GENERAL TERMS AND CONDITIONS

according to provisions of Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code as amended (hereinafter referred to as the “Civil Code” or “CC“)

I. Introductory provisions

1. These General Terms and Conditions (hereinafter referred to as “GTC”) are issued by KRUBERT s.r.o., company ID No: 272 49 727, having its registered office at Krátká 262, Luštěnice, Postal Code 294 42, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 107593 (hereinafter referred to as the “Seller”).
2. These GTC regulate the mutual rights and obligations of the Seller and the natural person who enters into a Sales contract outside their business activity as a consumer or within their business activity and also the mutual rights and obligations of the Seller and the legal entity who enters into the Sales Contract.
3. The provisions of these GTC are an integral part of the Sales Contract. Any deviating provisions in the Sales Contract shall prevail over the provisions of these GTC.
4. The Seller is an entrepreneur whose scope of business includes manufacture, trade, and services not specified in Annexes 1 to 3 of the Trade Licensing Act, road freight transport operated using vehicles or combinations of vehicles of the largest permissible weight exceeding 3.5 tonnes if intended for the transport of animals or things; or operated using vehicles or combinations of vehicles of the largest permissible weight not exceeding 3.5 tonnes if intended for the transport of animals or things.
5. The Seller, within the scope of its business, manufactures and sells pallets and EUR-pallets, repairs them, and sells other goods manufactured or offered by the Seller (hereinafter referred to as “Goods“) and ensures their delivery to the customer.
6. Under these GTC, e-mail communication is considered written communication.

II. Conclusion of a Sales Contract

1. The Buyer sends the Seller a written order for the Goods and submits to the Seller the documents and information necessary for the proper conclusion of the Sales Contract, namely the proper identification of the Buyer, the specification of the required Goods, the required quantity, the place of delivery, the contact person handling this order, information on the required date and method of delivery. If the Buyer fails to specify any of the required data in the order, the Seller will ask them to clarify or complete the data. If the order is made by telephone, the Buyer is obliged to subsequently complete the information for the Seller by email, if the Seller invites them to make such clarification.
2. The Seller will confirm the Buyer’s order submit a draft Sales Contract, which will state the purchase price for the ordered Goods, the expected delivery date, and the place of delivery of the Goods (if delivery is the subject of the Contract).
3. The Seller will send the current General Terms and Conditions as an attachment to the confirmed order or draft Sales Contract or indicate in the confirmation of the order or draft Sales Contract that the concluded obligation is governed by the Seller’s General Terms and Conditions valid on the date of conclusion of the obligation, available on the Seller’s website.
4. The Sales Contract is concluded by delivery of a written consent (confirmation) to the written order from the Seller to the Buyer and in case of an electronically placed order its confirmation by the Seller made electronically.
5. Derogations and additions by the Seller contained in the confirmed order are only valid if the Buyer subsequently agrees to them in writing, and likewise derogations and additions by the Buyer contained in the Seller’s confirmed order are only valid if the Seller subsequently agrees to them in writing. In case of e-mail communication, the Parties’ confirmation of the change to the order made electronically is valid.

III. Delivery of Goods

1. The Goods will be delivered to the Buyer within the time specified in the confirmed order or the concluded Sales Contract.
2. The Seller will deliver the Goods to the place indicated in the order with the delivery note. If the Buyer does not request delivery of the Goods, the Seller shall fulfil its obligation to deliver the Goods at the time of delivery of the Goods to the Buyer or the Buyer’s first carrier.
3. Ownership of the Goods shall pass to the Buyer only upon payment of the agreed purchase price for the delivered Goods in full.
4. The risk of damage passes to the Buyer upon the acceptance of the Goods. Acceptance of the Goods must be confirmed by the Buyer or their representative in the transport document or delivery note. If the Seller is obliged to hand over the Goods to the carrier for transport at a certain point on the Buyer’s instructions, the risk of damage to the Goods passes to the Buyer upon handing them over to the carrier at that point.

IV. Purchase price, payment terms, invoicing terms

1. The purchase price is agreed in the confirmed order or the concluded Sales Contract.
2. The purchase price will be invoiced by the Seller after the Buyer has taken over the Goods, by an invoice with a due date determined by the Seller. The invoice must fulfil all the requirements of a tax document.
3. Payment of the invoice means crediting the relevant amount to the Seller’s account.

V. Obligations of the Seller and the Buyer

1. The Seller is obliged to deliver the Goods to the delivery address according to the confirmed order or concluded Sales Contract, duly and promptly in accordance with the confirmed Order or concluded Sales Contract.
2. The Buyer is obliged to accept the agreed Goods and pay the Seller the purchase price agreed in accordance with Article IV of these GTC.
3. Prior to delivery of the Goods, the Seller may, upon prior notice, adjust the price of the Goods to reflect any alterations requested by the Buyer or changes in costs incurred by the Seller in certain items such as energy or labour. The delivery will take place after the Buyer confirms the new purchase price.

VI. Quality of Goods and complaints

1. The Seller is liable for the fact that the delivered Goods are in accordance with the confirmed order or the concluded Sales Contract, have the required quality and utility characteristics, or the quality and utility characteristics usual for goods of this type, comply with the requirements of legal provisions and are delivered in the quantity according to the confirmed order or the concluded Sales Contract.
2. The Buyer is obliged to complain about a defect in the quantity of Goods immediately after receiving the Goods, in writing to the Seller’s address.
3. The Buyer is obliged to claim the defect in the Goods from the Seller within 3 working days of its discovery, in writing to the Seller’s address.
4. In the written complaint, the Buyer also chooses how he wants the defects in the Goods to be remedied. In doing so, the Buyer is obliged to allow the Seller to inspect the Goods. The Seller is obliged to comment on the complaint no later than 5 working days after receipt of the letter of complaint, and to remove the reported defects within 10 working days at the latest in case they are recognized by the Seller.

VII. Contractual penalties

If the Buyer is in default of the obligation to pay the purchase price for the delivered Goods, the Seller is entitled to demand a contractual penalty of 0.1% of the amount due for each day of delay. The payment of the contractual penalty does not affect the Seller’s right to compensation for damage.

VIII. Duration and termination of the contractual relationship

1. The contractual relationship between the Seller and the Buyer is established by confirming the Buyer’s order until the delivery of the Goods and their acceptance by the Buyer, and in the case of concluding a Sales Contract for the period agreed in it and if not agreed, then for an indefinite period.
2. The Seller and the Buyer are entitled to withdraw from the contractual relationship under paragraph 1 of this Article in the event:
1. if insolvency proceedings are opened against the property of the other Party,
2. if one of the Parties meets the conditions for bankruptcy,
3. of a gross breach of obligations by either Party.
3. The withdrawal from the Contract must be made in writing and delivered to the other Party, and the effects of withdrawal shall commence on the date of delivery of the withdrawal notice to the other Party.

IX. Personal data processing principles

1. The Seller, as a personal data controller, processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
2. The Seller has not appointed a data protection officer and does not transfer personal data to third countries or international organisations.
3. The Seller, as the controller, processes the following personal data for the Buyer, who is a natural person: name, surname, address, e-mail, telephone, company ID number, VAT number.
4. The Seller obtains personal data directly from data subjects through orders from customers. The personal data is processed only for the purpose of communicating with customers in response to their orders.
5. The Buyer agrees to the processing of personal data to the extent specified in paragraph 3 of this Article and for the purpose specified in paragraph 4 of this Article.
6. The Seller undertakes to protect personal data to the maximum extent possible using technical and organizational measures.

X. Final provisions

1. The mutual relations of the Seller and the Buyer are governed namely by Act No. 89/2012 Coll., the Civil Code as amended.
2. The Seller may amend or supplement the wording of the General Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions.

These General Terms and Conditions come into force on 1 March 2023.

KRUBERT s.r.o.
Jan Krubert, Managing Director