ID No. 090 72 900
VAT No. CZ09072900
with its registered office at Plzeň, Folmavská 2980/2, Jižní Předměstí, Postcode 301 00 (hereinafter referred to as the “Contact Address“)
listed in the Commercial Register maintained by the Regional Court in Plzeň, Section C, Entry 39202
Bank details: Account No. 2266563002/5500
Email address: firstname.lastname@example.org (hereinafter referred to as the “Contact Email“)
Phone: 00420 605 064 688 (hereinafter referred to as the “Contact Phone Number“)
Represented by Jiří HECKEL, Executive Officer
(hereinafter referred to as the “Seller“)
I. Introductory provisions
- General Terms and Conditions (hereinafter referred to as the “ GTC”) govern the terms of the purchase contract being entered into between the Seller and the Buyer, which involves a delivery of goods offered by the Seller via their catalogue accessible at the Seller’s website at www.wparespirators.com (hereinafter referred to as the “Website“) and at the Seller’s headquarters.
- The Buyer is either a consumer or an entrepreneur. A consumer is any individual who, outside their trade, business or profession, enters into a contract or has other dealings with an entrepreneur. An entrepreneur is a person who, on their own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention to do so consistently and for profit. For the purposes of consumer protection and for other purposes, any person who enters into contracts related to their own commercial, production or similar activities, or within their trade, business or profession, or a person acting in the name or on the account of an entrepreneur is also considered to be an entrepreneur. For the purposes of the present GTC, entrepreneur denotes a person who acts as referred to in the preceding sentence as part of their business or trade. If the Buyer provides their identification number in the order, they acknowledge that the rules formalised in the GTC applying to entrepreneurs apply to them as well.
- Where a person who intends to purchase goods from the Seller acts as part of their trade or business when ordering goods or if the person is a legal entity, a corporation or a public authority, the provisions of the present GTC concerning consumer protection shall not apply to them.
- The GTC define and specify the underlying rights and obligations of the Seller and the Buyer. Provisions of the present GTC are an integral part of the purchase contract. The contracting parties may agree on provisions deviating from those contained in the present GTC in their separate contract. Any deviating provisions under a separate purchase contract shall take precedence over the provisions of the present GTC.
- The present GTC are available at the Website so that the Buyer could archive, reproduce, keep and consult the them, which the Buyer acknowledges, and, at the time of placing their order, the Buyer undertakes to keep the GTC on file for future reference.
- All terms and conditions shall be governed by the purchase contract and the GTC, and any matters not expressly covered therein, shall be governed by the Civil Code and, where the other party is a consumer, by Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the “Consumer Protection Act”) .
II. Information on the goods and prices
- All information on the goods, including the prices and main properties of specific items , are set out in the catalogue made available at the Website in respect of each individual item. The prices are indicated both inclusive and exclusive of the value added tax and all delivery fees. The prices of the goods apply as long as they are displayed in the catalogue at the Website. This provision does not prevent the parties from agreeing on individualised prices under their purchase contract .
- All goods presentations displayed in the Website catalogue are for reference only and the Seller is not obliged to enter into a purchase contract regarding the goods displayed.
- For information on the packaging and delivery costs for the goods see the Website catalogue.
III. Form and essentials of an order
- The Buyer shall order the goods by placing electronic orders (sent by email or placed using the order form available at the Website), written orders, orders placed over-the-phone or personal orders. The Seller shall not be responsible for the products the Buyer selects or the quantity thereof , as the Seller assumes, reasonably and in good faith, that the Buyer possesses full legal capacity and is capable of assessing the consequences of their actions; that the Buyer has made their choice of their free will, considering all circumstances and exercising regular care and caution, or on the basis of their professional knowledge or experience, and confirmed their decision by sending an order. Where the Buyer is a legal entity, the Seller assumes, reasonably and in good faith, that a person authorised to act on behalf and for the account of the Buyer as per the Civil Code has selected the goods to be purchased and the quantity thereof.
- All orders received are deemed to be binding upon the Buyer even if the Buyer provides any incorrect data or data in incorrect form.
- The essentials of an order are as follows:
a) Buyer’s identification and contact details;
b) place of delivery;
c) specification of the goods being ordered;
d) quantity of the goods being ordered;
e) method of transportation;
f) required delivery date.
- By placing an order, the Buyer unreservedly consents to all provisions of the present GTC, as in force on the day of placing the order, and to the price of the ordered goods, as on the day of placing the order (including any shipping and carriage costs) indicated in the price list available at the Website, unless otherwise agreed on a case-by-case basis.
- An order placed by the Buyer is irrevocably binding upon them during the goods delivery period specified in the order. The Buyer may cancel the order at any point before they receive a notification of order receipt from the Seller. The Buyer may cancel their order by sending a notice to the Seller’s email indicated in the present GTC. For reasons of legal certainty on the part of the Buyer, the Seller will not accept order cancellations made over the phone unless they are confirmed by email on the very same day. An order may also be cancelled at a later point provided the Seller agrees to this.
IV. Order verification
- The Seller may check any order with the Buyer, or refuse or not deliver on any order, especially if they believe the performance could damage their reputation, if they have any doubts as to the intentions of the Buyer (mainly by checking any public register of debtors, the Buyer’s transactional history, their refusal to accept delivery on any earlier orders, any overdue debts to the Seller, etc.). The Seller may refuse to delivery on an order if the delivery could worsen their economic situation.
- Where the Seller has made a clear technical error when indicating the price of the goods at the Website, or during ordering, the Seller shall not obliged to deliver the goods to the Buyer at such clearly incorrect price. The Seller shall inform the Buyer of the error without undue delay and send an amended offer to the Buyer’s email address indicated in the order. The as-amended offer shall be regarded as a new draft purchase contract and the contract shall then only be deemed to have been formed after acceptance is confirmed by the Buyer at the Seller’s email address.
V. Order confirmation
- The Seller shall confirm receipt of an order to the Buyer by sending an acknowledgement of receipt to the email address the Buyer has specified in their order, or, in exceptional cases, over the phone, especially for urgent delivery requests. The Seller shall confirm the order without undue delay depending on their operating capacity.
- In the event that the Seller cannot fulfil any of the requirements specified in the order, the Seller shall send an amended offer to the Buyer’s email address. An amended offer shall be regarded as a new draft purchase contract and the purchase contract shall then be deemed to have been formed once the Buyer confirms acceptance of the new offer to the Seller at the latter’s email address specified in the present GTC
VI. Delivery terms, delivery date
- The goods shall be delivered to the Buyer at the address they have specified in the order. The Buyer shall indicate the selected delivery method in the order. The Buyer can choose delivery via International Shipping – EU.
- The delivery costs, depending on the method of dispatch and receipt of the goods, shall be specified in the Buyer’s order and in the Seller’s order confirmation. If the method of carriage is agreed on the basis of a special request placed by the Buyer, the Buyer shall bear the risk and any additional costs associated with the selected method of carriage.
- If, under the purchase contract, the Seller is obliged to deliver the goods to a place specified by the Buyer in the order, the Buyer shall be obliged to accept the goods upon delivery. If, for reasons attributable to the Buyer, the delivery must be repeated or the goods must be delivered in a different way than specified in the order, the Buyer shall bear the costs associated with the repeated delivery or those associated with the other method of delivery.
- Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging and if they identify any defects, they shall immediately notify the carrier. If the Buyer finds out the packaging has been tampered with, indicating someone may have interfered with the delivery, the Buyer does not have to accept the shipment from the carrier.
- The title to the goods shall pass to the Buyer at the time of delivery or payment for the goods, whichever occurs later. The risk of damage to the goods shall pass to the Buyer upon receipt of the goods or once the Buyer becomes obliged to accept the goods, but fails to do so in violation of the purchase contract. Any damage to the goods after the passage of the risk of damage to the goods to the Buyer shall be without prejudice to the Buyer’s obligation to pay the purchase price of the goods, unless the damage is attributable to a breach of the Seller’s obligations.
- The Seller shall deliver the goods within 7 business days if the goods are in stock, but in any event within 30 business days of receiving a valid order and payment of the purchase price. However, the Seller will not deliver the goods until the Buyer has paid the purchase price; the delivery time-limits set out above shall not apply until the Buyer has paid the purchase price. In some cases, the Seller may extend the time limit for delivery to up to 4 months, or to such a period of time as is specified by the manufacturer/supplier, especially for custom goods ordered by the Buyer. The Buyer may withdraw from the contract in the event that the additional period is exceeded, except for custom goods made specifically at the Buyer’s order, as such orders cannot be cancelled or withdrawn. If the Buyer is late with the acceptance of the goods, the Seller may sell the goods to a third party after the Seller has given the Buyer, who is late with the acceptance, a reasonable period of time to accept the goods. This also applies where the Buyer is late with the payment of the purchase price, which is a precondition to delivery.
- The Seller reserves the right to use various types of sales channels and selling formats at the same time. The Seller may only deliver the goods while the supplies last. For this reason, the stock availability designation is for reference only and in exceptional circumstances the supplies may be sold out before a customer’s order is received or processed.
VII. Payment terms, discounts, prices
- The Buyer may pay the price for the goods and any costs associated with the delivery under the purchase contract in the following ways
– by wire transfer to the Seller’s bank account specified in the heading of the present GTC;
– by payment card using a payment gateway in accordance with the instructions of the electronic payment provider concerned where the payment acceptance system established with the Seller at the time of the payment allows this;
- Along with the purchase price, the Buyer is obliged to compensate the Seller for any costs associated with the packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise below, the purchase price includes all packaging and delivery costs in respect of the goods.
- The purchase price for the goods is payable upon receipt of the goods at the latest. A later payment date is possible following prior agreement with the Buyer under a separate purchase contract.
- For non-cash payments, the Buyer’s obligation to pay the purchase price shall be deemed fulfilled when the amount concerned is credited to the Seller’s bank account.
- The Buyer may pay the price by wire transfer against an issued advance invoice to be sent to them by the Seller for the purpose of reserving the goods.
- After delivery of the goods, the Seller will issue a proper fiscal receipt/invoice to the Buyer. The fiscal receipt shall be sent to the Buyer’s email address specified in their order, or in a different way if the Seller and the Buyer agree.
- If the Buyer is late in paying the purchase price for the goods, the Buyer shall pay the Seller a contractual fine equivalent to 0.05% of the amount due for each calendar day of the delay.
- Regular customers or customers who collect a larger quantity may benefit from discounts under a framework purchase contract. The discounts will be published at the Seller’s Website and/or will be agreed between the Seller and the Buyer on a case-by-case basis.
VIII. Personal data protection
- The personal data of the Buyer, who is a natural person, are protected under Act No. 101/2000 Coll., on the protection of personal data, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC.
- The Buyer agrees to the processing of the following personal data: name and surname, residential address or registered office, identification number, tax identification number, email address (email, data box), telephone number (hereinafter collectively referred to as “personal data”).
- The Buyer agrees to the processing of their personal data by the Seller for the purposes of exercising the rights and obligations inherent in the purchase contract. Unless the Buyer chooses another option, they agree their personal data may also be processed for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of the full set of their personal data as per this Article is not as such a precondition to the formation of the purchase contract.
- The Buyer understands they are obliged to provide their correct and true personal data when placing their order, and that they are also obliged to inform the Seller without undue delay of any changes to their personal data if the change occurs during at any point between order processing and delivery of the goods. The obligation under the first sentence of this paragraph shall not expire with the delivery of the goods.
- The Seller may entrust the processing of the Buyer’s personal data to a third party as a data processor. The Seller shall not transfer the personal data to any third parties, except to the persons in charge of the carriage of the goods, without the prior consent of the Buyer.
- The personal data will be processed for an indefinite amount of time. The personal data will be processed in electronic format, using automated means, or in printed format, using other than automated means.
- The Buyer confirms that the personal data provided are accurate and they have been informed that the personal data are provided on a voluntary basis.
- If the Buyer believes the Seller or processor processes their personal data in a manner that infringes on their right to the protection of their private and personal life or in an unlawful manner, especially if the personal data are inaccurate with respect to the purpose of their processing, the Buyer may:
– ask the Seller or processor for a clarification,
– request that the Seller or the processor eliminate the condition thus created.
- If the Buyer requests information on the processing of their personal data, the Seller shall provide such information. The seller may charge a reasonable fee for providing the information not exceeding the costs necessary for the provision of the information.
IX. Withdrawal from the contract
- The Buyer has the right to withdraw from the purchase contract if any of the reasons set out in the relevant law applies (Civil Code, Consumer Protection Act). If any of the reasons for withdrawal applies, the Buyer may withdraw from the purchase contract within 14 days of the reason for withdrawal occurring. The notice of withdrawal must be delivered to the Seller within the aforementioned time limit.
- The Buyer understands that due to the nature of the goods sold and the fact that any damage to the original packaging of the goods will cause the quality of the goods to deteriorate,, withdrawal from the contract is not an option, and the goods may not be returned other than in their undamaged original packaging. The Seller may refuse acceptance of any goods returned in damaged original packaging. The Buyer is not entitled to a refund of the purchase price if they return the delivered goods other than in undamaged original packaging. This provision applies to any Buyer, regardless of whether they are a consumer or a person who has entered into the purchase contract as part of their business or trade, or any other person or public authority.
- A Buyer who has entered into the purchase contract outside their business or trade, as a consumer, shall have the right to withdraw from the purchase contract, provided that the purchase contract was concluded remotely in the sense of Section 1824 et seq. of the Civil Code. The withdrawal period is 14 days from the day of receipt of the goods. In order to comply with the set withdrawal period, the Buyer who is a consumer must send a notice of withdrawal within the withdrawal period.
- The Buyer shall send the notice of withdrawal to the email address of the Seller or by registered mail to their Contact Address, or they may deliver the notice in person to the address of the Seller’s registered office.
- A Buyer who legitimately withdraws from the contract in accordance with the the conditions set out in the GTC shall return the goods to the Seller within 14 days of withdrawal. The Buyer shall bear the costs associated with the return of the goods to the Seller, including where the goods, due to their nature, cannot be returned by regular mail.
- If the Buyer legitimately withdraws from the contract in accordance with the conditions set out in the GTC, the Seller shall refund to them all funds received from the Buyer, using the same payment method, without undue delay and in any event within 30 days of the withdrawal from the contract or return of the goods to the Seller, whichever occurs later. The Seller shall return the received funds to the Buyer using a different payment method only if the Buyer has agreed to this and if the Buyer does not incur any additional costs as a result. If the Buyer withdraws from the purchase contract, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer transmits the goods or provides evidence that they have sent the goods to the Seller to their Contact Address or to the address of the Seller’s registered office.
- The Seller may withdraw from the purchase contract on account of their supplies having been sold out, due to unavailability of the goods and/or material used to produce the goods, or if the manufacturer, importer or supplier of the goods and/or material who used to manufacture the goods has discontinued the production or import of the goods and/or material used to manufacture the goods. The Seller shall immediately inform the Buyer at the latter’s email address specified in the order and return to them all funds received from the Buyer, using the same payment method or such payment method as may be specified by the Buyer, without undue delay and in any event within 14 days of the notice of withdrawal from the purchase contract.
X. Defect liability claims and warranty claims
- The Seller shall be liable for any defects in the goods at the time of delivery to the Buyer. The Seller shall be liable to the Buyer that at the time of acceptance by the Buyer:
– the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, the goods have the characteristics that match the Seller’s or manufacturer’s description, or such that the Buyer expected with regard to the nature of the goods and on the basis of the advertising produced by the Seller;
– the goods are fit for the purpose indicated by the Seller or for the purpose goods of this kind are normally used;
– in terms of the quality level or workmanship, the goods match the contracted sample or model, if the quality standard or workmanship was determined to an agreed sample or model;
– the goods are delivered in the appropriate quantity, measure or weight; and
– the goods comply with the requirements of the applicable law.
- The Seller warrants to the Buyer that the goods will keep all of the agreed characteristics as per the specification in the purchase contract or any usual characteristics throughout the warranty period. The warranty period is 12 (twelve) months from the date of delivery of the goods to the buyer. If a defect is identified during the warranty period, the goods shall be presumed to have been faulty already at the time of being accepted and the Buyer may claim the goods within 30 days from the date of the identification of the defect at the latest. If the complaint is accepted, the Buyer has the right to have the goods replaced with new goods.
- The warranty does not cover any faults resulting from regular wear and tear, inadequate storage and maintenance, non-compliance with any standards, subjection of the goods to excessive loading, improper use, use of non-original spare parts without prior written permission from the Seller, as well as any other causes not attributable to the Seller.
- The Seller shall not be liable for the fitness and effectiveness of the goods if the latter are used for any purpose other than that for which they were intended and/or for which they are normally used, or if the goods are used in a manner different from that recommended by the GTC or the Seller and/ or in which they are commonly used, even if the Buyer has informed the Seller of such intended use thereof. The seller shall not be liable for any defects of the goods if the Buyer, before accepting the goods, knew the goods had such defects or if the defects had been caused by the Buyer themselves.
- The Buyer, if they entered into the purchase contract outside their trade or business, may exercise their defect liability claims for
goods within twenty-four (24) months of acceptance thereof. If a defect is identified, the Buyer may file a complaint regarding the defect and demand:
– replacement with new goods,
– repair of the goods,
-reasonable discount on the purchase price.
- The Buyer, if they entered into the purchase contract outside their trade or business, may withdraw from the purchase contract, or the relevant part thereof as the case may be, due to defective performance:
• if the goods exhibit a substantial defect,
• if the Buyer cannot use the item properly due to the repetitive occurrence of a defect or defects after the goods have been repaired or replaced,
• in the event of a larger number of defects in the goods.
- The Seller shall accept any complaint in person, at their registered office, at the Contact Address, or remotely on the basis of a complaint report sent to the Contact Address along with the defective goods. The Seller shall issue a written confirmation to the Buyer indicating when the Buyer exercised the right, what the content of the complaint is and the way in which the Buyer requires that the complaint be handled, as well as confirmation of the date and method of handling the complaint, or a written statement of grounds for rejecting the complaint.
- The Seller shall take a decision regarding the complaint without undue delay. The complaint must be settled within thirty (30) days of being applied unless the Seller and the Buyer agree on a longer time limit. The lapse in vain of the time limit shall be regarded as a material breach of contract and the Buyer shall have the right to withdraw from the purchase contract. A complaint shall be deemed applied once the Buyer’s expression of will (application of the defect liability claim) is received by the Seller.
- The seller shall inform the Buyer in writing on the outcome of the complaint procedure at the Buyer’s email address indicated in the complaint report, or in another suitable manner.
- The Buyer shall not be entitled to any defect liability or warranty claim if the Buyer the item concerned was defective prior to accepting the item or if the defects is attributable to the Buyer.
XI. Damage compensation and force majeure
- If either party becomes entitled to damages from the other party i the context of a purchase contract and delivery of the goods, regardless of the legal ground, the damages shall be limited to 10 % of the overall price of the goods delivered. The aforementioned limit of damages has been agreed as the aggregate sum of all claims to damages of the entitled party. For the avoidance of doubt, it has been agreed that the aforementioned limitation of damages shall not apply where such limitation is excluded under the applicable law. The Seller shall not be liable for any damage incurred by the Buyer or a third party as a result of using the goods in violation of the applicable law, the present GTC, any individual purchase contract or other arrangements between the parties; or in violation of the Seller’s recommendations; or as a result of using the goods otherwise than the goods are intended to be used or are normally used; using the goods in ways that are incompatible with their characteristics; or using the goods in ways that violate the Seller’s recommendation (and)or in ways they are commonly used; and the Seller shall not liable for damage caused by any defects in the goods of which the Buyer was aware or which have been caused by the Buyer. Lost profits are not reimbursed, at their usual or actually demonstrated amount.
- Neither contracting party shall be liable for their failure to comply with any of their obligations, either in part or in full, if the failure is the result of a force majeure event unless it can be reasonably assumed that the obligated contracting party could overcome the obstacle or the consequences thereof or that it could reasonably foresee the aforementioned obstacle at the time of assuming the contractual obligation, and if the event is beyond the reasonable control of the contracting party. An event that precludes the liability of either contracting party includes, without limitation, any lockout, strike, epidemic, fire, natural disasters, war, embargo, state or EU measures, including anti-dumping measures. A contracting party that is prevented from complying with their obligation by a force majeure event shall inform the other contracting party in writing with no undue delay and in any event within 7 (seven) days of the onset of the force majeure event and shall further inform the other contracting party in writing of the end of the force majeure event within 7 (seven) days. If the force majeure event lasts for more than 30 (thirty) days during the term of the purchase contract, either contracting parties may withdraw from the contract. An event which only arose after the obligated party was already late in complying with their obligations or an event which arose out of either contracting party’s economic situation shall not be regarded as force majeure events.
XII. Final provisions
- The present General Terms and Conditions apply as in force at the Seller’s Website on the day of an electronic or written order is placed, unless otherwise agreed between the contracting parties in writing. If the Buyer places their order after the day on which the General Terms and Conditions were amended, the Buyer shall be deemed to agree to the amendment. The Buyer confirms they have read the present GTC, understand all the arrangements, conditions and/or rights and obligations inherent in the GTC and expressly agrees to them by placing/confirming their order.
- The contracting parties may also deliver all mutual written correspondence via email, at the email address of the Seller specified in the heading of the present GTC and the email address of the Buyer specified in the order.
- All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the contracting parties agree that the relationship shall be governed by Czech law. This is without prejudice to any consumer rights inherent in generally binding law.
- The contracting parties have agreed any disputes arising out of the purchase contract between them shall be resolved by the District Court of Plzeň-město as the court having the substantive and local jurisdiction, or the Regional Court in Plzeň depending on their jurisdiction.
- The following authority has jurisdiction for out-of-court settlements of any consumer disputes arising out of the purchase contract:
– Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID No.: 000 20 869, website:
– The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used in resolving disputes between the Seller and the Buyer arising out of the purchase contract.
– The European Consumer Centre Czech Republic, with its registered office, website: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
- The Seller may amend or add to the text of the General Terms and Conditions. This shall be without prejudice to the rights and obligations that arose during the term of the previous version of the General Terms and Conditions.
The present General Terms and Conditions come into force on 22 April 2020