INFORMATION
TERMS OF COOPERATION
Terms of Cooperation
Kaufetronics SRO’s Provision
Supplier/Kaufetronics S.R.O: Kaufetronics S.R.O with the registered office in Korunni 2569/108, Vinohrady, 101 00 Praha 10 Czech Republic. And a office premise at 1174/8 Litevská , Praha – Vršovice (Praha 10) Praha 10100 Czech Republic with the share capital of 12,500 CZK, Tax Identification Number (DIČ): CZ14103249.
1.a. All the provisions included in these Terms of Cooperation apply to all the agreements made between Customers and Kaufetronics S.R.O (KTE). They can be changed on the basis of individual written arrangements, signed by authorized Customer’s employees and by KTE. The KTE’s Terms of Cooperation are published on the website www.kaufetronics-sro.cz, in the “Terms of Cooperation”.
1.b. A party in the agreements made with KTE can be exclusively an adult natural person or a legal person or an organizational unit without legal personality, to which separate provisions grant legal personality, hereinafter called the Customer.
1.c. Agreements realization provisions being in force in the Customer’s company, different from the KTE’s provisions, will not be accepted by KTE. Any additional or different Customer’s trade provisions are binding for KTE only when they have been explicitly accepted by Kaufetronics S.R.O in writing.
1.d. If the Customer remains in a constant trade relationship with KTE, their acceptance of the KTE’s Terms of Cooperation when registering as a KTE customer or at first ordering shall be deemed as acceptance with regard to all subsequent agreements, unless a separate agreement regarding a given order has been made with KTE, regulating the provisions of its processing. In case of a change in the Terms of Cooperation made by KTE during trade cooperation, the acceptance of these changed terms at first ordering shall be deemed as their acceptance for all the subsequent agreements.
1.e. Wherever in the Terms of Cooperation the catalogue is mentioned, it should be understood as its printed copy, a CD/DVD, portable disks, a web page, advertisements and press information, leaflets and all the other ways of public presentation of our company’s trade information.
1.f. The Buyer acknowledges that consumer acknowledges that goods sold by KTE, unless the product manufacturer has represented otherwise as regards the products’ intended use, are not designed and dedicated for any applications in which a failure may result in a situation threatening human health or life or in disastrous damage to property; and in particular they are not designed for medical applications or to save and sustain life or for nuclear applications, nor are they intended to be used in the design, manufacture or otherwise used in so-called supercomputers.
Prices
2.a. Any information relating to goods, including prices contained in the Catalogue, on CD/DVD, on the KTE’s website or in other information material constitutes only an invitation to conclude a contract, but does not constitute an offer. 2.b. Prices included in the catalogue and on the CD/DVD, as well as in other information materials should be treated as approximate. The binding price during sales is the price published by KTE on its website: www.kaufetronics-sro.cz at the time of placing the order, unless a different price has been agreed in writing by an authorized employee of KTE. 2.c. In case of advance payment made for a given product purchase, the price being in force shall be the proforma invoice price. The price indicated in the proforma invoice shall be in force only until the last day of the payment deadline indicated in this invoice. 2.d. The prices shown on the web page www.kaufetronics-sro.cz are in: EUR. Please, always check whether a given offer’s price includes VAT. The prices never include shipping and customs costs. They are Ex Works Czech Republic / Ex Works Germany / Ex Works Hong Kong.
Procedure to order
3.a. KTE accepts orders by phone, post, e-mail and via the www.kaufetronics-sro.cz online sales system (“service”).
3.b. KTE is not liable for any effects of incorrect or illegible order made by the Customer, especially for any incorrectness resulting in a delay in the order processing and failure in delivery of ordered goods.
3.c. Placing an order does not bind KTE and lack of response does not mean any silent acceptance of the order.
3.d. Goods can be ordered by providing the correct part number and the total number of quantity. The details can be provided in the Get quote as well as it can be added to the customer’s cart. 3.e. At a Customer’s request, a confirmation of placed orders is sent.
3.f. It is possible to place orders with delivery on specified future terms.
3.g. If the Customer has made an advance payment and it is not possible to complete the order, KTE will issue a correction document for the value of the uncompleted order.
3.h. To place an order, the Customer can either log in to their account in the service or make purchase without registration, by following the relevant instructions available in the service under the “Help” tab. Account registration and order placement on behalf of a company is carried out by a person authorised by the Customer. After placing an order, an order confirmation e-mail will be sent to the e-mail address provided by the customer during account registration or in the order form. Order confirmation is tantamount to concluding a sales contract under the terms and conditions described in these terms of cooperation. The customer can verify the order via their account or, if they placed an order without registration, via the attached document to the order confirmation e-mail.
Shipment to customers
4.a. Shipping costs are incurred by the Customer, unless it is agreed otherwise upon a separate agreement made between the Customer and KTE. 4.b. The amount of shipping costs depends on a package’s weight, its dimensions, country of destination, and a selected carrier/forwarder. 4.c. Shipping costs are added to the order and invoiced with the first shipment containing the goods from a given order. On a Customer’s request, combining additionally ordered goods with the second or any subsequent shipments containing the goods from a given order means that such shipment including additionally ordered goods will be treated as a new order and the shipping costs will be added to it. If a package weight exceeds the lump sum for a given country (or such a lump sum has not been established), then the shipping costs are calculated by the KTE logistic team. 4.d. Terms of deliveries are approximate terms, unless the Customer agreed with KTE the delivery term based on a separate agreement. 4.e. KTE selects a forwarder/carrier, unless it has been agreed otherwise in a separate agreement between the Customer and KTE. The Customer agrees that the carrier may leave the package at the delivery address without the addressee having to confirm its receipt, in accordance with the carrier’s delivery policy. 4.f. The collection of goods from KTE at 1174/8 Litevská , Praha – Vršovice (Praha 10) Praha 10100 Czech Republic is possible only after individual arrangements to that end are made by the Customer and KTE.
EU Customers and its mandates
5.a. Customers from the European Union are obliged to give their European registration VAT number in order to make purchases at 0% VAT rate. If we do not receive such a confirmed number from you as well as the confirmation of the goods receipt, we will be obliged to issue an invoice with the Czech tax on goods and services (VAT) in accordance with the rate currently being in force. The Customer can be charged with Czech tax on goods and services (VAT) if they do not present KTE the confirmation of European registration VAT number validity on the day of the agreement conclusion with KTE, or if this number is invalid on the day of the delivery. The Customer will be charged with the Czech tax on goods and services also when they transport the goods abroad on their own and when they do not provide us with the confirmation of exporting the goods to another European Union’s country.
Export
5.b. Customers with their head office outside the European Union receive the VAT invoice and the EAD customs document containing a unique MRN number together with the goods. This code should be presented on the European Union’s border. If the goods do not leave the European Union’s customs border within 150 days from the EAD document issuance or if crossing the border is not confirmed by the Border Customs Office, you will be charged with the tax on goods and services (VAT), according to the current rate being in force.
5.c. The customer acknowledges that the law provisions of some countries and international organizations introduce restrictions on trade in certain goods and their related technology and documentation with specific countries, entities or individuals and declares that in the light of the applicable national and international law he/she is not deprived of the right to acquire the goods offered for sale by KTE.
5.d. The customer undertakes to comply with the law, including customs, import and export regulations of the country to which the product purchased from KTE is to be shipped, as well as to obtain all the necessary permits or licenses for trade, export, re-export and import of goods from the country of origin, where the law provisions in force require such permits, and also to comply with the customs regulations of the countries.
5.d.1. The Customer undertakes to comply with all the official acts, in particular the provisions of the acts of law, regulations, orders and issued under them: decisions and sanctions relating to the so-called dual-use items – to the extent to which that they relate to the goods purchased from KTE (hereinafter: the Goods), including but not limited to: (i) the US Export Administration Regulations; (ii) the US International Traffic in Arms Regulations; (iii) the laws and regulations on economic sanctions administered by the US Foreign Assets Control of the Department of the Treasury; (iv) European Union legislation on export controls and sanctions; (v) United Nations sanctions policy; (vi) all relevant rules established under any of the above-mentioned regulations; and (vii) other applicable economic sanctions, export controls, or import regulations (collectively: “Export Regulations”).
5.d.2. The Customer represents that they: (i) will only use the Goods for civilian end uses and will not use the Goods for unauthorized military end uses within the meaning of the Export Regulations; (ii) will not allow restricted end users to obtain the Goods except as permitted by the Export Regulations; (iii) will not allow prohibited or sanctioned entities to obtain the Goods except as permitted by the Export Regulations, including, but not limited to, persons listed on: (A) the U.S. Specially Designated Nationals List, the Denied Persons List, Entity List, or (B) the consolidated list of persons, groups and entities subject to EU financial sanctions implemented under the EU’s Common Foreign and Security Policy; (iv) will not use the Goods for end uses prohibited by the Export Regulations, such as the design, modification, production or manufacture of nuclear, missile, chemical or biological weapon, nor will they use the Goods for the design, improvement, repair or manufacture of so-called supercomputers.
5.d.3. The Customer shall not knowingly re-export, resell, transfer or otherwise make the Goods available to the third parties who fail to confirm expressly and unequivocally that they comply with the rules set out in point 5.d, including in point 5.d.1 and 5.d.2. of these general terms and conditions.
PI & CI
6.a. KTE issues a sales document to every transaction made. It is always a VAT invoice, but depending on a Customer and a transaction type, it may be one of the following types of VAT invoices.
6.a.1. Net VAT invoice, containing net prices and goods values. The tax is calculated as a product of value multiplied by rate. This type of invoice is issued to Customers with business activity, having legal personality and organization units not having legal personality to which separate regulations grant legal capacity. Issuing a net VAT invoice can depend on providing KTE with the documents confirming conducting business activity or holding legal personality.
6.a.2. Gross VAT invoice, i.e. invoices containing prices and values of goods with VAT. This type of invoices is issued to all individual Customers (consumers).
6.b. Invoices can be issued, among others, in the following currencies: CZK, USD, EUR, HUF, PLN, SEK, DKK, or GBP.
6.c. Customers who have an account in the www.kaufetronics-sro.cz service, can receive electronic invoices. Customers who place an order without registering an account receive VAT invoices in an electronic form only. By accepting these terms, the consumer agrees to the sending of electronic VAT invoices to their e-mail address.
Payment Methods
7.a. KTE accepts payments made in the following ways: bank transfer and PayPal.
7.b. Customers can negotiate the payment method. In order to agree on the terms of payment, please contact the KTE Sales Department.
7.c. To obtain a deferred payment term Customers need to send us their company’s up-to-date registration documents (or other documents on demand). Also, it requires the approval from the KTE Accounting Department.
7.d. KTE reserves the right to charge the statutory penalty interest for untimely payments by the Customer and the possibility of charging the Customer with debt collection costs on the terms and in the amount provided for in the provisions in force on the date of the contract.
7.e. KTE reserves the right to refuse an order, to withhold the order processing, or to withhold the shipment of goods ordered if the Customer falls behind with payments, or if their legal or financial situation can cause problems with making payments in the future, or when KTE has doubts about the financial situation of the Customer.
Quality and warranty
8.a. Goods sold by our company are of high quality. The way of their transportation, storage and packaging ensures their protection against damages, both mechanical and electrical. 8.b. High quality is a value that is important for KTE not only in relation to the products offered, but also to the level of services provided. To this end, KTE, has implemented an Integrated Quality Management and Environmental Management System, which is continuously improved in accordance with the requirements of the ISO 9001:2015 standards, as confirmed by the certificate available on our website under the “Quality” tab.
Claim Procedure
9.a. Please, submit all remarks concerning the quality of the products sold, customer service and discrepancies between the factual state and the invoice in writing to our Complaints Department: +420 777610042 support@kaufetronics-sro.cz, and in the case of export, to KTE’s Sales Department : +420 777610042 contact@kaufetronics-sro.cz 9.b. Returns of defective and mistakenly delivered goods should be made exclusively after obtaining the consent from a KTE Complaint Department employee. The goods can be returned only by shipment without payment. A Complaint Department employee can, in specific cases, ask a specific forwarder or carrier to collect the goods. 9.c. The reason for the return may also be the delivery by KTE of the products with parameters other than those described in our catalogue, if the discrepancy of parameters affects the functionality of the products determined in accordance with their intended purpose. 9.d. After we receive the complaint notification and the goods concerned (if KTE considers the examination of the goods as indispensable to consider the complaint) we examine the legitimacy of a given complaint. In case of accepting the complaint, it is only possible to reimburse the money, grant compensation with the current charges, or replace the goods with products free of any defects. 9.e. In the event that the complaint is accepted, a corrective invoice will be issued as a confirmation that its terms and conditions between the Customer and KTE have been agreed and fulfilled. 9.f. The complaint must include precise description of the complaint cause, a copy of purchase document and expected way of settling the complaint, selected from the ways described in item 9.d. A complaint notification should be made in the complaint form which can be found on the web page www.kaufetronics-sro.cz in the “Service” section, “Complaint form” tab. 9.g. Quantity complaints can be reported not later than 7 working days from the date of receiving the shipment. 9.h. If the shipment arrived in a state that indicates possible mechanical damage during transport, the Customer should check it in the presence of the courier and make a protocol describing the damages. Only such a protocol, signed by a forwarder, constitutes the basis for the complaint. 9.i. KTE’s responsibility for delivery of defective goods is limited to the goods’ replacement or reimbursement of the amount paid. 9.j. Refund Policy: If the payment for the purchased goods was made by Bank transfer or PayPal, KTE will refund the money using the same payment method, and in other cases – the refund will be made to the bank account indicated by the Customer, unless KTE and the Customer agree to make the refund in another way.
Limitation of the Liability
10.a. Kaufetronics S.R.O. shall not be liable for any damage resulting from the failure to meet the delivery date, delivery of products with parameters other than those included in the catalogue or online offer, as long as the discrepancy of parameters does not affect the functionality of the products determined in accordance with the intended purpose of the product, failure to deliver a product or price changes. Particularly, we are not liable for breaks in the production process, loss of profit, or indirect losses arising due to non-delivery of the appropriate goods in a given term. The above limitations do not apply to a situation, in which there was a separate agreement made regarding the goods’ delivery between the Customer and KTE, in which the terms of delivery and liability for not meeting them were specified.
10.b. KTE is not liable for the effects of the delivered products misuse.
10.c. KTE is not liable for any mistakes in the print of the catalogue or any mistakes in technical documentation available on the Internet.
10.d. We also reserve the right to deliver goods with parameters other than those included in the catalogue, as long as the discrepancy of the parameters does not affect the functionality of the products determined in accordance with their intended purpose. Therefore, after receiving the goods from us, please check whether their properties do not differ from your requirements. The parameters and descriptions of the offered products are approximate only and may not constitute grounds for claiming compensation, as long as the non-conformities in this regard do not affect the functionality of the products determined in accordance with their intended purpose. It is the Buyer’s responsibility to ensure the proper use and application of the products.
10.e. KTE is not responsible for any unlawful use of goods purchased from KTE.
10.f. In the event of a [quality] warranty being granted, KTE shall not be liable for any damage resulting from the failure to handle the complaint in time.
10.g. Subject to further restrictions provided for in these terms and conditions of cooperation, the responsibility of KTE for non-performance or improper performance of the contract for sale of goods and warranties, regardless of the legal basis of the claim, is limited to liability for the actual losses incurred by the customer in the amount equivalent to the payment made for the price of the good affected by the non-performance or improper performance. At its discretion, KTE will repair or replace a defective product with one free of defects, or refund the payment for the product, thus exhausting all claims from the Customer with respect to delivery of a defective product.
10.h. The liability of KTE under the statutory warranty for defects in the sold items is excluded.
Force Majeure
11.a. KTE is not liable for non-performance of the contractual obligations in whole or in part if external occurrences take place, described as “force majeure”, which cannot be controlled by KTE. The “force majeure” term is understood as all unforeseen occurrences independent of KTE, arisen after the agreement’s conclusion, such as in particular: war, riots, catastrophes, floods, transport problems, or strikes. 11.b. If the “force majeure” period exceeds 2 weeks, both the Customer and KTE have the right to terminate the agreement with an immediate effect without liability for damages caused by the agreement termination because of the “force majeure” occurrence.
Legal
12.a. Kaufetronics S.R.O is the owner of copyright or holds other legal title to the material contained in the catalogue and on the website, in particular to photographs, descriptions, translations, graphic form and presentation.
12.b. Any reproduction of the information and technical materials in catalogues, on web pages or in any other way delivered by KTE demands the KTE consent in writing.
12.c. The above conditions shall be effective until their changes in the official trade materials and in the KTE’s ranges of products are published.
12.d. These Terms of Cooperation are subject to the Czech law, and the place of resolving disputes shall be a common court law competent for the KTE’s head office Korunni 2569/108, Vinohrady, 101 00 Praha 10 Czech Republic.
12.e. The Customer cannot assign any of their rights, obligations or liabilities resulting from the agreement concluded with KTE without a prior written consent of KTE. Unless otherwise agreed
by the parties in writing, the possibility of the Customer’s liabilities deduction with the KTE’s liabilities and with other liabilities resulting from the agreement that the parties may have towards each other shall be excluded.
12.f. If any resolution of these Terms of Cooperation is recognized as invalid or ineffective by the competent court or as a result of legal regulations’ change, such recognition or actions do not make the remaining resolutions of these Terms invalid or ineffective. If the resolutions of these Terms of Cooperation are finally recognized as illegal or ineffective, these resolutions shall be recognized as excluded from the hereto Terms of Cooperation, however all other resolutions shall be still obligatory and effective, and the resolutions recognized as illegal or ineffective shall be replaced by a resolution of a similar meaning, reflecting the original intention of the initial resolution, within the scope permitted under the applicable law.
Personal Data Protection
13.a. The Seller undertakes to process the Customer’s personal data under the conditions specified in the relevant legal provisions that apply in this regard, in particular those specified in the Regulation of the European Parliament and of the Council (EU) 2016/679 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) and in the Personal Data Protection Act of 10 May 2018. 13.b. The Seller processes the Customer’s personal data as the Data Controller. 13.c. Providing personal data by the Customer is voluntary, but necessary for the registration on the website or conclusion of a sales contract. 13.d. The Seller applies appropriate technical and organizational measures to protect the personal data processed.
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