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GENERAL TERM AND CONDITIONS oF BUSINESS of the firm of LINSAN Ltd
1. General provisions
1.1. The company corporation LINSAN Ltd, ID: 01389602, Sokolská 1605/66, Nové Město, 120 00 Praha 2, registered in Commercial Register kept by the Municipal Court in Prague in section C, insert 205848 (referred as „LINSAN“) is the seller of goods for wholesale purpose as Cash & Carry for registered buyers.
1.2. Registered buyer is defined as entities registered as a buyer at LINSAN, which independently carry out profitable activity on their own account and responsibility with a trade license or in a similar way with the intention of doing so systematically in order to achieve a profit, and entities, which conclude a contract related to their own business, production or similar activities or in the independent performance of their profession (referred as „customer“)
1.3. These General Terms and Conditions ( referred as „GTC“) regulate the terms of agreement concluded between LINSAN and a customer.
1.4. GTC are part of every purchase contract concluded between LINSAN and a customer and a part of framework contracts for the supply of goods, if such exist between LINSAN and a customer.
2. Customer registration
2.1. LINSAN performs with the customer exactly one buyer's registration for just one customer ID.
2.2. Customer registration can be performed only at LINSAN premises or as part of a business communication with a LINSAN representative.
2.3. There is not possible to conclude a purchase contract without proper customer registration. LINSAN decides on possible exceptions in specific cases.
2.4. The customer is obliged to notify LINSAN without undue delay if he terminates or interrupts his business activities for any reason.
2.5. LINSAN will register a customer when:
2.5.1. an original trade license (trade license, concession deed or other authorization) is submissed
2.5.2.the application for registration is filled in,
2.5.3.acceptance of GTC.
2.6. The customer is entitled to request the cancellation of the registration at any time.
2.7. LINSAN is entitled to cancel the customer's registration if:
2.7.1. the customer fails to fulfill any of its obligations to LINSAN agreed in the concluded contracts, in particular it does not pay the purchase price for the collected goods properly and on time,
2.7.2. insolvency or similar proceedings will be initiated against the customer,
2.7.3. the customer terminates or interrupts his business activities,
2.7.4. the customer causes a damage to LINSAN, commits a LINSAN offense and / or a criminal offense.
3. Conclusion of the purchase contract
3.1. The conclusion of a purchase contract between LINSAN and the customer is possible:
3.1.1.through the purchase of goods at Cash & Carry stores,
3.1.2.by means of distance communication.
3.2. The customer agrees that when concluding the purchase contract via the website and / or using means of distance communication, the costs incurred by the customer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone costs, etc.) bear the customer himself.
3.3. The subject of the purchase according to the concluded purchase contracts is goods, especially food, beverages, drugstore goods (referred to as "goods").
3.4. The presentation of goods by LINSAN in any form cannot be considered as an offer to conclude a purchase contract, as the application of the provisions of §1732 para. 2 of the Civil Code is excluded by these GTC. The information on the availability of goods on the LINSAN website is for information only.
3.5. The purchase contract between LINSAN and the customer is concluded only when LINSAN confirms the customer's order of goods and the date of its delivery. If LINSAN does not confirm the order of the goods and the date of their delivery, the purchase contract is concluded only when the goods are taken over by the customer at the LINSAN premises or delivered by LINSAN to the place specified by the customer.
3.6. The customer is obliged to get acquainted with the current version of the GTC before placing the order. By sending the order, the customer confirms that he has read these GTC.
3.7. The customer can place the order:
3.7.1. by sending the order via the website obchod.linsan24h.cz,
3.7.2. by phone,
3.7.3. by e-mail,
3.7.4. through a sales representative,
3.7.5. in person at LINSAN premises.
3.8. Once the order sent, it is an irrevocable offer to conclude a contract made by the customer. By the sending of the order, the customer is bound by his offer to conclude a purchase contract with LINSAN until its acceptance by LINSAN or until the cancellation of the order in accordance with the GTC.
3.9. LINSAN has no legal obligation to accept the customer's offer to conclude a purchase contract (accept the order).
3.10.1. the prices of goods presented on the LINSAN website, leaflets or other LINSAN promotional materials were incorrectly stated,
3.10.2. the price of goods with regard to current stocks has changed,
3.10.3. the ordered goods are not available from LINSAN.
4. Payment terms
4.1. The customer can pay for the goods:
4.1.1. in cash at the LINSAN premises, if permitted by law,
4.1.2. by card at the LINSAN premises,
4.1.3. by bank transfer on the basis of an invoice issued by LINSAN.
4.2. Payment of invoices issued by LINSAN must be made in full without any deductions from the customer within fourteen (14) days from the date of issue of the invoice, unless a specific invoice provides otherwise.
4.3. If the order of goods consists of several partial performances or deliveries, the customer is not entitled to withhold or refuse to provide payment for goods already delivered.
4.4. The moment of payment means the day of crediting the payment to the LINSAN account. All bank fees and costs incurred in payment are borne by the customer.
4.5. In the case of the customer's delay in paying any invoice, LINSAN is entitled to:
4.5.1. suspend deliveries of goods to the customer until the customer's due obligations have been paid, and / or
4.5.2. repay any outstanding receivables from the customer, and / or
4.5.3. claim from the customer interest on arrears on the amount due in the amount of 0.05% for each day of delay.
4.6. When paying with a commercial payment card, LINSAN is entitled to charge the customer a non-refundable fee corresponding to the costs incurred in making the payment with this card (fee to the card issuer for payment, fee to the payment terminal operator for payment, bank fees for payment, etc.). LINSAN will communicate the specific amount of the fee after selecting the payment method before paying for the goods and / or it will be published via the obchod.linsan24h.cz website.
4.7. In the case of a payment by a non-commercial (ie. consumer) payment card issued by a payment service provider originating from a Member State forming the territory of the European Economic Area, a non-refundable fee corresponding to the costs incurred in making the payment with this card shall not be charged.
5. Delivery of goods
5.1. Until full payment for the goods, the goods or parts thereof remain the property of LINSAN. However, this reservation does not establish the customer's right to return the seized goods to LINSAN, unless the parties agree otherwise in writing.
5.2. The risk of damage to the goods passes to the customer by taking over the goods.