Business conditions for schools
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These terms and conditions are valid and effective from 1. 1. 2019, in the updated version for a specific contractual relationship, always on the day the order is sent (partial purchase contract), or on the day the contract is signed, if the contract is concluded in writing.
These terms and conditions govern the sale of goods and the provision of related services as offered by MEGABOOKS CZ, spol. s.r.o. offered to legal entities and organizational components of the state, which are defined as schools within the meaning of Act No. 561/2004 Coll., the Education Act, or previous and still valid legal regulations.
These terms and conditions are not intended for individual natural persons as final consumers.
Contract parties
Seller
MEGABOOKS CZ, spol. s r. o.
Registered in the commercial register maintained by the Municipal Court in Prague, section C, file 16945
Třebohostická 2283/2
100 00 Prague 10 - Strašnice
ID: 48117196
TIN: CZ48117196
Tel.: 272 123 190
Fax: 272 123 194
e-mail: info@megabooks.cz
Bank connection: 716032083/0300 Československá obchodní banka, a. s.
IBAN: CZ1003000000000716032083, SWIFT: CEKOCZPP
(hereinafter referred to as the seller)
Buyer
School legal entity, contributory organization, or another legal entity or organizational component of the state, which contains the term "school" in its name and whose object of activity (business) is the provision of education in the sense of Act No. 561/2004 Coll., the Education Act. (hereinafter referred to as "customer")
Basic Provisions
The seller is a distributor and supplier of foreign literature in the Czech Republic. Legal relations between the seller and the buyer arising on the basis of a partial purchase contract are governed by the provisions of these terms and conditions and Act No. 89/2012 Coll., Civil Code. Deviating written agreements of the parties or information on the order confirmation, invoice or delivery note of the seller take precedence over the provisions of these terms and conditions.
Partial purchase contracts (orders)
The proposal for the conclusion of an individual partial purchase contract with the seller is submitted by the buyer in the form of a written order for the goods.
The order for goods can only be made in writing, by mail, electronic mail, the Internet or by personal delivery. The order must contain the identification of the buyer (exact billing address, ID number, VAT number), the exact title of the publication, ISBN, number of pieces and date of order. In addition, the order must contain the required collection method (transport method), delivery address, telephone contact and payment terms (payment in cash, money order or cash on delivery). An order made in this way is considered a valid and binding proposal for a partial purchase contract.
A partial purchase contract is considered to be concluded upon acceptance of the order by the seller and written confirmation of the seller delivered to the buyer by mail, electronic mail or personal delivery.
The partial purchase contract is also concluded by the delivery of the ordered goods by the seller and their acceptance by the buyer without the order being confirmed by the seller.
The seller is not obliged to accept or confirm the buyer's order, even without giving a reason.
The seller reserves the right to require payment in cash or cash on delivery for the first order of new customers.
Delivery of goods
The seller is obliged to deliver the ordered goods without undue delay. The delivery period starts from the day the order is received by the seller until the day the goods are dispatched or ready for personal collection. Shipping time is 3 days for goods that are in stock. If the goods are currently sold out and must be ordered abroad, the delivery time ranges from 2 to 8 weeks, depending on the publisher and foreign distribution companies. The buyer will be informed about these circumstances within 3 working days at the latest. In the event that the seller does not have all the titles that are the subject of the order in stock, or the titles are not in the required quantity, they will be further registered and delivered at the time of availability (unless otherwise agreed).
Delivery of the goods means the delivery of the goods to the first public carrier for transport to the destination specified by the buyer or their acceptance by the buyer (whichever occurs first).
When taking over the goods, the buyer or the buyer's authorized person is obliged to check the delivered or received goods and to confirm their acceptance by signing the delivery note, invoice or other carrier document. The buyer or the buyer's authorized person is also obliged to indicate the date of acceptance and their full name in block letters next to the signature. The seller is entitled to request a document proving the identity of the buyer or an authorized person of the buyer for the purpose of identity verification.
The buyer is entitled to refuse to accept only damaged goods or goods that are in conflict with the buyer's order.
Price of goods
The price of goods means, for normally imported goods, the recommended price listed in the valid price list of individual publishers or, for special orders, the individually agreed price. The supplier reserves the right to change the price of the delivered goods depending on the change in foreign currency exchange rates within +/- 10%.
Method of payment, due date
Payment for the collected goods can be made by direct payment in cash or payment card (for personal collection of goods at the establishment), bank transfer or cash on delivery.
Accounting for the delivered goods will be carried out by means of an invoice, which the seller is entitled to issue at the earliest on the day of performance, i.e. upon receipt of the ordered goods by the buyer, or by handing over the goods to the first public carrier for transport to the destination specified by the buyer.
The invoice will be issued to the buyer's billing address and sent together with the goods (unless otherwise agreed in a specific case). If the buyer requests it in writing (at the same time as the order), another payer can also be listed on the invoice (e.g. a school foundation, parents' association, etc.), but the buyer must document the consent of this person. In such a case, the buyer guarantees the fulfillment of the obligation by the person named on the invoice as the payer. After the invoice has been sent to the buyer, it is no longer possible to make changes to the invoicing data.
The due date of the invoice for the delivered goods is 14 days from the day the invoice is issued (unless otherwise agreed).
Transportation
For shipments with an invoice value exceeding NOK 1,000, postage and packaging are not charged.
Parcel shipping
Shipment up to 2 kg CZK 95
Shipment up to 30 kg CZK 130
Cash on delivery + CZK 20
Penalties for delay
In the event of non-compliance with the contractually agreed payment period, the seller has the right to additionally charge the buyer a contractual penalty in the amount of 0.1% of the amount due for each day of delay.
Payment of the contractual penalty does not affect or limit the seller's right to payment of any damages and to interest on late payment in the amount determined by legal regulations.
The seller is then entitled to refuse or suspend further deliveries until the date of payment of due receivables, contractual fines or interest due to late payment. In case of repeated delay in payment, the seller has the right to provide additional goods to the buyer only against cash payment or cash on delivery.
Transfer of title to goods
All delivered goods remain the exclusive property of the seller until full payment of the purchase price.
Complaints
The seller is responsible for the quality of the delivered goods and provides a guarantee for the goods in accordance with applicable legal regulations. The buyer is obliged to report the complaint to the seller without undue delay or within 5 days from the day of receipt of the shipment in case of damage during the transport of the goods or in case of incorrect order processing, or within 12 months in the case of printing errors (hidden defects).
After the complaint is acknowledged, the defective goods will be exchanged for new ones or a corrected tax document will be issued. In case of incorrect delivery, the invoice will be cancelled. Returned goods (unless they are defective) must be in undamaged and salable condition.
The buyer is obliged to inspect the goods upon receipt.
Flawless and correctly delivered goods cannot be returned. Returns for any other reason are possible only on the basis of a mutual agreement between the seller and the buyer on the return or exchange of goods. The buyer has no legal right to conclude an agreement on the return or exchange of goods, and the conclusion of this agreement is solely at the good will and discretion of the seller. In the case of returning goods, the seller is entitled to issue a corrected tax document for the returned goods with an increased rebate of 7% for goods with a total value of up to CZK 100,000 and 12% for goods with a total value exceeding CZK 100,000.
The buyer is obliged to confirm the corrected tax document and deliver it to the seller without unnecessary delays. In other cases, the seller is not obliged to credit the corrected tax document or return the financial performance. A corrected tax document containing the stamp, name and signature of the buyer or the authorized person of the buyer is considered duly confirmed.
Personal data protection
The buyer acknowledges that the seller processes the buyer's personal data contained in this contract and documents related to the fulfillment of this contract for the purposes of implementing this contractual relationship. These data include, in particular, name, surname, VAT number, address, email. address, phone number.
The purpose of processing personal data is to process the Buyer's order and exercise the rights and obligations arising from the contractual relationship between the Seller and the Buyer; and further sending business messages. The legal reason for the processing of personal data is the fulfillment of the contract according to Article 6, paragraph 1 letter b) EU Regulation No. 2016/679 (GDPR), fulfillment of the controller's legal obligations pursuant to Article 6 paragraph 1 letter c) GDPR and the legitimate interest of the Seller according to Article 6 paragraph 1 letter f) GDPR.
The legitimate interest of the Seller is the processing of personal data for the purposes of direct marketing. The Seller will process the Buyer's personal data for the duration of this contractual relationship and after its termination for the time necessary to assert claims from this relationship and for archiving in accordance with relevant legal regulations. The buyer has the right to request from the seller access to his personal data according to Article 15 GDPR, correction of personal data according to Article 16 GDPR, or restriction of processing according to Article 18 GDPR.
The buyer has the right to delete personal data according to Article 17 paragraph 1 letter a), and c) to f) GDPR. Furthermore, the Buyer has the right to object to the processing according to Article 21 of the GDPR and the right to data portability according to Article 20 of the GDPR. The buyer has the right to file a complaint with the Office for Personal Data Protection (www.uoou. cz) if he believes that his right to the protection of personal data has been violated.
Final Provisions
The seller reserves the right to deviate from these terms and conditions and to adjust the terms and conditions individually based on previous cooperation with the customer and his payment behavior.
