General Business Conditions

These General Business Conditions (hereinafter also referred to only as the “Business Conditions”) shall apply to contracts and agreements entered into by and between the company

MRAMORIT a.s. with its registered office Káranice 72, Káranice, Postal Code 50366
Company Registration Number: 25268406
Tax Identification Number: CZ25268406

entered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section B, Entry 1631

Mailing address: MRAMORIT a.s., Káranice 72, Káranice, Postal Code 50366, Czech Republic
Tel.: 495 499 103
Contact e-mail: vesela@mramorit.cz

as the Seller

and an entrepreneur or a legal entity, or a natural person – consumer

as the Buyer
(hereinafter collectively also referred to only as the “Contracting Parties”).

  1. Initial Provisions
    1. The Business Conditions define and specify the basic rights and obligations of the Contracting Parties when concluding contracts on the sale of goods or other contracts specified herein (hereinafter also collectively referred to only as the “Contract”).
      • The provisions contained in these Business Conditions are inseparable part of the Contract. Any provisions which might deviate from the Business Conditions can be stipulated in the Contract. Any provisions which deviate from the Business Conditions take precedence over the Business Conditions. The Seller is entitled to amend or change the text of the Business Conditions. Any and all rights and obligations of the Contracting Parties are always governed by the text of the Business Conditions applicable at the time when these rights and obligations were constituted. Any matters not specified herein the relationship between the Contracting Parties is governed by relevant legal regulations, especially by act no. 89/2012 Sb., of the Civil Code, as amended (hereinafter also referred to only as the “Civil Code”) and if the Seller is also the consumer it is also governed by act no. 634/1992 Sb., Consumer Protection Act, as amended (only if you are consumer).
    2. The Contract and Business Conditions are executed in Czech. Contract can be concluded in Czech unless the Contracting Parties explicitly agree otherwise.
    3. By entering into the Contract the Buyer is bound by these Business Conditions.
    4. Goods which are subject-matter of the Contract are especially bath tubs, washbasins, bathroom furniture, kitchen countertops or any similar goods specified in detail by the Seller.
  2. Payment Conditions
    1. Apart from any individually agreed methods of payment, the Buyer can pay the purchase price for the goods to the Seller also by using any of the payment methods specified below:
      • in cash if the goods are sent C.O.D. or if you collect the goods in person;
      • wireless transfer before the delivery of goods to the bank account of the Seller (instructions for payment will be given to the Buyer in order confirmation);
      The Seller is entitled to enable payment for the goods after the delivery. This method of payment is usually reserved for regular customers. Unless otherwise agreed, the tax document – invoice is enclosed to the goods together with the delivery note.
    2. In the case of cashless payment the price is due by fourteen days from the day the contract was concluded, unless the Contracting Parties agreed otherwise. In the case of cashless payment, obligation of the Buyer to pay the price of the goods is fulfilled when the respective amount is credited to the Seller’s account.
    3. If the Buyer fails to observe the due date of payment in accordance with these Business Conditions, the purchasing entrepreneur can be charged interest on late payment amounting to 0.5% of the due amount for every day of default. The right of the Seller to seek damages for any damage incurred by the Buyer’s default is not prejudiced by the aforesaid.
    4. If the Buyer is in default with payment of the purchase price for services, the Seller is entitled to suspend any further arranged delivery of goods until all the due obligations of the Buyer are paid.
    5. Payment for the goods can be made in Czech koruna (CZK) or in Euros (EUR).
    6. Any expenses related to the goods delivery shall be charged to the Buyer with respect to the size and nature of goods and in accordance with the price list of the selected carrier. If it is not possible to determine the transport related expenses in advance, the price shall be communicated additionally.
  3. Withdrawal from Contract
    1. Until the acceptance of goods by the Buyer, the Seller is entitled to withdraw from the purchase contract anytime. In such case, the Seller shall return the purchase price to the Buyer by wireless transfer to the account the Buyer specifies for that particular purpose or to the account from which the money was sent to pay the purchase price (if the Buyer fails to specify the account within 5 days following the withdrawal to the Seller) or return the purchase price in cash.
    2. The Seller is also entitled to withdraw from contract entered into between the Seller and an entrepreneur if the Buyer is in default with payment of the purchase price for more than 4 weeks.
    3. The Buyer is entitled to withdraw from contract if the Seller is in default with delivery of goods for more than 4 weeks from the arranged day of delivery.
    4. The Buyer which is entrepreneur is not entitled to withdraw from contract regarding goods which were delivered duly, on time and free of defects. The previous sentence shall not apply if the Buyer consents to payment corresponding to 30% of the price of the goods and sends the amount to the Seller’s account. In such case the Buyer which is entrepreneur has the right to withdraw from the contract.
    5. Withdrawal from contract must be made in writing. Withdrawal from contract is effective upon its delivery to the other Contracting Party.
    6. If any presents are provided together with the goods, the contract of donation expires upon the withdrawal from contract by either of the Contracting Parties.
  4. Rights arising from defective performance
    1. Rights arising from defective performance are governed by generally binding regulations (especially provisions of ss. 1914-1925, ss. 2099-2117 and ss. 2158-2174 of the Civil Code).
    2. The Buyer as a consumer has the right to warranty for consumer goods the period of which is 24 months. Entrepreneurs are not provided with this warranty period.
  5. Final provisions
    1. If the legal relationship arising from the contract contains any international (foreign) elements, the Contracting Parties agree that the relationship is governed by the Czech body of laws.
    2. If any of the provisions of these Business Conditions is or becomes invalid or unenforceable or ineffective, it shall be replaced with such provision the meaning of which is as close as possible to the invalid one. Validity of the remaining provisions shall not be affected by invalidity, unenforceability or ineffectiveness of one of the provisions. Any amendments and changes to the contract or these Business Conditions can only be made in writing.
    3. Any disputes arising from or in connection with this Contract shall be finally settled by the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic in accordance with its Rules and by one arbitrator appointed by the President of the Arbitration Court. The aforesaid shall not apply if the Buyer is a consumer.
    4. The Buyer declares that he/she read these Business Conditions prior to entering into the contract.

These Business Conditions are effective and in force as of June 1, 2015.