General Terms and Conditions for Wholesale and Business Customers

These General Terms and Conditions for wholesale and business customers (hereinafter “terms and conditions”) apply to contracts concluded through the online shop Dometa located at the web interface www.dometa.eu (hereinafter “web interface”) between

our company

PNM International s.r.o., registered office at Nádražní 385/34, 702 00 Ostrava, Company ID: 05060192, VAT ID: CZ05060192, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File 66046

Contact address: PNM International s.r.o., U1 – Průmyslový park Karviná, Závodní 540/51, 735 06 Karviná – Nové Město

Telephone number: (+420) 555 222 029

Contact email: eshop@dometa.cz

as the seller.

1. Introductory Provisions

  • The terms and conditions define and specify the basic rights and obligations of the contracting parties when concluding a contract for the sale of goods or another contract referred to herein (hereinafter collectively “contract”) via the web interface.
  • The provisions of the terms and conditions form an integral part of the contract. Provisions deviating from the terms and conditions may be agreed in the contract. Deviating provisions in the contract take precedence over the terms and conditions. The seller may amend or supplement the terms and conditions. The rights and obligations of the contracting parties are always governed by the version of the terms and conditions in effect when they arose. The rights and obligations of the contracting parties are further governed by the Complaints and Returns Policy, the Web Interface Terms of Use, and the conditions and instructions stated on the web interface, in particular when concluding the contract. In matters not governed herein, the relationships between the contracting parties are governed by legislation, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”).
  • The contract and terms and conditions are drawn up in Czech. The contract may be concluded in Czech, unless the contracting parties expressly agree on another language.
  • These terms and conditions apply to buyers who are entrepreneurs and to legal entities. These terms and conditions do not apply to contracts concluded with consumers; the General Terms and Conditions for Retail apply instead. In matters not governed by these wholesale terms and conditions, the relationships are governed analogously by the conditions set out in the General Terms and Conditions for Retail, with the exception of consumer protection provisions.
  • By submitting an order, the buyer confirms that they have read these terms and conditions and the General Terms and Conditions for Retail.

2. Order and Conclusion of Contract

  • The web interface lists goods including a description of the main characteristics of each item. The presentation of goods on the web interface is for informational purposes only and does not constitute an offer by the seller to conclude a contract within the meaning of Section 1732(2) of the Civil Code. To conclude the contract, the buyer must submit an order and that order must be accepted by the seller.
  • The buyer places an order via the web interface or by telephone or email communication. The order must always include the precise name of the ordered goods (or their numeric code), the number of units, the chosen payment and delivery method, and the buyer’s contact details (name and surname or company name, company ID, delivery address, telephone number, email address). The buyer must also prove their status as an entrepreneur by sending a copy of their trade licence or other authorisation or an extract from the Commercial Register to the seller’s contact email address.
  • The seller is not obliged to confirm the received order. An unconfirmed order is not binding on the seller. The seller is entitled to verify the order if there are doubts about its authenticity and seriousness. An unverified order may be rejected.
  • The contract is concluded at the moment the buyer receives acceptance of the binding order from the seller. If acceptance does not occur, the contract is concluded at the moment the buyer pays the full purchase price.
  • In the event of cancellation of an order by the buyer, the seller is entitled to a cancellation fee of 50% of the price of the goods. If the buyer cancels an order after the goods have already been dispatched, the buyer may be charged compensation for the costs of dispatch and return caused by the cancellation.

3. Delivery Terms

  • The seller is obliged to deliver the goods to the buyer by the agreed method, properly packaged and accompanied by the necessary documents. Necessary documents include in particular instructions for use, certificates, and other documents necessary for receipt and use of the goods. Unless otherwise agreed, documents are provided in Czech.
  • By agreement between the parties, the seller may arrange transport and insurance of the goods during transport for the buyer. The cost of transport and insurance shall be paid by the buyer according to the carrier’s current tariff. Delivery of the goods to the buyer is deemed to occur upon handover to the first carrier. The risk of damage to the goods passes to the buyer upon delivery.
  • Before accepting the goods, the buyer must check the integrity of the packaging and immediately notify the carrier of any defects. A report of defects shall be drawn up. If no report of defects is drawn up, the buyer loses the right to claims arising from damaged packaging.
  • Immediately after receipt of the goods, the buyer must inspect the goods, in particular the number of units and completeness. Any discrepancies must be reported to the seller without undue delay, no later than 2 business days after receipt of the goods. Identified defects must be documented appropriately and the documentation sent to the seller together with notification of the defect.

4. Payment Terms

  • Catalogue prices of goods including VAT are listed on the web interface. The seller may provide the buyer with a discount from these prices, in particular depending on the quantity of goods ordered or the buyer’s previous purchases.
  • The buyer may pay the purchase price in the following ways (in addition to other methods listed on the web interface or individually agreed):
    • in cash on cash-on-delivery shipment or on personal collection at the seller’s contact address;
    • cashlessly before delivery of goods by transfer to our bank account (instructions will be provided in the order confirmation);
    • cashlessly after delivery of goods by transfer to our bank account.

    The seller is entitled to not allow payment after delivery. This payment method is generally reserved for regular customers. Unless otherwise agreed, the invoice is attached to the goods together with the delivery note.

  • In the case of cash payment, the price is due on receipt. For cashless payment, the price is due within five days of acceptance of the order, unless otherwise agreed by the parties. The buyer’s obligation to pay is fulfilled when the relevant amount is credited to the seller’s account.
  • If the buyer fails to pay within the due date, the buyer may be charged a late payment interest of 0.5% of the outstanding amount per day of delay. This does not affect the seller’s right to compensation for damage caused by the buyer’s delay.
  • In the event of the buyer’s default in payment, the seller is also entitled to suspend further agreed deliveries until all outstanding obligations of the buyer have been settled.
  • Payment is possible in Czech crowns (CZK), forints (HUF), or euros (EUR).

5. Withdrawal from Contract

  • Until the goods are taken over by the buyer, the seller may withdraw from the purchase contract at any time. In such a case, the seller shall return to the buyer the purchase price already paid by the buyer, cashlessly to the account notified to the seller for this purpose, or the account from which the payment was made (if the buyer does not notify the seller of an account within 5 days of withdrawal).
  • The seller is further entitled to withdraw from the contract if the buyer is in arrears with payment of the purchase price for more than 4 weeks.
  • The buyer is entitled to withdraw from the contract if the seller is in arrears with delivery of the goods for more than 4 weeks from the agreed delivery date.
  • The buyer is not entitled to withdraw from the contract with respect to goods that were delivered properly, on time, and without defects.
  • Withdrawal from the contract must be made in writing and, in the case of contracts concluded electronically, also electronically. Withdrawal from the contract takes effect upon delivery of the notice of withdrawal to the other contracting party.
  • If a gift was provided together with the goods, the gift agreement becomes ineffective upon withdrawal from the contract by either party.

6. Rights Arising from Defective Performance

  • The conditions for exercising rights arising from defective performance and warranty liability are governed by the seller’s Complaints and Returns Policy.

7. Protection of Trade Secrets and the Seller’s Business Policy

  • In the course of negotiating and performing the contract, the buyer may be provided with information designated as confidential or whose confidential nature follows from its nature. The buyer undertakes to in particular:
    • keep such information confidential;
    • not disclose it to third parties without the seller’s consent;
    • not use it for any purpose other than the performance of the contract;
    • not use it in any other damaging manner.
  • The buyer further undertakes not to make copies of documents provided by the seller without the seller’s consent.
  • The buyer is entitled to use the seller’s trade mark in its business activities only with the seller’s prior written consent. Such use must not damage or jeopardise the seller’s reputation.

8. Final Provisions

  • If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, the contracting parties agree that the relationship is governed by Czech law.
  • If any provision of the terms and conditions is invalid, ineffective, or unenforceable (or becomes so), the provision whose meaning comes closest to the invalid provision shall apply in its place. The invalidity, ineffectiveness, or unenforceability of one provision does not affect the validity of the remaining provisions. Amendments and supplements to the contract or terms and conditions must be made in writing.

These terms and conditions are valid and effective from 1 February 2021.