Abstract from General Business Conditions
Milan Müller Saddlers www.sattlerei.cz
1. General articles of agreement
1.1. This Abstract from General Business Conditions
applies to purchase in e-shop www.mittelalterschuhwerk.de While ordering, the customer agrees implicitly with delivery and payment conditions of the seller.
2. Payment conditions and particular methods of payments, reservation of proprietary law
2.1. The seller
reserves the right to change prices. Current prices that are introduced by the seller in Czech crowns and Euros and which are valid only for private subjects are confirmed to the buyer by the seller at the moment of order confirmation and depend on current price at the moment of receiving the order. If the current price is identical or lower than the one on written or e-mail order, it is not re-confirmed and goods are delivered to him at a price valid at the moment of receiving the order. In case of an increase in input costs during manufacturing of ordered goods before expedition and if the new price is not accepted by the buyer, we are competent to withdraw from the contract unilaterally. Provided the fact that the price is higher than the price given on order or because of buyer's requirements, the seller will inform the buyer about this fact immediately. The buyer may accept the new price or refuse the supply (more also in engagement about the right of seller to withdraw from the contract).
Until acceptance of purchase price changes seller is not obliged to supply the buyer with ordered goods or possibly start with their manufacturing. The seller is not a VAT payer
2.2 Avoidance of contract (countermand of order)
is solved by separate item.
2.3. Payment conditions
First delivery to a new client will be realized in principle and without exemptions via banking transfer in advance on the seller's bank account, which is stated below. The seller is competent to require a deposit in the amount up to 100% of the order value before the delivery. Until the required deposit is paid, the seller is not obliged to supply ordered goods or possibly start with their manufacturing (waiting for customer's payment will also prolong the date of ordered goods delivery).
In case of registered customers and after previous personal or telephonic agreement, seller can request a deposit amounting to 30 % (till the time of proper credit the seller's account with the required deposit, the seller is not obliged to manufacture the ordered goods ) and after manufacturing of the goods he can require payment of concluded price in advance. Until regular purchase price is not paid off, the seller is not obliged to supply the ordered goods (during the time of the buyer's neglect of duties the seller is not on default). If there is not this agreement, the seller is in capacity to require payment of a deposit as much as 100% videlicet before of the ordered goods delivery. This choice pertains only to the seller. The buyer who is a registered customer may be provided a price reduction for delivered goods, whose level will be messaged to him immediately after he achieves a price limit for the withdrawn goods. The seller gives this price limit. The buyer will be informed about achievement of price reduction in and its amount via his registered email immediately. This price reduction will be allowed to the buyer during next purchase and it will be deducted from his current order. Reduction in price is no longer applied to discounted goods (e.g. action prices).
If the deposit is being asked, a document "advance invoice - tax document" will be issued. After delivery of goods, the value of the deposit is deducted on the invoice. Second possibility is a payment in cash during delivery of deliverable but only if this possibility was appointed during arrangement of the order.
Methods of payment:
- payments on the seller's account ( Milan Müller - Sattlerei account number 3104003814 BLZ:87053000 )
- Sparkasse Mittleres Erzgebirge Germany
- IBAN:DE03 8705 3000 3104 0038 14
- In virtue of the invoice mature within 10 day from issue of the invoice, (so far unconfirmed invoice will be sent to the buyer by email at the same time with confirmation of the order. Properly issued and confirmed tax document will be the part of the delivery.
- Cash payment during goods acceptance (primarily we demand payment in advance and cash payment will be possible only after agreement between the seller and the buyer).
Explanation of the term:
transfer payment - means possibility to pay on our account administered by Sparkasse Mittleres Erzgebirge Germany, inc. videlicet before delivery of goods. As long as you select this method of payment in your order (at the first purchase this option will be only possible), after completition of the order you will be sent details to accomplish the payment (account number, amount, variable symbol) to your email. The whole order will arrive by mail. The goods will be dispatched after crediting our account with required sum.
2.4. Terms of delivery
2.4.1. Supply of deliverable
will be realized in the shortest possible time, usually from 2 to 12 working weeks according to availability of the product and operating possibilities of the seller. In exceptional cases, the delivery time may be longer. If the ordered goods require an adjustment according to requirements of the buyer or in case of a made-to-measure product, the contractors will conclude the delivery term individually after sending the order. Transport to destination address is ensured by the seller always at the buyer's expense. Consignment with goods contains tax document (invoice) by default, respectively manual for using the product in Czech, English and German language, and conditions of the seller that specify correct usage of purchased goods.
2.4.2. Goods delivery
is provided all over Czech Republic. Expenses on goods transport are distinguished according to selected method of transport. There exist:
Deliveryby means of transfer company DHL Germany ora transfer company defined by the seller. - expenses on transport are not part of purchase price and will be given to the buyer at conclusion of order including all charges and respectively statutory rate of VAT valid at the time of order at the transporter. The seller is obliged to transport the goods into Germany on his expenses and send it from here at customer's expense in lowest possible delivery costs on address defined by the buyer.
By post - transportation on Czech territory is provided under Czech Post in intention of their internal conditions and regulations. The ordered goods will be sent by commercial parcel, which will be transmitted by Czech Post within three following working days after the date of notification at the latest. You will be informed about the day of notification by email.
Personal purchase- we do not charge for transport. Notice: Personal purchase takes place in the seat of the seller only after previous agreement with the seller and after manufacturing of ordered goods.
2.5. Reservation of proprietary law
The delivered goods remain in the ownership of the supplier until the purchase price is paid in full.
2.6. In case of particular requirements and large goods
(respectively bigger of a number of items), the price for goods transportation will be solved individually with the buyer.
3. Avoidance of contract
3.1. Countermand of order on the part of the buyer
buyer has right to withdraw from the order any time before goods dispatch , which is in stock at the moment of order and does not require an adjustment according to requirements of the buyer without any sanction. It is impossible to withdraw from the order of made-to-measure goods or goods made according to individual requirements of the buyer. Countermand of order may be only sent to email@example.com.
3.2. Avoidance of contract concluded with the help of means of distance communication
in accordance with Section§ 53 (7) of the Civil Code as subsequently amended, consumers may withdraw from the contract within 14 days from acceptance of goods. If you decide for withdrawal from the contract in this term, we beg you for compliance with the following conditions. The purchase price will be returned to you afterwards:
- send a letter with this text: "I want to withdraw from the contract of DD.MM.YYYY , number (of order ) unilaterally and I require to refund the amount paid for goods." to address: Sedlářství Milan Müller, IČ 49879171, based in Zechovice 63Volyně, zipcode 387 01, Czech Republic. If you require return of the money to your account, please give us its number. Don't forget to write the date and your signature.
- The goods which you will send back to our address within the frame of avoidance of a contract, have to be wrappedin original cover, it must not show signs of usage, has to be undamaged, complete (including accessories, certificate of warranty, instructions etc.) and with original proof of purchase.Don't send the goods cash on delivery, we advise you to assure the goods. We are not responsible for goods or their components, which were damaged during transportation by virtue of unprofessional buyer's wrapping or by fault of a transfer company or post, and we are not obliged to compensate incurred damage neither. On return of used or damaged goods, we reserve the right to count the compensation for damages against our duty to return the paid purchase price.
- consumer can't withdraw from the contract within 14 days from acceptance of goods, which can't be returned because of their character (namely the made-to-measure goods or goods manufactured according to individual requirements of the buyer).
- In case of failure to meet the term of avoidance of the contract, the avoidance of a contract is not valid. Avoidance of contract has to be delivered to seller the 14th day from assumption of contractual obligations at the latest.
- avoidance of contract is legally effective, if it is delivered in 14 days from contractual obligations acceptance. In case of failure to fulfil some of the above-mentioned conditions, which results in not evincible delivery of the withdrawal from contract in given term (e.g. . mere consignment return of goods without volition to avoid of the contract), we will not be able to accept the withdrawal from consumer contract and the goods will be returned back at sender's (buyer's) expense.
3.3. Countermand of order from the part of seller
seller reserves the right to cancel the order or its part in these cases: the goods are not produced or supplied any more or price of the goods supplier has changed remarkably.
4. Product liability (warranty, contrariety to purchase contract)
4.1. The buyer is
obliged to study conditions for guarantee including service instructions, respectively instructions of the seller for regular usage of purchased goods, and consequently to follow these information thoroughly before the first usage. If the buyer is not a consumer of the goods, he is obliged to check goods through immediately at its acceptance.
4.2. Consumer should also take these measures in his own sake
to avoid further problems resulting from liability for defects, which originated in consequence of transportation (mechanical damage), when we will proceed from the fact, that he accepted delivered goods without condition at a eventual sales returns.
4.3. Product liability
4.3.1. Guarantee rights
The lawful guarantee period for sale of consumer goods are 24 months, however it can be declared longer in certificate of warranty. Guarantee can't be applied to ordinary wear and tear of goods (or their part) caused by their common usage. Shorter product life cycle considering mentioned wear and tear of the goods caused by their common usage can't be regarded as a defect, which will be taken to our consideration at eventual sales returns.
4.3.2. Sales returns (application of liability for defects)
Seller will decide on sales returns immediately, in complicated cases within 10 working days. Into following term. The time needed for technical assessment of the defect adequate to kind of product or services is not counted into this term. Sales returns including the defect will be settled without undue delay in 30 calendar days from the day of the sales returns application at the latest if there is not any other agreement between the seller and the buyer. Repair of the claimed goods will be ensured by Sedlářství Milan Müller, IČ 49879171, based in Zechovice 63Volyně, zipcode 387 01, Czech Republic, as a seller.
Customers who have place of residence or seat in Czech Republic are bound to send the goods under complaint at their expense to the address: Sedlářství Milan Müller, IČ 49879171, based in Zechovice 63Volyně, zipcode 387 01. If the buyer does not cover transport costs, the seller is not obliged to take over the goods under complaint from a transporter (in such case the buyer's complaint is considered as if it was not done at all).
Thereby the seller explicitly prewarns the buyer of possibility of mild variation concerning quality, size and colour, which may occur with handcrafted products, and can't be a reason to file a complaint. All size notations and illustrations presented on website have only informative and orientation nature. Due to handwork, mild variations concerning design may occur.
5. Final arrangements
5.1 This Abstract from General Business Conditions
can be changed by the seller at any time without giving a reason and without keeping to the term on change implementation.
5.2 This Abstract from General Business Conditions
together with all legal relations existing between bargainers are subject to a system of law of the state, in which the seller has his seat or possibly registered office.
5.3 As far as some of arrangement
o f this abstract from universal business conditions would become ineffective or already has been legally ineffective, this ineffectiveness will not influence the legal effectivity of the other...) arrangements of this Abstract from General Business Conditions.
Instead of ineffective arrangement, such regulation will be legally applicable, which approaches to wording of ineffective regulation with its economic substance. Problems not regulated by this abstract follow the full version of General Contract Conditions mentioned on website in Czech language. The buyer unconditionally agrees with full version of these General Contract Conditions and confirms that he has become acquainted with its full text.
In Volyně, on 1.January.2009
Milan Müller Saddlers