Terms and Conditions
These General Terms and Conditions for entrepreneurs and legal persons (hereinafter referred to as the "Terms and Conditions") apply to agreements concluded through the online store EUROstand located on the web interface www.proexposhop.com hereinafter only "web interface") between the company:
EUROstand, s.r.o., registered office Železná 663/5, 619 00 Brno - Horní Heršpice
Company Reg. No..: 25577476
VAT No..: CZ25577476
registered in the Commercial Register kept at the Regional Court in Brno, Section C, File 35145
delivery address: Bohunická cesta 834/17, 664 48 Moravany
phone number: + 420 543 422 140
contact email: firstname.lastname@example.org
as the Seller
and the entrepreneur or legal person
as the Buyer
(both collectively referred to as the "Contracting Parties").
1. Introductory provisions
1.1. The Terms and Conditions define and specify the fundamental rights and obligations of the Contracting Parties in concluding a Purchase Agreement or other agreements herein (hereinafter referred to as the "Agreement") through the web interface.
1.2. The provisions of the Terms and Conditions are an integral part of the Agreement. Provisions derogating from the Terms and Conditions may be negotiated in the Agreement. Should the provisions of the Agreement and the provisions of the Terms and Conditions be in conflict, the provisions of the Agreement prevail. The wording of the Terms and Conditions may be amended or supplemented by the Seller. The rights and obligations of the Contracting Parties are always governed by the wording of the Terms and Conditions in which they came into effect. The rights and obligations of the Contracting Parties are also governed by the Complaint Rules for Entrepreneurs and Legal Persons and by conditions and instructions stated on the web interface, particularly when concluding an Agreement. In matters not dealt with here, the relations of the Contracting Parties are governed by the laws, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").
1.3. These Terms and Conditions apply to buyers who are entrepreneurs, and legal persons. Agreements concluded with a consumer are not subject to these Terms and Conditions.
1.4. The Buyer acquires ownership of the goods by paying the entire purchase price, but not before he/she takes over the goods.
1.5. By sending an order, the Buyer confirms that he/she has become acquainted with these Terms and Conditions and agrees with their content.
2. Order and conclusion of the Agreement
2.1. The web interface includes a list of goods including a description of the main features of each item. The presentation of the goods displayed on the web interface is of an informative nature and it is not a proposal of the Seller to conclude an agreement within the meaning of Section 1732 (2) of the Civil Code. For the conclusion of the agreement, the Buyer must send an order and this order must be accepted by the Seller.
2.2. The Buyer carries out the order via the web interface, or in another way specified on the web interface or according to the agreement of the Contracting Parties. The order must always contain the exact name of the ordered goods (if applicable the number of the goods), the number of items, the payment and shipping method chosen and the Buyer's contact details (name and surname or company name, identification number, delivery address, telephone number, e-mail address ). The Buyer is required to prove that he/she is an entrepreneur by entering a valid identification number into the order.
2.3. On the web interface, the Seller enables the ordering of prints of presentation tables, banners, stands and related promotional items (hereinafter "printing services"). In case of interest, the Buyer will fill in the order under Article 2.2 of the Terms and Conditions and will choose the appropriate variant of the goods or, if appropriate, communicate his/her interest in the printing services to the Seller in another way.
2.4. Texts or image materials such as photographs or graphic works (hereinafter "print data") to be used for printing services shall be sent by e-mail by the Buyer.
2.5. The Seller does not keep the print data provided for further orders of the Buyer. If you submit a new order, you must enter new print data, unless otherwise agreed between the parties.
2.6. By sending the print data, the Buyer grants the Seller the consent to use the print data for the Seller's marketing purposes, in particular by displaying the print data on the web interface.
2.7. The print data can be handed over in the formats, colors, and dimensions that are set on the web interface. When forwarding the print data, the Buyer is required to proceed in accordance with the information and instructions posted on the web interface. If the Buyer fails to submit the print data to the Seller or if it is not handed over in the stated form and the Buyer does not remedy the deficiency, the Buyer is obligated to pay the Seller the costs it has already incurred in connection with the required performance.
2.8. If the wrong print data is handed over (for example, bad print data resolution), the Seller is not responsible for the faulty performance.
2.9. Only the print data for which the Buyer has the appropriate authorization and which does not violate the valid legal regulations of the Czech Republic can be passed on to the Seller. In particular, it is prohibited to pass on to the Seller print data that:
are by their nature, pornography or child pornography;
display violence to man or animals;
infringe the copyrights of third parties,
or otherwise violate applicable Czech legislation or good morals.
2.10. The Seller does not bear any responsibility for the provided print data. In the event that any performance is enforced on the Buyer as a result of a breach of applicable Czech legislation in connection with printing data, it is not entitled to claim any compensation from the Seller.
2.11. The Seller is not obliged to confirm the received order. An unconfirmed order is not binding for the Seller. The Seller is entitled to verify the order in case of doubt about the authenticity and seriousness of the order. An unverified order may be rejected by the Seller. Also, if the price of the goods is clearly mistaken on the web interface, the Buyer is not obligated to enter into an agreement with the Seller, or, as the case may be, the Seller is not obligated to deliver the goods for the obviously erroneous price to the Buyer.
2.12. The agreement is concluded at the moment the Buyer receives the acceptance of the binding order on the part of the Seller.
2.13. If the Buyer cancels the order, the Seller is entitled to a cancellation fee of 50% of the price of the goods. If the Seller has already incurred costs in connection with the Agreement, it is entitled to the reimbursing of this reasonably incurred expenditure in the full amount.
3. Delivery terms
3.1. The Seller is obliged to deliver the goods to the Buyer in the agreed manner, duly packaged and equipped with the necessary documents. Unless otherwise agreed, the documents are provided in the Czech language.
3.2. Based on the agreement of the Contracting Parties, the Seller can arrange goods transport and insurance of the goods during transport for the Buyer. The Buyer is obligated to pay for the transport and insurance costs according to the applicable tariff of the carrier. The delivery of the goods to the Buyer is deemed to be the delivery of the goods to the first carrier. By delivering the goods, the risk of damage to the goods is passed on to the Buyer.
3.3. Before the goods are taken over, the Buyer is required to check the integrity of the goods packaging and notify the carrier of any defects without delay. A report will be written up about the defects. If a defect report is not written up, the Buyer loses the claims arising from the damaged packaging.
3.4. Immediately after the goods have been taken over, the Buyer is required to check the goods, in particular he/she is required to check the number of pieces of goods and their completeness. In the event of the finding of an inconsistency, the Buyer shall notify the Seller without undue delay, but no later than within 2 business days of receipt of the goods. The Buyer is obliged to document the identified defects and send the documentation to the Seller together with the notification of the defect.
3.5. The non-acceptance of the goods by the Buyer is without prejudice to the Seller's right to demand full payment of the purchase price.
4. Payment terms
4.1. The Buyer has the option of paying the purchase price for the goods to the Seller in another manner than listed on the web interface or individually agreed upon in any of the following ways:
in cash when sending the goods by cash on delivery or during personal pick-up (at one of the Seller's branches listed on the web interface);
by cashless payment before delivery of the goods by transfer to the bank account of the Seller on the basis of an advance invoice;
by cashless payment upon delivery of the goods by transfer to the Seller's bank account on the basis of a tax invoice (invoice) at the time of payment indicated on the invoice.
The Seller is entitled not to allow the payment of the goods after delivery of the goods. This payment method is generally reserved for regular customers. Unless otherwise agreed, the invoice is sent electronically to the e-mail address of the Buyer.
4.2. When paying in cash, the price is payable upon receipt of the goods. In the case of a cashless payment, the price is payable within five days of receipt of the order, unless agreed otherwise by the Contracting Parties. In the case of non-cash payment based on a tax invoice (invoice), the price is payable according to the information on the invoice. The Buyer's obligation to pay the price of the goods is, in the case of a cashless payment, fulfilled when the amount is credited to the Seller's account.
4.3. The Parties agree and arrange that all tax documents under this Agreement may be issued, delivered, accepted and used in full in electronic form in accordance with the applicable legal regulations instead of the documentary form. In view of the foregoing, the parties agree to the method of delivering Company invoices in electronic form to its e-mail address provided in the header of this Framework Agreement.
4.4. Failure to meet the due date under these terms and conditions may result in the Buyer being charged with default interest of 0.5% of the outstanding amount for each day of delay. The Seller's claim for damages incurred by the Buyer's delay is not affected.
4.5. In the event of the Buyer defaulting with the payment of the price of the goods, the Seller is also entitled to suspend further agreed deliveries of the goods up to the moment of payment of all the Buyer's outstanding debt
4.6. Payment for goods is possible in Czech crowns (CZK) or in euros (EUR).
5. Withdrawal from the agreement
5.1. The Seller is entitled to withdraw from the purchase agreement at any time up until the receipt of the goods by the Buyer. In that case, the Seller returns to the Buyer the purchase price already paid by the Buyer by cashless payment on the account notified to it by the Buyer for that purpose or the account from which the funds were redeemed to pay the purchase price (if the Buyer does not notify the Seller of one within 5 days of withdrawal).
5.2. The Seller is also entitled to withdraw from the contract if the Buyer is in delay with the payment of the purchase price of the goods for more than 4 weeks. At the same time, the Seller is entitled to a contractual fine of 50% of the price of the goods.
5.3. The Buyer is entitled to withdraw from the agreement if the Seller is in delay with the delivery of the goods for more than 4 weeks from the agreed delivery date.
5.4. The Buyer is not entitled to withdraw from an agreement for goods that have been delivered properly, timely and without defects.
5.5. Withdrawal from the agreement must be done in writing and, in the case of agreements negotiated electronically, also by electronic means. Withdrawal from the agreement is effective upon the delivery of a notice of termination to the other party.
5.6. If a gift has been given together with the goods, the gift agreement shall be terminated by the withdrawal of any of the Contracting Parties' effectiveness.
6. Rights from defective performance
6.1. The conditions for claiming defective performance and warranty liability are governed by the Complaint Rules for Entrepreneurs and Legal Persons of the Seller.
7. Protection of trade secrets and the Seller's business policy
7.1. When negotiating an Agreement and performing it, information that is classified as confidential or whose confidentiality is due to its nature may be communicated to the Buyer. Regarding such information, the Buyer undertakes to:
keep it confidential;
not to provide it to another person without the consent of the Seller;
not to use it for any purpose other than the performance of the Agreement;
not to use it in any other damaging way.
7.2. Furthermore, the Buyer agrees that he/she will not, without the Seller's consent, make copies of the materials submitted to him/her by the Seller.
8. Registration on the web interface
8.1. By registering through the registration form on the web interface, a user account is established. The Buyer is obliged to keep the access data in the user account secret. The Seller is not responsible for any third party abuse of a user account.
8.2. The information provided during registration must be true and complete. If false or incomplete information is used to establish an account, the Seller can cancel it without compensation. In the event of changes in the Buyer's data, the Seller recommends that they be promptly modified in the user account.
8.3. Through a user account, the Buyer can primarily order goods, track orders, and manage a user account. Any other user account features are always listed on the web interface.
8.4. The Buyer acknowledges that the Seller has the right to cancel the User Account of the Buyer without compensation if his / her account violates good morals, applicable law or these Terms and Conditions.
9. The protection of copyright, liability and the use of the web interface
9.1. The content of websites placed on the web interface (texts, including the Terms and Conditions, photographs, images, logos, software, and more) is protected by the copyright of the Seller or the rights of others. The Buyer may not change, copy, duplicate, distribute or use the content for any purpose without the consent of the Seller or the consent of the copyright holder. In particular, it is forbidden to make free or charge for access to photos and texts placed on the web interface. The names and labels of products, goods, services, firms and companies may be registered trademarks of their respective owners.
9.2. The Seller is not responsible for any errors resulting from third party intervention in the web interface or as a result of its use contrary to its intended purpose. When using a web interface, the Buyer may not use procedures that could disrupt the system's functionality or overload the system.
9.3. If the Buyer during the use of the web interface commits any unlawful or unethical behavior, the Seller is entitled to restrict, suspend, or terminate the access of the Buyer to the web interface without any compensation. In this case, the Buyer is also obliged to pay the Seller damages that are demonstrably incurred by the Buyer's actions under this paragraph, in the full amount. The Seller warns that by clicking on any of the links to the web interface, you may be led away from the web interface and be redirected to third-party websites.
10. Final provisions
10.1. If the relationship relating to the use of the web interface or the legal relationship established by the Agreement contains an international (foreign) element, then the Contracting Parties agree that the relationship is governed by Czech law (excluding the use of the UN Convention on Contracts for the International Sale of Goods).
10.2. If any provision in the Terms and Conditions is invalid or ineffective or unenforceable, or becomes so, a provision whose meaning comes closest to the invalid provision shall be used instead of the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision is without prejudice to the validity of the other provisions. Amendments and supplements to the Agreement or Terms and Conditions must be performed in writing.
These Terms and Conditions are valid and effective from 22 October 2018.