GENERAL TERMS AND CONDITIONS of BEMETA DESIGN s.r.o., Company ID No.: 26929074; Tax ID No.: CZ 26929074 with the registered office at Žatčany 60, postal code 664 53, Czech Republic incorporated in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 46063 Tel.: +420 544 224 338 Fax: +420 544 213 040 E-mail: info@bemeta.cz Bank details: SBERBANK CZ a.s., Account No.: 4200027724/6800 (hereinafter referred to as the Seller ) I. General Provisions 1. The Seller is a commercial company engaged in the manufacture and sale of bathroom accessories, water taps and other bathroom equipment (hereinafter referred to as Goods ). 2. These General Terms and Conditions of the Seller (hereinafter referred to as the Terms and Conditions ) govern the rights and obligations of the Seller and the buyer in the delivery of goods and services (hereinafter referred to as Goods ) by the Seller on the basis of the buyer s order. The Seller offers Goods through the Catalogue, which is also published on the Seller s website www.bemeta.cz. 3. All relations between the Seller and the buyer not governed by these Terms and Conditions shall be governed by applicable laws and regulations in force in the territory of the Czech Republic, in particular Act No. 89/2012, the Civil Code. If the buyer is a consumer within the meaning of Section 419 of the Civil Code in conjunction with the provisions of Section 2 (1) (a) of the Act on Consumer Protection, i.e. if it is a customer concluding the agreement with an entrepreneur or otherwise dealing with an entrepreneur outside his/her business activities or outside the independent performance of his/her profession, then relations not regulated by these Terms and Conditions shall be governed by the relevant provisions of Act No. 89/2012, the Civil Code (hereinafter referred to as the CC ) and Act No. 634/1992, on consumer protection (hereinafter referred to as the ACP ). 4. These Terms and Conditions are binding upon all buyers. These Terms and Conditions shall enter into force on the date of their publication on the Seller s website (www.bemeta.cz). The Seller reserves the right to modify these Terms and Conditions. II. Ordering Goods 1. The Purchase Order shall be made by the buyer in writing and sent to the Seller by post, e- mail or fax to the Seller s contact address provided in the heading of these Terms and Conditions, in the Catalogue or on the Company s website, or by order via the e-shop on the Seller s website at www.bemeta.cz. By sending the order, the customer agrees to these General Business Terms and Conditions in the wording valid on the day of placing the order. Page 1 out of 5
2. The order must include the buyer s and Seller s name, the name and exact code of the Goods according to the Catalogue, the number of pieces, the name and surname of the authorized person who made the order on behalf of the buyer and his/her signature (except for orders made via e-mail). 3. The Seller shall confirm the order within 24 hours of its receipt on working days; if the order is delivered on Saturday, Sunday or a public holiday, the order will be confirmed within 24 hours from 8.00 a.m. on the next business day. The agreement is concluded between the parties only when the order is confirmed. These Terms and Conditions form an integral part of the concluded agreement and by concluding the agreement they become binding upon the buyer. III. Conditions of the Delivery of Goods 1. The Seller agrees to deliver the ordered Goods to the buyer s registered office or residence, or elsewhere, if so stated in the order, and the buyer undertakes to take over the ordered Goods and pay the agreed purchase price. 2. The Seller shall deliver Goods to the buyer by post or other courier service. Transport costs shall be borne by the buyer. 3. The Seller undertakes to deliver the ordered Goods within 48 hours from confirmation of the order. If unable to meet the specified shipping date, the Seller undertakes to inform the buyer about this and at the same time inform him/her about the new shipping date. The Seller is not liable for the delivery delay caused by the carrier. 4. The ownership right to Goods is transferred to the buyer by paying the full purchase price. 5. The risk of damage to Goods passes to the buyer at the moment of handing over Goods to the buyer or first carrier, whichever comes first. IV. Purchase Price 1. The purchase price for Goods is governed by the current price list of the Seller (hereinafter referred to as the Price List ), which is published on the Seller s website www.bemeta.cz. Upon request, the Seller will send the buyer a valid price list in printed or electronic form. In the event of a discrepancy between a price stated in the Price List posted on the Seller s website and the Price List sent in printed form, the prices listed in the Price List on the Seller s website shall apply. 2. Shipping and transport costs will be added to the price determined in the previous paragraphs. 3. Any discounts and promotions are published by the Seller via the newsletter (also located on www.bemeta.cz) or on the Seller s website. V. Purchase Price Maturity 1. The tax document in duplicate shall be sent by the Seller to the buyer separately or together with the consignment. After receiving the invoice, the buyer is required to check the purchase price immediately on the tax document. Possible objections to the purchase price must be made no later than three days after receipt of the tax document. 2. The tax document also serves as a delivery note. The buyer is obliged to sign the invoice delivery note and thereby confirm the takeover of Goods, a signed copy of the invoice shall be returned to the Seller by the buyer. Page 2 out of 5
3. The purchase price shall be payable either in advance by bank transfer or by cash on delivery to the carrier upon delivery of the Goods. Before paying the purchase price, the Seller is not obliged to deliver Goods to the buyer. 4. The form of payment is chosen by the buyer; if he/she chooses to pay by bank transfer, the Seller will send him/her an advance invoice using one of the ways of sending the order. In this case, delivery times are calculated from the date the entire purchase price, including VAT, transport and shipping costs, is credited to the Seller s account. VI. Complaints and Guarantee of Goods The manner and the basic conditions of claiming for defective Goods and exercising the rights arising from the guarantee for the quality of Goods are governed by the provisions of the CC and ACP, and also by the Seller s Complaint Rules, which form an integral part of these Terms and Conditions and form an integral part of the purchase agreement concluded between the Seller and the buyer. The Complaint Rules are published on the Seller s website www.bemeta.cz. VII. Consumer Right to Withdraw from the Agreement 1. If the agreement is concluded by means of remote communication (e.g. by e-shop), the buyer, if it is a consumer, has the right to withdraw from the agreement within 14 days in accordance with Section 1829 of the CC. The withdrawal period starts from the day the agreement is concluded and, in the case of a) a purchase agreement, from the date of receipt of Goods; b) an agreement the subject of which is several types of Goods or the supply of several parts, from the date of the last delivery of Goods; or c) an agreement the subject of which is the regular, repeated supply of Goods, from the date of the first delivery of Goods. 2. If the consumer has not been informed of the right to withdraw from the agreement in accordance with Section 1820 (1) (f), the consumer may withdraw from the agreement within one year and fourteen days from the start of the withdrawal period referred to in paragraph 1. However, if the consumer has been informed of the right to withdraw from the agreement within this period, the withdrawal period of 14 days shall start from the date on which the consumer received the information. 3. The consumer may not withdraw from the agreement a) on the provision of services if they were performed with his/her prior explicit consent before the expiry of the withdrawal period and the entrepreneur had informed the consumer before concluding the agreement that in such case he/she is not entitled to withdraw from the agreement; b) on the supply of Goods or services, the cost of which depends on financial market disparities independent of the will of the entrepreneur and which may occur during the withdrawal period; c) on the supply of Goods which has been modified according to the consumer s wishes or for himself/herself; d) on the supply of rapidly perishable Goods and Goods which have been irreversibly mixed with other Goods after delivery; Page 3 out of 5
e) on repairs or maintenance carried out at a place designated by the consumer at his/her request; this does not apply in the case of the subsequent execution of nonrequested repairs or delivery of non-requested spare parts; f) on the supply of Goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons; g) and for other reasons provided by the law or other legal regulations. VIII. These Terms and Conditions are valid as long as they are posted on the Seller s website and for the transactions that have been made under the Terms and Conditions. IX. 1. The Parties agree to resolve any disputes arising from their contractual relationship by agreement. 2. In the event that a consumer dispute arises between the Seller and a consumer from a purchase agreement or a service provision agreement that cannot be resolved by mutual agreement, the consumer may file a petition for extrajudicial resolution of such a dispute to the designated authority for extrajudicial resolution of consumer disputes which is Czech Trade Inspection Authority General Inspectorate ADR Department Štěpánská 15 120 00 Prague 2 E-Mail: adr@coi.cz Web: adr.coi.cz Website: http://www.coi.cz 3. Consumers can also use the platform for on-line dispute resolution which has been established by the European Commission at http://ec.europa.eu/consumers/odr/. 4. If the Parties fail to reach an agreement, the Parties agree that all relationships and any disputes that arise from a contract shall be resolved exclusively under the laws of the Czech Republic and shall be decided by the competent courts of the Czech Republic. X. Personal Data Protection 1. The protection of the personal data of a Buyer who is a natural person is ensured by Act no. 101/2000, on Personal Data Protection, as amended. 2. The Buyer agrees to the processing of the following personal data: first and last name, address of residence, identification number, tax identification number, e-mail address, phone number, favourite reading material, purchase information - buying habits (hereinafter collectively referred to as "personal data"). 3. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising rights and obligations under the purchase agreement and for the purposes of maintaining their user account. Unless the Buyer chooses otherwise, they agree to the processing of personal data by the Seller also for the purposes of sending information and commercial messages to the Buyer. Consent to the processing of personal data in the full extent under this Article is not a condition which would in itself prevent the conclusion of the Purchase Agreement. Page 4 out of 5
4. The Buyer acknowledges that they must provide their correct and true personal data (during registration, in their user account, when ordering through the Store Web Interface) and that they are obliged to inform the Seller about any change in their personal data without undue delay. 5. The Seller may authorise a third party to process the personal data of the Buyer in the position of a data processor. Except for persons transporting the goods, personal data will not be forwarded to third parties by the Seller without the prior consent of the Buyer. 6. Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner. 7. The Buyer confirms that the personal data provided is accurate and that the Buyer has been advised that the provision of personal data is voluntary. 8. In the event that the Buyer believes that the Seller or the data processor (Art. X.5.) is processing the Buyer's personal data in a manner that is inconsistent with the protection of the Buyer's private and personal life, or with the law, especially if their personal data are inaccurate with regard to the purpose of their processing, the Buyer may: a) Ask the Seller or the data processor for an explanation; b) Demand that the Seller or the data processor remedy the situation. 9. If the Buyer requests information regarding the processing of their personal data, the Seller is required to provide such information. The Seller has the right to require reasonable compensation to provide information pursuant to the preceding sentence, not exceeding the necessary costs of providing the information. 10. The Buyer agrees to receive information related to the goods, services or the Seller's business at the Buyer's e-mail address and agrees to receive commercial messages from the Seller at the Buyer's e-mail address. 11. The Buyer agrees to the storage of so-called cookies on their computer. If the purchase at the website can be made and the Seller's obligations arising from the Purchase Agreement can be fulfilled without storing so-called cookies on the Buyer's computer, the Buyer may revoke the consent under the preceding sentence at any time. 12. Documents may be served to the Buyer at the Buyer's e-mail address. XI. 1. Legal issues not expressly regulated by these Terms and Conditions shall be governed by the laws of the Czech Republic. 2. These General Terms and Conditions become effective as of 15 January 2018. BEMETA DESIGN s.r.o. Page 5 out of 5