GENERAL TERMS AND CONDITIONS OF BUSINESS DATED 16. 10. 2024.

I. BASIC ARRANGEMENTS

• These general terms and conditions (hereinafter referred to as "GTC") govern the relations between the contracting parties to the purchase contract concluded via the web interface located on the website available at the internet address https://betoniq.cz/ (hereinafter also referred to as the "e-shop"), on one side of which stands the company:

Whirlee, Cooperative

ID 21671591

registered office: Kolejní 2906/4, Královo Pole, 612 00 Brno

registered in the Commercial Register under file number Dr 5883/KSBR at the Regional Court in Brno

email: info@betoniq.cz

web address: https://betoniq.cz 

(hereinafter referred to as the "Seller")

and on the other side of which stands the client as the buyer (hereinafter referred to as the "buyer").

• The Seller expressly declares that these GTC do not apply to a purchase contract or a contract for work that the Seller concludes with the Buyer in a manner other than through the e-shop, and the provisions contained in these GTC cannot be applied by analogy in the event of a purchase contract being concluded in another manner.

• Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions. These terms and conditions and the purchase contract are concluded in the Czech language. The contract cannot be concluded in another language.

• The Buyer declares that, before concluding the purchase contract, he has familiarized himself with the content of these GTC and also with the content of the complaints procedure and the principles for personal data management. The complaints procedure and the principles for personal data management are published in the e-shop. The Buyer will also receive all the above documents, i.e. the GTC, complaints procedure and the principles for personal data management from the Seller by email containing the acceptance of the order.

• The Seller informs the Client that it does not charge any costs for means of distance communication. These costs therefore correspond to the rate of the Internet or telephone connection according to the conditions of the Buyer's operator.

II. Information about the goods and their properties

• Information about the goods and their main features is provided for each individual item in the e-shop in the form of a product description.

• In addition to the above, the seller informs the client that the goods are concrete products, and the material used, and therefore the individual goods, have the following specifics:

• it is a porous material. Pores on the surface of the goods and in the internal structure of the concrete do not represent a defect of the goods, but a specific property. It is not possible to guarantee in advance or to tell what size the pores will be, or where exactly the pores will be located, because the pores arise randomly during the production process of the goods. The porosity of the goods does not affect its functionality, however, it can complicate the maintenance of the goods, because the pores are more difficult to clean;

• This is a material with unstable color. The color of the goods may not correspond to the color captured for the individual goods in the photo displayed in the e-shop, because the color of the material, and therefore the color of the goods, is influenced by many random input factors and the color is therefore different for each product depending on the current batch of concrete used. The color of the goods ranges on a scale of gray shades.

• The goods are primarily intended for indoor use, unless otherwise stated in the product description on the e-shop or in the product package leaflet. Exposing the goods to weather conditions may damage them.

• The photographs of the goods published in the e-shop are for illustrative purposes only and may not fully correspond to the goods that will be delivered to the buyer. In particular, there may be variations in the color of the goods, in the porosity of the material, minor variations in shape, especially in more complex structures, and other variations caused by the specific nature of the material used.

• The buyer acknowledges and understands the above-mentioned specifics of the material used, as well as the fact that the specifics of the material do not constitute a defect in the goods and therefore, due to the specific properties of the material, rights from liability for defects in the item sold cannot be exercised (therefore, the goods cannot be claimed for these reasons).

III. INFORMATION ON PRICES OF GOODS AND PRICES FOR DELIVERY OF GOODS

• Information about the price of goods is listed for each individual item in the e-shop.

• No additional taxes, fees or other similar monetary payments will be added to the price of the goods, except for the costs of delivering the goods to the address specified by the buyer and in the amount corresponding to the delivery method selected by the buyer.

• Before placing an order (see Article IV of these GTC) and concluding a purchase contract, the buyer will also receive information about the price for the delivery of the goods, which varies depending on the customer's chosen method of delivery of the goods. The prices for the delivery of the goods are stated in particular when choosing the method of delivery of the goods (the price of the goods and the price for the delivery of the goods are collectively referred to in these GTC as the "price of the goods" or simply the "price").

• The information on the price for delivery of goods stated in the e-shop applies only in cases where the goods are delivered within the territory of the Czech Republic. In the event that the goods are delivered outside the territory of the Czech Republic, the costs associated with packaging and delivery of the goods may be increased appropriately, and the seller will inform the buyer about the increase. If the buyer does not agree to the increase in costs associated with packaging and delivery of goods outside the territory of the Czech Republic, he is entitled to withdraw from the purchase contract within 5 days of receiving information on the increase in costs associated with packaging and delivery of goods outside the territory of the Czech Republic. If the seller does not inform the buyer about the increase in delivery costs, it is assumed that the goods will be delivered at the price stated in the e-shop when placing the order.

• The prices of the goods are stated in Czech crowns. The buyer acknowledges that the purchase price may be rounded to whole crowns.

• Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

• If a promotional price is listed in the e-shop (i.e. the price of the goods after the discount provided compared to the original price), the promotion is valid until all items are sold out, or until the promotional price is no longer provided (i.e. until the price without discount is listed in the e-shop for the goods in question).

IV. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

• All presentation of goods placed in the e-shop catalogue is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The displayed goods therefore constitute an invitation to submit offers to conclude a purchase contract (offers to conclude a purchase contract are hereinafter also referred to as "orders").

• The buyer places an order by filling out the order form in the e-shop.

• When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment for the goods and the method of delivery of the goods.

• Before confirming the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the "Payment" button. The data specified in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.

• Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered acceptance of the proposal to conclude a purchase contract. The purchase contract is concluded at the moment of delivery of the acceptance of the proposal to conclude a purchase contract. In the event that the buyer agrees in advance with the seller on individual modifications of the goods, he is obliged to describe his requirements for the modification of the goods in the order.

• The Buyer may not include any conditions or deviations from the call for proposals for the conclusion of the purchase contract in the order, unless the condition or deviation has been discussed in advance with the Buyer and accepted by the Buyer. An order subject to a condition or containing a deviation shall not be taken into account unless the Seller decides to accept such an order.

• In the event that the Seller cannot meet any of the requirements specified in the order, the Seller will send the Buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.

• All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives a notification of acceptance of the order from the Seller. The Buyer may cancel the order by sending an email to the Seller's email address specified in these Terms and Conditions. The email must clearly indicate that the order is being cancelled, and the specification of the order that the Buyer wishes to cancel should also be provided (e.g. by specifying the ordered goods and the number of pieces, etc.) so that it can be distinguished from any other orders from the same Buyer.

• In the event that there is an obvious error on the part of the seller when stating the price of the goods in the e-shop or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer has been sent an order confirmation in accordance with these GTC. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

V. PAYMENT OF THE PRICE OF GOODS

• The buyer can pay the price of the goods and the price for the delivery of the goods in the amount agreed upon under the purchase contract in the following ways:

• by bank transfer to the seller's bank account No. 2702904927 / 2010, held at Fio banka.

• Payment gateway Shopify Pay

• The price of the goods is payable no later than 5 days after the conclusion of the purchase contract. Until the price of the goods has been paid in full, the seller is not obliged to hand over the goods to the buyer.

• In the case of cashless payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

• In the case of cashless payment, the buyer's obligation to pay the price of the goods is fulfilled at the moment the price of the goods is credited to the seller's bank account.

• If the buyer pays the price of the goods before the purchase contract is concluded, the paid price of the goods is considered a deposit.

• According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online. In the event of a technical failure, then no later than within 48 hours.

• Payment by bank transfer and online card payment are not included in EET.

VI. DELIVERY OF GOODS

• The goods are delivered to the buyer at the address specified by the buyer in the order.

• The choice of delivery method is made during the order creation. The seller allows the following delivery methods:

• through the company: Zásilkovna sro, ID number 28408306

• The price for delivery of goods varies depending on the method of delivery of goods and is stated in the order form. In the event that the method of delivery is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of delivery.

• The buyer is obliged to accept the goods upon delivery. If, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

• When accepting the goods, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the delivery person and, in the case of personal acceptance, the seller.

• The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's email address.

• The buyer acquires ownership of the goods by paying the full price of the goods, but first by taking over the goods. The risk of accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract. In the event that a special method of delivery of the goods is agreed upon at the buyer's request, which the seller does not offer as a standard, the risk of accidental destruction, damage or loss of the goods passes to the buyer at the moment when, in accordance with the selected method of delivery, he loses control over the goods (e.g. at the moment of handing over the goods to the carrier for transportation).

• The selected method of payment for the price of the goods and the method of delivery of the goods is binding and can subsequently be changed by the buyer only on the basis of an agreement with the seller. If any of the methods of payment for the price of the goods and the method of delivery of the goods are not available when creating an order through the e-shop, this method of payment for the price and delivery of the goods is temporarily or permanently unavailable and the buyer is not entitled to request this method of payment for the price and delivery of the goods.

• If, due to objective obstacles, the goods cannot be delivered to the buyer using the method of delivery chosen by him, the seller will select another suitable method of delivery and deliver the goods using that method. The buyer will be informed of this fact. The seller will bear the costs by which the new method of delivery exceeds the method of delivery chosen by the buyer.

VII. WITHDRAWAL FROM THE CONTRACT

• The buyer who concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract within 14 days.

• from the date of receipt of the goods,

• from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts.

• The buyer cannot withdraw from the purchase contract, among other things:

• the subject of which is the delivery of goods that have been modified according to the wishes of the buyer or for his person,

• on the basis of which the goods were delivered in a sealed package, which the buyer removed from the package and which cannot be returned for hygiene reasons.

• To comply with the withdrawal period, the buyer must deliver a declaration of withdrawal within the withdrawal period to the seller's email address info@betoniq.cz. To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller, which is an integral part of these terms and conditions. The buyer will confirm acceptance of the withdrawal from the purchase contract by email without undue delay.

• The buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature. If the buyer withdraws from the contract, the seller will return to him without undue delay, but no later than 14 days from withdrawal from the contract, all funds, including delivery costs, that he received from him, in the same way as he received them from the buyer (the funds will be returned to the account from which they were sent, unless the buyer specifies a different account). The seller will return to the buyer the funds received in another way only if the buyer agrees to this and if this does not incur additional costs. If the buyer has chosen a method of delivery other than the cheapest method offered by the seller, the seller will refund the buyer the costs of delivering the goods in an amount corresponding to the cheapest method of delivery offered.

• If possible, the buyer shall return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. In the event that damaged, worn or heavily contaminated goods are returned, the seller is entitled to demand from the buyer an amount corresponding to the amount by which the value of the goods has decreased compared to the original value.

• The seller is entitled to withdraw from the purchase contract for the following reasons:

• stock out, unavailability of goods, or when the manufacturer, importer or supplier of goods has discontinued the production or import of goods,

• conclusion of a purchase contract at an obviously incorrect price for the goods if this incorrect price is the result of a technical error,

• performance of the contract becomes impossible or unlawful.

VIII. RIGHTS FROM DEFECTIVE PERFORMANCE

• Warranty conditions and rights arising from defective performance are fully regulated by the seller's complaints procedure, which is an integral part of these GTC and is available on the e-shop website.

IX. DELIVERY

• The contracting parties may deliver all written correspondence to each other via electronic mail.

• The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address in the order. All correspondence shall be deemed to be delivered on the fifth day after it is sent.

X. Processing of personal data

• The Seller processes the personal data specified in the order and in the purchase contract, which are necessary for the implementation of the obligations under the purchase contract. The Seller acts as a personal data controller and processes the Buyer's personal data, in particular the Buyer's identification and contact personal data. The Buyer provides the specified personal data voluntarily for the purpose of providing it under this contract and for the purpose of concluding the contract.

• The client agrees to the processing of personal data.

XI. FINAL ARRANGEMENTS

• All agreements between the seller and the buyer are subject to the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

• The contract can only be amended or supplemented in writing.

• The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.

• All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the Seller's consent.

• When using the online store, the buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to unauthorizedly interfere with or unauthorizedly use the software or other components that make up the online store and use the online store or its parts or software in a manner that would be contrary to its designation or purpose.

• The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible. The seller may change or supplement the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous terms and conditions. The legal relationship between the contracting parties is always governed by the general terms and conditions effective on the date the order is sent by the buyer.

• In the event that a consumer dispute arises between the seller and the consumer from a purchase contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is: Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, Email: , Web : adr.coi.cz.

These terms and conditions come into effect on June 24, 2024.