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Terms of trade

B U S I N E S S   T E R M S   A N D   C O N D I T I O N S

 

 I.               Preamble

 

  1. These Business Terms and Conditions shall apply to all contractual relationships entered into on the online stores of the company MEXICALI s.r.o., Company ID No.27886425, registered seat Kovářská 939/4 and the company Front Line s.r.o., Company ID No.25115308 registered seat KOvářská 939/4(hereinafter the Seller) where both the private persons - consumers, and business persons - legal entities and natural persons - may purchase. The individual online stores are operated by the said companies individually, as hereinafter specified.

 

  1. E-shop - www.hot-shop.cz is intended exclusively for non-business persons - hereinafter the Consumer, and the Seller is the company MEXICALI s.r.o.
  2. 3.     E-shop - www.front-line.cz is intended exclusively for business persons who purchase for their further business purposes - hereinafter the Buyer, and the Seller is the company Front Line s.r.o.

 

  1. These Business Terms and Conditions are based on the Czech legal system, namely on the Civil Code, Act No. 89/2012 Coll., as amended (hereinafter the Civil Code) and are binding for all parties entering into a contractual relationship via the above mentioned online stores.

 

 

  1. II.            General Provisions

 

  1. By issuing a purchase order, both the Consumer and the Buyer confirm to agree to these Business Terms and Conditions. The Consumer and the Buyer confirm to have duly studied the Business Terms and Conditions and to respect them and to observe them after entering into and while performing the contractual relationship.

 

 

  1. III.         Subject and Place of Contract Performance

 

  1. The Subject of the Contract is the goods offered in the Seller´s online stores which the Consumer or the Buyer states in their internet order. Based on the type of goods, the Consumer and/or the Buyer shall state the quantity of the goods in pieces, as a weight, as the size of packages or number of packages. The Consumer and/or the Buyer is obligated to fill-in all the prescribed requirements in the internet order. The subject of the relevant Contract shall be only the goods as specified in the internet order.
  2. The Subject of the Contract, i.e. the selected goods may be collected in person at the Seller´s store located at: Czech Republic, Prague 9, Vysočany, Kovářská 4, or they will be delivered to the address shown in the internet order.

 

 

 

  1. IV.          Order of Goods, Contract Conclusion by the Consumer, Price and Delivery

 

  1. By posting the goods on the internet sites of the online store, the Seller makes an offer towards the Consumer to conclude a Purchase Contract. By sending the internet order to the Seller, the Consumer accepts these Business Terms and Conditions and enters into a Purchase Contract to the extent of the order. The Seller shall confirm conclusion of the Purchase Contract via an email confirmation.
  2. The goods are usually delivered within 48 hours following order confirmation. The Consumer shall determine whether he requires the goods to be delivered to a specific address. The goods are delivered by Czech post or by the shipment service PPL and/or another shipment service if the Consumer requires such a method of delivery. The packaging fees and postage fees in the amount based on the volume of the delivered goods shall be added to the price of the goods as indicated in the online store. In this case, the price shall be paid upon delivery of the goods - so-called cash on delivery, or via the internet banking (I do not know how this will be arranged in the online store, if this is possible or customary)
  3. The Consumer may collect the goods also at the Seller´s shop in person against a cash payment. If the Consumer orders the goods in advance upon a purchase order, he has to do so within ..... days following the order confirmation. In this event, regardless of the preceding provision of these General Business Terms and Conditions, the Contract is deemed to be concluded at the moment of collection of the goods at the Seller´s shop.
  4. The Seller is not obligated to deliver the goods until the price of the goods is paid.

 

 

 

  1. V.             Termination of the Contract by the Consumer and Claim for Defects

 

  1. The Consumer to whom the goods are delivered on the basis of an internet order is entitled to terminate the Purchase Contract entered into within 14 days following the acceptance of the goods.  In this event, the Consumer is obligated to immediately fill-in the termination of the Contract on internet and send it to the Seller. At the same time, the Consumer is obligated to return the goods to the Seller´s address from which they were shipped. If the goods are devalued in any way as a result of the Consumer´s handling and/or delay with the return of the goods, the Seller is not obligated to refund the purchase price to the extent of such devaluation.
  2. The sample instructions on termination of the Contract and the forms for termination of the Contract entered into on a distant basis, i.e. on the basis of internet order and delivery of the goods - are governed by the Act No. 363/2013 Coll.:
  1. 1.    termination of the Contract within 14 days after acceptance of the goods and this period starts on the day following after the day of the receipt of the goods by the Consumer. The Consumer shall state the date of receipt of the goods in the notice of termination of the Contract. If more kinds of goods have been delivered gradually, the date of receipt shall be the date of receipt of the last delivery. Termination of the Contract is possible without giving a reason,
  2. 2.    the Consumer shall send the notice of termination to the email address or by post to the Seller´s seat. The Consumer shall state his name, surname, address (unless the Consumer has an email address), the email address,
  3. 3.    the purchase price within the meaning of these Business Terms and Conditions will be returned including the postage fees in the amount of the cheapest available postage fee without undue delay following the delivery of the returned goods to the Seller. The purchase price will be returned in the same way in which the payment for the goods was made.  The Consumer will not incur any expenses.
  4. 4.    The Seller does not collect the returned goods in person. The purchased goods have to be returned within 14 days following the termination of the Contract. This shall mean the dispatch of the notice of termination of the Contract by any of the operators of post services, or the dispatch by email. The goods may be returned by the operator of post services or in person to the shop located at the address: Czech Republic, Prague 9, Vysočany, Kovářská 4. The Consumer is responsible for the costs associated with the return of the goods.
  5. 5.    The Consumer may not terminate the Contract if foods and/or beverages are supplied and delivered to the Consumer´s household or to the determined address.
  6. C.   The Consumer who concludes the Purchase Contract on the Seller´s business premises (see

clause IV/3) is not entitled to terminate the Contract after having received the goods.

  1. D.   1.  The Seller undertakes that the supplied goods have the expected quality, are in conformity with the description shown on the packaging and will maintain this quality throughout the minimum shelf life as shown on the packaging. The minimum shelf life has to be more than the date of delivery of the goods. This shall not apply if the price of the goods has been reduced due to the expiring shelf life and this fact has been clearly marked.
    1. The Consumer is obligated to claim any defects without delay after he has received the goods in the agreed manner and he has to do so in writing to the Seller´s address, or in the form of an email message. The claim shall contain the defects on the goods claimed and the date of receipt of the goods.
    2. If the claim is justified, the Seller is obligated to supply additional quantity of goods if the claim is related to a lower quantity of goods or failure to supply the agreed goods, and if different goods were supplied than agreed, the Consumer is obligated to return them without delay together with the claim. If there is any defect on the supplied goods, the Seller shall substitute such goods with defect-free goods. In this case, the Consumer has to claim the goods duly and without delay, and return the goods in the manner described herein. If the claim is justified, the Consumer shall be entitled to the refund of the costs associated with the enforcement of the right resulting from the liability for defects. Only if the supply of additional goods or replacement of the goods if impossible, the Seller shall refund to the Consumer the price of the goods paid by the Consumer.
    3. If the claim is not justified, the returned goods will be sent by the Seller at the Consumer´s costs and without delay back to the address to which the goods were delivered to the Consumer.
    4. The rights resulting from the liability for defects have to be enforced till the shelf life expiration date at the latest (this applies in particular to goods and beverages), and in any way no later than 24 months following the receipt of the goods by the Consumer.

 

  1. VI.          Order of Goods, Contract Conclusion by the Buyer, Price and Delivery

 

  1. By posting the goods on the internet sites of the online store, the Seller makes an offer towards the Buyer to conclude a Purchase Contract. The Purchase Contract between the Seller and the Buyer shall be concluded in the following manner:

The Buyer shall send the draft contract - purchase order, stating (for a legal entity) the business name, Company ID No. and registered seat address, the place where the goods shall be delivered to, including the statutory representative and his/her name. For a natural person, the Buyer shall give the name, surname, Identification number and business address and the place where the goods shall be delivered to. In addition, the Buyer shall give the mailing address if it is different from the registered seat and/or the business address. Alternatively, the Buyer may state to receive the goods at the Seller´s address given hereinafter. In addition, the Buyer shall give the number of his/her/its business account. Next, the Buyer shall state the kind and quantity of goods he/she/it intends to buy. The Purchase Contract itself is concluded at the moment the Seller´s order confirmation arrives to the Buyer´s email address. Each purchase order is irrevocable.

  1. If the Buyer requires delivery of the goods to the specified address, the Seller shall arrange for transportation - either by hiring a shipping company, or by using own transportation. If a shipping company is used, the Seller has fulfilled the duty to supply the goods upon consignment of the goods to the shipping company. The shipping fees are paid separately (are included in the price).
  2. As a rule, the Seller is obligated to deliver the agreed goods within ... days following the payment of the purchase price of the goods. The purchase price has to be paid before the delivery of the goods to the Buyer to the Seller´s bank account shown in the online store (against invoice - ??? by card via internet), or in cash against an accounting document upon delivery of the goods to the Buyer. The Buyer shall state the method of payment in the purchase order. If the cash payment is stated as the method of payment, the Seller shall deliver the goods within the given period which starts after conclusion of the Contract.
  3. The Seller is not obligated to deliver the goods until the price of the goods is paid.
  4. The Buyer may also collect the agreed goods at the shop at the address: Czech Republic, Prague 9, Vysočany, Kovářská 4, or at the Seller´s warehouses located at the addresses:...........
  5. Packaging - I do not know your situation at all - if certain goods are delivered in returnable packagings, on pallets, how the packagings are treated, prices, advance payments, etc., or whether you use non-returnable packagings, how the packaging fees are charged, etc.

 

 

 

 

 

  1. VII.       Termination of the Contract by the Buyer and Claim for Defects

 

  1. The Buyer is entitled to terminate the Contract only for the reasons stated herein, or for statutory reasons. The reasons stated in the Business Terms and Conditions are:

a)     serious violation of the Purchase Contract consisting in the delivery of the goods with a delay of over one month after the delivery time as stated in these Business Terms and Conditions (see clause VI/2,3). The Parties may also agree on termination of the Contract of Purchase.

  1. The Seller undertakes that the supplied goods have the expected quality, are in conformity with the description shown on the packaging and will maintain this quality throughout the minimum shelf life as shown on the packaging (this shall apply in particular to foods and beverages). The minimum shelf life has to be more than the delivery date by at least .... days, months, etc. This shall not apply if the price of the goods has been reduced due to the expiring shelf life and this fact has been clearly marked.
  2. The Buyer is obligated to claim any defects without delay after he has received the goods in the agreed manner and he has to do so in writing to the Seller´s address, or in the form of an email message. The claim shall contain the defects on the goods claimed.
  3. If the claim is justified, the Seller is obligated to supply additional quantity of goods if the claim is related to a lower quantity of goods or failure to supply the agreed goods, and if different goods were supplied than agreed, the Buyer is obligated to return them without delay together with the claim. If there is any defect on the supplied goods, the Seller shall substitute such goods with defect-free goods. In this case, the Buyer has to claim the goods duly and without delay, and return the goods in the manner described herein. If the claim is justified, the Buyer shall be entitled to the refund of the costs associated with the enforcement of the right resulting from the liability for defects. Only if the supply of additional goods or replacement of the goods if impossible, the Seller shall refund to the Buyer the price of the goods paid by the Buyer
  4. If the claim is not justified, the returned goods will be sent by the Seller at the Buyer´s costs and without delay back to the address to which the goods were delivered to the Buyer. If the goods were received in person, they shall be sent to the registered seat address or to the business address.
  5. The rights resulting from the liability for defects have to be enforced till the shelf life expiration date at the latest, and in any way no later than 24 months following the receipt of the goods by the Buyer
  6. The Parties may draw a written protocol on the claim and agree on the conditions of the claim process and elimination of defects at their own discretion.
  7. The Seller shall handle the justified claim without undue delay, but no later than .... days after the claim has been enforced. If the defective goods are replaced or if the goods were confused, the time limit to handle the claim shall start on the date of delivery of the defective goods sent by the Buyer to the Seller to the address from which the goods were sent to the Buyer, or where the Goods were received by the Buyer. If the Seller does not acknowledge the claim, the Seller shall give to the Buyer the reasons in writing without undue delay by email or to the address given by the Buyer as the mailing address. If the goods were returned, the Seller shall send them again to the Buyer in the same manner. If the claim is not justified, the associated costs shall be paid by the Buyer. If the claim is justified, the costs of return of the goods shall be paid by the Seller.

 

 

 

 

  1. VIII.    Final Provisions

 

 

  1. The contractual relations entered into on the basis of these Business Terms and Conditions are on principle governed by the Czech legal system, even if the Purchase Contract has been concluded with a foreign partner. The same shall apply to any disputes, if they arise. The Seller, the Consumer and the Buyer undertake to make every effort to settle any problems and disputes amicably
  2. The court of competent jurisdiction for any dispute that may not be settled amicably shall be the Seller´s general court which shall be the District Court for Prague 9 for both the Purchase Contracts concluded with the Consumer and those concluded with the Buyer as the registered seat of the companies MEXICALA s.r.o. and Front Line s.r.o. is the same.
  3. If the goods delivered on the basis of the Purchase Contract concluded pursuant to these Business Terms and Conditions are not received by the Consumer, the Consumer shall be obligated to pay any costs incurred by the Seller as a result of the delivery of the goods. This shall include in particular the transportation fees, packaging fees, and, in addition, the Consumer is obligated to pay the handling fee of CZK 500.
  4. If the goods delivered on the basis of the Purchase Contract concluded pursuant to these Business Terms and Conditions are not received by the Buyer, the Buyer shall be obligated to pay any costs incurred by the Seller as a result of the delivery of the goods. This shall include in particular the transportation fees, packaging fees, and, in addition, the Buyer is obligated to pay a handling fee of 0.5 per cent of the price of the delivered goods. (It might also be 1 per cent or, on the contrary, less, I do not know what the volume of such purchase orders usually is).
  5. The Seller is obligated to supply goods of good quality and clearly mark all the data as required by the Czech legal regulations in force.
  6. Any legal acts ensuing from these Business Terms and Conditions shall be made on the forms as defined by the Seller and maintained in the relevant online store (if you want to have them prepared and installed in the online store, this is possible and I personally recommend that).
  7. Buyer / Consumer agrees that the personal data they provide in the individual purchase will be used for the purpose of selling and purchasing the goods. He explicitly agrees that the information he has provided is processed by the online shoppers listed in the Preamble of these Terms and Conditions in a lawful way to provide information about the goods offered, seller services until the consumer / buyer recalls. The Consumer / Buyer acknowledges and is aware that the provision of personal data is entirely voluntary. The Consumer / Buyer may at any time withdraw his / her consent with immediate effect. The handling of personal data of the consumer or purchaser thus obtained is governed by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended. Personal information will be protected against misuse. The buyer / consumer has the right at any time to see how his / her personal data is dealt with at the addresses given in Article I - Preamble of these Business Terms and, in the event of dissatisfaction, may withdraw his / her consent and / contact the Office for Personal Data Protection.

Praha

Mexicali mercado

Kovářská 939/4
190 00 Praha 9 - Libeň

Brno

Sklad Modřice

Masarykova 118, Areál CHAPEL
664 42 Brno - Modřice