The present Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions“) of the company ACRIOS Systems, s.r.o., with its registered office at Czech Republic, Razinova 2257/5, Ostrava-Jih 700 30, company identification number: 050 82 251, registered in the Companies Register kept by the Regional Court in Ostrava, Section C, insert 67331 (hereinafter referred to as the “Seller“) regulate the rights and obligations of the parties arisen under or in connection with agreements to purchase goods (hereinafter referred to as the “Purchase Agreement“) entered into by and between the Seller and a natural person or a legal entity (hereinafter referred to as the “Buyer“) not for the personal needs of the Buyer, its family or household.
The prices of the goods are exclusive of taxes, customs duties or any other costs of goods delivery (i.e. transport costs) and the costs of the presentation of the goods in the event of a complaint. The offer of the sale of the goods and the prices shall be valid throughout the period in which they are displayed in the E‐shop or on the Seller’s website. If the Buyer has no access to the Seller’s E‐shop, the Seller shall notify the price of the selected goods at the Buyer’s email request at the address: smetana@acrios.com.
The Order is a proposal to enter into a Purchase Agreement. The Purchase Agreement is entered into upon the Seller’s confirmation of the Order sent by email to the Buyer’s email address without any delay after the receipt of the Order, however no later than 3 business days after the delivery. Public holidays and rest days in the Czech Republic shall not be included in the limit mentioned above. The Parties represent and warrant that they consider this time‐limit reasonable within the meaning of Article 18 paragraph 2 of the United Nation Convention on Contracts for the International Sale of Goods (hereinafter also referred to as the “GISG”).
If the Order does not contain any maximum level of delivery costs and relating payments, the Buyer shall be informed about their estimated maximum level, depending on the destination, before the Order is confirmed and the Buyer shall be requested to approve such costs. The time‐limit for the confirmation of the Order shall start on the day of approving such costs by the Buyer.
The Parties agree that if the Buyer does not raise any objections to the Order confirmation, the Order confirmation contains the contents of the agreement agreed by the Parties and the Buyer agrees with such contents of the agreement even if the Order confirmation contains conditions different from those contained in the Order. The information about the goods offered for sale presented in the E‐shop includes information whether such goods are in stock or not. If the goods are not in the Seller’s or the supplier’s stock, the Buyer will be informed of the delivery of such goods in the Order confirmation
Delivery
Unless otherwise agreed in the Purchase Agreement, the Parties agree the following delivery condition: EXW Tvarůžkova 2738, Rožnov pod Radhoštěm 756 61, Czech republic – the Seller’s warehouse.
The goods shall not be delivered until the purchase price is paid to the Seller unless otherwise explicitly agreed in the Purchase Agreement.
The Seller shall ensure the transport at the Buyer’s expense. The destination shall be specified by the Buyer in the Order.
The estimated maximum amount of the costs of transport is specified in the Order or notified by the Seller before the Order confirmation. If the Buyer has opened its own account with a courier delivery services company (such as TNT, UPS etc.), the Buyer may notify the Seller of such fact so that this account may be used for the transport purposes of the goods under the Purchase Agreement
The Seller will inform the Buyer about the contractual carrier, the exact amount of the transport costs before the goods are handed over to the first carrier. If the actual costs of transport are higher than the estimated maximum level of transport costs, the Seller shall be obliged to inform the Buyer of such fact and the Buyer shall approve the costs of transport without undue delay, however no later than 2 business days
The Seller shall ensure that any documents relating to the goods, such as the invoice, packing list, shall accompany the package in which the goods are packed for transport purposes and they shall be delivered together with the goods.
The Seller shall pack the goods for transport purposes in the manner corresponding to the nature of the goods and shall mark the goods with sufficient labels on the packages of the goods.
If the Buyer fails to comply with its duty to take over the goods, or any other obligation, the Seller may exercise the rights prescribed by Articles 62 – 64 of the CISG. In addition, the Seller is entitled to claim the compensation of damage caused by the unlawful conduct of the Buyer.
Notification of defects
The Buyer is obliged to notify the Seller of the existence of a defect of the goods and of the nature of such defect within reasonable time after the Buyer detected them or should or could have detected them. The Parties agree that such reasonable time shall be 7 calendar days.
The description of the nature of the defect means, in particular, a detailed description of the defect and/or the way the defect manifest itself, the description of the connection in which it was used, measured values and indication of the date on which the Buyer detected.
The place of claiming rights arising from liability for defects by the Buyer shall be:
ACRIOS Systems, s.r.o.
Tvarůžkova 2738
Rožnov pod Radhoštěm 756 61
Czech Republic
Mail: smetana@acrios.com
Tel.: +420 731233510
If the Buyer fails to notify the Seller of defects detected or detectable during the inspection of the goods delivered, the Buyer’s rights arising from the liability for defects as well as the Buyer’s right to claim damages shall cease to exist.
If the defects which the goods have at the moment of delivery are notified in a due and timely manner, the Buyer may exercise the rights in accordance with Articles 45 – 52 of the CISG. The Buyer is obliged to select a specific right and notify the Seller of such right at the moment of notifying the defect. When applying rights arising from liability for defects, the Buyer is obliged to prove that the goods were purchased from the Seller.
The complaint shall be dealt with by the Seller depending on the circumstances without undue delay, however no later than 2 months after receiving the complaint.
Delivery conditions and costs of transport
Unless otherwise agreed in the Purchase Agreement, the Parties agree the following delivery condition: EXW Tvarůžkova 2738, Rožnov pod Radhoštěm 756 61, Czech Republic – the Seller’s warehouse.
Incorporation with the Regional Court in Ostrava, File No. C/28724, ID: CZ 050 82 251, ACRIOS Systems, s.r.o., Razinova 2257/5, Ostrava-Jih-Zábřeh 700 30, CZ, tel.: +420 731 233 510, smetana@acrios.com, www.acrios.com
The goods shall not be delivered until the purchase price is paid to the Seller unless otherwise explicitly agreed in the Purchase Agreement. The Seller shall ensure the transport at the Buyer’s expense. The destination shall be specified by the Buyer in the Order. The estimated maximum amount of the costs of transport is specified in the Order or notified by the Seller before the Order confirmation. If the Buyer has opened its own account with a courier delivery services company (such as TNT, UPS etc.), the Buyer may notify the Seller of such fact so that this account may be used for the transport purposes of the goods under the Purchase Agreement.
The Seller will inform the Buyer about the contractual carrier, the exact amount of the transport costs before the goods are handed over to the first carrier. If the actual costs of transport are higher than the estimated maximum level of transport costs, the Seller shall be obliged to inform the Buyer of such fact and the Buyer shall approve the costs of transport without undue delay, however no later than 2 business days.
The Seller shall ensure that any documents relating to the goods, such as the invoice, packing list, shall accompany the package in which the goods are packed for transport purposes and they shall be delivered together with the goods. The Seller shall pack the goods for transport purposes in the manner corresponding to the nature of the goods and shall mark the goods with sufficient labels on the packages of the goods.
If the Buyer fails to comply with its duty to take over the goods, or any other obligation, the Seller may exercise the rights prescribed by Articles 62 – 64 of the CISG. In addition, the Seller is entitled to claim the compensation of damage caused by the unlawful conduct of the Buyer.
Insurance
The Seller is not obliged to insure the transport of the goods. At the Buyer’s express request, the Seller shall provide the Buyer with any and all available information necessary to enter into an insurance contract by the Buyer.
Title transfer and risk of loss
The title to the goods delivered to the Buyer under the agreed Purchase Agreement shall not pass to the Buyer until the purchase price is paid in full.
The risk of loss shall pass to the Buyer upon the goods are delivered to the Buyer in accordance with the delivery condition agreed.
