Terms and Conditions

1. General provisions

a) By placing an order, the buyer accepts the Terms and Conditions for the delivery of goods announced by the seller. The relationship between the buyer and the seller is governed by these Terms and Conditions, which are binding for both parties, unless expressly stated otherwise in the contract. These conditions further define and specify the rights and obligations of the seller (KMITEX s.r.o., company ID number 62917455) and its customers (buyers), and in their current wording, form part of the purchase agreement (for the supply of goods), or are an integral part of it.

b) If no permanent purchase agreement is concluded in writing between the parties, the seller will deliver the goods based on the customer's electronic order and specification (order delivered by email) using a form available upon the first customer registration in the online store.

2. Subject of the agreement The subject of the agreement consists solely of items explicitly stated in the purchase agreement/order (hereinafter referred to as goods). Weights, dimensions, capacity, prices, performances, and other data contained on the KMITEX s.r.o. website, catalogs, brochures, and other printed materials are non-binding unless expressly stated as binding in the contract. KMITEX s.r.o. (hereinafter the seller) undertakes to supply its customers with:

• flawless goods in accordance with the specification or the usual properties for the type of goods
• goods that comply with standards, regulations, and decrees valid in the Czech Republic and the EU
• goods equipped with Czech and English user manuals, warranty cards, and lists of post-warranty service centers, if customary for the given type of goods.

3. Place of Fulfillment

The place of fulfillment is the seller's warehouse. When goods are picked up personally, the buyer is required to present proof of full payment for the goods at the dispatch warehouse. If goods are picked up by someone other than the buyer, the person collecting the goods must show the buyer’s authorization, issued in the buyer's name, and a valid ID of the authorized person.

4. Ordering Goods, Conclusion of the Agreement

a) The validity of the electronic order requires the completion of all required details and requirements of the form. The order is considered a proposal for a purchase agreement. No formal confirmation of the order by the seller is required for the purchase agreement to be concluded; the contract is created upon the delivery of the goods. However, the seller may reserve the right to conclude the contract by confirming the order in certain cases, especially for more expensive purchases.

b) Depending on the nature of the transaction (quantity of goods, price, transportation costs, distance, etc.), the seller is always entitled to request the buyer to authorize the order in an appropriate manner, e.g., by phone or in writing. If the seller refuses to authorize the order as required, the order will be considered invalid.

c) If a long-term framework written purchase agreement has been concluded between the parties, the electronic order further specifies and concretizes the agreement and forms an integral part of it.

d) Regular customers with whom a written purchase agreement has been concluded benefit from the terms agreed upon when signing the agreement or those unilaterally offered by the seller after the agreement is concluded on the seller's website.

e) The seller reserves the right to withdraw from the concluded purchase agreement if the buyer ordered goods under this agreement whose price was clearly disproportionate to the value of the goods. The seller may withdraw from the purchase agreement only if the disproportionate price stated on the e-shop was caused unintentionally.

5. Price and Payment

The prices listed on the KMITEX s.r.o. website are valid at the time of ordering. The prices in printed price lists are valid until a new price list is issued. The seller reserves the right for printing errors and price changes due to exchange rate changes, significant inflation increases, or major changes in supplier conditions from manufacturers and other suppliers of goods. The purchase price is considered paid only when the full amount for the separate part of the delivery is credited to the seller’s current account or paid in cash at the seller’s cash register. In case of non-compliance with any payment deadlines, the buyer is required to pay the seller late payment fees at the rate of 0.1% of the overdue amount for each day of delay. The seller reserves the right of ownership of the goods until the full purchase price is paid.

The invoice issued based on the purchase agreement between the seller and the buyer is also a tax document. The goods can only be collected after full payment unless otherwise agreed.

Shipping cost aren't added to the price of the goods.

VAT Act Title III § 9 (1) (a)

A taxable supply is deemed to have been made on the sale of goods under a contract of sale on the date of delivery, in other cases, on the date of receipt or payment of the goods, whichever is earlier, unless otherwise provided by this act.

“Date of delivery of the goods” according to the Commercial Code: title II, Section 2, § 412(1)

If the seller is not obliged under the contract to deliver the goods at a particular place, delivery of the goods shall be deemed to have taken place when they are handed over to the first carrier for carriage to the buyer if the contract provides for dispatch of the goods by the seller.

6. Delivery Time

The delivery time begins to run from the day the binding order is received, provided all documents necessary for the timely processing of the delivery have been received. If the goods are in stock, the seller undertakes to dispatch them or hand them over to the carrier within 3 working days. The delivery time will be reasonably extended if the delay is caused by force majeure or circumstances not attributable to the seller.

Most of the goods are in stock. However, some manufacturers fail to report production failures or delivery delays in a timely manner. If it is an important order, the buyer will request written confirmation of the order from the seller. In the event that the ordered goods are out of stock or cannot be delivered to the carrier within 3 days, the seller will advise the estimated delivery date or offer another comparable product. In this case, however, the Buyer's approval will be required. The delivery period shall be deemed to have been met on time if the goods are ready for delivery at the place of performance no later than the last day of the agreed or subsequently agreed delivery period. If the Seller is unable to ship the goods to the Buyer (hand them over to the first carrier for transport) within 30 calendar days, the Seller shall be obliged to return without undue delay any funds spent by the Buyer on the actual order - purchase contract to the Buyer's account.

7. Shipping Conditions, Postage

Overview of possible delivery methods and their prices:

Overview of possible delivery methods and their prices: Shipping conditions apply to shipments with a maximum weight of 31.5 kg, maximum length 2m, maximum width 0.8m, and maximum height 0.6m, with a maximum girth of 3m. For other dimensions and weights, shipping charges apply according to the valid price list. The price of transport depends on the weight of packages, we will inform you according to inquiry.

Payment conditions:

The conditions are have made three cash payments or cash payments on delivery. Shipped by an external parcel carrier.

The goods can be picked up at the central warehouse KMITEX Pivovarská 97, Stehelčeves, Czech republic. You will be informed about the pick-up date by phone or e-mail.

The goods can be picked up at the branch office KMITEX Novovysočanská 537/31, 190 00 PRAGUE, Czech republic. You will be informed about the pick-up date by phone or e-mail.

The delivery time is within 3 working days after the shipment is handed over to the carrier. The buyer is obliged to take over the goods from the carrier properly, check the integrity of the packaging, the number of packages and in case of any defects immediately notify the carrier. The invoice and tax receipt are then enclosed in the marked package.

8. Warranty, Service

The warranty period begins from the day the goods are handed over to the buyer or the end user upon sale. The seller provides a warranty for quality and completeness of the delivery. The goods are supplied with a warranty of at least 24 months. If the buyer discovers any defects upon receipt of the goods, they must inform the seller in writing and by registered mail without undue delay, no later than 3 days after receipt of the goods on adress KMITEX s.r.o., Pivovarská 97, 273 42 STEHELČEVES.

The claim form must contain the date of delivery, the name of the product, the quantity claimed, a description of the defect and a proposal for settling the claim. The Seller is obliged to comment on the complaint within 10 days from the date of its receipt.

9. Withdrawal from the Agreement

9.1. Withdrawal from the agreement, meaning termination of the contractual relationship from the beginning, may occur for reasons and in the manner described in this article or other sections of the Terms and Conditions where withdrawal is explicitly stated.

9.2. If you are a consumer, i.e., a person purchasing goods outside of your business activities, you have the right to withdraw from the agreement without giving any reason within 14 days from the conclusion of the agreement or, if the goods are delivered, within 14 days from their receipt.

9.3. You may withdraw from the Contract in any demonstrable way (in particular by sending an email or letter to Our addresses listed in Our contact details).

9.4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance referred to in Section 1837 of the civil code.

9.5. The withdrawal period shall be deemed to have been observed if you send us a notice that you withdraw from the contract during the withdrawal period.

9.6. In the event of withdrawal from the contract, You are obliged to send the goods to us within 14 days of withdrawal and you shall bear the costs of returning the goods to us. You are, in turn, entitled to a refund of the shipping charge by us, but only in an amount equivalent to the cheapest method of delivery offered by us for delivery of the goods. In the event of cancellation due to a breach of the contract by us, we shall also pay the costs of returning the goods to us, but again only up to the amount of the shipping charge corresponding to the cheapest delivery method offered by Us for delivery of the goods.

9.7. In the event of withdrawal from the contract, the price will be refunded within 14 days of the effective date of withdrawal to the account from which it was credited or to the account selected by the withdrawal. However, the amount will not be refunded until We have received the goods or you have provided us with evidence that they have been sent back to Us. Please return the goods to us clean, undamaged and unused, preferably including the original packaging.

9.8. However, in the event of withdrawal from the contract, you shall be liable to us for any diminution in the value of the goods resulting from the handling of the goods in a manner other than that necessary to familiarise yourself with the nature, features and functionality of the goods, i.e. in the manner in which You would familiarise yourself with the goods in a bricks-and-mortar shop. In the event that we have not yet refunded the price to you, we shall be entitled to set off the claim for costs against your claim for reimbursement of the price.

9.9. We shall be entitled to withdraw from the contract at any time before we deliver the goods to you if there are objective reasons why the goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the goods). We may also withdraw from the Contract if it is clear that you have deliberately provided incorrect information in the Order. In the event that you are purchasing the goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the contract at any time, even without giving a reason.

10. Dispute Resolution with Consumers

10.1. We are not bound by any codes of conduct under §1826(1)(e) of the Civil Code

10.2. Consumer complaints are handled via the email address kmitex@kmitex.cz. The buyer will be informed of the resolution of the complaint via email.

10.3. Dispute resolution for consumer disputes is handled by the Czech Trade Inspection, Štěpánská 796/44, 110 00 Prague 1, ID: 000 20 869, website: http://www.coi.cz.

11. Final Provisions

These terms and capitall letters shall apply in the wording specified on the Seller's website on the date of sending the electronic order, unless otherwise agreed in writing between the parties. In the case of a permanent contractual relationship (if a framework purchase agreement is concluded in writing), the buyer has the right to withdraw from the contract if there is a substantial change in the terms and conditions after the contract is signed. If the buyer returns the order after the date on which the change of conditions occurred, he is deemed to have accepted the change. The withdrawal is effective upon delivery to the Seller, but does not apply to a shipment already delivered to the carrier. By submitting an electronic order, the Buyer accepts without reservation all provisions of the Terms and Conditions as in force on the date of the order, as well as the price of the ordered goods (including shipping and transport costs, if applicable) as stated in the price list on the website, unless otherwise demonstrably agreed in a specific case. The buyer is irrevocably bound by the order (draft purchase contract) for the period of time specified for delivery of the goods. The parties expressly agree, in accordance with § 262 paragraph 1 of the Commercial Code, that unless otherwise expressly provided for in the terms and conditions, their rights and obligations are governed by the Commercial Code, in particular § 409 et seq.

Valid from 1.1.2013

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