Purchase prices are invoiced incl. VAT according to the rate valid at the moment of consignation together with transporting charges if invoiced based on Art. No. 6. In case the Goods crosses the Czech Republic border consequently, VAT will not be charged.

 

Prices of Goods are valid at the moment of delivery accomplishment and they are binding.

 

5.     The Goods can be ordered via e-shop or further by phone or in writing by e-mail, fax or by letter using the contact address shown in the Art. No. 2. If the Buyer is not registered and he orders Goods in another way than via e-shop, his Order has to contain at least the following primary essentials:

- name of the Buyer, his seat and delivery address incl. zipcode, Company´s Identification

 No. and VAT Identification No. (in case he is registered as payer of VAT), country (in

 case he is a company having seat out of the Czech Republic);

- contact data of the Buyer (phone No., e-mail, responsible person, eventually other data);

- ordering No. of the Goods, quantity (number of pcs, metres, packages and the like);

- the way of taking off (in person, Seller´s carrier or personal transport);

- reimbursement method (cash on delivery, advanced payment etc.).

 

The Order that does not comply with these basic requirements may be refused by the Seller or may be sent back to the Buyer for completion whereas an adequate deadline is provided. After elapse of the provided deadline, provided the data will fail to be completed, the Order will be regarded as null and void.

 

Should the Buyer fail to give his VAT Identification No. in his Order, he will not be considered for the VAT taxable person.

 

Minimum value of the Order has to be € 90 without VAT rate.

 

6.     The Goods can be taken off either in person on the Seller´s premises in Úvaly city by Prague or it can be dispatched via services PPL CZ s.r.o. (further only PPL) as well as DSL Spedition, s.r.o. (further only DSL) under the following conditions:

 

a) The Goods will be despatched through PPL if the total value of Goods does not achieve

    the amount of € 900 and the haulage charges are invoiced in line with carrying conditions

    of the said company. On Order submission there will be displayed on confirming it an

    average height of haulage charge and it will be specified at invoicing according to real

    weight and number of packages.

 

b) If the total value of the Order without VAT exceeds the amount of € 900, the haulage

    charges within the territory of Czech Republic will be covered by the Seller. The said

    charges outside the internal CZ section have to be covered by the Buyer.

 

7.     The Entrepreneur who is newly recorded will send to the Seller just at first Order a copy of his valid trade licence, abstract of his Companies Register, or appropriate document from other law amended accounting, as well as a copy of certificate about assigning tax identification number, provided a payer of VAT. The Buyer can this documentation hand over to the Seller either personally or it can be sent in writing (letter, e-mail or fax) on contact addaresses listed in Art. No. 2.

 

8.     Sending the Order he Buyer commits himself to take off the and pay for the Goods.The Buyer at the same time confirms that he is not in insolvency, in bankruptcy or cleanup and there is nothing to prevent him to meet his liabilities resulting from hereof contractual relations.

 

9.     Sending a binding Order the Buyer confirms that he is acquainted with these GCT and agrees with their entire wording and the person that has sent and confirmed the Order with his signature is hereto duly justified.  At the same time the Buyer accepts prices they are valid at the moment of sending Order with them they could get acquainted on Seller´s web pages when selecting theri Goods, or prices that they have got been assigned to them conformable with Art. No. 4 of these GCT. These GCT are an integral part of reserved contractual relations that comes into existence at the moment of reconciliation the Order by Both Parties. In case of a devious treaty then there is valid the treaty of these special conditions.

 

10. a) After setting Order over E-shop a confirmation of Order receipt will be automatically

          generated that the Buyer will obtain as a backward response. Should the Order be sent in

          an alternative way, the receipt of it follows in an individual manner. The Order received

          in this way gets further processed by Seller and in case it is free of errors the Goods is

          dispatched in nearest possible term, it means usually the next working day after receipt of

          it. Should the Buyer has ordered the Goods that is out of stock or the ordered design is

          not available etc., the Seller will contact the Buyer to clear up the details (see also Art.

          The same procedure is applied if there is necessary to conclude height of transport

          charges, method of payment or other terms of Order.

 

b) As soon as the details of Order are mutually approved, no matter whether by word of

    mouth or in writing, the Seller will proceed in the same way as with mistake-free Orders.

 

c) The Buyer is in position a yet non-dispatched the Order to revise and rectify.

 

d) The Order turns to be a purchase contract after mutual reconciliation by Both Parties.

    Also Goods dispatch is considered to be a way of reconciliation accomplished by Both

    Parties provided none of parties has argued against those Order after setting the Order,

    namely within the time destined for expedition according to Art. 10a).

 

e) The Enterpriser can cancel the Order even before its expedition without giving any

    reason for it, namely either by phone on the No. +420 246 027 737, or by e-mail on the

    address info@ait-praha.cz or lapka@ait-praha.cz. As soon as the Goods was handed

    over to the first available carrier for transportation then is this possibility of cancelling no

    more possible.

 

f) Should the Buyer despite of this refuses to take over already dispatched Goods for the

    reasons that are on his side, he is bound to indicate this fact in written to the Seller and

    return the consignment back to the Seller at the first opportunity as well as to refund him

    the cost for packing and transport of Goods if not otherwise concluded. It is impossible to

    return back such a consignment as cash on delivery and at the expense of the Seller

    provided for the Goods has been paid in advance. If there is Goods specially amended in

    question according to needs of the Buyer (e.g. Buyer´s design or logo etc.) and which is

    impossible to sell to another Buyer without incurring a loss or it is priceless at all, is the

    Seller entitled to claim damage in an amount of the difference between buying price that

    should had been paid by the Buyer and the price concluded in reserve sale, or the Buyer

    has to cover it in full extend. Title to compensation of remaining loss is hereby not

    touched.

 

g) The Goods must be sent back in original packing incl. all accompanying documentation,

    undamaged and unused. If it is to the contrary the Seller has the right to charge the Buyer

    the damage he has incurred because of impossibility to sell the Goods like

    unexceptionable. Original selling document / invoice must be also enclosed to the

    returned consignment.

 

h) If the settlement or partial payment of the returned Goods has been effected in advance,

    the Seller is bound to return this settlement back to the Buyer and towards the account

    from which the remittance has been performed. The Seller will issue a credit note for the

    returned Goods and send it to the Buyer for acknowledgement. As soon as the Buyer

    returns back the confirmed credit note, the Seller will perform the back remittance within

    the usual time-limit. The right of the Seller to require compensation for wrapping and

    transport costs eventually damage if the Goods has not been returned in top conditions as

    mentioned in Art. No. 10 g) is not thereby injured. The amount of the said compensation

    has to be mutually agreed between the Seller and the Buyer in advance. It can be

    understood under such an agreement also e.g. statement of account figures on the basis of

    tax document which is confirmed by the Buyer.

 

11. Should the ordered Goods not to be on stock, the Seller is bounded to communicate to the Buyer the supposed time of delivery. Should the Buyer does not agree with proposed delivery time, the Order is regarded as it has been never delivered. If it be to the contrary the Order shall be dispatched immediately after its coming at stock and the Order becomes binding. If there is only part of ordered Goods available, the Goods shall be dispatched in partial deliveries provided not concluded mutually otherwise.

 

12. Should the Order becomes canceled by the Seller, is the Seller obliged to draw attention the Buyer  to this fact either by e-mail or in another adequate way as well as to offer a compensatory solution (may be delivery of other appropriate Goods, cancelling of the Order etc.).

 

13. The Seller is obliged to deliver Goods in such a quantity, quality as well as finish which are given by the Order or required by the technical specification of Goods on the Seller web pages. Has if be the Goods delivered in accordance with the sample or model, is the Seller obliged to supply the Goods with features of the sample or model which were submitted to the Buyer;  should there occurs a split between determination of quality or finish of Goods according to hereof sample or model and identification of Goods described in contract, the determination above, the Goods has characteristics according of both of these determinations.

 

14. The Seller is obliged to pack the Goods properly in such a way that is prevailing for such Goods in commercial relation, or should it be impossible to determine such a way, then shall be applied the way needed for preservation and protection of Goods.

 

 

15. The Seller shall provide on Goods the guarantee of duration in minimal lawful time-limit of 24 months that begins to run from the day of supplying the Goods to the Buyer. As the day of supply is considered the day of arrival of the Goods the place of destination or the day of taking over the Goods by the Buyer on the premises of the Seller according to of what of possibility the Buyer has specified in Order.

 

16. The Seller´s responsibility for defects relates to quality guarantee does not arise provided the said defects have been incurred after attachment of risk damage after transition the risk of damage due to external events and the defect has been caused neither by Seller nor the persons with whom the Seller fulfilled his engagement.

 

17. Duration of guarantee is does not run for a period within that the Buyer cannot use the Goods because of its defects caused by the Seller. Should the outcome of complaint procedure be exchange of Goods under complaint, the duration of guarantee period begins its running from the moment of taking over the new Goods. At exchange of a defective single part new duration of guarantee period relates on interchanged part only.

 

18. The Buyer is obliged to see through the Goods according to possibilities as soon as possible after transition the risk of damage on the Goods. If the Buyer will not see through the Goods or will not arrange the Goods to be seen through at the time of transition the risk of damage to the Goods, he can force the claims from defects ascertainable at those visit only when he will prove that the said defects were present already at the time of transition the risk of damage to the Goods.

 

The Buyer is therefore obliged to check visually the cover of Goods, especially that whether the cover surface is not disturbed, whether are not crooked especially carton edges, whether has not been damaged the wrapper or whether the carton is not soaked, pierced or otherwise damaged. Such a state indicates that there could have ocurred damage to the content of the cardboard in consequence of careless handling in the course of transportation. This fact has the Buyer immediately, before confirmation of the way bill, to report to the driver of transport and at the same time he hasto insist on booking complaints record eventually request making a report about state in what was consignment delivered and in case of need about other damages. Herewith the Buyer shall ensure easier settlement of pertinent later complaint and minimizes rise of possible damages.

 

19. Will the Buyer break duties given in Art.Nos. 13. and 14. of these GTC, the Goods discloses defects. Also delivery of other Goods than specified in purchase contract is considered to be a defect as well as mistake in documents necessary for usage of Goods.  

Should from transport document, evidence of handing over the Goods or from declaration of Seller result that the delivery is less or there is only part of the Goods, the provisions about defects of Goods do not relate on missing Goods.

 

20. The Buyer has the right to claim the defect if this defect on Goods will be found within the duration of guarantee period. The right of the Buyer from defects on Goods has to be enforced in duration of guarantee period without undue delay and as soon as the Buyer finds out the defect.

 

21. Guarantee does not relate to wear and tear of Goods (or of its parts) incurred by usual using of Goods. Shorter service life of Goods can be therefore not regarded as defect and it is impossible to claim it. At Goods with lower price the guarantee does not relate to defects for which was the lower price given. If used Goods are concerned, the Seller cannot be hold responsible for mistakes corresponding to the measure of using or artrition the Goods had on receipt by Buyer. The Seller also cannot be hold responsible for mistakes they were known to the the Buyer at the time of purchase contract settlement or with respect to circumstances under which the purchase contract had been concluded, he had to know about, unless the defects concern such features of Goods that the Goods have had according to this purchase contract.

 

The guarantee does not relate to the facts hereinafter set forth:

          a) false usage of Goods or mechanical damage to Product;

          b) improper way of storage;

          c) damage in consequence of insufficient or improper maintenance of Product;

          d) destruction or damage to Product due to wrong effected installation or

              unprofessional interference with Product;

          e) natural changes of materials from which the Goods has been manufactured;

          f) using the Product in conditions that differ from recommended environment;

g) using the Product  in conditions that mismatch conditions listed in documentation  

    or universal principles;

          h) damage or destruction of Product in consequence of uncontrolled acts of God;

i) damage or destruction of Product incurred via outside influence, like e.g. excessive

   heat straining, flooding to the Product (if there is not unambiguously metioned that

   the Product is intended for the damp environment), fluctuation of supply voltage in

   local power control network, because of static electricity hit, etc.;

          j) voluntary waste of Product.

 

22. Only such Products that comply with common primary hygiene principles can to be accepted for complaint procedure. The Buyer is obligated to bring up the Goods under complaint cleaned up, without any impurities and hygienic unexceptionable. The Seller has the right to refuse taking over the complaint procedure of Goods that will not comply with the principles of common primary hygiene conditions mentioned above.

 

23. Will the Buyer apply his title to rectify defects on the sold Goods in a due form, the entrusted employee of the Seller is obliged to resolve upon complaint within 5 working days, should the case be more complicated on schedule of 30 working days. To the time period there is no inclusion of time necessary to special appreciation of the defect.

 

24. Complaint inclusive defect ablation will be executed without unnecessary delay, at the latest within 30 working days from the day of bringing up the complaint. The entrusted employee of the Seller can, in justified cases, arrange for a longer time with the Buyer. Should not be the complaint executed within 30 working days or to the end of time agreed upon, or will the Seller before elapse announce that he will not remove defects, can the Buyer withdraw from the purchase contract or require an adequate reduction in price from the purchase price.

 

25. The Buyer can lodge his claim by one of undermentioned ways:

a) in writing or in person on the address of place of business: AsisImport s.r.o., 5. května

    1779, 250 82 Úvaly city, Czech Republic;

b) in electronic way on the address info@ait-praha.cz or lapka@ait-praha.cz;

c) by telephone on issue +420 246 027 737;

d) by fax on issue +420 246 027 733.

 

26. It is the right of the Seller to require to get returned the Goods from the Buyer at the state in what it was delivered to him, namely at the addres of his place of business (see Art. 25a)).

 

27. The Buyer must document purchase of the Goods under claim by purchase document. Should the Buyer have no such document, has he to demonstrate in another trustful manner that he had purchased the Goods virtually from the Seller, otherwise the Seller shall not initiate acts needed for complaint procedure and shall regard the complaint as never initiated. 

 

28. As soon as the Buyer will apply some of the right of liability for Goods defects, e.g. right to ablation of defect or reduction in price, he is with herewith manifestation bound and cannot change his option demand any more unless he comes to an agreement with the entrusted person otherwise.

 

29. The Buyer can make inquiries about the state of complaint procedure through contacts stated in the Art. 25.

 

30. As removable defects are considered such deficiencis that can be removed without sustaining in appearance, function or quality of Goods.

 

31. As  irremovable defects are considered such deficiencies that cannot be removed or the removal of them is not purposeful taking into account all decisive circumstances obstucting the Goods to be used like flawless Goods.

 

32. The defect caused by unprofessional assembly or another unprofessional bringing it into running will be considered as defect of Goods only provided this assembly or putting in operation were stated in purchase contract and were made by the Seller or by other person on Seller responsibility. The same is valid also in the event when assembly or other putting Goods to the running were performed by the Buyer and the defect arose on the basis of wrong hints stated in the service instructions.

 

33. Have the Goods sold for lower price or Goods used some defect and the Seller is hold responsible for that defect, the Buyer has the right to get an adequate reduction in price.

 

 

34. The Buyer will acquire the property right to the Goods at the moment the Goods is taken over by him or at the moment he is qualified as an accountant entitled to dispose of the consignment unless otherwise agreed.

 

35. The risk damage to the Goods passes over to the Buyer at the moment of handing over the Goods to the first carrier for transportation to the place of destination or taking over the Goods by the Buyer on the premises of the Seller.

 

36. The Seller affirms herewith that he is an participant member of collective systems ECOBAT and EKO-KOM being active within the Czech Republic and covers appropriate charges for backward delivery of batteries as well as covers to these systems.

 

37. The part and parcel of these GTC are the instructions for buying in the section "How to buy"  and a registration form in the section "Registration".

 

38. In other points not regulated by these GTC it is to be proceeded according to the appropriate provisions of Commercial Code.

 

39. These GTC take effect on the 6^th  June 2010 and are valid until further notice.