Terms of trade

Contents 
  1. General provisions
  2. Definition of terms
  3. Information about the concluded contract and the terms of trade
  4. Order
  5. Price of goods
  6. Payment conditions
  7. Delivery terms
  8. Consumer´s right to withdraw from the contract
  9. Conflict with the contract of purchase
10. Conditions of warranty
11. Personal data protection

1. General provisions

These binding terms of trade apply to making purchases in the e-shop of www.plastiaobchod.cz. These terms describe and regulate the mutual trade relation between the seller, who runs this e-shop, on the side of the supplier, and the buyer (further also referred to as the customer) on the side of the purchaser. All contractual relations are concluded in agreement with the Law of the Czech Republic. If the contracting party is a consumer, the relations not stipulated by the terms of trade shall be governed by the Civil code (Act 40/1964) and the law on consumer protection (Act 634/1992). If the contracting party is not a consumer, the relations not stipulated by the terms of trade shall  be governed by the Commercial code, Act 513/1991, all in the wording of the subsequent legal regulations.

Operator:
Plastia s.r.o., Na Brázdě 1321/8, 141 00 Praha - Michle
IČ: 60720981
DIČ: CZ60720981

Production plant:
Plastia s.r.o., Žďárská 313, 592 14 Nové Veselí
IČ: 60720981
DIČ: CZ60720981

2. Definition of terms

Contract of purchase. The buyer´s order represents a draft contract. The contract of purchase itself shall be concluded the moment the buyer´s draft contract has been obligatorily confirmed  by the seller. Henceforth, mutual rights and obligations have been established between the buyer and the seller, the  buyer shall  be bound by these terms of trade and expresses their consent with them.
Supplier (seller). The supplier is a person who, while concluding and fulfilling the contract, acts as part of their trading or other entrepreneurial activities. It is an entrepreneur who, directly or through other entrepreneurs, supplies goods to the buyer or provides services.
Consumer. The consumer is a person who, while concluding and fulfilling the contract, does not act as part of their trading or other entrepreneurial activitities , or a person who buys products or uses services for purposes other than doing business with these products or services.
The buyer who is not a consumer is an entrepreneur who buys products or uses services in order to do business with these products or services. This buyer shall operate by the relevant part of the terms of trade and the Commercial code.

3. Information about the concluded contract and the terms of trade

By concluding the contract of purchase the buyer confirms they have familiarized themselves with these terms of trade and agree with them. These terms of trade are brought to the buyer´s attention well in advance, before the order is made, and the buyer has a chance to familiarize themselves with them. These terms of trade form an integral part of the concluded contract.
The contract is concluded in the Czech language and, unless inhibited by circumstances on either side, it can also be concluded in another language comprehensible to the contracting parties.  The concluded contract shall be filed by the seller for the purpose of its successful fulfillment and shall not be accessible to the third parties. Information about the particular technical steps leading to the contract´s conclusion is evident from the process of ordering in the e-shop, as well as from point 4 of these terms of trade, and the buyer has a chance to check and, as the case may be, correct the order prior to sending it out.  These terms of trade are displayed at the e-shop website, so their archiving and reproduction by the buyer are made possible.

4. Order

The order is made by sending out the order form (shopping trolley) or an e-mail with the relevant data (customer´s name and surname, delivery address + phone – for possible communication with the forwarder - kind, quantity and price of the ordered goods, postage). By sending the order out you express your agreement with these terms and the given terms of payment. The order is legally binding! Any withdrawal from the order is only possible after consulting with the seller either through an e-mail at novotna.martina@plastia.cz or by phone. If it comes to cancellation of the order by the aforesaid manner, the seller shall confirm that fact to the buyer through an e-mail.

5. Price of goods

The prices given are final prices including 21% VAT. If we are unable, for any reason whatsoever, to keep the prices (price increase) given in your order, you will be informed accordingly and asked to consent to such a price increase. If the buyer does not consent to the price increase, the seller shall have the right to withdraw from the contract of purchase, with the condition for such a withdrawal from the contract being their provable delivery to the buyer without undue delay. In case the buyer has already credited any financial means for the benefit of the seller, these will be returned to them by the seller without undue delay.

6. Payment conditions

The goods can be paid for in the following ways:

- In cash at the company´s production plant in Nové Veselí, CZ
- Cash On Delivery
- Cashless transfer to the seller´s account  …… 2521250100/2600 (the payment to be made on the  basis of the pro forma invoice that is going to be sent to you)

- ComGate service:

With the order sent out, the Payer can optionally utilize the ePlatba+ service which will redirect them to their bank´s Internet banking. The Payer will send the payment out through the Internet banking. The Seller will dispatch the goods once they have received confirmation of that payment. Money transfers are made through the account of  ComGate Payments a.s. 

The sensitive data that you input into the system of the Internet banking are protected with the payment gateways of the banks and are kept off the third parties´ environment. Payment processors will only see information about the transaction that the bank makes available to them along with the outgoing transaction.

By concluding the contract of purchase, the buyer consents to the seller processing their contact data  until the buyer expressly disagrees with such processing in writing. The contact data that the buyer gives while ordering serve solely for our own need and will not be made available to other subjects  except for the payment processors.

Pursuant to the Act on Registration of Sales, the sales person is obliged to issue a receipt to the buyer. Sales must be registered to the tax authority online; in case of a technical failure this must be done within 48 hours.

7. Delivery terms

There is a possiblity to withdraw goods in person in our company or have them delivered by PPL/DPD.

Bulkier consignments to be delivered through our contractual forwarder (Toptrans for the Czech and the Slovak Republics).

Cost of transportation

GEIS in ČR...............................................................................118,00 CZK incl. VAT

PPLin ČR .................................................................................119,00 CZK incl. VAT

TopTrans in ČR ........................................................................145 Kč CZK incl. VAT

GEIS in SK................................................................................ 6,50 € incl. VAT

PPL in SK ..............................................................................10,50 € incl. VAT

TopTrans for SK .....................................................................31,58 € incl. VAT

DPD for DE...............................................................................  20 € incl. VAT

With orders worth over 2000,-  CZK incl. VAT    ……………………  FREE for CR and SR

With orders worth over 100 € incl. VAT    ……………………………  FREE for DE

Cost of transportation for other countries on request.

 

Delivery date

CR and SR

Goods on stock to be dispatched within 48 hours. In case goods are not on stock, we will inform the customer immediately on a possible delivery date.

After the dispatch, the consignment is forwarded to a carrier who will deliver that within 48 hours at the latest.

DE

The delivery date makes about 1 week.

Other countries

We will inform you on the delivery date on the basis of your current order.

8. Consumer´s right to withdraw from the contract

If the contract has been concluded through the means of remote communication (at the e-shop), the consumer shall have the right, according to § 53, clause 7, of the Civil code, to withdraw from the contract within 14 days since the date of performance (delivery date of goods).

If you decide to assert this right, you need to act as follows:

1. Manifest your will to withdraw from the contract preferably by means of an e-mail in which you give : your name, address, the number of the invoice (or the tax document), the number of the bank account to which the refunded amount for the goods will be credited. The manifestation of your will to withdraw from the contract can be made alternatively in a different way, for instance, through registered mail or a phone contact. However, e-mail will expedite things. Please, be mindful of the fact that your withdrawal from the contract has to be delivered on the 14th day since receiving the performance (the delivey of goods), at the latest.
2. The returned goods have to be complete including accessories and the documents delivered (instructions for use, certificate of warranty, etc.), undamaged, without traces of wear and tear, preferably in the original undamaged packaging.
3. Send the goods to our address (we recommend to insure the consignment) – but in no case as cash on delivery.
4. Following the delivery of the returned goods, a credit note which you are obliged to sign and return to our address will be issued and sent out to you within 5 days. You will receive your financial means within 30 days since your withdrawal from the contract at the latest. The costs incurred in connection with the return of goods to be borne fully by the buyer.
5. Failure to fulfil condition 1 means no effective withdrawal from the contract will take place. Failure to fulfil condition 2 means your withdrawal from the contract is effective, but the seller will be entitled to reduce the returned sum by the incurred reduction in the financial value of the returned article (the goods are damaged, incomplete, etc.), yet the consumer´s right to withdraw from the contract without any sanction remains untouched by the aforesaid.

Apart form the cases in which the withdrawal from the contract is expressly agreed upon, the consumer is not entitled to withdraw from contracts:
- to deliver the goods that have been custom-made for them, as well as perishable goods  and goods liable to wear and tear or obsolescence.

9. Conflict with the contract of purchase

In case the article is not in agreement with the contract of purchase (further referred to only as “conflict with the contract of purchase“) when received by the buyer, the buyer shall have the right to have the seller, free of charge and without undue delay, bring that article into the condition conforming with the contract of purchase, namely, at the buyer´s discretion, either by exchanging it or repairing it; if such a procedure is not possible, the buyer can demand a reasonable reduction in the price of that article or withdraw from the contract. The aforesaid does not apply, if the buyer had known about the conflict with the contract of purchase before they received the article or had caused the conflict themselves. A conflict with the contract of purchase which becomes evident within six months since the day of delivery shall be considered as one existing already on the day of delivery, unless it clashes with the nature of that article in question or unless the opposite has been proven.
Conformity with the contract of purchase means, in particular, that the article being sold possesses the quality and the utility characteristics stipulated in the contract, described by the seller, the manufacturer or their agent, or expected on the basis of their advertising, or, as the case may be, the quality and the utility characteristics usual in such a kind of article, that it conforms with the requirements of legal regulations, is in the corresponding quantity, measure or weight and conforms with the purpose that the seller indicates for the article or for which the article is normally used.

10.  Conditions of warranty

Unless a longer warranty period is specified in the certificate of warranty, a 24-month warranty period shall apply to the goods. Smallwares (mostly sold without a certificate of warranty) need to be made a complaint of by sending them to our shop with the relevant invoice number (or the tax document) and the date of sale.
The warranty period begins to expire the moment the buyer has received the article. The warranty period to be prolonged by the same period in which the goods have been in the process of repair under the warranty. In the event of exchange for new goods under the warranty period, a new warranty period begins to expire.

The warranty does not apply to the article´s wear and tear caused by normal usage.
On filing a warranty claim, the consumer has:

- if the defect is eliminable, the right to have the defect rectified properly, free of charge and in a timely manner, the right to have the faulty goods or a faulty part exchanged, unless such an exchange is inadequate viewing the nature of the defect, and if such a procedure is not possible, the right to get a resonable reduction in the purchase price or to withdraw from the contract of purchase.
- if the defect is ineliminable and preventing the proper use of the goods, the right to exchange the faulty goods or to withdraw from the contract of purchase.
- if the defects are eliminable, occurring in larger numbers or repeatedly, and preventing the proper use of the goods, the right to exchange the faulty goods or to withdraw from the contract of purchase.
- if the defects are of different nature and ineliminable and the consumer does not demand exchange of that article, the right to a reasonable reduction in the purchase price or to withdrawal from the contract of purchase.
The seller shall decide on your complaint immediately, in more complicated cases within 3 days less the time period needed for expert consideration of the claimed defect, the complaint shall be settled with the defect rectified within 30 days at the latest. This deadline can be prolonged by agreement with the consumer. When the deadline has elapsed, the consumer shall have the same rights as if the defect were an irremovable one.
The seller is obliged to issue the consumer with a written confirmation showing when the consumer exercised their right, what the subject of the complaint is and what the chosen manner of the complaint´s settlement is; and, also, a confirmation showing when and how the complaint was settled including a confirmation showing the date of repair and how long it lasted or, as the case may be, a written justification why the complaint was turned down. This obligation also applies to other persons designated to carry out the repair.

11. Personal data protection

We treat personal data in conformity with  Act 101/2000 of the Code on protection of personal data and information. By concluding the contract of purchase the buyer agrees to processing of their personal data (name, surname, address) until they express their disagreement to this processing in writing. These data only serve the internal needs and are not made available to the third parties.  Our customers´ personal data are fully secured against abuse. The buyer has the right of access to their personal data and the right to correct them including other lawful rights pertaining to these data. The seller shall not make the personal data available to any third person who is not directly related to a successul processing of order. The seller reserves the right to use the acquired personal data for further offer of goods and services to the buyer. The buyer has the right to express - in writing, by e-mail or by phone - their disagreement over the filing of their personal data. In that case, the seller shall remove such data, in the necessary extent, from their database.