Terms and conditions

1. Contact information of the company

Name: BAPECO s.r.o.

Address : Stefanikova 283/27 Hodonin 695 01, Czech Republic

Employer identification number: 63490773

Telephone: +45 91 87 10 83, +420 720 162 367

E-mail: bapeco@bapeco.cz

Contact address:  Bapeco s.r.o., Stefanikova 283/27 Hodonin 695 01, Czech Republic

Opening times: Mon - Fri (8:00 - 12:00, 13:00 - 16:00)

2. Information

Information about the goods and prices set by the company are binding with the exception of an obvious mistake. The prices are presented including taxes and fees, except for the transportation fees.

The company does not guarantee the availability of the products presented in the e-shop. The company reserves the right to reject the buyer’s offer partly and not deliver the goods, and that also in the case of the wrong price stated in the e-shop or in a sudden change of the production goods price. The buyer will be informed by an e-mail or phone about the rejection of the part or the whole order. The buyer can be offered an alternative instead.

Information about the forms of delivery you can read more on the page Delivery. The company does not require any special fees considering the choice of the payment method.

Accepting an offer with an amendment or variation is not acceptance of the offer.

The confirmation of the content of the contract, in other than the written form, that shows any amendment from the agreed content of the contract, does not have legal effects.

Acceptance of the unsolicited performance from the buyers side, does not constitute acceptance of the offer.

3. Delivery

The selling company delivers the goods to the buyer complete, in an period of time that is adequate to the amount of the goods that is necessary to produce, unless there is a certain time period stated by the product. If there are goods “in stock“, the selling company sends the order the latest in 2 working days. The buyer is obliged to pay the order and the order will be delivered to the customer stated address. The buyer is recommended to check the goods properly as soon as possible after receiving them.

The documentation of the goods, mainly the invoice, confirmation and certificates, are sent to the customer immediately after receiving the order, the latest 2 days from the takeover of the order.

In case the buyer requests, the seller sends a written statement, to what extent and for how long are his obligations from defective performance and how can the buyer apply the rights from them.

The price and the form of delivery (information about the price is necessary to discuss on the phone number +420 608 330 204 or +45 91 87 10 83, the amount and the customer requirements on the product are taken into the account; information about delivery you can find available at Delivery)

If the buyer does not takeover the order from the seller in an agreed time period, by breach of duty is obligated to pay the selling company a fee of minimum 20 CZK and maximum 300 CZK per every day of the delay. 

The seller is allowed to sell the order - goods, after informing the original customer by e-mail and offers him new adequate period of time for the pick up. The stock costs and costs of futile delivery of costs due to the lack of the cooperation on the side of the buyer in the necessary amount, the seller is entitled to set off against the buyer the proceeds of the sell.

4. Cancelling the order and contract termination

The buyer can terminate the contract within 10 days since taking over the order or last part of the order, not taking into the account the means of delivery or form of the payment. The stated period is intended to enable the buyer to meet the character, abilities and functionality of the goods.

The buyer is allowed to terminate the contract any time before the delivery of the order.

The contract termination is the buyer obligated to send or deliver to the seller 10 days in advance. The buyer does not have to state the reasons of it. For an easier communication it is appropriate to state the date of the booking and the number of the order, bank account and chosen means of the goods return, in the contract termination.

The seller is obligated to return the payment in means of all the costs and fees that were paid by the buyer, no later than in 10 days after the contract termination, and that has to be done the same way as the seller received it before the buyer.

If the seller offers different means of delivery of the goods, he is obligated to pay the buyer the cheapest option from those. In the same period of time the latest, the buyer is required to return the goods to the buyer. The goods should be returned to the seller complete, the best option being in the original packaging and it cannot show any signs of damages. The delivery fees of returning goods to the seller is the buyer obligated to pay himself.

If the returned goods by the buyer show signs of any damages, the seller is allowed to decrease the returning payment.

Exceptions: The right for the contract termination cannot be applied to the contracts of delivering the digital content, if it has not been delivered in a physical form, or to the services providing. In both cases, on the condition that it has been fulfilled with the previous agreement on the side of the buyer before the period of possible contract termination. Moreover, with the contracts including the goods (crates and consumer goods), where the price differs based on the deflection of the financial market, independently of will of the seller. In the contracts for the goods delivery based on the special consumer requirements or the contracts for the perishable goods or goods that have been irreversibly mixed with other goods or removed from the sealed packaging and cannot be returned for hygiene reasons.

5. Rights and obligations from defective performance

Quality at takeover

If if the delivered goods are having any shortcomings (e.g. does not have the expected functions, does not fit the agreed purpose and usage, is not complete, does not fit the measurements, amount, weight or the quality does not fulfill any other law, contractual or pre-contractual conditions), it is always considered as a defect of the goods that the seller is responsible for.

The buyer is allowed ask the buyer for the removal of the defects for no additional fee or for a discounted fee until no later than 2 years.

If the repair or the change of the goods is not possible, based on the termination of the contract can the buyer request return of the costs in the complete amount.

During the period of 6 months from the takeover of the goods, is taken into consideration that the defect was present already during the takeover.

The seller is not obligated to accept the claim of the buyer if there is a prove that the buyer knew about the defect before the takeover or that the buyer caused the defect himself.

The seller is not responsible for the defects that are created by the level of usage. For the discounted products the seller is not responsible for the defects that were the reason for the decrease of the price. Instead of the exchange of the product in this case, the customer is in the right to receive a discount off the price of the product.

 

Legal rights from defects

The buyer is responsible for the damages and defects of the goods after takeover until 24 months warranty period or in the period of the usage in the advertisement, on the packaging or in the instruction document.

In this period can the buyer can claim a defect that would mean breach of the contract (not considering if the defect can or cannot be removed and repaired):

• removal of the defect by delivering a new product without the defect or damage;

• free defect removal by repair;

• adequate discount from the price; 

• return of the payment based on the contract termination.

Significant is a breach of the contract in means, where the the breaching party knew or had to know about the defect already before the contract has been signed, and it could lead to the second party not agreeing to the contract.

For a defect that signifies a minor breach of the contract (not considering if the defect can or cannot be removed and repaired), the buyer is entitled to have the defect removed or to get a discount.

If a certain defect occurs again after the repair (third claim for the same defect or fourth claim for a different defect) or the product has more defects at once (minimum of 3 defects at the same time), the buyer is entitled to get a discount from the purchase price, exchange of the product for a new one or to terminate the contract.

The seller is not responsible for the defects that occur due to the usage or non-observance of the instructions for use.

 

6. Complaint handling

The buyer is obligated to file a complaint with the seller or a person responsible for the repair of a defect. If a buyer does as said, in a written or electronic form, should be also mentioned the contact information, description of a defect and a request for the complaint handling.

The buyer is obligated to inform the seller what option he chose for the complaint handling. The change of a choice without the seller’s permission is only valid if the buyers chooses the option of a repair of the defect, however, it turns out to be irreparable.

If the buyer does not choose any of the options on time, therefore, has a right as by the defect signifying a minor breach of the contract.

The buyer is obligated to prove a purchase of a product (being the best option the proof of purchase). The period for the complaint issuing lasts from the time of receival by the seller or a place for repair. The goods should be packed in a suitable packaging during the delivery, so that the additional damages occur, should be clean and complete.

The seller is obligated to immediately, the latest until 3 work days, decide about the complaint handling, eventually, if there is a need of expert judgement. The information about the need of the expert judgement the seller has to communicate to the buyer within the same period. The claim, including the defect removal, will the seller proceed without delays, the latest until 30 days from its receival, if there is no other agreement about the time period. If the process lasts longer than this period, the buyer is entitled to the same rights just like if the breach of the contract occured.

In case the seller refuses to remove the defect of a product, the buyer can request an adequate discount or the contract termination.

The warranty period extends for the period of time from the moment of the complaint until its complete resolvance. If the exchange of the product or its part occurs, the responsibility of the seller for the product lasts like if it was a purchase of a new product.

If there is no possibility to track the status of the complaint on-line, the seller commits to inform the buyer about the complaint resolvance according to his requests by e-mail or a text message.

In the case of a justified complaint the buyer is entitled to a compensation for reasonably incurred costs.

 

7. Protection of personal data

The buyer agrees that the provided personal data shall be processed and stored by the seller in accordance with the Personal data Protection Act (No. 101/2000 coll.) for the purpose of fulfilling the subject of the contract. The buyer is entitled to be informed about what personal data are recorded by the seller and is entitled to change those, eventually to express a disagreement with their processing in writing. Supervision of the personal data protection is performed by the Office for the Personal Data Protection.

The buyer can inform the seller in case of no longer having interest in receiving the commercial communication, and can do that by contacting the seller on an e-mail address obtained in connection with the performance of the contract, without any incurred costs.

8. Problem solving

Mutual disputes between the seller and the buyer are settled by general courts.

The buyer can contact the dTest, o. p. s. for advice on his consumer rights via www.dtest.cz/poradna.

The Czech Trade Inspection (www.coi.cz) supervises compliance with obligations under Act No. 634/1992 Coll. on Consumer Protection, as amended.

9. Other

These terms and conditions are valid since 1st January 2014.