Terms and Conditions for the Corporate Sector
In general about the e-shop for the corporate sector
As part of improving our services provided to our business partners, our company strives to offer the merchandise through a full-fledged e-shop at our website so that shopping in real conditions is simulated as much as possible without our business partners having to visit our points of sale.
You can order the goods online directly at our website. You must register to place an order. If direct ordering does not work for any reason, you have the option to send your order to our e-mail address eshop@textil.eu. An order may also be sent to the address specified in the contact information or to call the telephone number also provided in the contact information; we are ready to answer any questions you may have.
We normally ship the goods within 48 hours of confirmation of your order. Subject to a prior agreement, you may also take delivery of the goods in person at our main warehouse.
On the basis of this Purchase Contract, we are ready to deliver the goods directly to the registered office or any place of business of the customers who also take deliveries of other goods from LA LINEA s.r.o., apart from those sold via the e-shop, under other contractual relationship within a long-term co-operation with our company. It is also possible to pick up the goods in person at our main warehouse – Elisky Krasnohorske 1585, 544 01 Dvur Kralove nad Labem, Czech Republic We use the services of DSV, GLS and TOPTRANS to transport consignments within the Czech Republic whereas when shipping consignments abroad, we co-operate with GLS, TOPTRANS or TNT Express.
The price for delivery of the goods will be quoted upon confirming the order subject to special conditions and terms.
Terms and Conditions
A. INTRODUCTION
A.I. These terms and conditions (hereinafter referred to as the "Terms") of LA LINEA s.r.o., with registered office at Dvůr Králové nad Labem, El. Krásnohorské 1585, Post Code: 544 01, Identification number: 49282000, registered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, File 4590 (hereinafter referred to as the "Seller") regulate the procedure of entering into a purchase contract via the Seller's internet shop (hereinafter referred to as the "purchase contract") and the mutual rights and obligations of the contracting parties established on the basis of this purchase contract. These Commercial Terms apply to the purchase contracts concluded between the Seller and the natural/legal entity entering into the purchase contract as an entrepreneur in relation to their business activities (hereinafter referred to as the "Buyer"). The E-shop is operated by the Seller at the internet address: www.textil.eu via a web interface (hereinafter referred to as the "e-shop web interface").
A.II. The provisions of the Terms form an integral part of the purchase contract. Diverging provisions in the purchase contract shall prevail over the the provisions of the Terms. The purchase contract and the Terms have been drafted in Czech.
A.III. The Seller may change or amend the text of the Terms. The rights and obligations resulting from the concluded purchase contract are always governed by the text of the Terms effective on the date the purchase contract was concluded.
B. REGISTRATION
B.I. On the basis of the Buyer's registration made in the internet shop web interface, the Buyers may access their user interface. The Buyers may order the goods from their user interface (hereinafter referred to as the "user account"). If allowed by the e-shop web interface, the Buyer may place orders for the goods also without registration directly from the e-shop web interface.
B.II. Upon registration in the e-shop web interface and upon ordering the goods, the Buyer is obliged to provide correctly and truly all the required data, including the information as to whether the goods are ordered by the Buyer as an entrepreneur or as a consumer. The Buyer is obliged to update the data provided in the user account whenever it changes. The data provided by the Buyer in the user account and upon ordering the goods is considered by the Seller as correct.
B.III. Access to the user account is secured by user name and password. The Buyer is obliged to maintain the confidentiality of information necessary for access to their user account and understands that the Seller assumes no responsibility for violation of this obligation by the Buyer.
B.IV. The Buyer is not entitled to allow the user account to be used by third persons.
B.V. The Seller may cancel the user account, namely where the Buyer has not used their user account for over a year or where the Buyer violates their obligations resulting from the purchase contract (including the Terms).
B.VI. The Buyer understands that the user account does not have to be available non-stop, especially with regard to the necessary maintenance of the Seller's hardware and software or the necessary maintenance of hardware and software of third parties.
C. PURCHASE CONTRACT
C.I. The e-shop web interface contains a list of goods offered by the Seller for sale including specification of the prices of the individual goods that are offered. The prices of the offered goods are quoted without the value added tax and all the related fees. The offer of the goods for sale and the prices for the goods shall remain valid for the period of their display at the e-shop web interface. This provision does not restrict the Seller's option to enter into a purchase contract with the Buyer under individually agreed conditions. The offers of goods for sale displayed at the e-shop web interface are not binding and the Seller is not obliged to enter into any purchase contract for such goods.
C.II. The e-shop web interface also includes information about the costs associated with the packing and delivery of the goods.
C.III. To order any goods, the Buyer must complete the order form at the e-shop web interface. The order form particularly includes information about:
* the ordered goods (the Buyer shall "put" the ordered goods into the e-shopping basket at the e-shop web interface);
* method of payment of the purchase price for the goods;
* required method of delivery of the ordered goods, and
* information about the costs relating to the delivery of the goods (hereinafter referred to as the "order").
C.IV. Before sending the order to the Seller, the Buyer will have the chance to review and change any data they entered in the order, including the option to identify and correct any errors made when entering the data in the order. The Buyer shall send the order to the Seller by clicking on the "Send Order" button. The data provided in the order will be considered correct by the Seller. Immediately after receiving the order, the Seller shall confirm receiving the order to the Buyer by electronic mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address"). The confirmation of receiving the order does not mean accepting the order.
C.V. Depending on the character of the order (quantity of the goods, the purchase price amount, the expected costs of transport), the Seller will always be entitled to ask the Buyer for additional confirmation of the order (for example in writing or by phone).
C.VI. The purchase contract between the Seller and the Buyer is considered concluded upon delivery of order reception (acceptance) e-mailed to the Buyer to their e-mail addressed.
C.VII. The Buyer understands that the Seller is not obliged to enter into the purchase contract, namely with parties that have committed material breaches of the purchase contract (including the Terms) in the past.
C.VIII. The Buyer agrees with the use of the means of remote communication when entering into the purchase contract. The costs incurred by the Buyer in using the remote communication means in relation to entering into the purchase contract (the costs of internet connection, the costs of telephone calls) shall be borne by the Buyer.
D. PURCHASE PRICE PAYMENT METHOD
D.I. The price for the goods and any costs relating to delivery of the goods according to the purchase contract may be paid by the Buyer to the Seller in the following manners:
* by bank transfer to the Seller's IBAN: CZ83 2700 0000 0013 8810 2154 and SWIFT: BACXCZPP, administered by Unicredit bank. (hereinafter referred to as the "Seller's Account");
* by a payment card to the Seller's account;
* cash on delivery at the location specified by the Buyer in the order;
* in cash upon taking delivery in person at the main warehouse address specified in the contact information;
D.II. Along with the purchase price, the Buyer is further obliged to compensate the Seller for any costs relating to the packing and delivery of the goods. Unless expressly stated otherwise, the purchase price is understood as including the costs related to delivery of the goods.
D.III. For cash payment upon taking delivery of the goods in person at the main warehouse or for cash on delivery, the purchase price is payable upon take-over of the goods.
D.IV. In the case of a money transfer, the purchase price is payable before sending the goods to the Buyer. The Buyer is obliged to pay the purchase price for the goods with the indication of the payment's variable code. The Buyer's undertaking to pay the purchase price will be considered complied with at the moment the respective amount is received at the Seller's account with the indication of the appropriate variable code.
D.VI. Any discounts against the price for the goods to be granted by the Seller to the Buyer may not be mutually combined.
D.VII. If usual in the business relationships or where specified in the generally applicable legal regulations, the Seller shall issue a tax document – invoice for the Buyer for the payment made on the basis of the purchase contract. The Seller is a value added tax payer. The Seller shall issue a tax document – invoice to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer's e-mail address.
E. WITHDRAWAL FROM THE PURCHASE CONTRACT
E.I. The Seller and the Buyer have the right to withdraw from the purchase contract under the conditions inherent in the applicable legal regulations.
E.II. The notice of withdrawal must be demonstrably delivered to the Seller's registered office address or to the Seller's e-mail address: eshop@textil.eu The withdrawal shall come into effect on the date following the date of delivery of the notice of withdrawal to the other contracting party.
E.III. Withdrawal from the Contract shall cause all the rights and obligations of the parties inherent in the Contract to expire and the contracting parties are obliged to return to each other the mutually provided fulfilments. However the withdrawal from the Contract does not affect the right to compensation of any damage incurred as a result of a breach of the Contract, the right to the payment of any contractual penalty, or the contractual provisions concerning the selection of the governing law or the selection of the method of resolving any disputes between the contracting parties.
E.IV. In the case of withdrawal from the Contract, the goods must be returned to the Seller within 7 business days from the date the withdrawal from the Contract comes into effect. If the Buyer breaches the obligation to the previous clause, the Seller will have the right to a contractual penalty in the amount of 0.1% of the purchase price of the goods for each day of the delay with regard to the return of the goods, regardless of whether, or not, the Buyer is at fault), however up to the purchase price of such goods. This provision is without prejudice to the the Seller's right to compensation of any damage they may incur due to the breach of any obligation covered by the contractual penalty including where the compensation of damage is higher than the claim to the contractual penalty. The goods must be returned to the Seller without any damage and wear and tear and, if possible, in the original packaging.
E.V. Within 10 business days of the return of the goods by the Buyer pursuant to Article E.IV. of the Terms, the Seller is entitled to check up the returned goods, particularly to find if the returned goods are damaged, worn or partially consumed.
E.VI. In the case of withdrawal from the Contract, the Seller shall repay the purchase price (reduced by the costs spent for delivery of the goods) to the Buyer within 10 business days of termination of the time limit to check up the goods as specified in Article E.IV. of the Terms, by money transfer to the account specified by the Buyer. The Seller also has the right to return the purchase price in cash upon the return of the goods by the Buyer.
E.VII. The Buyer understands that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller will have the right to receive from the Buyer a compensation of any damage incurred by the Seller due to the goods being in such a condition. The Seller may unilaterally set off its right to compensation of any damage incurred against the Buyer's right to be refunded for the purchase price. Similarly, the Seller is entitled to unilaterally set off its right to the contractual penalty according to Article E.III. of the Commercial terms against the Buyer's right to be refunded for the purchase price.
F. CONDITIONS FOR TAKE-OVER OF THE GOODS
F.I. On the basis of this Contract, the Seller shall deliver the goods to the Buyer, who takes from the Seller other deliveries (in addition to the goods sold via the e-shop) based on another contractual relationship within the Seller's distribution network, directly to the Buyer's registered office or place of business on the date of the regular distribution of other goods. The Buyer may also pick up the goods in person at the Seller's main warehouse at the address: Elisky Krasnohorske 1585, 544 01 Dvur Kralove nad Labem, Czech Republic
F.II. A buyer who does not take delivery of any other goods from the Seller save for those sold via the e-shop, under any other contractual arrangement within the Seller's distribution network, shall be delivered the goods by the Seller under the present purchase contract, via agreed method of transport. The Buyer may also pick up the goods in person at the Seller's main warehouse at the following address: Elisky Krasnohorske 1585, 544 01 Dvur Kralove nad Labem, Czech Republic.
F.III. In the event the method of transport has been agreed on the basis of the Buyer's requirement, the Buyer shall bear the risk and possible additional costs, if any, relating to such a method of transport.
F.IV. If the Seller is obliged to deliver the goods according to the purchase contract to the place specified by the Buyer in the order, the Buyer will be obliged to take over the goods upon delivery. Unless the Buyer takes over the goods upon delivery, the Seller will be entitled to claim a storage fee at the rate of 5% of the purchase price and will also be entitled to withdraw from the purchase contract.
F.V. If it is necessary for reasons attributable to the Buyer to redeliver the goods or deliver the same in a manner different from that specified in the order, the Buyer will be obliged to pay the costs relating to such redelivery of the goods or the costs relating to the different manner of delivery.
F.VI. While taking over the goods from the Seller, from the Seller's carrier or from the carrier agreed according to Article F.III., the Buyer is obliged to check the integrity of packaging of the goods and in the case of any defects, report them immediately and demonstrably to the person, from whom the goods have been taken over. In the event a packing with disturbed integrity is identified implying unauthorised access to the consignment, the Buyer will not be obliged to take the goods over. By signing the delivery note the Buyer confirms that the goods were properly packed without any damage to the packaging and no later complaint about disturbed integrity of the packaging will be taken into account.
G. DEFECTS IN THE GOODS
G.I. The rights and obligations of the contracting parties relating to their responsibility for defects are governed by the applicable provisions of the Commercial Code.
G.II. The Seller shall be liable for any defect the goods will display at the moment the risk of damage to the goods passes to the Buyer, even if the defect only becomes apparent after that event.
G.III. Determining the moment of passage of the risk of damage to the goods is governed by the provisions of Section 2121 et seq. of the Commercial Code.
H. OTHER E-SHOP CONDITIONS
H.I. The Buyer shall acquire the title to the goods as late as upon full payment of the purchase price of the goods.
H.II. The Buyer understands that the software and other components incorporated in the e-shop web interface (including the photographs of the offered goods) are protected by copyright. The Buyer undertakes to refrain from performing any activity that might allow them or any third party to interfere with or illegally use the software or other components of the e-shop web interface.
H.III. When using the e-shop web interface, the Buyer is not entitled to use the mechanisms, software or other procedures that might have a negative impact on the functioning of the e-shop web interface. The e-shop web interface can only be used as long as the usage is not to the detriment of the rights of the other Seller's customers and which is in accordance with the purpose of the e-shop.
H.IV. The Buyer notes that the Seller assumes no responsibility for any mistakes caused by intervention in the website by any third parties or due to use of the website contrary to its purpose.
H.V. The Buyer understands that they are buying the goods via a remote e-shop, the goods having the design (appearance) according to the the Seller's catalogue, and that the Buyer cannot claim any defects in the goods or file any other claims with reference to a difference between then appearance of the goods in the Seller's catalogue at the Seller's website and the goods actually delivered, which was caused by inappropriate setting of the Buyer's PC monitor.
CH. PERSONAL DATA PROTECTION WITH REGARD TO CORPORATE BUYERS – NATURAL PERSONS
CH.I. Personal data protection with regard to the Buyer, who is a natural person, is provided for under Act No. 101/2000 Coll. on personal data protection as amended.
CH.II. The Buyer agrees with the processing of their personal data as follows: Name and surname, residential address, identification number, tax identification number, electronic mail address and telephone number (hereinafter referred to as the "personal data").
CH.III. The Buyer agrees with the processing of their personal data by the Seller for the purpose of exercising the rights and obligations resulting from the purchase contract and for the purpose of sending information and commercial messages to the Seller.
CH.IV. The Buyer understands that they are obliged to provide their personal data correctly and truly (in registration, in their user accounts and in placing orders via the e-shop web interface) and that they are obliged to inform the Seller about any change in their personal data without undue delay.
CH.V. The Seller may appoint a third party as a processor to process the Buyer's personal data. Without the prior Buyer's consent, the personal data shall not be provided to any third parties except the parties in charge of the and transport the goods and payment system operators.
CH.VI. The personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form by an automated method or in printed form by a non-automated method.
CH.VII. The Buyer confirms that the provided personal data is accurate and that the Buyer has been informed that the personal data is provided voluntarily. The Buyer declares that they have been informed that the consent with the processing of the personal data by the Seller may be revoked by the Buyer by a written notice delivered to the Seller's address.
CH.VIII. If the Buyer thinks that the Seller or the processor (Article CH.V.) processes their personal data contrary to the protection of the Buyer's private and personal life or contrary to the law, especially if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
a) ask the administrator or processor for explanation;
b) require the administrator or processor to remedy such a situation. This may particularly include blocking, correcting, supplementing or destroying the personal data. If the requirement of the data subject under the previous clause is found to be justified, the administrator or processor shall immediately remedy the objectionable situation. Unless the administrator or processor accommodates the requirement of the data subject, the data subject will have the right to directly address the Office. The procedure under the previous clause does not exclude the option for the data subject to directly address the Office with its motion. The administrator must inform the recipient about the entity's requirement according to the clause one under this paragraph clause and about the blocking, correcting, supplementing or destroying of the personal data. This shall not apply if informing the recipient is impossible or would require inadequate efforts.
CH.IX. If the Buyer requires information about processing its personal data, the Seller will be obliged to provide the Buyer with such information. The Seller has the right to require a reasonable compensation for the provided information not exceeding the costs necessary for providing the information.
CH.X. The Buyer hereby approves of the Seller assigning additional personal data acquired in a legal manner to the personal data acquired hereunder. At the same time, the Buyer approves of the Seller providing the personal data to third parties, however only for the purpose of offering trade and services in relation to the Seller's business operations, and agrees to be sent commercial offers to their e-mail address.
I. ELECTRONIC COMMUNICATION AND DELIVERY
I.I. Any legal acts and notices relating to this purchase contract must be given in writing and must be delivered to the other contracting party by electronic mail, in person or by registered mail through a postal service operator (at the sender's discretion). The deliveries to the Buyer shall be especially made to the Buyer's e-mail address specified by the Buyer in their user account or at the e-shop web interface. It must be obvious from the legal acts and notices who is performing/sending them and to what orders or purchase contract they relate.
I.II. A notice will be considered as delivered:
* in the case of delivery by e-mail, upon receiving the notice by the incoming mail server; the integrity of messages sent by e-mail may be secured by a certificate;
* in the case of delivery in person or through a mail service operator, upon take-over of the consignment by the addressee;
* in the case of delivery in person or through a mail service operator, also upon rejecting to take over the consignment, if the addressee (or a person authorised to take over the shipment on behalf of the addressee) rejects to take over the shipment;
* in the case of delivery through a mail service operator, to the address specified by the contracting party upon concluding the purchase contract or to the address, which is the place of business or registered office of the contracting party specified in the Commercial Register, Trade Register or other register specified by law, upon expiration of the term of 10 days from depositing the consignment and sending a notice to the addressee to take over the deposited consignment, if the consignment is deposited with the mail service operator, including when the addressee did not learn of the deposition.
J. FINAL PROVISIONS
J.I. If the relationship associated with the use of the e-shop web interface or the relationship established by the purchase contract includes an international (foreign) element, the parties have agreed that the legal relationships shall be governed by the Czech legal rules and that any disputes and other legal matters resulting from such legal relationships shall be decided by the courts of the Czech Republic.
J.II. If any provision of the Terms is or becomes invalid or ineffective, such invalid provision shall be replaced with a provision, whose meaning will be as close to the invalid provision as possible. Invalidity or ineffectiveness of one provision has no effect on the validity of the remaining provisions of the purchase contract. Any changes and amendments to the purchase contract or Terms must be made in writing.
J.III. The aforementioned commercial terms and conditions are an integral part of each purchase contract that will be created within the internet shopping between the seller, the company LA LINEA s.r.o., and a business person as a buyer. The purchasing business person accepts these commercial terms and conditions of the internet shop in their full scope and with no reservations by entering into a purchase contract with the internet shop LA LINEA s.r.o. Any deviations, changes or additions to the commercial terms and conditions of the internet shop have to be agreed between the seller and a purchasing business person in written form prior sending out an order / ordering form.
J.IV. Seller's contact information: delivery address: Elisky Krasnohorske 1585, 544 01 Dvur Kralove nad Labem, Czech Republic, e-mail address: eshop@textil.eu, telephone: +420 499 311 124.
These Terms shall come into effect on 1st of January 2014.
