Terms and conditions

General terms and conditions of delivery and warranty of Konsepti (hereinafter also as “the GTCDW”)

These GTCDW regulate the relationships between contracting parties of the purchase contract entered into by and between the seller KONSEPTI, Ltd., with registered office at Komunardů 32, 170 00, Prague 7, company identification number 63668203, incorporated in the Companies Register by the City Court in Prague, section C entry 37570 at the register court of Prague (hereinafter also as “Konsepti”) at the one side, and individual buyers (hereinafter also as “the Buyer”) on the other side.

The Buyer is the Consumer or the Enterpriser.

The Consumer: every person who concludes a contract or deals with Konsepti beyond the purview of his/her enterpreneur activity or individual occupation.

The Enterpriser: one who pursues his/her self-employed activity on his/her own account and responsibility on a trade-licence basis or any other basis with the intention to do so continuously and for the purpose of making profit.  For the purpose of consumer protection, besides other things, the Enterpriser is also every person who concludes contracts related to his/her own business activity, production activity etc., or to his/her self-employed activity, or every person acting on behalf or on the account of the Enterpriser.

The Buyer is aware that purchasing products from the commercial offer of Konsepti does not give him/her the right to use registered trademarks, business names, company logos and other things of Konsepti or any of its contract partners, unless in a particular case stipulated otherwise by means of a separate contract.

All contractual relations are concluded in compliance with Czech Republic Law. When the Consumer is the contracting party, these relations abide by the Civil Code (no. 89/2012 Coll.) and consumer protection law (no. 634/1992 Coll.), all subsequently amended. When the Enterpriser is the contracting party, these relations abide by the Civil Code (no. 89/2012 Coll.), all subsequently amended; nevertheless, consumer contracts regulations (distance contracts regulations) contained in Act no. 89/2012 Coll. and other consumer protection regulations are not applied in this case. The provisions of the GTCDW are an integral part of the purchase contract. Both the GTCDW and the purchase contract are drawn up in Czech language. Provisions regarding legal consumer rights apply only when the Buyer is the Consumer (e.g. withdrawal from contract referred to in § 1829 and following).

By concluding the purchase contract, the Buyer affirms that he/she got acquainted with the GTCWS and he/she agrees with them. Prior to transacting the order, the Buyer is additionally alerted to the GTCDW and has the chance to get acquainted with them. The concluded contract is archived on the side of Konsepti for the purpose of its successful execution and is not accessible to any third parties.

The Buyer will receive a copy of the GTCDW to the given e-mail address prior to concluding the contract; the Buyer will receive the tax voucher including basic contract data when taking delivery of the goods and/or services.

Prices

Prices derive from the prices for which the supplied range of goods is sold in the European markets. Concrete prices are laid down in the valid original of pricelist of each particular manufacturer in foreign currency (usually EUR) or local pricelist in CZK (ČR) and EUR (SR).

Konsepti reserves the right to change the prices anytime in the course of the year. The prices of ordered goods or more precisely the prices of confirmed orders cannot be changed. Actual version of the pricelist is attached to/enclosed with the valid wording of the GTCDW.

Notifications prior to concluding the contract

Konsepti communicates that:

  1. It performed its duty towards the Consumer referred to in § 1811 Paragraph 2 Act no. 89/0212 Coll. of the Civil Code when it communicated to the Consumer prior to his concluding the contract:
  • its identity, or as the case may be telephone no., e-mail address or another contact information,
  • identification of the goods or another services and description of their properties,
  • the price of the goods or other services, its calculation including all taxes and fees,
  • the means of payment and means of delivery or performance,
  • delivery costs, or a statement of an additional charge in case it is not possible to set the delivery costs beforehand,
  • information about the rights in case of defective performance, the warranty rights and other conditions when exercising these rights,
  • information about the commitment period and conditions of commitment termination, in case the contract is to be concluded for unlimited time period,
  1. the costs of long-distance communication means do not differ from the basic fee (in case of internet or telephone connection according to the conditions of the Buyer´s operator). Konsepti does not charge any additional fees, except for possible contractual transportation,
  2. in case the Consumer as the Buyer should withdraw from the contract, he/she will bear the costs of returning the goods in case it cannot be returned by means of the usual postal services because of its nature,
  3. if service providing is the subject of the contract and the performance of this service has already started, the Consumer is obliged to pay the proportional price in case he/she withdraws from the contract.

Conclusion of contract

The Buyer concludes the contract with Konsepti based on (alternatively):

  1. a written offer (sent by e-mail or mail) including the indication of the goods which is the subject of delivery, price – or a reference is made to a specific written offer by Konsepti which represents the draft contract. In such case, the purchase contract itself is concluded at the moment of reception of the acknowledgement – Konsepti´s binding agreement with the Buyer´s suggestion. An actual wording of the GTCDW is attached to/enclosed with this acknowledgement;
  2. the Buyer´s oral order when shopping in person, where he/she is alerted to the actual wording of GTCDW by the side of Konsepti; the actual version of GTCDW is directly available in Konsepti store;
  3. the confirmation of Konsepti´s written offer (date, signature, stamp, or as the case may be expressed will in writing when replying by e-mail). In such case, the GTCDW are communicated to the Buyer along with the offer;
  4. a written contract in a physical form. In such case, the Buyer will be acquainted with the GTCDW in a verifiable way prior to concluding the contract (they will be sent to him/her by

e-mail, fax, etc., or as the case may be attached to the contract);

The above-mentioned acts make the offer binding in terms of the offered delivery conditions from the side of Konsepti.

By concluding the purchase contract, the Buyer affirms he/she got acquainted with the GTCDW and agrees with them. Konsepti in a sufficient way calls the attention of the Buyer to the GTCDW prior to placing the order and the Buyer has the chance to get acquainted with them.

Delivery

The method of delivery is determined by Konsepti, unless stated otherwise in the purchase contract. In case the method of delivery is arranged at the request of the Buyer, he/she bears the risk and possible additional costs connected with this method of delivery.

Unless stated otherwise in the offer or the contract, the price does not include the costs of shipping to the destination. Shipping constitutes a separate item of the offer and derives from the Complementary Services Pricelist which is attached to/enclosed with to each offer.

The discounts stated do not automatically apply to discounted goods.

In case it is necessary due to the reasons on the side of the Buyer to deliver the goods repeatedly or by means of a method other than the one determined in the order, the Buyer is obliged to cover the costs related to this repeated delivery, or as the case may be another means of delivery.

When taking delivery, the Buyer is obliged to verify that the goods packaging is undamaged; in case of any defect, forthwith report so to the carrier.  Should the packaging be found damaged as a result of an unauthorized intrusion, the Buyer is not obliged to take delivery of such consignment. By signing the delivery note, the Buyer affirms that the consignment meets all conditions and requirements and any possible future claim to package damaging cannot be taken into consideration.

Immediately upon the delivery, the Buyer is further obliged to inspect the condition of the consignment along with the carrier and refuse to take delivery of a consignment which is not in accordance with purchase contract by being incomplete or damaged etc. If the Buyer takes delivery of such consignment, it is necessary to describe the damage in the carrier´s handover protocol.

It is necessary to forthwith report any incomplete or damaged consignment to the e-mail address praha@konsepti.com, fill out the damage protocol along with the carrier and send it without undue delay by fax, e-mail or mail to Konsepti. Additional claim for incompleteness or outer damage does not rid the Consumer of his/her right to enforce this claim; however, it gives Konsepti the chance to prove there is no contradiction with purchase contract.

Goods assembly and manipulation

Unless stated otherwise, the price does not include:

-           unloading the goods

-           standard carry-up of the goods

-           moving the goods

-           manipulation of the goods

-           goods assembly

-           refuse collection and disposal.

Costs of the above-mentioned activities constitute a separate item of the offer and derive from Complementary Services Pricelist which is attached to/enclosed with every offer.

Standard carry-up of the goods means manual carrying up the goods up to 100 kg of weight, maximum up to a 3rd Floor, or as the case may be without floor limitation if taken up by lift.

Non-standard carry-up of the goods involves the use of a sky lift, crane etc., or carrying up the goods higher than a 3rd Floor. Such cases become the subject of a separate offer.

Handling over the goods and involuntary storage

The Buyer is obliged to inspect the goods prior to taking delivery and take down in the “delivery note” (handover protocol) any ascertained evident defects and other discrepancies. In case of minor defects which do not prevent usage of the goods, the Buyer is obliged to take the delivery. Hidden defects ascertained later are covered by the guarantee conditions.

In case the delivery consists of goods from various manufacturers with various delivery times, the Buyer is obliged to take partial delivery, unless both parties agree otherwise (in writing). 

In case it is not possible to deliver the goods at the pre-arranged date and time due to objective reasons on the side of the Buyer, Konsepti will store the goods in its storeroom and the Buyer will be charged all costs in their actual amount, unless both parties agree otherwise beforehand (in writing). Konsepti is in such case entitled to request a fee for the expenses of storing and storage costs in the amount of 40,- Kč (forty Czech crowns) for 1m2/item/day of storing, and is further entitled to withdraw from purchase contract. In case of offers exceeding the value of 500.000,- CZK, Konsepti will offer free storage for the time period of max. 14 calendar days.

If the delivered goods is stored in the place of performance and its installation is made impossible without the fault of Konsepti, the delivery is considered proper and the Buyer is obliged to check the quantity of the goods and take delivery – unless both parties agree otherwise beforehand. However, the right following from the complaints procedure is not affected thereby.

Delivery time

Standard goods delivery time is 2-12 weeks depending on the type of goods and the manufacturer. Delivery time starts running upon settling the pre-payment invoice. The closer delivery date is always laid down in the offer. The particular week of delivery is subsequently laid down in the Order Confirmation.

Payment terms

Konsepti reserves the right to change the price. Valid prices are confirmed to the Buyer at the moment he/she receives the acknowledgement of his/her order. All prices are final, i.e. including VAT or any other taxes or fees which must be paid by the Consumer in order to obtain the goods.

Payment terms constitute cash payment upon the delivery of the subject of performance or the possibility to use other payment methods listed below. Konsepti is entitled to require an advance payment prior to the delivery and up to 100% value of the order. In case the advance payment is required, Konsepti issues “Advance payment – tax voucher”. The value of the advance payment is deducted on the tax voucher (invoice) upon the delivery of the goods.

Possible payment methods:

-           cash payment upon taking delivery of the goods

-           payment by payment card when taking delivery in the store

-           cash on delivery payment

-           Online payment by payment card

-           Payment by bank transfer to the account at ČSOB: Account no. 700479913/0300

Installation and setup of the goods are not part of the purchase contract. For more information, see Section 5 of the GTCDW.  

Along with the purchase contract, The Buyer is obliged to pay to the supplier also the expenses related to the goods delivery (shipping, manipulation and setup of the goods, or as the case may be the enforced storage expenses) in the agreed amount.

In case of a non-cash payment, the Buyer is obliged to settle the purchase price along with stating the variable symbol of the payment. In case of a non-cash payment, the Buyer´s commitment to settle the price is fulfilled when the appropriate amount has been credited to the Supplier´s account.

Possible discounts from the price of goods provided by Konsepti to the Buyer cannot be combined.

Once the advanced payment including VAT in the agreed amount has been paid, the delivery time starts running, unless agreed otherwise by both contractual parties. The balance payment is due latest on the date of the delivery, unless agreed otherwise by both contractual parties or stated otherwise in the offer.

The goods become the property of the Buyer upon full reimbursement of the purchase price.

Warranty period and conditions

Konsepti strongly recommends that the Buyer studies thoroughly the guarantee conditions including the Czech Instructions for Use prior to first usage and subsequently strictly abides by them. Or else the Buyer may incur the risk of damaging the item by incorrect usage and will not be able to enforce a claim within his/her right following from the responsibility for defect. The Consumer (or the Buyer who has taken out the guarantee on the goods) is entitled to exercise the right related to defects within 24 months from the date of taking delivery with the exception of items separately listed in the offer.

The Buyer inspects the item as soon as possible upon taking delivery in accordance with § 2104 of the Civil Code (no later than 24 hours from taking delivery) and performs the quality and quantity check.

The Warranty does not cover common wear and tear of the goods (or its components) caused by usage. In such case, shorter lifespan of the product cannot be considered a defect and cannot be claimed. Konsepti is obliged to provide the warranty in writing (guarantee document/acknowledgement) at the Consumer´s request. This document can be replaced by purchase document if it includes business name of the Seller, identification number and registered address.

Buyers who use the goods for business or trade purposes use the warranty period set by each particular importer of the goods into Czech Republic. The above-mentioned 24-month warranty period is intended solely for Consumers, not Enterprisers. Enterprisers will be informed about the period in which they can exercise their rights related to defects during the contract negotiations.

Konsepti is liable for selling a non-defective item at the moment of taking delivery. This means that the item to sell has the quality and particular performance required by the contract, described by Konsepti, the manufacturer or his representative, or expected on the bases of the promotion made by the afore-mentioned, or as the case may be the usual quality and performance of such type of an item, that it meets the respective legal requirements, that it is in the corresponding amount, measurement or weight and its purpose of use corresponds with the one stated by the Seller or with the purpose of use usual for such an item.

Should the item be defective or lack the qualities stated in the previous article and required by respective law, the Buyer is entitled to a free of charge and timely elimination of the defect, delivery of a new non-defective item or new components, and if this is not possible, he/she is entitled to request an appropriate discount from the purchase price or to withdraw from the purchase contract.

The Buyer cannot exercise the right related to defective performance in case he/she knew that the item was defective when taking delivery, or in case he/she caused the defect him/herself. A defect which occurs within six (6) months from the date of taking delivery is considered a defect which has already been there at the moment of taking delivery.

Konsepti suggests a particular settlement of the claim within 5 days. A claim can be settled either by means of repairing the goods on the spot or at the manufacturer, exchanging the goods, or providing an additional discount. The time period necessary for expert assessment of the defect (according to the type of goods or services) is not included in the above-mentioned claim settlement period. In case of manufacturer repair abroad, this period for eliminating the defect will be set by an agreement between the two parties.

The claim will be settled and the defect eliminated without undue delay, within thirty (30) calendar days of the claim enforcement, unless Konsepti and the Buyer who has taken out the warranty period agree otherwise. After the expiry of this time-limit, the Buyer who has taken out the warranty period can exercise the same rights as if the defect was ineliminable.

Konsepti issues to the Buyer who has taken out the warranty period a written document about the date of the claim enforcement, its content and means of settlement requested.  Konsepti also issues (and sends by e-mail) a document confirming the date and means of the claim settlement, including a confirmation of the repair and specification of its duration. In case of a claim denial, Konsepti issues a written justification of this denial. This obligation also applies to other persons appointed to make the repairs.

Warranty is always to be drawn upon in writing or by means of an e-mail to praha@konsepti.com and it is necessary to unequivocally establish which goods it relates to (laying down the invoice no./delivery note, code, defect description, photograph). Warranty covers defects on the construction, mechanics and the materials used, it does not cover defects caused by namely:

-           inappropriate use of the product (such which the product was not tested, produced and intended to be used for)

-           common wear and tear (“aging”)

-           inappropriate manipulation, fall, deformation caused by a hit

-           unwarranted interference with the construction or mechanics, repairs made by untrained personnel

-           disrespecting the Instruction for Use, if translated

The time-limit for claim settlement is suspended in case Konsepti has not received all data required to settle the claim (goods components, other data etc.).  Konsepti is obliged to request the completion of this data from the Buyer without undue delay. The time-limit is suspended from this date until the requested data has been supplied by the Buyer.

In case the claimed goods needs to be sent to Konsepti, the Buyer in his/her own interest makes sure it has been wrapped in suitable and sufficiently protective wrapping material meeting the demands of fragile goods transportation. The Buyer will include all accessories and mark the consignment with relevant symbols.

Having settled the claim, Konsepti will then call upon the Buyer to take delivery of the repaired goods.

The claim is not applicable in case of inexpert assembly or inexpert putting the goods into operation, as well as inexpert handling, i.e. namely when using the goods in conditions with parameters not corresponding to those stated in the goods documentation.

Should the Buyer visit any service technician, it is necessary to devise a protocol about the identified defects and method of their elimination. Without this protocol such visit cannot be taken into account.

Withdrawal from contract, order cancellation

The right to withdraw from contract concluded outside the store premises is the Consumer´s right as referred to in the provisions of § 1829 and following of the Civil Code and can be exercised within fourteen (14) days from taking delivery. The Consumer is obliged to deliver the withdrawal from purchase contract to Konsepti within fourteen (14) days of taking delivery. If the purchase is within the frame of a business activity, the right to withdraw from contract cannot be exercised.

The Consumer notes that, as referred to in the provisions of § 1837 and following of the Civil Code, it is not possible, besides other things, to withdraw from contract which has been adjusted according to the Buyer´s wish, as well as contract on delivery of goods subject to fast wear and tear, or in case the Buyer damages the original packaging of the goods.

In case of valid withdrawal from contract on the side of the Consumer, Konsepti is obliged to return the purchase price to the Consumer within ten (10) working days of the physical return of the goods, but no later than thirty (30) days from the reception of the withdrawal from purchase contract, by means of a non-cash payment to the account given by the Consumer. Konsepti is also entitled to return the purchase price in cash when returning the goods to the Consumer. Konsepti is not obliged to return the purchase price to the Consumer unless he/she has returned the goods or proves that it has been sent off.  The Consumer bears all the costs related to returning the goods.

The Consumer notes that if the goods returned to Konsepti is damaged, worn or partially consumed, Konsepti has the right to ask for compensation of this damage. Konsepti is entitled to set this claim for damage against the Consumer´s claim for returning the purchase price. A common damage of the original packaging which was caused when unpacking the goods cannot be considered as the goods depreciation.

Konsepti reserves the right to cancel the order or its part prior to concluding the purchase contract in case the goods is not being produced or supplied anymore, or should the manufacturer or supplier considerably change the price. In case the Buyer has already paid a part of/the whole purchase price, this amount will be transferred back to his/her account and the contract will not be concluded.

Konsepti further reserves the right to cancel the order in case of an obvious error in the price of the goods (e.g. when the price differs from the one which is usual for this kind/type of goods). An obvious error in price involves faulty stating of the first three figures instead of four, an obviously low price, and other errors in writing. In such situation, Konsepti immediately contacts the Buyer in order to agree on the ensuing steps. In case the Buyer has already paid a part of/the whole purchase price, this amount will be paid back to him/her (in the shop in person, by bank transfer to an account or to an address) in the shortest possible time, i.e. within 10 working days, but no later than 30 days from the cancelation of the order on the side of Konsepti. 

Privacy policy

All information about Buyers is stored in compliance with the existing legislation of Czech Republic, namely with the law on privacy policy no. 101/2000 Coll. all subsequently amended. By concluding the contract, the Buyer agrees to having his/her personal data processed and collected in Konsepti´s database when the contract has been successfully executed, until he/she expresses in writing his/her disagreement with this processing.

Konsepti declares that all personal information is confidential, will be used only for the purposes of the execution of the contract and marketing events, and will not be otherwise published, disclosed to any third person etc. with an exception of the situation related to the distribution or payment relating to ordered goods (mentioning of the name and the delivery address). Konsepti proceeds so that the subject of the data will not suffer any infringement of his rights, especially human rights, and also shall ensure protection against unauthorized intervention into the private and personal life of subjects. Personal information that is provided voluntarily by the Buyer to Konsepti for the purposes of order fulfillment and marketing events are collected, processed and stored in accordance with the valid laws of the Czech Republic, in particular with the Act No. 101/2000 Coll., on the protection of personal data, as amended. The Buyer gives the consent to Konsepti for the collection and processing of personal data for the purpose of fulfilling the subject of closing sale contracts and for marketing events (esp. for sending of commercial communications), and this will be possible until a written statement of disagreement is sent to the address of Konsepti spol. s r.o., ID 63668203, Komunardů 32, 170 00 Praha, 7, Czech Republic. A written statement can also be submitted in electronic form in this case, especially via the contact form on www.konsepti.com. The Buyer has the right to access his personal data and to correct them (through the stated contact form including the right to request explanation and removal of a defective condition and other legal rights to the data).

The Buyer has the right to access his/her personal data, the right to correct them, and other legal rights related to this data. Based on a written request from the Buyer, it is possible to remove his/her personal data from Konsepti´s database. The Buyer´s personal data is fully secured against misuse. The Buyer´s personal data is not transferred to any third parties. External carriers constitute the only exception - personal data is transferred to them in minimum extent necessary for the goods delivery.

Individual concluded contracts are archived by Konsepti in an electronic form; they are only accessible to Konsepti.

Regulations of this section do not affect Konsepti´s option to process personal data without the consent of their subject in case this processing is allowed as referred to in the provisions of § 5 Paragraph 2 Protection of privacy Act.

Final provisions

Every official offer by Konsepti includes a shortened version of the GTCDW and a link to their full text, which the Buyer is fully acquainted with.

By placing an order based on the price offer, the customer expresses his/her consent with the GTCDW and fully accepts their full text with the exception of changes stipulated in the offer or the concluded contract.

Should any provision of the GTCDW be invalid or ineffective, or should it be rendered so, the invalid regulation is to be left behind to allow for a new regulation closest with its meaning to the invalid one.  Invalidity or ineffectiveness of one regulation does not affect the validity of other regulations and provisions.

These GTCDW are valid from January 1st, 2014.

The Complementary Services Pricelist can be found on www.konsepti.com and is also attached to/enclosed with these GTCDW.