GENERAL BUSINESS TERMS AND CONDITIONS of VASCOM d.o.o.

GENERAL BUSINESS TERMS AND CONDITIONS of VASCOM d.o.o.

(Hereinafter referred to as “GTC” or “General Terms” in the text.)

Concluded in accordance with Law No. 89/2012 Coll., the Civil Code, as follows:

1. Definitions
2. Introductory provisions
3. Sales contract
4. Service e-shop rules and conditions.
5. Delivery of goods
6. Seller’s data processing
7. Liability for defects and damages (complaints, termination of sales contracts, etc.)
8. Payment terms
9. Final provisions

1. Definitions

1.1.
Bank transfer is the payment of the purchase price to the account specified on the invoice issued by the seller.
1.2.
The online store, also known as an e-shop, is an application operated by the seller on the www.malfini.com domain, which the seller uses to offer and sell their products to unspecified individuals.
1.3.
The purchase price is the price of the goods as specified in the Sales Agreement.
1.4.
The sales contract is the customer’s order confirmed by the seller. The seller confirms the order in accordance with Article 3.1. General Terms and Conditions.
1.5.
The customer is a business entity purchasing goods from the seller in the scope of their business activity related to those products and services. The relationship between the seller and the customer is determined by the General Terms and Conditions to the extent they are included, in accordance with Law No. 89/2012 Coll., the Civil Code.
1.6.
An order is an offer that replaces a partial sales contract, which (i) The customer sends to the seller through their online store. (ii) The customer sends to the seller via email or fax, specifying the goods in the subject of the Sales Agreement and the terms of purchasing the goods.
1.7.
The framework of the Sales Agreement is the Sales Agreement between the customer and the seller through the e-shop service, email, and fax, or concluded in person, which regulates the mutual rights and obligations between the seller and the customer, especially in the area of periodic partial orders, setting fixed deliveries and payment terms.
1.8.
The sales contract is an agreement concluded between the seller and the customer via email, fax, or mail, or is concluded in person, regulating the mutual rights and obligations of both parties in the case of one-time deliveries. Such a sales contract can be replaced by a confirmed order issued in written form.
1.9.
The e-shop terms are a summary of the terms that regulate the sale of goods through the e-shop, published in the current version on www.malfini.com.
1.10
The seller, also MALFINI, a.s., is a commercial company with its registered office in Ústí nad Labem, 403 04, Oblouková 391, Czech Republic, registered in the commercial register kept by the Regional Court in Ústí nad Labem, Section B, Entry 2035, company registration number: 254 09 727, tax identification number: CZ25409727.
1.11.
A warranty claim is a statement of the customer’s right against the seller arising from the liability for defects (in quality and/or quantity) of the goods delivered to the customer under the concluded Sales Agreement in accordance with the Warranty Guidelines.
1.12.
Warranty Guidelines are a set of conditions that regulate the procedure for warranty claims by the customer related to the purchased goods. The Warranty Guidelines constitute Appendix No. 1 of this document.
1.13.
The e-shop service is a set of functions available for use in the seller’s online store.
1.14.
Contracting parties or Parties is the collective term for the customer and the seller.
1.15.
Data refers to the information about the customer that the customer provides to the seller during registration in the e-shop.
1.16.
A defect is a inconsistency in the quality and/or quantity of the delivered goods to the customer based on the concluded Sales Agreement or the order confirmed by the seller, in comparison to the specifications of the goods as stated in the Sales Agreement. Defects are further characterized as patent and latent.
1.17.
The warranty claim is considered by the seller, taking into account the documentation of the warranty claim and the goods to which the claim relates, and whether it corresponds to the statement made by the customer, in which the seller states whether the claim is accepted or not. If the seller rejects the claim, they will inform the customer of the reason(s) for the rejection. If the seller accepts the claim, they will propose how to resolve the claim in accordance with the Warranty Guidelines.
1.18.
The warranty claim record is a document provided by the customer to the seller, informing them about any inconsistencies in the quality and/or quantity of the delivered goods based on the Sales Agreement, in relation to the goods covered by the Sales Agreement, in a format that complies with the Warranty Guidelines.
1.19.
Goods are products and/or services that the seller offers through their online store to an unspecified group of customers.

2. Introductory provisions

2.1.
These terms and conditions define and determine the mutual rights and obligations of the seller and the customer when purchasing and selling goods through remote communication, such as the e-shop, emails, or fax. Relationships that are not covered by the General Terms are resolved in accordance with the provisions of Law No. 89/2012 Coll., the Civil Code.
2.2.
Provisions contained in the Sales Agreement take precedence over the General Terms in the interpretation of contradictory provisions within the Sales Agreement and the General Terms.
2.3.
The e-shop enables the purchase of goods for all customers according to the current product offerings listed on the e-shop website.

3. Sales contract

3.1.
The sales contract is concluded (i) upon receipt of the customer’s order confirmation, or verification by phone and order confirmation in accordance with Article 4.4. i 4.5. general Terms; or (ii) upon receipt of the order confirmation sent via email to the customer’s address or to their fax number; or (iii) by confirming the order with the seller via a phone call (if the customer has been granted permission by the seller to place orders by phone). At that moment, the mutual rights and obligations from the Sales Agreement created between the customer and the seller are in effect. Until the conclusion of the Sales Agreement, the customer is obliged to adhere to the Terms of Use.
3.2.
The customer is informed about the agreement between the General Terms and the Warranty Claim Guidelines within it, with detailed information provided before sending the order. By entering into the Sales Agreement, the customer confirms that they are aware of these Terms and acknowledges them. These Terms are an integral part of the concluded Sales Agreement.
3.3.
The Sales Agreement and the General Terms, as part of it, are concluded under Czech law unless in conflict with the customer’s state law, written in the customer’s language, or in the agreed language version. The written Sales Agreement is archived by the seller for the purpose of successful fulfillment and is not accessible to third parties. Information about the individual steps that lead to the conclusion of the Sales Agreement arises from the order process in the e-shop. Before sending the order, the customer has the opportunity to review and make changes to the Agreement. These Terms are published on the e-shop website, allowing them to be archived and reproduced by the customer.

4. Rules and conditions of the e-shop service

4.1.
The e-shop service operates in accordance with the relevant terms of the e-shop, which are published on www.malfini.com, and in compliance with the generally binding legal regulations of the Czech Republic.
4.2.
The customer sends an order through the e-shop’s website via the Internet.
4.3.
If a potential customer does not meet the e-shop’s conditions for ordering goods, the order will be automatically canceled, and the seller is not obliged to inform such a potential customer about the order’s fulfillment.
4.4.
After the e-shop has received the order, the customer automatically receives a generated order confirmation via electronic communication. Acceptance of the order and the conclusion of the Sales Agreement between the seller and the customer occur upon receipt of the customer’s confirmation. The order is considered a proposal for the Sales Agreement until the customer receives the order confirmation.
4.5.
In the event of an unsuccessful delivery of the order confirmation to the customer, as specified in Article 4.4 of the General Terms, the Seller confirms the order to the customer via fax or SMS using the contact information provided by the customer.
4.6.
In the case of an unsuccessful order confirmation to the customer, in accordance with the above-mentioned Article 4.4 and 4.5, the seller may cancel the order without any charge. The seller is not obligated to inform the customer about the cancellation of the order.

5. Delivery of Goods

5.1.
The seller ensures the delivery of goods to the customer through an external courier service to the address provided by the customer in their order, exclusively on business days from 8:00 to 18:00.
5.2.
When ordering up to, and including, 10 items, packaging costs of 23,- CZK without VAT, and shipping costs according to the current price list, will be added to the order cost.
5.3.
The shipping cost is based on the current price list displayed on www.malfini.com.
5.4.
Goods are typically delivered to the customer the next business day after the conclusion of the Sales Agreement, or the second business day after the goods are taken from the warehouse if, during the conclusion of the Sales Agreement, all ordered goods were not available in the warehouse, unless the customer receives different information from the seller. Goods are delivered to the customer exclusively at the existing addresses. In case of any changes or modifications to the order, which will be confirmed by the seller, the deadline is as mentioned in the first sentence of the Sales Agreement.
5.5.
Goods may be delivered to the buyer later than specified in section 5.4 due to force majeure, as well as reasons not caused directly by the seller and beyond their control. The seller can withdraw from the concluded sales contract if it is not possible to deliver the goods specified in the sales contract and it is not possible to produce them later. In this case, an agreement must be reached between the seller and the buyer if the buyer wishes to receive delivery of similar products of identical quality, parameters, etc., or if the sales contract is terminated with no effect, or reciprocal compensation is required for the unfulfilled agreement. The seller will inform the buyer without delay of the extension of the delivery period or the need to replace similar goods at the same time and under the same delivery conditions if the buyer agrees. If the buyer does not agree to such delivery, the sales contract is terminated.
5.6.
If the Customer does not take delivery of the ordered goods due to reasons caused by the Customer themselves (e.g., despite the agreed delivery date, there is no person designated by the Customer), the Seller will attempt to redeliver the goods with the assistance of an external courier service. After consecutive unsuccessful attempts to deliver the goods to the Customer, the Seller has the right to (i) withdraw from the contract; and/or (ii) store the goods, even in a third-party warehouse, at the expense of the Buyer, and in this case, the Seller has the right to claim compensation for the costs incurred due to the delay or storage of the goods.
5.7.
The customer is entitled to reimbursement of costs incurred due to the preparation, delivery attempts, withdrawal, or storage of the goods, as specified in point 5.6 of the General Terms, specifically for logistics compensation in the amount of 25% of the purchase price and a minimum of 250 CZK, excluding VAT.
5.8.
The customer must provide accurate information when filling out the order and is responsible for any damage caused to the seller in case of a breach of this duty. The customer will pay the purchase price in accordance with the payment terms provided in section 8.2 of this document.
5.9.
Withdrawal from the sales contract or canceling an order is only possible until the moment of shipping the goods.
5.10
The customer has the right to a refund of the costs upon returning non-defective goods within 14 days from the date of taxable delivery. In the case of returning non-defective goods, the customer is obligated to return anything that they could have obtained when receiving the goods, such as various items related to the goods, quantity, delivery discounts, etc. When returning non-defective goods, the customer confirms to the seller that the goods are free of defects. If the seller finds inconsistencies in the customer’s confirmation and finds that the returned goods have suffered some defects, the seller has the right to refund only a portion of the purchase price after deducting the costs of returning the goods to their original condition. The customer also confirms that they will receive a refund of the purchase price minus postage and packaging fees that apply at the time of delivery. The right to return non-faulty goods does not apply to items purchased on sale. The 14-day return period does not apply to footwear; The customer has the right to return the purchased products (footwear) at his own expense within 30 days of the taxable transaction. Goods purchased in the sale section and the protective equipment section are not subject to the right of return of flawless goods.
5.11.
The risk of damage to the goods passes to the Buyer at the time of acceptance of the goods from the carrier. In case of obviously damaged packaging, the Buyer is not obliged to collect the goods and is obliged to write a damage report with the courier.