General Terms and Conditions - businessman

I. General provisions

The general terms and conditions (GTC) stipulate relations between contractual parties of the purchase agreement / licensing agreement. In these terms and conditions "Discomp" or "seller" means Discomp s.r.o. (Reg. No. 25236792, VAT Id. No. CZ25236792), having its registered office at Cvokařská 8, 312 00 Plzeň and registered in the Register of Companies of the Regional Court in Pilsen, section C, entry 11558, and "buyer" means the customer.

Legal relations explicitly not stipulated in these GTC or the agreement between seller and buyer–company (buyer), where the buyer is a company with its Reg. No. written in the sales document, are regulated by relevant provisions of the Act No. 89/2012 Coll. (Civil Code) and related regulations as amended.

Seller shall pledge its full compliance, while putting the product on the market, with obligations resulting from the Act No. 22/1997 Coll. on technical requirements for products as amended. The declaration of conformity according to the provision 13a of the act shall be available with the manufacturer.

Buyer is aware that buying the product from seller's business offer shall not give him the right to use trademarks, registration marks, business names, company logos or patents of seller or other companies, if not otherwise agreed and stipulated in the special agreement.

Buyer has no right to use, copy, modify, transform or otherwise interfere with the copyrights of purchased software products.

Buyer shall read the Return Policy and General Terms and Conditions prior to ordering the goods. By placing the order with seller, buyer agrees on herein terms and conditions and return policy of seller.

II. Personal data protection

Seller deems buyer's personal data confidential and shall use them only to fulfill business relations with buyer and shall not provide them to the third party or publish elsewhere. Passing contact details (address and phone number), which are necessary for successful delivery of the order, to the shipping company is considered an exception.

Personal data are collected, processed and stored in compliance with the valid laws of the Czech Republic, explicitly with the Act No. 101/2000 Coll. on Personal data protection as amended. Placing the order, buyer gives right to the seller to collect and process personal data related to performing the subject of the purchase agreement entered into until revocation of the right in the written form. Buyer shall have a right to access and correct own personal data as well as other legal rights to personal data.

III. Price for the goods

The price for the goods is set by the seller and is published on the Internet website www.discomp.cz. Buyer can see his current prices after singing in to the e-shop. The price of the ordered goods is an e-shop valid price at the moment of the order delivery from seller to buyer, if not otherwise agreed between buyer and seller. Buyer acknowledges that he has familiarized with seller's prices valid on the day of entering int the purchase agreement.

IV. Ordering of the goods

Buyer shall order the goods and enter into the purchase agreement personally at the seller's store, by phone, e-mail, or through e-shop. Any herein mentioned form of ordering is binding. Buyer shall provide seller with all necessary details in the order for its successful fulfillment (i.e. way of delivery, name, delivery address, invoicing details, phone, etc.). Only legally competent persons are allowed to do business and enter into the purchase agreement through distant communication channels.

V. Change and cancellation of the order–purchase agreement

Buyer is allowed to ask seller to change or cancel an unconfirmed order. For an order confirmed by seller, a changed order shall be considered binding for both parties at the moment the change of order is confirmed by seller. Seller shall not be obliged to accept a change of a confirmed order after seller has already handed the goods over to the shipping company according to the original order or modified the goods in compliance with the wish of the customer. If buyer cancels the order (fully or partly), which had been already confirmed by seller, seller has a right to require from buyer a contractual penalty (cancellation fee) amounting to CZK300,- and covering incurred costs related to the order cancellation. Payment of the contractual penalty shall not affect the right of seller to request a compensation for possible damage incurred.

Seller is allowed to withdraw from the agreement if realization of the order becomes impossible due to ceased production of ordered goods, the goods are not imported onto the market, which is accessible to seller, or the cause of its long term unavailability is not on the side of seller. Seller shall cancel only the part of the order, which has been affected by herein mentioned incapability of the order realization. Seller has a right to cancel the order and terminate the agreement if the purchase price from seller's suppliers has changed significantly, provided that seller was unaware of such a price change at the moment of the order confirmation. Seller shall inform buyer on the price change without delay and prior to cancellation of the purchase agreement and shall renegotiate a new deal. Should a new agreement with buyer on the new price not be possible, seller has a right to terminate the purchase agreement–order.

VI. Delivery terms and conditions

Buyer shall select a way of delivery in the order; personal pick-up or delivery by the shipping company. Sending the goods with the shipping company is only possible on work days. The goods that are in stock and ordered by 4 PM on a work day are handed over to the shipping company on the same work day. A complete order is sent for delivery unless otherwise agreed between buyer and seller. The shipping cost in the Czech Republic is CZK 100,- without VAT (121,- with VAT). The shipping is free if the total amount of the order is over CZK 5,000,- without VAT (6,050,- with VAT). The goods can be delivered abroad; the shipping costs related to the foreign shipping depends on the weight and size of the delivery and shall be sent to buyer upon request before the dispatch of the shipment. The goods delivered through the shipping company shall be properly packed by seller using protective packaging and adhering to usual packaging standards as to prevent any damage to the goods. Protective packaging that is used, precisely writing and print on them, do not have to correspond with the goods delivered. The goods delivered shall always be identified by a label on the protective packaging informing buyer on the contents of the delivery. Protective packaging used for delivery purposes are single use packages and are not returnable.

If buyer refuses to accept the goods shipped by the shipping company according to the valid order confirmed by seller from other than legal reasons, seller has a right to request from buyer a compensation for incurred damage resulting from such behavior.

If the goods are prepared for pick-up and buyer does not pick up ordered goods at the seller's store in one week and unless new pick-up date is agreed between seller and buyer, seller is eligible to cancel the purchase agreement.

VII. Acceptance of the goods

Acceptance of the goods shall be understood acceptance from seller or shipping company. By accepting the goods, buyer gives his agreement with the Return Policy and Claim terms and conditions.

Buyer must carry out a check on number, damage and completeness of the delivery at the time of acceptance of the goods from seller or shipping company, i.e. compare the delivery with the shipping documents, delivery note, or transport documents.

If the shipping company delivers the goods to buyer, it is highly recommended to buyer to check the delivery immediately at the time of acceptance from the shipping company (number of packages, company tape with logo not damaged, packaging damage) and compare it with attached transport documents and refuse to accept an incomplete or damaged shipment or make a record of any infringement with the shipping company at the time of acceptance. Potential damage or incompleteness of the shipment caused by the shipping company must be addressed at the time of delivery and directly with the shipping company. If in doubts regarding completeness and damage of the shipment, buyer shall contact seller prior to the shipment acceptance, in which case seller shall collaborate on resolution of the situation. Later claim is not accepted by seller if buyer accepts from the shipping company a shipment that is clearly damaged or incomplete and confirms correct acceptance with his signature.

Damage risk shall be passed onto buyer at the time of acceptance of the goods personally at the store or from the shipping company.

VIII. Payment conditions

Purchase price for the goods delivered shall be paid in cash at the acceptance at the seller's store or by wire transfer in advance according to the pro forma invoice issued by seller upon buyer's request. For cash on delivery option of payment, the purchase price shall be paid to the shipping company, cash on delivery fee is CZK 50,- without VAT (CZK 60.50 with VAT). State institutions and organization may be given, after prior agreement, longer maturity date according to the deal.

Seller may offer to buyer different payment conditions (invoice payment) that may be agreed and defined in the framework purchase agreement signed by buyer and seller.

IX. Warranty

Warranty shall be governed by seller's Return Policy and applicable and effective legal regulations of the Czech Republic. Buyer's sales check or manufacturer's warranty card, if provided by the manufacturer, shall be deemed the warranty card.

X. Miscellaneous provisions

Signing up in the e-shop, buyer (registered) agrees with receiving informative messages on changes in sales and warranty terms and conditions, news and further information.

Seller has a right to change these General Terms and Conditions without prior notice.

XI. Final provisions

All buyer's claims are to be sent at info@discomp.cz. A notification on resolution of buyer's claim shall be sent by seller to the e-mail address of buyer.

Business relations and disputes, which may occur, shall be resolved in compliance with the laws of the Czech Republic and by relevant courts of the Czech Republic.

Potential disputes between DISCOMP s.r.o and buyer may also be resolved through out-of-court settlement. In such cases, buyer–consumer may contact an institution dealing with out-of-court settlement of disputes, such as Česká obchodní inspekce (Consumer Center Czech Republic) or on-line through a specific tool called ODR platform. For more information on out-of-court settlement click here. Before proceeding to the out-of-court settlement of the dispute, DISCOMP s.r.o recommends buyer to contact DISCOMP s.r.o for resolving the situation.

These General Terms and Conditions, including their attachments, are valid and effective from 17.5.2018 and replace all previous General Terms and Conditions and their attachments.