General Terms and Conditions
General terms and conditions of Belenty s.r.o.
The following General Terms and Conditions (further referred to as “GTC”) stipulate the relation between the buyer and the seller regarding the sale of products by Belenty s.r.o (hereinafter referred to as “seller”) and its business partners (hereinafter referred to as “buyer”).
I. General provisions
The following General Terms and Conditions (hereinafter referred to as “GTC”) stipulate the relation between the buyer and the seller regarding the sale of products by Belenty s.r.o to its business partners.
By submitting an order, the buyer agrees to the terms and conditions. During each transaction, the buyer is automatically notified of the terms and conditions before submitting an order and therefore has the possibility to become acquainted with them.
Belenty s.r.o, IČ: 021 32 800, registered at Kaprova 42/14 110 00 Prague 1 – the Old Town, is a company registered in the business register with the Municipal Court in Prague, section C, entry Nr. 215965, selling goods both to dealers and end consumers. Further information about the seller can be found in the section “Contacts”.
The term “buyer” refers to a consumer or businessman.
Consumer refers to a living person not acting with the aim to do business or a professional job or any other entrepreneurial activity when concluding and fulfilling a deal.
On entering into a business relationship, the buyer discloses only those contact details to the seller that are necessary to process an order without difficulty, or such details that the buyer requires to be stated on purchasing documents.
The legal relationship of the seller and the consumer, not explicitly stipulated by the GTC, follow the respective provisions of law Nr. 89 / 2012 Col., the Civil Code, law Nr. 634 / 1992 Col., on consumer protection, as well as any other related provisions stipulated by respective amendments.
Businessman refers to:
• a person registered in the business register (mostly business companies).
• a person doing business by virtue of a trading certificate (a trader registered in the trader’s register).
• a person doing business by virtue of any other certificate than a trading certificate following particular provisions (professionally related e.g. freelance occupations as lawyers etc.).
• a person controlling agricultural production registered on the basis of a specific provision.
The legal relationship between the seller and a buyer who is a businessman, not explicitly stipulated by the GTC or a contract between the seller and the buyer follow the provisions of law the Commercial Code, as well as related provisions as amended.
The buyer acknowledges that there arise no rights from the purchase of products listed in the seller’s offer to use registered trademarks, business names, corporate logos or patents of the seller or other companies, unless otherwise agreed by a special contract in a particular case.
When the buyer is an end consumer, the draft of purchase contract to be concluded is represented by the placement of the goods offered by the provider on the website, furthermore, the purchase contract arises upon the buyer’s (end consumer’s) submission of an order as well as upon the receipt of the order by the provider. The provider will then immediately confirm receipt by sending a confirmation e-mail to the e-mail address entered by the buyer. However, the receipt doesn’t have any effect on the contract being concluded. The contract (including the arranged price) can only be cancelled upon a valid agreement by both parties or upon legal grounds.
When the buyer is a businessman, the draft of purchase contract to be concluded is represented by an order submitted by the buyer (businessman) whereas the purchase contract itself shall be concluded upon the moment of seller’s presenting a binding consent to the draft proposal to the buyer.
Any relations or potential disputes arising from the contract shall be finally settled by the Arbitration Court of the Czech Chamber of Commerce and Czech Agricultural Chamber in accordance with the Arbitration Rules and Laws by an arbitrator appointed by the chairman of the Arbitration Court of the Czech Chamber of Commerce. The parties undertake to meet the obligations enjoined by the Arbitration Ruling. The Arbitration Court can be found at: Praha 1, Dlouhá 13, Postal Code 110 00, IČ 481 35 313.
The contract shall be concluded in the Czech language. In case of any disputes the Czech version of the contract shall be decisive.
The contract concluded shall be archived by the seller on the purpose of contract fulfillment and shall not be accessed by any non-interested third parties. Information about particular technical steps leading to contract conclusion can be clearly taken from the present General Terms and Conditions containing a comprehensible explanation of the aforementioned procedure. The buyer can check or amend the order before submission. The General Terms and Conditions can be viewed on the e-shop website www.belenty.com and they can be thus archived or copied by the buyer.
The telecommunication costs (phone, Internet etc.) used by the buyer to make an order are calculated upon the costs charged by the telecommunication service provider of the buyer.
II. Security and information protection
The seller states that all personal data are confidential and they shall only be used for the purpose of the buyer’s contract fulfillment and shall not be otherwise made public or available to any third party etc., unless there is a situation related to distribution or payment relationship relating to the ordered goods (disclosure of name and delivery address). Personal data that were made available to the seller by the buyer for the purpose of completing the order, are collected, processed and stored in accordance with the valid laws of the Czech Republic, in particular, in accordance with law Nr. 101/2000 Col., on personal data protection and law amendments, amended by the later provisions (“Personal data protection law”). The buyer herewith gives consent to the seller to collect or process any of these data in order to fulfill the scope of the concluded purchase contract, which shall last until the consent to process personal data has been withdrawn. The buyer is allowed to access the personal data and is entitled to amend them as well as to use any other legal rights related to the data.
III. Opening times
Orders can be made over the e-shop at www.belenty.com 24 hours a day, 7 days a week.
All prices stated are negotiable. The online e-shop always contains up-to-date and valid pricing.
V. Purchase order
The buyer shall be charged the price valid at the moment of placing the order. The buyer (end consumer) will be informed of the total charge including VAT or any other related fees before submitting the order. The price shall also be stated in the order as well as in the message confirming the order receipt.
You can make an order as follows:
• over the e-shop at www.belenty.com (further referred to as “e-shop”)
• in an electronic form to email@example.com
The seller recommends making orders through the e-shop.
VI. Contract withdrawal
Contract withdrawal by the buyer (end consumer)
The buyer is entitled to withdraw from the contract within 14 working days of receiving of the goods without giving a reason, in accordance with provision § 1829 par. 1 of Civil Code, and, at the same time, the buyer is obliged to submit a written contract withdrawal statement that must be delivered to the seller within the aforementioned period of time.
In accordance with provision § 1837, letter d) of Civil Code, the buyer is not entitled to withdraw from the contract if the ordered goods were tailor-made according to customer's wishes or clearly personalized, e.g. initials stamping, tailor-made goods etc.
The buyer is obliged to return the goods in a complete state, including all documentation, without any damage, completely clean, in the original packaging if possible and in the same state as and having the value of the goods as at the moment of purchase. In cases where the goods are not complete or are damaged, the seller may reduce the refund accordingly. The refund shall be paid to the buyer (end consumer) within 15 days of the contract withdrawal taking effect.
The seller is not obliged to accept any warranty claim within 14 days as per the provisions on consumer protection if the goods are not clean or are otherwise polluted or don’t meet hygiene standards.
If the buyer decides to withdraw from the contract within the aforementioned period of time, the buyer is recommended to deliver the goods to the seller’s address along with an accompanying letter possibly giving the reason for withdrawal from the purchase contract as well as the number of the purchase document and the number of bank account, in order to facilitate easier and faster handling of the request. Information should be provided as to whether the refund shall be paid in cash or it shall be used for any further purchase.
Provided all the aforementioned conditions have been met, the buyer is entitled to be credited a sum that shall be, upon request, transferred to the indicated bank account within 15 days of the contract withdrawal taking effect.
Contract withdrawal by the buyer (businessman)
If the buyer is a businessman, the buyer may be offered a substitute form of withdrawal from the purchase contract depending on the state of goods returned, expired time of the warranty period and the up-to-date value of the goods. The state of the goods shall be assessed by the seller. If the conditions are not acceptable for both parties, the goods shall be returned at the expense of the seller. The seller is entitled to charge the buyer any other incurred expenses.
When issuing a credit note, the buyer may be requested to present his/her ID card so that the proprietary rights of the buyer can be protected. By presenting an ID card, the buyer agrees to the processing of personal data as per article II., in the sense of § 3 of Personal Data Protection Act.
VII. Payment conditions
a) advance payment by bank transfer
b) payment over Internet banking (online payment by card)
c) PayPal payment
d) cash on delivery (the cash sum is paid to the carrier). This option only applies within the Czech Republic and Slovakia.
e) invoice payment with a payment deadline (this option only applies when all the conditions have been met to be allowed credit)
The goods remain the seller’s property until the price has been paid in full.
VIII. Delivery conditions
Shipping by carrier:
The buyer can have the goods delivered by the Czech Post Office or DHL International. Goods in stock are shipped within 24 hours upon receipt of the order. The carrier guarantees package delivery to be completed within 48 hours within the Czech Republic and within 5-7 workdays within the EU. The price is charged as per the pricelist on the day of receipt of the order.
The buyer (businessman) is obliged to (the same is recommended to the buyer - end consumer), immediately check the state of the package upon its delivery by the carrier (the number of packages, company logo strip integrity, box damage) as per the enclosed carriage document. The buyer is entitled to refuse to take the delivery that doesn’t comply with the purchase contract, e.g. when the package is incomplete or damaged. In the case where the buyer takes such a delivery from the carrier, the buyer must specify the damage in the completion certificate of the carrier.
Should the buyer detect any damage upon delivery, it is necessary to submit a completed damage report to firstname.lastname@example.org within 24 hours.
Any warranty claim made additionally in relation to incompleteness or outer damage to the package does not deprive the buyer of the right to a warranty claim, however, it may give the seller the chance to prove that this does not violate the purchase contract.
IX. Warranty conditions
The warranty conditions and claims conform to the rules in accordance with the General Terms and Conditions and the valid legal provisions of the Czech Republic. The Belenty company s.r.o. provides a 5-year warranty on all its products. The purchase document may be used as a certificate of warranty. Customers may acquire information on product care at www.belenty.com in the section Support- How to care for our products.
The 5-year warranty does not apply to:
• Material wear
• Material defects incurred by improper use
• Part defects incurred by improper use
• Sewing defects incurred by improper use
X. Final provisions
The General Terms and Conditions are valid as from 20th February 2014. The seller reserves the right to make amendments to the General Terms and Conditions without prior notice.
On behalf of the Belenty company s.r.o., approved by David Jehlicka, CEO