Terms and Conditions
These general terms and conditions (hereinafter referred to as "terms and conditions") apply to contracts concluded between the company:
KORCHEM s.r.o.
Blučina No. 703
664 56 Blučina
IČ: 277 36 253 DIČ: CZ27736253
Company registered in KS in Brno, section C insert 55573
Correspondence and delivery/shipping address:
KORCHEM s.r.o.
Mlýnská 668
683 52 Křenovice
Telephone number: +420 777 308 929 Contact e-mail: info@korchem.cz, asistentka@korchem.cz
as the supplier on one side and a legal or natural person as the customer on the other side (both hereinafter jointly referred to as the "contracting parties").
I. INTRODUCTORY PROVISIONS
1.1. The terms and conditions define and specify the basic rights and obligations of the contracting parties when concluding a contract for the sale of goods or another contract mentioned herein (hereinafter collectively referred to as the "contract").
1.2. The provisions of the terms and conditions are an integral part of the contract. Provisions deviating from the terms and conditions can be agreed upon in the contract. Deviating arrangements in the contract take precedence over the provisions of the terms and conditions. The supplier may change or supplement the wording of the terms and conditions. The rights and obligations of the contracting parties are always governed by the wording of the terms and conditions under which they arose. The rights and obligations of the contracting parties are also governed by the conditions and instructions stated on the supplier's website or in the accessories of the supplier's online store (e-shop) when concluding the contract through the online store. In matters not regulated herein, the relations between the contracting parties are governed by legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code").
1.3. By sending an order, the customer confirms that they have familiarized themselves with these terms and conditions and agree with their content.
II. ORDER AND CONCLUSION OF THE CONTRACT
2.1. The subject of the contract is the delivery of goods listed in the supplier's catalog in the online store, or other goods specified by a written agreement of the contracting parties. The catalog of goods contains a list of goods including a description of the main properties of individual items. It is an informative presentation, not a proposal from the supplier to conclude a contract in the sense of the provisions of Section 1732 (2) of the Civil Code. To conclude a contract, the customer must accept the supplier's offer or send an order, and the supplier must accept this order.
2.2. The customer places an order mainly by means of remote communication, i.e., through the online store, by phone, email, or other methods allowed by the supplier. The order must always contain the exact name of the ordered goods (or catalog designation), the number of units of goods or otherwise specified quantity, the method of payment and delivery, the size and type of packaging, the purchase price, and the customer's contact and billing details, including name and surname or company name, identification number, possibly tax identification number, address of the registered office, delivery address, telephone number, and email address. In the case of a legal entity, the customer is also obliged to prove that they are an entrepreneur upon the supplier's request by submitting a trade license or other authorization or an extract from the relevant register.
2.3. The supplier is not obliged to confirm the received order. An unconfirmed order is not binding for the supplier. The supplier is entitled to verify the order in case of doubts about the authenticity and seriousness of the order. The supplier may reject an unverified order.
2.4. The contract is concluded at the moment when the customer receives a binding confirmation of the order. The acceptance of the offer by the supplier with any deviation is considered an invitation to submit a revised order by the customer. The contract is concluded only if the supplier accepts the order or the revised order without any reservations (Section 1740 (3) of the Civil Code does not apply).
III. PAYMENT TERMS
3.1. The purchase price and any related costs agreed in the contract (transportation, etc.) can be paid in one of the following ways:
3.1.1. before delivery of the goods:
3.1.2. upon receipt of the goods:
3.1.3. after delivery of the goods:
3.2. The supplier is entitled to disallow payment for the goods at or after delivery. Unless otherwise agreed, the invoice – tax document is sent only electronically to the specified email address of the customer.
3.3. In case of the customer's delay in paying the purchase price, the supplier is entitled to charge the customer interest on late payments in the amount of 0.1% of the owed amount for each day of delay. The supplier's claim for compensation for damages incurred by the customer's delay is not affected. In case of the customer's delay in paying the purchase price exceeding 10 working days, the supplier is entitled to withdraw from the contract.
3.4. In case of the customer's delay in paying the purchase price or any part of it, the supplier is also entitled to suspend further agreed deliveries of goods until the full payment of all due liabilities of the customer.
3.5. Unless otherwise agreed, the total invoiced amount stated on the invoice is due within 14 calendar days from the date of invoice issuance.
3.6. The customer is entitled to return the issued invoice – tax document to the supplier within 10 days of receipt if it does not contain the necessary particulars according to the applicable legal regulations or has other substantial defects, and to notify the supplier of the reasons for returning the invoice.
IV. DELIVERY OF GOODS
4.1. The methods of delivery of goods and the costs of delivery are regulated according to the chosen type of delivery by the customer. These costs are governed by the price lists of the relevant carrier.
4.2. The delivery time depends on the current availability of goods and is agreed upon in the order.
4.3. The supplier is obliged to deliver the goods to the customer in the agreed manner, properly packaged, and with the necessary documents. The necessary documents include, in particular, safety data sheets and other documents necessary for the receipt and use of the goods. The necessary documents will be sent to the customer by email or other alternative means. If it is a repeated delivery of goods, the initially sent Safety Data Sheets are valid until their revision and are not repeatedly sent. The documents are provided in the Czech language.
4.4. The customer is obliged to pay the delivery costs in the amount corresponding to the delivery conditions chosen by the customer. The customer is obliged to ensure the receipt of the goods by an authorized person of the customer at the specified place.
4.5. At the customer's request and at the customer's expense, the supplier may also arrange for the insurance of the goods during transportation.
4.6. If the customer arranges for their own transportation, the goods will be prepared for the customer at the supplier's dispatch warehouse. The specific place and date for picking up the goods, if not specified in the contract, will be communicated to the customer by email, phone, or SMS message.
4.7. Before receiving the goods, the customer is obliged to check the integrity of the packaging and immediately report any defects to the carrier. A protocol will be drawn up regarding the defects. If a protocol of defects is not drawn up, the customer loses claims arising from the damaged packaging of the goods.
4.8. Immediately after receiving the goods, the customer is obliged to check the goods, in particular, to check the number of units of goods and their completeness. In case of discrepancies, the customer is obliged to notify the supplier without undue delay, but no later than within 3 working days of receiving the goods. The customer is obliged to appropriately document the discovered defects and send this documentation to the supplier along with the defect notification.
4.9. Upon delivery of the goods or at the moment when the customer is allowed to handle the goods (regardless of whether the customer takes over the goods or not), the ownership right to the goods and the risk of damage to the goods pass to the customer.
4.10. If the customer does not take over the goods at the specified delivery address and not even within an additional period and at the place determined by the supplier, while the substitute time and place for receiving the goods may be determined by the supplier with regard to the nature of the goods and additional costs associated with the replacement delivery, the supplier is entitled to a contractual penalty of 10% of the agreed price of the goods and compensation for costs associated with further transportation, storage, and warehousing of the goods. The supplier is also entitled to withdraw from the contract. If the supplier exercises its right to withdraw from the contract, it is entitled to set off all its claims due to the customer's failure to take over the goods against the customer's claim for the return of the purchase price, including the contractual penalty to which it was entitled before withdrawing from the contract.
V. PACKAGING
5.1. All goods are delivered either in standard packaging (canisters) or in so-called bulk packaging. All packaging used by the supplier meets the conditions for placing packaging on the market according to Act No. 477/2001 Coll., as amended.
5.2. Returnable packaging includes canisters, barrels, containers, and pallets. Returnable packaging is marked as such; otherwise, it is considered non-returnable. The return of packaging must be agreed upon in advance with the supplier.
5.3. The price of packaging is governed by the currently valid price list.
5.4. In the case of agreed returnable packaging, after the expiration of the 60-day period for returning this packaging to the supplier, the supplier is not obliged to accept the packaging from the customer.
5.5. The customer is responsible for the condition and cleanliness of returnable packaging upon return.
5.6. Returnable packaging must be empty upon return, must not be contaminated with substances other than those for which they are intended, and must not be damaged.
5.7. A credit note can be issued for packaging that has met the conditions for return and is delivered to the supplier along with the accompanying document. The accompanying document is considered to be: the transport list, delivery note, consignment note, or the relevant article of the individual supplier-customer agreement.
5.8. The costs of delivering returnable packaging to the supplier are borne by the customer.
VI. COMMERCIAL COMMUNICATIONS
By completing and sending an order, the customer gives the supplier consent to send commercial communications to the customer's contact email address specified in the order. Consent is granted in the so-called Opt-out regime, and the customer can revoke this consent at any time by sending an email to info@korchem.cz.
VII. FINAL PROVISIONS
7.1. If a relationship related to the use of the web interface or a legal relationship established by the contract contains an international (foreign) element, the contracting parties agree that the relationship is governed by Czech law (excluding the application of the UN Convention on Contracts for the International Sale of Goods).
7.2. If the mutual cooperation of the customer and the supplier involves the processing of personal data, the supplier undertakes to act in accordance with the applicable legal regulations.
7.3. If any provision of the terms and conditions is invalid, ineffective, or inapplicable, or becomes so, the provision whose meaning is closest to the invalid provision shall replace the invalid provision. The invalidity, ineffectiveness, or inapplicability of one provision does not affect the validity of the remaining provisions. Amendments and additions to the contract or terms and conditions require written form.
These terms and conditions are valid and effective from 01. 09. 2022.