1.1. Terms and Conditions
The Terms and Conditions describe the normal business cooperation between the Buyer and the Seller and set out the binding rules for relations between the Buyer and the Seller in connection with the sale of goods and the provision of services by the Seller to the Buyer. The Terms and Conditions are also binding for relations under other contracts that expressly provide for this.
All matters not regulated by these Terms and Conditions shall be governed by the relevant provisions of applicable law, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"). The Terms and Conditions, as amended, are publicly available on the Seller's website (www.infomatic.cz).
The Seller and the Buyer agree, in accordance with the provisions of Section 1752 of the Civil Code, that the Seller is entitled to change the Terms and Conditions from time to time. The Seller shall notify the Buyer of the amendment of the Terms and Conditions by sending an e-mail or similar message to the Buyer and by publishing the amended version of the Terms and Conditions on its website. The amended Terms and Conditions shall become effective on the fifteenth day following their publication. The Buyer is obliged to familiarize himself with the amended version of the Terms and Conditions and in the event that he does not agree with the amended Terms and Conditions, the Buyer has the right to terminate the contract to which the amended Terms and Conditions relate in writing within 30 days of the delivery of the notice of the amended Terms and Conditions, with a 3 month notice period starting on the first day of the month following the delivery of the notice of termination to the Seller.
1.2. Partial agreement
Any confirmation of receipt of goods or services in the form of a delivery note, handover protocol, delivery note, invoice, acceptance protocol, shall constitute confirmation of the conclusion of the individual partial contract on the basis of the Buyer's order, within the meaning of these Terms and Conditions. The Seller shall be entitled to refuse an order for goods or services made by the Buyer.
1.3. Contact address of the Seller
Business offices: Bucharova 1186/16, 155 00 Prague 5 phone contact: +420 251 025 400
1.4. Working hours of the Seller
Business offices: Mo–Fr 9:00–17:00
Warehouse (reception): Mo–Fr 9:00–16:00
1.5. Contact to the Seller
The Buyer is assigned a Primary Contact - an employee of the Seller's sales department. The role of the Primary Contact is to deal with the Buyer's requirements in all areas of trade between the Buyer and the Seller. The Primary Contact will be selected taking into account the focus of the Buyer's business so as to deal with frequent requests with the maximum possible knowledge in the area. In specific situations, the Buyer has the option of contacting the Seller's finance or logistics department. The Buyer is entitled to request a change of Primary Contact for serious reasons. In order to continuously improve conditions for customers, telephone calls may be recorded.
1.6. Partner purchase conditions
Partner prices are the current prices for the Buyer. These prices correspond to the current purchasing conditions, the Seller's stock situation and the extent of the Seller's business cooperation with the Buyer. The Seller reserves the right to change the partner prices. The partner prices stated in the Buyer's orders, which have been confirmed by the Seller, are binding.
1.7. Financial Terms
The date of payment means the date of crediting the Buyer's payment to the Seller's account.
1.7.2. Securing the Seller's receivables from the Buyer
The Seller shall be entitled to require the securing of a specific business case with common security instruments in order to minimize the risks resulting from the Buyer's possible insolvency. The usual instruments used by the Seller are:
- assignment of the Buyer's receivables to an evidently creditworthy entity Seller
- collateral bill of exchange issued by a natural person or an evidently creditworthy entity
- insurance of receivables
- partial or full payment of ordered goods or services in advance (so-called prepayment)
The creditworthiness of the entity is at the Seller's discretion. In order to assess the creditworthiness of the entity, the Seller requires the delivery of the Buyer's financial results for the most recently closed fiscal year (financial statements or audited financial statements) and at the end of the most recently completed month (balance sheet and profit and loss statement). The Seller hereby reserves the right to use these statements for communication with the insurance company.
1.7.3. Due date
The standard due date for invoices issued is 21 calendar days.
At the request of the Buyer, the Seller may adjust the due date taking into account the creditworthiness of the Buyer, its payment morality and the volume of mutual trade. The Seller reserves the right to shorten the due date of invoices for newly confirmed orders. However, the Buyer must be informed of this change at the latest before the order is confirmed.
1.7.4. Due date adjustments
At the Buyer's request, a one-off extension of the payment period may be agreed for an individual business case or a payment schedule may be agreed. In the event of a positive decision, the interest for the extended payment period shall be invoiced at the same time as the goods/service at the pre-agreed amount. The extension of the due date must be agreed before the invoice is issued. Once the invoice has been issued, the due date can no longer be changed.
1.7.5. Buyer's delayed payment conditions
In case of delay of the Buyer with the payment of the invoice, the Seller is entitled to charge a contractual penalty and the Buyer is obliged to pay the contractual penalty. Unless otherwise agreed in writing between the Seller and the Buyer, the contractual penalty shall be 0.05% of the amount due for each calendar day of delay. The invoice for the contractual penalty shall be issued monthly in arrears if at least one invoice has been paid late in the previous month. Failure to invoice for liquidated damages shall not prevent the Seller from seeking liquidated damages through the courts.
1.7.6. Change in the price of services provided
In the event that the provision of long-term services is agreed with the Buyer on the basis of a contract with automatic extension of the agreed period, the Seller is entitled to adjust the price of services for the next period, in particular in relation to changes in the prices of input costs (in particular fuel, energy, spare parts, etc.), and notify the Buyer of this change. In the event of disagreement with the price change, the Buyer is entitled to terminate the contract in writing within 30 days of receipt of the Seller's notification of the price change, with a 3-month notice period commencing on the first day of the month following receipt of the Seller's notice.
1.8. Order forms
1.8.1. Purchase Order
Goods or services can be ordered by:
- By email to the Primary Contact's email address as published on the Seller's website or to firstname.lastname@example.org
- By post to the Seller's office address (see Seller's contact address).
Orders issued in this way must contain the following basic information:
- obchodní the Buyer's business name or name and surname o the Buyer's order reference number
- the date the order was issued
- the Buyer's contact person and email contact
- the requested delivery location
- the requested delivery method and delivery address
- the goods ordered with the codes of each product and the number of piecesfor orders by which the Buyer orders only service support, the type of service requested and a list of service items including their serial numbersfor orders by which the Buyer orders other services, it is indicated what type of service is involved, where the service will be performed
- In the event that there is a contract for the services supplied in the form of a project, the supply of goods, service support or other services, the delivery shall be governed by the terms and conditions set out in such contract.
1.8.2. Complete Order
Goods are dispatched only after all the items in the order have been secured in the required quantity. By mutual agreement of both parties, individual items are shipped continuously according to availability.
1.9.1. Delivery note
The Seller issue a delivery note for each delivery of the Goods, which shall be sent together with the Goods to the Buyer. The delivery note shall state the quantity, type of goods delivered, the type and serial number, if registered for the item. The delivery note is always sent together with the goods.
1.9.2. Proof of access to service support
The Seller shall issue for each delivery of service support services a confirmation of their availability (i.e. SW maintenance - "Licence Protocol", Goods - "Certificate"), in which the type, duration and date of service support made available to the Buyer in the application tools of the Seller and its subcontractors, intended for receiving, recording and subsequent execution of individual service requests, is indicated. Confirmation of the availability of service support for the Goods shall be sent to the Buyer together with the invoice.
1.9.3. Acceptance protocol
The Seller shall issue an acceptance report for each delivery of services, except for service support services, by which the Buyer shall confirm the date of completion of the services and the quality of the services performed. An invoice for the services shall be issued to the Buyer on the basis of the signed acceptance report; if the Buyer refuses to sign the acceptance report without good reason, the service shall be deemed to have been delivered after 10 days from the date of the acceptance report and the Buyer shall be entitled to issue an invoice for the services.
For goods and services ordered by the Buyer from the Seller, an invoice is issued, which contains in the header all legal requirements, reference to the Buyer's order. The body of the invoice contains an itemised and priced list of the goods or services purchased. Invoices are delivered to the Buyer electronically by e-mail.
1.9.5. Credit Note
The Seller shall issue a Credit note to the Buyer in the event that the goods or services have been incorrectly delivered by the Seller, or the delivery was defective or incomplete (see section Returns).A corrective tax document shall also be issued in the event of an additional price correction if a price other than the price stated on the agreed order has been incorrectly invoiced.
2.1. Phone Contact
All information regarding the goods or services, their prices, availability, delivery times, status of complaints and other information relating to the mutual business relationship between the Seller and the Buyer can also be obtained by contacting the relevant trader - the Seller's primary person.
2.2. Promotional communication
The Seller is entitled to send advertising messages to the Buyer, including via e-mail. Advertising disseminated in this way shall not be considered as dissemination of unsolicited advertising, or advertising that leads to the Buyer's expenses or harasses the Buyer, within the meaning of Section 2(1)(e) of Act No. 40/1995 Coll., on Advertising Regulation, as amended. Pursuant to § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services, as amended, the Buyer agrees to the use of his/her electronic contact for the purpose of disseminating the Seller's commercial communications. The Buyer is entitled to withdraw this consent at any time free of charge.
2.3. Information about the Buyer
Information about the Buyer and the Buyer's responsible personnel is provided in the Seller's internal systems. The Buyer is obliged to inform the Seller immediately of material changes.
2.4. E-mail contact
The Buyer shall provide the Primary Contact with the email address to which documents will be automatically sent by the Seller and the Buyer shall promptly report any change in such address.
2.5. Personal data protection
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter referred to as the "Regulation") and the applicable laws of the Czech Republic, the Buyer and the persons representing the Buyer by placing an order grant their consent to the processing of their personal data, namely their name and surname, contact address, telephone number and e-mail address, for the purpose of their inclusion and storage in the electronic database, for the purpose of fulfilling the subject of the contract concluded between the Seller and the Buyer and for sending commercial communications relating to the Seller's offer of goods and services. The Buyer understands that the above-mentioned commercial communications will be sent to him by electronic means in accordance with Act No. 480/2004 Coll. The Buyer agrees that his above-mentioned personal data will be processed only by the Seller's company, as a personal data controller.
The Buyer declares that this consent is voluntary and that he/she understands that he/she can withdraw this consent at any time free of charge. The Buyer acknowledges that in the event of withdrawal of his consent, the Buyer's personal data will be deleted from the Seller's database and will not be further processed. The granting of this consent does not affect any previous consent given by the Buyer for the same purpose. This consent is granted by the Buyer for an indefinite period of time.
The Supplier undertakes to protect the Buyer's personal data. Such data will not be disclosed by the Seller to any third party except to those entities designated by the Buyer to deliver the goods from the Seller to the Buyer, where the provision of data to such entities (e.g. address and telephone) is a necessary condition for the successful delivery of the goods to the Buyer.
2.6. Governing law and jurisdiction
Legal relations between the Buyer and the Seller are governed by the law of the Czech Republic, in particular the Civil Code. To resolve disputes between the Seller and the Buyer, the Seller's general court in the Czech Republic is locally competent.
3. Procedure for purchasing goods and services
3.1. Inquiry - Proposal
In the case of larger deliveries of goods and services in the form of a project, it is possible to prepare an individual offer to the maximum extent possible to meet the Buyer's requirements. In justified cases, the Seller is entitled to charge a fee for the preparation of the offer. The fee must be agreed in advance by the Buyer.
3.2. Goods Delivery
Normally, the Seller provides delivery of goods only on the territory of the Czech and Slovak Republics, outside these territories only by special agreement with the Buyer.
3.2.1. Delivery via Carrier
Shipping - the goods are delivered by the carrier from the Seller's warehouse directly to the address, according to the Buyer's specification in the order. The goods are delivered with a delivery note.
Personal collection - you can also use personal collection to pick up the goods.
The Buyer's order must include a specification of one of the above delivery methods.
3.2.2. Supply suspension
The Seller reserves the right to suspend delivery of goods to the Buyer in the event that the Seller records unpaid receivables from the Buyer with a delay of more than 7 calendar days.
3.2.3. Acceptance of delivery
The buyer is obliged to check the condition of the delivery.
Upon receipt of the delivery delivered by the carrier, the Buyer is obliged to check the information on the waybill. If the information does not correspond to the fact, the original packaging of the goods is damaged or the original packaging tape is broken, the Buyer is obliged to note this fact on the carrier's waybill or reject the delivery as a whole.
The buyer is obliged to subsequently check the contents of the shipment according to the attached delivery note. If the contents of the consignment do not correspond to the delivery note, the Buyer is obliged to indicate on the delivery note or its attachment the differences from the delivery note and have this fact confirmed by the carrier. If the carrier refuses to do so, the Buyer is obliged to reject the delivery as a whole.
3.3. Ownership of the goods and risk of damage to the goods
In the event that the delivery of the goods is provided by the Seller through a carrier, the ownership of the goods is acquired by the Buyer upon receipt of the goods from the Seller by the first carrier, in the event of receipt of the goods at the Seller's warehouse, the ownership of the goods is acquired by the Buyer upon receipt of the goods at the Seller's warehouse. In case of delivery of the goods by the carrier, the risk of damage to the goods shall pass to the Buyer at the time when the goods are delivered to the Buyer, in case of receipt of the goods at the Seller's warehouse, the risk of damage to the goods shall pass at the moment of receipt of the goods from the Seller.
3.4. Export limitations
The Buyer is obliged to comply with any export restrictions under the legal regulations of the Czech Republic and the regulations of the European Union, if they apply to the delivered goods.
3.5. Return of goods
If the delivered goods and the terms of delivery do not correspond to the order, the Buyer is entitled to send the goods back undamaged and complete, so that they are accepted at the Seller's warehouse within 10 working days of delivery to the Seller.
The Seller shall issue a corrected tax document for the returned goods within 10 working days of the date of receipt of the goods. If the goods are not returned within the time limit or are returned damaged, the Seller shall have the right not to accept them or to charge the costs incurred and a cancellation fee of up to 15% of the price of the returned goods.
In the case of a return of goods that do not meet the above conditions, the Buyer must have such return approved in advance by the Primary Contact before dispatch.
Only goods purchased directly from the Seller can be claimed. In any case, the complaint does not apply to software, unless the third party - the executor of the property rights to such software does not provide otherwise.
4.1. Types of Claims
Request for return of goods. Defective goods delivered. Claim for defective goods:
- Warranty claims
- Non-warranty claims
- Claims for goods with purchased service support services.
4.2. Claim Request
A claim request can be made through the Seller's Primary Contact. The Buyer is not automatically entitled to a positive resolution of the claim; each claim request will be assessed by the Seller on a case-by-case basis.
4.3. Handover of the claimed goods
The Buyer is obliged to deliver the claimed goods to the Seller's address. The Buyer shall bear the costs of delivery of the claimed goods to the Seller. In the case of a claim for goods for which service support has been purchased, the goods are sent to the manufacturer's address according to the instructions of the responsible employee of the Seller.In the event that the claimed goods are not delivered within 10 working days from the date of approval of the claim by the Seller, the Seller reserves the right to terminate the claim. The goods must be delivered in the original packaging if required by the manufacturer or in packaging ensuring safe transport of the goods, including all accessories. If the claim is for defective goods, a copy of the purchase documents (invoice and delivery note) must also be supplied. In the event that the shipment does not contain the above mentioned elements, it will be sent back at the Buyer's expense. If the claimed equipment contains additional modules, extensions, etc., the Seller shall not be liable for any possible loss of these additional devices.
4.4. Warranty Period
The standard warranty period for goods sold by the Seller is 12 months. The warranty period is calculated from the date of issue of the delivery note. In no case does the warranty apply to software.
4.5. Claiming goods under warranty
Claims for goods under warranty are settled by replacement or a corrective tax document. Replaced goods are sent back to the Buyer at the Seller's expense. The Seller is the owner of the claimed goods after the issuance of the corrective tax document.
4.6. Repairs of goods after warranty
Post-warranty claims are made for a fee. The buyer will be informed in writing of the estimated cost of repair/replacement, and by accepting this price, the buyer agrees to pay the invoice for the repair of the goods up to the estimated cost. The Seller reserves the right to refuse a request for repair after the expiry of the warranty period.
4.7. Claims for goods with purchased service support services
Complaints for goods with purchased service support services are resolved by replacing the goods within the time limits according to the type of service support purchased. In the event of a delay in the replacement of goods compared to the time limits applicable to the purchased service support, which was caused by the manufacturer, the Seller shall not be liable for this delay.
Prague 25th of May 20222