1. General provisions

a) By submitting an order, the Buyer accepts the Terms and Conditions declared by the Seller for the delivery of goods. The relationship between the Buyer and the Seller is governed by these Terms and Conditions, which are binding for both Parties unless explicitly stated otherwise in the Agreement. The Terms and Conditions further define and specify the rights and obligations of the Seller (BARRACUDA CZ s.r.o.) and its customers (Buyers), and in their current wording form the content of the Purchase Agreement (regarding the delivery of goods) and are an integral part thereof.

b) If a permanent Purchase Agreement in writing is not concluded between the participants, then the Seller shall deliver the goods on the basis of an electronic order and the customer’s specification (orders delivered by e-mail) in the form which is available when the customer first registers in the online shop.

2. Subject of the Agreement

The subject of the Agreement is only the items explicitly listed in the Purchase Agreement/order (hereinafter referred to as the “goods”). The weight, dimensions, capacity, prices, performance and other information listed on the promotextile.cz website, and in catalogues, leaflets and other printed material, are non-binding information, unless explicitly stated in the Agreement as binding. BARRACUDA CZ s.r.o. (hereinafter referred to as the “Seller”) undertakes to supply to its customers: 

- faultless goods in accordance with the specification, or with the properties customary for the given type of goods

- complying with the norms, regulations and decrees applicable in the territory of the Czech Republic and the EU

- equipped with Czech operating instructions, warranty certificates and lists of post-warranty repair centres, if it is customary for the given type of goods

3.

 Performance location

The performance location is the Seller's warehouse. When the Goods are collected by the Buyer in person, the Buyer shall be obliged to present proof of full payment of the Goods in the distribution warehouse. When the Goods are collected by any person other than the Buyer, the person collecting the Goods shall be obliged to present a power of attorney from the Buyer, issued in the name and valid identity card of the authorised person.

4. Ordering goods, conclusion of the Agreement

a) A condition for the validity of the electronic order is the entry of all the information and requisites prescribed by the form. The order is a draft Purchase Agreement. A formal confirmation of the order by the Seller is not required for the conclusion of the Purchase Agreement. The Agreement is created by the delivery of the goods itself. In individual, particularly more expensive cases, the Seller can reserve the creation of an Agreement by confirmation of the order.

b) Depending on the nature of the transaction (quantity of goods, price, transport costs, distance, etc.), the Seller is always entitled to request that the Buyer authorise the order in an appropriate manner, e.g., by telephone or in writing. If the Buyer refuses to authorise the order in the required manner, then the order is considered invalid.

c) If a long-term framework written Purchase Agreement is concluded between the participants, then the electronic order further specifies and establishes the concluded Agreement, and is an integral part thereof.

d) Permanent customers with whom a written Purchase Agreement is concluded enjoy the advantages agreed upon during the signing of the Agreement, or unilaterally offered by the Seller after the conclusion of the Agreement on their website. 

5. Price and payment

The offer prices listed on the promotextile.cz website are applicable at the time of ordering. The prices listed in the printed price list are applicable until a new price list is issued. The Seller reserves the right to make typographical errors, and to amend prices in the event of a change in exchange rates, a considerable increase in inflation, or significant changes in supplier conditions offered by manufacturers and other suppliers of goods. The purchase price shall be considered paid only upon the crediting of the entire purchase price for the separate part of the delivery to the Seller’s current account, or payment in cash at the Seller’s cash desk. In the event of failure to comply with any payment deadline, the Buyer is obliged to pay the Seller a late fee of 0.1% of the value of the amount which was not paid on time, for every day of delay. The Seller reserves ownership rights to the goods until full payment of the purchase price.

An invoice issued on the basis of the Purchase Agreement between the Seller and the Buyer is simultaneously a tax document. Receipt of the goods by the Buyer is fundamentally only possible after they have been paid for in full, unless agreed otherwise.

The cost of transport is added to the price of the goods.

The taxable fulfilment is considered performed upon the sale of the goods as per the Purchase Agreement, on the day of delivery. In other cases, on the day of receipt or payment of the goods, whichever occurs earlier, unless this Act stipulates otherwise.

If the Seller is not obliged to deliver the goods to a certain location as per the Agreement, then the goods are delivered upon handover to the first carrier for transport to the Buyer, if the Agreement stipulates that the goods be sent by the Seller.

6. Delivery time

The delivery time is calculated from the day of receipt of a binding order, under the condition of the receipt of all documents necessary for the timely execution of the delivery. In the case of goods made to order, the usual delivery time is 14 days. The delivery time shall be extended, according to circumstances, if the delay is caused by force majeure or factors which are not the fault of the Seller.

However, some manufacturers do not report a production outage or delayed delivery in time. If the order is important, then the Buyer should request written confirmation thereof from the Seller. The delivery time is considered fulfilled if the goods are prepared for handover at the fulfilment location no later than the last day of the agreed or subsequently agreed delivery time. If the Seller is unable to send the goods to the customer (hand them over to the first carrier for transport) within 30 calendar days, then they must return all funds paid by the customer in relation to the current order/Purchase Agreement to their account without undue delay.

7. Transport terms, postage

Overview of possible consignment delivery methods, and their prices, for:

PPL                                        91 CZK

Czech Post - cash on delivery              95 CZK

The delivery time is within 3 working days from the handover of the consignment to the carrier. The Buyer is obliged to properly take over the goods from the carrier, check the integrity of the packaging and the number of packages, and immediately notify the carrier of any defects. The invoice and tax document are enclosed in a marked package.

8. Warranty, service 

The warranty period begins from the day of handover of the goods to the Buyer or end user during the sale. The Seller provides a guarantee of the quality and completeness of the delivery. The goods are supplied with a 24-month warranty. If the Buyer discovers defects upon receipt of the goods, then they must always report these facts in writing, by registered post, without undue delay and no later than 3 days after receipt of the goods.

The complaint form must contain the date of delivery of the goods, the product name, the quantity of goods the complaint refers to, a description of the defect and a proposal as to how the complaint should be handled. The Seller must respond to the complaint within 10 days of receipt.

9. Final provisions

These Terms and Conditions are applicable, in the wording stated on the Seller’s website, on the day of sending the electronic order, unless otherwise agreed in writing between the participants. During a permanent contractual relationship (if a framework Purchase Agreement is concluded in writing), the Buyer has the right to withdraw from the Agreement in the event of a significant change in the Terms and Conditions after signing the Agreement. If they send an order after the day on which the change in the Terms and Conditions took place, it applies that they agree with the change. Withdrawal is effective upon delivery to the Seller, but does not apply to a consignment already handed over to a carrier. By sending an electronic order, the Buyer unconditionally accepts all the provisions of the Terms and Conditions in the wording applicable on the day of sending the order, as well as the price of the ordered goods applicable on the day of sending the order (including any shipping and transport costs) as listed in the price list on the website, unless demonstrably agreed otherwise in the specific case. The Buyer is irrevocably bound by the sent order (draft Purchase Agreement) for the period stipulated for the delivery of the goods. The participants have agreed that, unless the Terms and Conditions explicitly stipulate otherwise, the contractual relationship is governed by the law of the Czech Republic, and any disputes shall be resolved by the relevant courts of the Czech Republic.

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