General commercial terms

BUSINESS TERMS AND CONDITIONS

1. GENERAL PROVISIONS

a) By placing an order the Buyer accepts the Business terms and conditions for the delivery of goods announced by the Seller. The relations between the Buyer and the Seller are regulated by these Business terms and conditions, which are binding for both parties, unless otherwise stipulated herein. The Business terms and conditions define more closely and specify the rights and obligations of the Seller and its customers (Buyers), and its current wording forms the content of the Sales Contract (Contract for the Delivery of Goods), i.e. forms its integral part.

b) Unless a written permanent Sales Contract is agreed to between the parties, the Seller shall deliver the goods based upon an electronic order and specifications made by the customer (the order will be delivered by means of an electronic mail) stated on a form that he/she shall receive immediately after the purchase in the internet shop.

2. SUBJECT MATTER OF THE CONTRACT

The subject matter is created solely by items explicitly stated in the Sales Contract order (hereinafter referred to as the goods). Information concerning weights, dimensions, prices and all other information presented on www.keramika-ullman.com as well as on printed matters are not considered binding data unless they were expressly stated to be binding in the Contract. The owner (hereinafter referred to as the Seller) undertakes to deliver to the customers: goods free from any defects in accordance with the specifications or with the qualities typical for the given kind of goods which comply with regulations and directives effective in the territory of the Czech Republic, which have been issued a Declaration of Conformity in case it is usual for the given kind of goods, and which are furnished with Czech instruction manuals, certificates of warranty and a list of post warranty service providers in case it is usual for the given kind of goods.

3. PLACE OF PERFORMANCE

The place of performance shall be the place of accepting the goods. The Seller shall determine such a place.

4. CONTRACT ORDER AND CONCLUSION

a) Filling in all data and information specified in the form is a prerequisite for validating the electronic order. A phone number is required, as it is necessary to obtain contact information for the delivery company. The order represents a draft contract. To conclude the Sales Contract, no formal confirmation of the order on the part of the Seller is necessary, the legal existence of the contract begins upon the delivery of goods. In individual cases, especially in case of higher-priced goods the Seller may reserve its right to confirm the order before the Contract comes into being.

b) Depending upon the type of trade (quantity of goods, price, cost of delivery, distance, etc.), the Seller may additionally ask the Buyer to provide a written confirmation including his/her own signature on a special form, or a deposit. In case the Buyer refuses to confirm the order according to the requirements, the order is considered invalid.

c) If the parties conclude a written long-term Framework Sales Agreement, the electronic order constitutes a further specification and concretization as well as an integral part thereof.

5. PRICE AND PAYMENT

The bid prices published on www.keramika-ullman.com become effective at the moment an order is placed. The prices stated in the printed price list remain valid until a new price list is issued. The Seller reserves its right to commit clerical errors and to change prices in case of changes in the currency rates, significant increase of inflation or significant changes in delivery terms on the part of producers and other goods suppliers. The Seller must announce the price change to the Buyer and require his/her agreement on the new price. Without this agreement, the Contract is invalid. The purchase price is considered reimbursed only when the full purchase price for single delivery is credited to the current account of the Seller or when it is reimbursed in cash to the carrier. The Seller reserves its proprietary rights to the goods until the purchase price is fully reimbursed.

An invoice issued pursuant to the Sales Contract concluded between the Seller and the Buyer also serves as a tax document. A receipt certifying sales of goods for cash issued by the carrier can also serve as a tax document.

Pursuant to the Sales Contract, the taxable supply is considered fulfilled upon the day of the delivery of goods, or, in other cases, upon the day the goods are accepted, or upon payment, whichever day precedes the other, unless otherwise stated in the law.

The Commercial Code defines ‘the day of delivery of goods' as follows: If pursuant to the Contract, the Seller is not obliged to deliver the goods to a certain place, then the delivery of goods is realized by their being handed over to the first carrier, which shall deliver the goods to the Buyer, provided that the Contract stipulates the dispatch of the goods by the Seller. Here the carrier hands the goods over to the Buyer and the Buyer pays for those goods.

6. TIME OF DELIVERY

The time of delivery starts on the day the binding order is accepted, on condition that all the necessary data for a timely order fulfillment was provided. If the goods are available in stock, the Buyer undertakes to dispatch the goods or hand them over to the carrier within 2 - 5 working days. The time of delivery shall be prolonged in a manner appropriate to the circumstances, in case the delay is a result of vis major or circumstances not caused by the Seller.

In case of an important order, the Buyer shall ask the Seller to provide written confirmation of the order. If the goods are not available in stock or are not deliverable by the carrier within 5 days, the Seller shall announce the expected time of delivery to the Buyer. The time of delivery is considered fulfilled in a timely manner if the goods are prepared at the place of handover performance no later than the last day of the agreed or additionally agreed time of delivery. Some kinds of goods require a time of delivery of 14 to 30 days. If the Seller is not able to deliver the goods neither in the additionally agreed time, he/she shall propose to the Buyer an alternative type of goods. If no agreement on alternative goods is reached, the Seller may, with the agreement of the Buyer, cancel the order. If the order or one of its parts, which has already been deposited in the bank account of the Seller, is cancelled, the Seller undertakes to return the total amount for undelivered goods without delay to the bank account of the Buyer.

7. TRANSPORT TERMS

The consignments shall be dispatched by the PPL or ČP transport company (unless otherwise agreed). Transportation across the Czech Republic is provided free of charge if the order price is higher than Eur  5.000,-

 The Buyer is obliged to accept the goods from the carrier in due manner, check that the packaging is intact, check the number of packages and in case of any defects, note these defects on the transport document and announce them without delay in a written form to the supplier. In case of cash on delivery, the driver of the carrier is entitled to accept the cash and shall confirm it on the transport document. An invoice and a tax document will be enclosed inside the labelled package.

8. GUARANTEE, SERVICE

The guarantee period starts on the day the goods are handed over to the Buyer or to the final user. The Seller provides guarantee for the quality and integrity of the delivery. The goods shall be delivered with a 24-month guarantee. If any defects are found upon accepting the goods, inform us about it without any delay, no later than 3 days after accepting the goods. Call us at: +420 602 456 783 or inform us by email at: info@keramika-ullman.com. We shall suggest the most advantageous solution.

The Seller is obliged to respond to any claims within 30 days after accepting the goods. The customer must present a receipt certifying a cash transaction, or an invoice, which represents the certificate of guarantee.

In case of using a delivery service, it is important to note that some certificates of guarantee do not contain data concerning the date of sale and a stamp. In case the goods are undamaged, you shall receive a prepaid envelope, free of charge, for sending us your certificate of guarantee, which shall be confirmed and sent back to you.

9. FINAL PROVISION

These business terms and conditions are valid in the wording published on the web pages of the Seller on the day of the electronic order dispatch, on condition that no other written provision is stipulated between the parties. By sending the electronic order, the Buyer accepts without reservation all provisions of the Business terms and conditions in the wording applicable on the day of the order dispatch as well as to the price for the ordered goods valid on the day of the order dispatch (including relevant dispatch and transportation costs) published on the internet price list, unless otherwise demonstrably agreed in a specific case. The Buyer is irrevocably bound by the dispatched order (Sales Contract Draft) during the time of delivery of the goods.

10. DECLARATION

Keramika - Ullman hereby undertakes not to sell, or provide the entrusted data to any third party, nor use personal data for commercial offers, which are irrelevant to Keramika - Ullman without prior agreement of the data owners.

11. ANNEX

Pursuant to the Civil Coded amendment, the Buyer is entitled to return the goods within 14 days after concluding the Sales Contract, under the following conditions:

The goods must be delivered to our sales premises under the given term. The costs are to be paid by the Buyer.

The goods must be packed in their original, undamaged packaging, and must not show any signs of use.