Terms and Conditions
General business conditions for the purchase of goods
1. Introductory provisions
Trading company ANAFRA, LLC issues the following General Terms and Conditions (hereinafter referred to as the "GTC") in accordance with § 273 of Act No. 513/1991 Coll., the Commercial Code, as amended:
2. Contracting Parties
2.1. ANAFRA is a business company ANAFRA LLC, registered office on 5. května 1109/63, postal code 140 00 Prague 4, IČ: 26878291, entered in the Commercial Register kept by the Municipal Court in Prague, section C, insert 250434, bank details: ČSOB, a.s. - account no. 199921885/0300, contact addresses for written communication:
2.1.1. Postal: ANAFRA LLC, 5. května 1109/63, 140 00 Praha 4
2.1.2. E-mail: firstname.lastname@example.org
hereinafter referred to as "Seller"
2.2. The customer is a natural or legal person that ANAFRA LLC sells goods to on the basis of a concluded Contract or Order in accordance with these General Terms and Conditions.
inafter referred to as "Customer"
2.2.1. These terms and conditions regulate differently the rights and obligations for Customers who act in relations with the Seller as Consumer customer.
hereinafter referred to as "Consumer customer",
where the consumer customer is defined in §52 par. 3 of Act no. 40/1964 Sb.
2.2.2. and differently for natural or legal persons doing business under the Trade Licensing Act or other special law or state institutions and organizations
hereinafter referred to as the "Entrepreneur customer ",
who act in relations with the seller within the scope of their business or other entrepreneurial activity.
2.2.3. The different rights and obligations of both buyers are regulated and distinguished below as the rights and obligations of the "Consumer Customer" and the rights and obligations of the "Business Customer". If these conditions regulate certain rights jointly and identically for the Consumer Customer and the Entrepreneur Customer, the Entrepreneur Customer and the Consumer Customer are both referred to as "Customers".
2.2.4. Legal relations between the Seller and the Customer to the consumer are governed by the following business conditions and further to the extent of these conditions not regulated by Act no. 40/1964 Sb. (hereinafter referred to as "o.z.), z.č. 634/1992 Sb. on consumer protection and further regulations governing the relations between the Seller and the Customer by a non-entrepreneur.
2.2.5. Legal relations between the Seller and the Customer by the entrepreneur are governed by the following business conditions and further to the extent of these conditions not regulated by Act no. 513/1991 Coll. (hereinafter referred to as the “Commercial Code”) and further by the relevant legal regulations governing the relations between the Seller and the Customer by the entrepreneur.
3. Definitions of terms
Capitalized terms used for the purposes of these GBTC have the following meanings:
3.1. The GTC define the business relationship between the Provider and the Customer. In accordance with them, the Provider provides resp. provide the Customer (based on the Contract or Order) with the Services under the conditions defined by the Operating Conditions. By signing the Contract or confirming the Order, the Customer approves that he has read and agrees with the wording of the GTC and that these GTC govern the contractual relations between the Provider and the Customer, unless the Contract provides otherwise.
3.2. The Contract or Order is a document or a set of documents defining the contractual relations concluded between the Provider and the Customer in accordance with the GBTC.
3.3. The customer center is technical support, which can be contacted by e-mail to order goods and for questions about the goods (email@example.com) or by phone during working hours (+420 773 745 725)
3.4. Goods means the Goods sold by the Seller to the Customer on the basis of a Contract or Order concluded between the Seller and the Customer in accordance with the GBTC, which the Customer is obliged to follow.
3.5. Written, in writing - this is a document or communication of the contracting party in the form of either
3.5.1. paper or
delivered to the contact address for written communication of the other party or located on the relevant WWW pages of the Provider and accessible to the Customer via the Internet. The completion of the form on the relevant WWW pages of the Provider also has the character of a written communication.
3.6. The Seller's website is www.anafra.cz
3.7. Manifestation of free will to conclude the Contract means written conclusion of the Contract or written confirmation of the Order for Goods by providing contact and invoicing data by the Customer to the extent required by the Provider together with expressing the Customer's consent to the GTC and the Business Terms and Conditions, including electronically via Internet.
3.8. A notice delivered in the usual way is a notice made in writing.
3.9. A contact address is the postal address of a place or an e-mail address.
3.10. The Commercial Code is Act No. 513/1991 Coll., As amended; or the law replacing it.
3.11. The Civil Code is Act No. 40/1964 Coll., As amended; or the law replacing it.
3.12. Regulations on electronic signatures are mainly Act No. 227/2000 Coll. , on electronic signatures and on the amendment of certain other acts (Act on electronic signatures), as amended, Government Regulation No. 304/2001 Coll., as amended, Decree No. 366/2001 Coll. , as amended.
3.13. Acceptance of the goods by the Customer from the Seller, as well as a binding order confirmed by the seller, is valid as recognition and conclusion of the purchase contract according to these contractual terms and conditions and the buyer agrees to the GTC as sent at the time of sending the binding order.
3.14. Conclusion of the purchase contract see. 3.13
4. Price lists and prices
4.1. The price of the goods sold is determined by the Seller in the price list, which is available both on the Seller's website and in the store. If the Customer is interested, he can register on the Seller's website for regular sending of the price list. You can cancel the registration for regular sending of the price list at any time after logging in.
4.2. The price stated in the price list at the time of concluding the purchase contract applies as the price when concluding the purchase contract between the Seller and the Customer. If the price of the goods is not known at the time of concluding the purchase contract, it will be determined by agreement of the parties later, in which case the Customer is obliged to inform the Seller within 2 days of demonstrable communication of the purchase price. In the event that the Customer does not notify the acceptance of the price within the period, this statement is considered a disagreement with the price and the Seller's offer and when the Seller is subsequently entitled to cancel the order without penalty for both parties.
4.3. The entrepreneur customer (seller of computer equipment) is obliged to register and submit a trade license or extract from the Commercial Register at the first purchase. In the event of a subsequent change in all data, he is obliged to notify the seller. The entrepreneur customer who reports regular business activities with the seller is entitled to request a later due date of invoices. In this case, the dealer agreement must be signed and the expected credit will be financially secured. The computer dealer is entitled to prices in the dealer price list, according to regular purchases, which he has already proved or is able to carry out in his opinion. The price category is determined by the relevant dealer of ANAFRA LLC . The Merchant is also entitled to provide additional discounts, which will be quantified as a percentage on the invoice.
4.4. The entrepreneur customer (company, office, institution) buys at the prices listed in the current price list, but for interesting orders, the price level can also fluctuate in dealer categories. When signing a business framework agreement, he may also be able to pay invoices later.
4.5. The consumer buys the consumer at the prices listed in the current price list or at the price with the lowest dealer discount (in the case of presenting an ISIC, ITIC, or Alive student card).
4.6. The Customer can receive the goods
4.6.1. Cash on delivery,
4.6.2. after previous payment, for example, by transfer from the account with a business package, using spol. PPL or spol. TopTrans
4.6.3. pick them up at the branch of ANAFRA s.r.o.
4.6.4. possibly agree on another form of consumption.
4.7. For ordering and shopping via the online store, the Customer is not considered a consumer within the meaning of the Consumer Protection Act. In the event of an incorrect order by the buyer and the subsequent exchange of goods (in the original packaging without violation), the seller reserves the right to charge a handling fee of CZK 150 for each individual piece. Received orders are binding on the buyer and cannot be canceled. This condition does not apply to registered dealers.
5. Execution of payments
5.1. Payment in advance by bank transfer.
5.2. Payment in cash upon purchase.
5.3. Pa cash on delivery upon delivery of goods.
5.4. Payment on invoice due (only if the conditions for granting credit are met).
5.5. The goods remain the property of the seller until full payment.
6. Dispatch of goods
6.1. Personal collection
The goods may be taken over only by a person authorized to do so by the owner of the company or the statutory body of the company. This person must sufficiently identify himself and prove his identity card.
6.2. Shipping service
The goods can be sent to the buyer by TopTrans, PPL or Czech Post. The price of transport is governed by the price list current on the day of the order.
6.2.1. Upon delivery, the buyer is obliged to check together with the carrier the status of the shipment (number of packages, integrity of the tape with the company logo, damage to the box) according to the enclosed consignment note and refuse to accept an incomplete or damaged shipment. Subsequent complaints about the completeness of the shipment will not be taken into account.
6.2.2. Incomplete or damaged shipment must be immediately notified to the supplier, write a damage report with the carrier and send it by fax to the seller within 24 hours. If the Customer's acceptance of the shipment from the carrier is confirmed by a signature in the carrier's documents, there is no claim for additional claims for incompleteness or damage to the delivery.
6.3. Sending by courier (around Prague)
Valid for orders received before 16:00 on the business day, which will be delivered in Prague by 19:00 on the same day. The price of transport is governed by the price list current on the day of the order.
6.3.1. Incomplete or damaged shipment must be immediately notified to the seller, and write a damage report with the carrier. If the acceptance of the shipment by the buyer from the carrier is confirmed by a signature in the carrier's documents, there is no claim for additional claims for incompleteness or damage to the delivery.
6.4. Price charged for the transport of goods
6.4.1. When buying goods for CZK 10,000 without VAT and more, no shipping is charged. When purchasing at dealer prices, shipping is not charged only if the order is priced at CZK 20,000 excluding VAT and more. (This applies only within the Czech Republic)
7. Withdrawal from the contract
7.1. Withdrawal from the purchase contract by the consumer's customer
7.1.1. If the contract was concluded using means of distance communication, according to paragraph 6 of the amendment to the Civil Code No. 367/2000, the consumer has the right to withdraw from the contract within 14 days of receipt of performance. In this case, concluding the contract means taking over the tax document (eg invoice, receipt ...). If he so decides, he must return the undamaged goods, without signs of use or wear, in the original packaging within the specified period (determined by the date of dispatch). Upon receipt of the returned goods, the seller will immediately return the corresponding amount to the customer in a pre-agreed manner. The amount returned will be equal to the difference between the purchase price and the costs incurred by the seller in connection with the delivery of goods to the customer (eg shipping, etc.).
7.1.2. Except where expressly agreed to the contract, the consumer may not withdraw from the contracts in accordance with paragraph 6
22.214.171.124. for the provision of services, if their performance was started with his consent before the expiry of the period of 14 days from the acceptance of the performance,
126.96.36.199. for the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the supplier,
188.8.131.52. for the supply of goods adapted to the consumer's wishes or for his person, as well as goods which are subject to rapid deterioration, wear or obsolescence,
184.108.40.206. for the supply of audio and video recordings and computer programs, if the consumer has broken their original packaging,
220.127.116.11. for the supply of newspapers, periodicals and magazines,
18.104.22.168. consisting of a game or lottery.
7.1.3. The consumer customer has the right to withdraw from the purchase contract in the event that the seller is in arrears with performance and does not fulfill its obligation even within the additional period agreed with the consumer buyer. Withdrawal must be in writing and must be delivered to the seller. Withdrawal may also concern an individual performance.
7.2. Withdrawal from the purchase contract by the customer of the entrepreneur
7.2.1. The delay of the seller with the delivery of goods is considered a minor breach of contract, except for the provisions of § 345 paragraph 2 of the Commercial Code. In the event that the Seller does not deliver the goods even within the new deadline agreed with the Customer by the entrepreneur, the customer the entrepreneur is entitled to withdraw from the contract, when this withdrawal must be in writing and must be delivered to the Seller. The Entrepreneur customer is not entitled to withdraw from the contract due to the Seller's delay, if he has received a message stating that the performance under the purchase contract has already been sent to the Customer's address.
7.2.2. If the goods are delivered in plastic packaging, which is destroyed by the Customer by the entrepreneur and the goods can not be sold as new after return due to withdrawal, the seller is entitled to compensation for impairment, where the amount of impairment is determined as the difference between the purchase price at which the goods were sold. and the purchase price at which the goods can be sold as used.
7.2.3. The Seller is entitled to withdraw from the purchase contract due to repeated failure to provide the customer's cooperation with the entrepreneur in the delivery of goods, which in this case does not affect the Seller's right to compensation.
7.3. Withdrawal from the purchase contract by the seller
7.3.1. The seller may withdraw from the contract if the ordered performance becomes impossible because of the ordered goods
22.214.171.124. is no longer produced, or
126.96.36.199. is not available on the market available to the Seller, or is unavailable for a long time through no fault of the Seller.
7.3.2. If the above-mentioned impossibility of performance concerns only a part of the ordered performance, the seller may cancel only that part of the order. The Seller may cancel the order and withdraw from the contract if there is a significant change in the purchase price at which the Customer receives from the suppliers of goods, when this change was not known to the Seller at the time of order confirmation. The Seller is obliged to immediately inform the Customer before withdrawing from the contract on price changes, and to try to reach an agreement where, in the event that no agreement on a new price is reached with the Customer, the Seller is entitled to withdraw.
7.4. Cancellation of the contract can also be done by agreement.
7.4.1. The Seller is entitled, at its discretion, but not obliged, on the basis of the Customer's request, to cancel the purchase contract by agreement under the conditions agreed in this agreement. The basic condition for a possible agreement to cancel the purchase contract is the fact that the Customer returns to the Seller the goods undamaged, unworn, complete including accessories and in the original undamaged packaging and the goods that the seller has at the time of the proposal to cancel the contract in the product range it is not goods modified according to the customer's wishes, it is not subject to rapid destruction, wear or obsolescence and it is not audio and video recordings and computer programs whose packaging has been broken, as well as newspapers, periodicals and magazines. The agreement on the cancellation of the purchase contract must be in writing and can only be concluded together with the handover of the goods. In the event of rejection of the Customer's proposal to cancel the purchase agreement by the Seller, the Customer is not entitled to reimbursement of costs associated with the submission of an unaccepted proposal, which was rejected by the Seller.
8.1. The exact procedure of complaints and the procedure for handling them is resolved by the Complaints Procedure.
9. Rental of components, etc.
9.1. If the Customer is interested, the Seller may lend to the Buyer for the period of settlement of the complaint, post-warranty or out-of-warranty repair, a component that is eligible to replace the function of the component that is the subject of the complaint, post-warranty or out-of-warranty repair. It does not have to be a component identical to the one that is the subject of the complaint, post-warranty or out-of-warranty repair, where the decisive factor is whether the component in question is capable of adequately replacing the function of the component that is the subject of the complaint, post-warranty or out-of-warranty repair.
9.2. The condition for lending a spare component is, in addition to the Seller's will, the fact that the Seller has the spare component available at the time of the Customer's request and also the fact that the item and its function is of considerable importance to the Customer and is irreplaceable. There is no right to rent a spare component, the loan depends on the will of the Seller. It is possible to rent only spare components, not peripherals, portable PCs.
9.3. A fee of 10% of the price of the borrowed goods is charged for the loan of replacement goods (unless otherwise agreed). When borrowing replacement goods, the Customer will be invoiced the full value of the borrowed goods, where after returning the borrowed goods, the buyer will be issued a credit note for the current price at the time of returning the goods and reduced by 10% of the price. The borrowed goods must be returned upon receipt of the goods that were the subject of the complaint, post-warranty or out-of-warranty repairs. Return of borrowed goods is possible only if the goods are returned undamaged, including undamaged packaging, CD media and cables, otherwise the seller has the right to reduce the current price of goods when issuing a credit note in addition to the rental price of 10% of the price of new goods an adequate part corresponding to the extent of the damage.
10. Delivery times
10.1. Goods that the Seller has available in stock in Mikulov, these Goods in the store in Mikulov are immediately available for collection and are blocked for the Customer until the next day after confirmation of the order by the Seller.
10.2. The goods that the Seller has in stock in Prague are ready for collection in the afternoon for the Goods in the store in Mikulov the next day (if the order is confirmed by the Seller by 16:00) and is blocked for the Customer until the next day. For these goods, it is possible to arrange for collection immediately in Prague, where we will deliver it to the Customer if it is possible to a pre-arranged place that day.
10.3. Collection of Goods is also possible in Brno and Rožnov pod Radhoštěm.
10.3.1. If the Goods are in stock (in Prague or Mikulov) It is possible (if the order is confirmed by the Seller by 16:00) to be delivered the next day in Brno or Rožnov pod Radhoštěm. Depending on the external staff, the Seller reserves the right to submit a delivery date to the Customer at the time of order confirmation and the Customer is obliged to confirm that he agrees with the date. Especially in Rožnov pod Radhoštěm. Delivery time to the next day is seldom achievable.
10.4. Furthermore, another delivery date may be chosen, which is listed for the offered goods both on the seller's website, or any other offer, or the delivery date is set on the basis of an agreement between the Seller and the Customer. If it is not possible to deliver the goods according to the buyer's order by the second day, the Seller shall notify the Customer by the second working day after receiving the order together with the delivery date. If the buyer is not interested in the announced delivery date of the goods, he is obliged to notify the seller of this fact no later than the next working day. In the event that the new delivery date is not explicitly accepted by the Customer within 10 days of its notification, the Seller may withdraw from the contract without penalty for both parties. Upon delivery of the Seller's notice of lack of interest in the delivery of goods within the specified period, the order is canceled from the beginning, without any sanctions or other obligations for the Seller and the Customer.
10.5. If the Customer requests a later delivery day than specified by the Seller for the offered goods, or other than the one communicated to the Customer by the Seller when confirming the order, the Customer is entitled and obliged to state this in the order or immediately notify the Seller no later than the next working day after receiving the order confirmation. or receipt of the delivery date set by the seller. In the event that the Customer does not do so, he is liable for damages of the Seller associated with any non-acceptance or non-delivery of the goods within the specified or agreed delivery date. The delivery date required by the customer is binding for both parties at the time of confirmation of this date by the Seller. In the case of delivery of goods to the Seller to the Customer via the carrier, the delivery period mentioned above is extended by 1-2 working days necessary for packaging and transport of the goods to the Customer. The Seller is not liable to the Customer for damage caused by a delay in the delivery of goods, which arose entirely through the fault of the carrier and its delay.
11. Place of delivery, prices of postage, packaging and transport
11.1. The method of delivery of goods depends on the Customer's choice, when the Customer states the method of delivery of goods in the order. If the method and place of delivery of the goods is not specified by the customer in the order, it applies that the place of delivery is the store of ANAFRA LLC in Mikulov (Gagarinova street 9).
11.2. The customer can therefore pick up the goods at the time of delivery by personal collection
11.2.1. In the store in Mikulov (Gagarinova 9).
11.2.2. In Prague, after agreement with the Seller, collection is possible at a place agreed by the Seller and the Customer. In the case of an order over CZK 10,000 without VAT, we will deliver the Goods around Prague free of charge to your home.
11.2.3. In Brno, after agreement with the Seller, collection is possible at a place agreed by the Seller and the Customer.
11.2.4. In Rožnov pod Radhoštěm, after agreement with the Seller, collection is possible in Rožnov pod Radhoštěm at a place agreed by the Seller and the Customer. In the case of an order over CZK 10,000 without VAT, we will deliver the Goods to Prague home free of charge.
11.2.5. Upon receipt of the goods in person by the customer at one of the above-cited places, the goods are presented at the customer's request. Acceptance of the goods in person must always be confirmed in writing.
11.3. Alternatively, according to the buyer's choice, it is possible to deliver the goods via Czech Post cash on delivery by the next day, or by professional package, courier, PPL or TopTrans transport service, to the address specified by the Customer in the order. The price of postage for each order (regardless of the quantity of goods) through the online store is CZK 100, including VAT, and when ordering in another way, CZK 150, including VAT. The price for delivery of the ordered goods by courier is CZK 200 without VAT. The price for delivery by the PPL transport service is CZK 100 without VAT. The price for delivery by the TopTrans transport service is CZK 150 without VAT.
11.4. Postage is payable together with the payment of the purchase price for the goods upon delivery of the goods, unless otherwise agreed. When sending Packages using the Courier Service or TopTrans, it is necessary to pay the price according to the pre-sent invoice to the company account (199921885/0300).
11.5. According to the customer's requirements, the goods can also be delivered to the Slovak Republic, where the condition in this case is payment of the purchase price in advance and the amount of postage in this case is CZK 400, including VAT.
11.6. The goods delivered through the carrier are always packed by the seller in protective packaging in the usual way, so as to prevent damage to the goods, when used protective packaging, resp. their print or description may not correspond to the goods supplied. The delivered goods are always identified by a label on the protective packaging, which informs the buyer about the contents of the shipment. Protective packaging used for the transport of goods is intended for single use and is non-returnable.
11.7. In the event of refusal to accept the goods sent through the carrier on the basis of a valid order confirmed by the Seller for other than legal reasons, the Seller is entitled to demand payment of a contractual penalty from the Customer in the amount of 10% of the price of the ordered goods.
11.8. In the event that the Customer does not collect the ordered goods from the Seller within the agreed or newly set date, the Seller may withdraw from the contract on the 2nd day after the expiration of the replacement period for taking over the goods, which the Seller informs the Customer. For the period of the buyer's entrepreneur's delay in taking over the goods at the store or not taking them over from the carrier, damage, loss and destruction of the thing in the sense of § 455 of the Commercial Code passes to this risk.
11.9. The customer is obliged to inspect the goods as soon as possible after receipt of the goods, but no later than 24 hours after receipt, except in cases where the goods were presented at the store and claim any damage to the seller within 24 hours of receipt.
11.10. The Seller is responsible to the Customer for the fact that the goods are in accordance with the purchase contract at the time of receipt, in particular that they are free of defects, in the sense of § 616 o.z. In the event of a conflict between the delivered goods and the purchase contract, the Customer has claims against the Seller in the sense of § 616 o.z.
12. Rights and obligations of the provider
12.1. The seller undertakes to duly inform the buyer about the properties of the products sold, the method of use and maintenance of the product. If necessary with regard to the nature of the product, the seller provides the necessary information in a written, clear manual attached to the product. The images of the products offered in the online store are for illustrative purposes only and may not correspond to the fact that the offered goods correspond to the description given for the offered goods.
12.2. All oral and written information on the suitability and use of the delivered goods are communicated to the best of the Seller's knowledge. However, they represent only his values of experience and information that the Seller himself obtained from the manufacturer or his supplier.
13. Complaints and comments
13.1. Complaints and comments of the Buyers, which relate to the contractual relationship concluded between the Seller and the Customer, are handled by the Seller in accordance with applicable regulations. email address firstname.lastname@example.org or directly to the company's executives: email@example.com. If the complaint is a complaint about the content of the goods, this complaint will be settled as a complaint in accordance with the Complaints Procedure (but we ask you to send these e-mails to firstname.lastname@example.org, they will certainly be settled earlier), these terms and conditions and applicable legal regulations.
14. Final provisions
14.1. These General Terms and Conditions are valid from 1 August 2010 and supersede all previous provisions and practices. The seller reserves the right to change these General Terms and Conditions without prior notice.