Terms and Conditions of Sittardia s.r.o., ID No: 25431536, with its registered office at Rybná 24, 110 00 Praha 1, registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, Section C, Insert 18021 (hereinafter the “Sittardia s.r.o.” or “seller”), applicable to the buyer.
2. The buyer is exclusively an entrepreneur.
3. These Terms and Conditions apply to the formation and performance of all purchase contracts between the seller and the buyer.
4. The application of any other terms and conditions to which the buyer may refer in any way is hereby expressly excluded by mutual agreement.
5. The credit system means the drawing and recharging of credit via the web interface pos.sittardia.cz, where the sum of unpaid invoices must not exceed the amount of credit allowed.
6. Cancellation fee means the cost of cancelling an order during production (i.e. order execution).
7. The pos.sittardia.cz system means the online shop, i.e. the web environment where the contracting parties carry out their rights and obligations from the concluded purchase contract.
8. An order means goods sold through the pos.sittardia.cz system (by sending an order).
9. The purchase contract is concluded when the seller accepts the buyer’s order through an order summary email.
10. Customer account means information about the buyer in accordance with the relevant legislation, all orders and documents.
11. Data for the protection of personal data means name, surname, contact details, company name, ID No.
2. If the Buyer has failed to notify the defect in time, it loses the right to withdraw from the contract.
3. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the item that the item has a defect or if the buyer caused the defect itself.
4. A confirmed order may be cancelled within 16 hours of payment. The cancellation fee is set at 50% of the order price.
a) liability for installation in the broadest sense, use of products by third parties, connection of light sources, damage to property of others, damage to the rights of others – this also applies to accessories;
b) the use of the products and their durability depends on the material selected;
c) in the event of force majeure, such as interruption of energy supply, internet connection, material from the supplier, which may cause suspension of the order;
d) we do not deliver leftover scraps, original packing.
2. The buyer is obliged to check the goods for defects upon receipt. Defects relating to variations in cut, colour, etc. cannot be claimed.
3. If the buyer discovers defects in the goods, it shall complain to the seller without delay, but no later than 7 days after the handover of goods. If the buyer fails to comply with the time limit for filing a claim and the procedure set out in the previous sentence, the seller has the right to reject the claim.
4. The defect shall be rectified in accordance with the Civil Code.
5. The seller has the right to inspect the defect. For these reasons, the buyer must not tamper with the goods in any way, otherwise the seller has the right to reject the claim.
6. The buyer is entitled to make a claim for the goods only from the seller and in the manner specified in this Article.
7. The claim must contain a description of the defect and a proposal for its remedy. To assess the claim, the buyer is obliged to provide the documents required by the seller. The seller decides whether it is necessary to present the defective goods as part of the claim. The costs of transport of the claimed goods shall be paid by the seller only if the claim is rejected; evidence of the transportation costs of the claimed goods must be presented. If the buyer fails to comply with this obligation, this is grounds for rejection of the claim by the seller.
8. The seller is entitled to invite the buyer to supplement the claim, and if the buyer fails to provide the necessary information within the time limit set in the invitation, the seller has the right to reject the claim. The time limit for processing the claim is suspended between the sending of the invitation to supplement the claim and the delivery of the supplement.
9. The seller is obliged to comment on the claim within 15 days of receipt of the claim, confirmation of the claim report or any delivery of the required documents or the claimed goods; the seller is obliged to inform the buyer whether or not it accepts the claim within the same time limit.
10. In the event that the seller does not require the claimed goods to be delivered in order to assess the defect and the seller acknowledges the defect on the basis of other documents, the buyer is obliged to hand over the claimed goods to the seller for removal of the defect when the defect is acknowledged by the seller. If the buyer fails to fulfil this obligation, the seller has the right to remove the defect of the goods only after this obligation is fulfilled.
11. The actual removal of the defect of the goods (accepted claim) shall take place within 30 days after the claim acceptance notice is delivered by the seller to the buyer and the claimed goods are delivered to the seller. In the event that it will not be possible to remove a defect by exchanging the defective goods for defect-free goods, if such resolution is requested, within the period specified in the previous sentence, the seller has the right to choose another method of removal, even without prior agreement with the buyer.
12. Claims for defective goods are not a reason for non-payment of the invoice issued by the seller.
2. Goods that have not been paid for in full may not be pledged by the buyer or used in any other way as collateral in relation to third parties and it may not be resold.
3. The buyer expressly undertakes, inter alia, to provide the seller with all necessary assistance in connection with any claims arising from an insurance claim in relation to the insurance company. Each individual shipment (parcel) is automatically insured against damage up to CZK 50 000 including shipping costs. Appropriate insurance is taken out for packages that exceed this value. The price for higher insurance is set according to the corresponding amount and is charged according to the price list of the transport service.
4. If any provision of these Terms and Conditions or the Contract entered into between the Parties is found by a court to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other part of the Contract or these Terms and Conditions, but such provision shall be deemed modified to the extent necessary to make it valid and enforceable and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the maximum extent possible the intent and understanding of the Parties as embodied in these Terms and Conditions and the Contract.
2. All disputes that may arise between the Parties in connection with the Contract or these Terms and Conditions or from a breach thereof shall be finally settled by the Arbitration court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic in Prague in accordance with the rules and regulations of this Arbitration Court. The arbitration shall be decided by a panel of three arbitrators appointed in accordance with the Rules of this Arbitration Court. The arbitrators’ determination shall be final and binding on both parties.
2. By signing the quotation (order), the client confirms that it has familiarised itself with the individual parts of the Contract and these Terms and Conditions, that it agrees to them without reservation and will comply with them. The text of the Contract and these Terms and Conditions is binding.
3. These Terms and Conditions shall enter into force and effect on 1 January 2021.
GENERAL PROVISIONS AND DEFINITIONS
1. The Seller is a commercial company acting within the scope of its trade or other business activities in concluding and performing the contract. It is an entrepreneur who directly or through other entrepreneurs supplies products or services to the buyer.2. The buyer is exclusively an entrepreneur.
3. These Terms and Conditions apply to the formation and performance of all purchase contracts between the seller and the buyer.
4. The application of any other terms and conditions to which the buyer may refer in any way is hereby expressly excluded by mutual agreement.
5. The credit system means the drawing and recharging of credit via the web interface pos.sittardia.cz, where the sum of unpaid invoices must not exceed the amount of credit allowed.
6. Cancellation fee means the cost of cancelling an order during production (i.e. order execution).
7. The pos.sittardia.cz system means the online shop, i.e. the web environment where the contracting parties carry out their rights and obligations from the concluded purchase contract.
8. An order means goods sold through the pos.sittardia.cz system (by sending an order).
9. The purchase contract is concluded when the seller accepts the buyer’s order through an order summary email.
10. Customer account means information about the buyer in accordance with the relevant legislation, all orders and documents.
11. Data for the protection of personal data means name, surname, contact details, company name, ID No.
WITHDRAWAL
1. The buyer cannot withdraw from the contract or demand delivery of a new item if it cannot return the item in the same condition as it received it. This does not apply if the condition has changed as a result of an inspection to detect a defect.2. If the Buyer has failed to notify the defect in time, it loses the right to withdraw from the contract.
3. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the item that the item has a defect or if the buyer caused the defect itself.
4. A confirmed order may be cancelled within 16 hours of payment. The cancellation fee is set at 50% of the order price.
LIABILITY
1. We disclaim liability in the following cases:a) liability for installation in the broadest sense, use of products by third parties, connection of light sources, damage to property of others, damage to the rights of others – this also applies to accessories;
b) the use of the products and their durability depends on the material selected;
c) in the event of force majeure, such as interruption of energy supply, internet connection, material from the supplier, which may cause suspension of the order;
d) we do not deliver leftover scraps, original packing.
CLAIMS
1. Guarantee claims shall be made in writing or electronically at the seller’s claims department (address Zeyerova 1456, Žatec, phone: 414 113 721, email: info@pos.sittardia.cz), using the form available on the pos.sittardia.cz website.2. The buyer is obliged to check the goods for defects upon receipt. Defects relating to variations in cut, colour, etc. cannot be claimed.
3. If the buyer discovers defects in the goods, it shall complain to the seller without delay, but no later than 7 days after the handover of goods. If the buyer fails to comply with the time limit for filing a claim and the procedure set out in the previous sentence, the seller has the right to reject the claim.
4. The defect shall be rectified in accordance with the Civil Code.
5. The seller has the right to inspect the defect. For these reasons, the buyer must not tamper with the goods in any way, otherwise the seller has the right to reject the claim.
6. The buyer is entitled to make a claim for the goods only from the seller and in the manner specified in this Article.
7. The claim must contain a description of the defect and a proposal for its remedy. To assess the claim, the buyer is obliged to provide the documents required by the seller. The seller decides whether it is necessary to present the defective goods as part of the claim. The costs of transport of the claimed goods shall be paid by the seller only if the claim is rejected; evidence of the transportation costs of the claimed goods must be presented. If the buyer fails to comply with this obligation, this is grounds for rejection of the claim by the seller.
8. The seller is entitled to invite the buyer to supplement the claim, and if the buyer fails to provide the necessary information within the time limit set in the invitation, the seller has the right to reject the claim. The time limit for processing the claim is suspended between the sending of the invitation to supplement the claim and the delivery of the supplement.
9. The seller is obliged to comment on the claim within 15 days of receipt of the claim, confirmation of the claim report or any delivery of the required documents or the claimed goods; the seller is obliged to inform the buyer whether or not it accepts the claim within the same time limit.
10. In the event that the seller does not require the claimed goods to be delivered in order to assess the defect and the seller acknowledges the defect on the basis of other documents, the buyer is obliged to hand over the claimed goods to the seller for removal of the defect when the defect is acknowledged by the seller. If the buyer fails to fulfil this obligation, the seller has the right to remove the defect of the goods only after this obligation is fulfilled.
11. The actual removal of the defect of the goods (accepted claim) shall take place within 30 days after the claim acceptance notice is delivered by the seller to the buyer and the claimed goods are delivered to the seller. In the event that it will not be possible to remove a defect by exchanging the defective goods for defect-free goods, if such resolution is requested, within the period specified in the previous sentence, the seller has the right to choose another method of removal, even without prior agreement with the buyer.
12. Claims for defective goods are not a reason for non-payment of the invoice issued by the seller.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1. Title to the goods shall not pass from the seller to the buyer until the buyer has paid the full purchase price in accordance with the contract or quotation.2. Goods that have not been paid for in full may not be pledged by the buyer or used in any other way as collateral in relation to third parties and it may not be resold.
3. The buyer expressly undertakes, inter alia, to provide the seller with all necessary assistance in connection with any claims arising from an insurance claim in relation to the insurance company. Each individual shipment (parcel) is automatically insured against damage up to CZK 50 000 including shipping costs. Appropriate insurance is taken out for packages that exceed this value. The price for higher insurance is set according to the corresponding amount and is charged according to the price list of the transport service.
4. If any provision of these Terms and Conditions or the Contract entered into between the Parties is found by a court to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other part of the Contract or these Terms and Conditions, but such provision shall be deemed modified to the extent necessary to make it valid and enforceable and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the maximum extent possible the intent and understanding of the Parties as embodied in these Terms and Conditions and the Contract.
GOVERNING LAW AND ARBITRATION
1. The conclusion, validity, interpretation and performance of this Contract shall be governed by the laws of the Czech Republic.2. All disputes that may arise between the Parties in connection with the Contract or these Terms and Conditions or from a breach thereof shall be finally settled by the Arbitration court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic in Prague in accordance with the rules and regulations of this Arbitration Court. The arbitration shall be decided by a panel of three arbitrators appointed in accordance with the Rules of this Arbitration Court. The arbitrators’ determination shall be final and binding on both parties.
FINAL PROVISIONS
1. Legal acts delivered by post, courier, fax or electronic mail are considered to be delivered in writing.2. By signing the quotation (order), the client confirms that it has familiarised itself with the individual parts of the Contract and these Terms and Conditions, that it agrees to them without reservation and will comply with them. The text of the Contract and these Terms and Conditions is binding.
3. These Terms and Conditions shall enter into force and effect on 1 January 2021.