General Business Conditions
General Business Conditions
I. Basic provisions
The General Business Conditions (GBC) stipulate business relationships between the Buyer and the Seller in the field of selling goods between DISKUS, spol. s r.o. (hereinafter only "the Seller") and its business partners (hereinafter only "the Buyers")
The Seller
DISKUS, spol. s r.o.
Kunětická 2534/2
120 00 Praha 2
Czech Republic
IČO: 411 95 183
DIČ: CZ41195183
Registered in the Commercial Register at Prague Municipal Court, section C, insert 4503.
The Buyer
The end user: He/she shall present the Seller only the contact data necessary for smooth settling the order at the establishing of the business relationships or the data that he requires to be included at the purchasing documents.
Legal relationships of the Seller with the end user, which are not explicitly stipulated in these GBC, shall be governed by the respective provisions of the Act No. 40/1964 Coll., Civil Code, and corresponding regulations.
Dealer – legal relationships of the Seller with the dealer of computer technology, which are not explicitly stipulated in these GBC nor any contract between the Seller and the Buyer, shall be governed by the respective provisions of the Act No. 513/1991 Coll., Commercial Code, as amended, and corresponding regulations. Any individual contract with the Buyer has a priority over the General Business Provisions.
II. Data security and protection
The Seller represents that all personal data shall be held confidential and shall be used only for the purpose of performing the Contract with the Buyer and shall not be disclosed in any other way nor disclosed to a third party, with the exception of a situation relating to the distribution or payment contact regarding the ordered goods (communicating the name and delivery address).
III. Orders
The Buyer shall receive the goods at the price valid at the moment of placing the order. Provided that the specific goods are out of stock, the price and delivery term shall be confirmed by the Seller to the Buyer by phone/e-mail. The Seller shall be authorised to modify the prices with regard to the current market conditions and the development of CZK exchange rate in relation to the foreign currency.
The orders can be made as follows:
Through the electronic shop at www.diskus.cz
By e-mail
Personally
By fax
By phone
The received orders shall be binding and can be cancelled only after the payment of cancelling fee amounting to 10% of the price of the ordered goods.
IV. Withdrawal of the end users from the contract
The Buyer shall be entitled to withdraw from the sales contract within 14 days from the takeover of the goods in accordance with the Act No. 367/2000 amending the Civil Code, if he/she ordered the goods at different way than personally, i. e. if the contract was concluded by distant communication means. In case he/she decides to do so, he/she shall send the undamaged goods without any signs of wear and tear, and in the original packaging (if the signs of wear and tear or damage of packaging are present, the Seller will be entitled to ask the Buyer to cover the costs necessary for putting the product to the original state) together with complete accessories back within the stipulated period (the date of delivery to the Seller shall be the decisive data). The Seller shall, after having received the returned goods, refund the Buyer the corresponding amount less the freight costs, which shall be performed in the way previously agreed.
The Buyer shall not be entitled to withdraw from the contracts covering the goods as follows:
- the delivery of the goods or services, the price of which depends on the deviations of the financial market independent on the will of the Supplier,
- the delivery of the customized products or the goods designed specifically for the needs of the Buyer and the goods inclined to rapid spoilage, wear and tear or becoming obsolete or the goods coming from games or lotteries.
V. Products informationInformation
On the products in the Seller´s Internet catalogue and pricelists serve only as a guide and can vary in details from the delivered goods.
VI. Payment terms
- cash payment at purchase
- payment in advance with the bank transfer
- payment on delivery (cash shall be collected by the forwarder from the Buyer)
- invoice is paid by means of transfer order (maturity 14 days)
The goods shall stay in the exclusive possession of the Seller until it is paid in full extent.
VII. Delivery terms
- Personal collection: The goods shall by accepted only by the person authorised (empowered) by the company owner or the statutory body of the company. That person shall prove his/her identity appropriately, presenting his/her identity card or valid passport.
- Sending by the authorised forwarder : It is possible to agree on a different way of the delivery of the goods.The Buyer shall be obliged to check the condition of the consignment together with the forwarder immediately after the takeover (number of the packages, integrity of the tape with company logo, damage to the box) according to the enclosed carriage document and refuse to accept any incomplete or damaged consignment. Any incomplete or damaged consignment shall be reported immediately by e-mail or by phone and draw up the damage report with the forwarder, which shall be sent within 24 hours to the Seller by fax or e-mail. After the Buyer confirms the acceptance of the consignment in the forwarder ’s documents, any additional future claims regarding the incompleteness or damage to the consignment shall be ignored.
VIII. Warranty conditions
Warranty conditions applicable for the goods shall be governed by the Warranty Policy of the Seller.
IX. Closing provisions
The General Business Conditions shall be effective from 26.10.2005 and they shall revoke all previous provisions and commercial usage. The Seller reserves the right to modify the General Business Conditions without previous notification.