Terms and Conditions

GENERAL TERMS AND CONDITIONS

(hereinafter referred to as "GTC")

 

 

Scope of modification, validity of the GTC
1.1 These GTC regulate the relations between FISHING BOATS s.r.o, ID No.: 176 20 759, with registered office at U Lomu 2589/44a, 680 01 Boskovice, registered in the Commercial Register maintained by the Regional Court in Brno, file number C 130754 (hereinafter referred to as the "Seller") and the Buyer (hereinafter referred to as the "Buyer"), arising from the purchase of movable property (hereinafter referred to as the "movable property" or the "object of purchase"), to the extent that they are not otherwise regulated by a written agreement or contract between the Seller and the Buyer. Relations between the Seller and the Buyer are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

 

Acceptance of the order, conclusion of the purchase contract
2.1 At the moment of binding confirmation of the order by the Seller, mutual rights and obligations arise between the Seller and the Buyer. At this moment, the purchase contract is concluded, in the content regulated by the binding order and its confirmation (purchase contract) and these GTC.

2.2 By concluding the Purchase Contract, the Buyer confirms that he has read these GTC and agrees to them.

2.3 The Seller reserves the right to cancel the order or part of it before the conclusion of the purchase contract in the event that the subject of the order is no longer manufactured or delivered. In the event that this situation arises, the Seller shall immediately contact the Buyer in order to agree on a further course of action. If the buyer has already paid the deposit, this amount will be transferred to his bank account and the purchase contract will not be concluded.

2.4 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

 

 

Deposit, Purchase price
3.1 The Buyer is obliged to pay the advance payment according to the advance invoice to the Seller's account, which is specified in the order/contract. The Buyer shall be deemed to have fulfilled this obligation on the date on which the relevant amount is credited to the Seller's account. In the event of non-payment of the agreed advance payment within the stipulated period, the Seller shall be entitled to withdraw from the Purchase Contract.

3.2 The purchase price of the object of purchase is determined on the basis of the contract.

3.3 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.

 

Delivery of the object of purchase
4.1 Unless otherwise agreed, delivery means the transport of the object of purchase to the agreed place (hereinafter referred to as "delivery").

4.2 The delivery periods shall commence from the time of payment of the advance payment of the purchase price. Payment means the crediting of the relevant amount to the Seller's bank account.

4.3 The Seller shall have no obligations towards the Buyer in the event of non-compliance with the delivery deadlines and terms which have been expressly agreed between the Seller and the Buyer or set out in these GTC, provided that such non-compliance is caused by the failure of the manufacturer of the movable item to deliver the object of purchase to the Seller within the delivery deadlines and terms. In the event of non-compliance with the delivery times and deadlines, the Seller shall have no obligation to the Buyer

 

4.4 The Seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

4.5 All data on the volume, appearance, performance, measurements and weights, fuel consumption, operating costs, etc. of the object of purchase stated by the Seller in the purchase contract or order, or stated in the manufacturer's promotional materials, are non-binding and indicative and do not guarantee the characteristics of the object of purchase.

4.6 Design changes and changes in form, deviations from the colour shade, as well as changes in the volume of delivery by the manufacturer are reserved during the delivery period and the Buyer agrees to them, provided that the said changes do not lead to substantial changes in the object of purchase or the order, and provided that they are not changes to the disadvantage of the Buyer.

 

Acceptance of the object of purchase
5.1 The Seller shall notify the Buyer of the date of collection of the object of purchase.

5.2 The Buyer is obliged to take delivery of the object of purchase within 10 days of the date specified in this notification. Taking over the object of purchase is conditional upon payment of the full purchase price. The Seller shall allow the Buyer to take over the object of purchase within 10 working days from the date of crediting the full purchase price of the object of purchase to the Seller's account, unless the Parties agree otherwise. The Seller is entitled to refuse the Buyer's acceptance of the object of purchase if the Buyer fails to meet the agreed payment terms. In the event that the Buyer fails to meet the conditions for proper acceptance of the object of purchase within the specified period of 10 days and therefore does not take over the object of purchase, the Buyer shall be obliged to pay the Seller a storage fee for each calendar day of delay, even if only for the first calendar day, in the proper acceptance of the object of purchase.

5.3 The parties may agree on an extension of the deadline for taking over the object of purchase. If the buyer does not take over the object of purchase even within the agreed period, the seller has the right to withdraw from the contract. In such a case, the buyer is obliged to pay the seller a contractual penalty of 15% of the purchase price of the object of purchase. The right to the storage fee according to clause 5.2 is not affected. The contractual penalty may be offset against the advance payment of the purchase price.

5.4 The time limit for taking over the object of purchase pursuant to clause 5.2 of this article does not apply and the effects of its non-observance occur immediately in the event that the buyer explicitly refuses to take over the movable item or the takeover is not possible due to failure to meet the agreed payment conditions.

5.5 Acceptance of the movable property shall be confirmed by the Buyer's signature, in the case of legal entities by the signature of authorized representatives.

5.6 The Buyer confirms that he/she has been acquainted with the correct way of using the movable object according to the operating instructions and the manufacturer's warranty conditions.

 

Acquisition of ownership
6.1 The Buyer becomes the owner of the Purchased Item upon payment of the full purchase price of the Purchased Item.

 

Warranties
7.1 The Seller warrants the Purchased Item against defects in accordance with the manufacturer's warranty conditions. This warranty starts from the date of acceptance of the movable object.

 

Out-of-court settlement of consumer disputes
8.1 A buyer who fulfils the characteristics of a consumer pursuant to Section 2(1)(a) of Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as "ZoOS"), has the right under Section 20d et seq. of the ZoOS to an out-of-court dispute resolution of a purchase contract relating to a movable item. The subject of out-of-court settlement of consumer disputes (i.e. the body authorised to resolve such disputes) is the Czech Trade Inspection Authority within the meaning of Section 20e(d) of the ZoOS. The Internet address of the Czech Trade Inspection is http://www.coi.cz/.

 

Final provisions
9.1 The rights and obligations not expressly provided for in the Purchase Agreement or these GTC shall be governed by the generally binding legal regulations of the legal system of the Czech Republic.

9.2 Together with the Purchase Order and the Purchase Contract, these GTC constitute the entire agreement between the Seller and the Buyer with respect to the subject matter of the Purchase Contract and supersede all prior discussions, negotiations and agreements between the Parties with respect to the subject matter of the Purchase Contract. No representation made by the parties in the negotiation of this Agreement or any representation made after the execution of this Agreement shall be construed contrary to the express provisions of this Purchase Agreement or these GTC and shall create any obligation on either party.

9.3 The Purchase Agreement may only be amended or supplemented by written amendments signed by both parties. Amendment of the Purchase Agreement in any form other than in writing is hereby excluded.

9.4 If any obligation under these GTC, the Purchase Order or the Purchase Agreement or any provision thereof (including any paragraph, clause, sentence or word thereof) is or becomes invalid, unenforceable and/or void, then such invalidity, unenforceability and/or voidness shall not affect the other provisions thereof. The Parties shall replace such invalid, unenforceable and/or apparent obligation with such new valid, enforceable and not apparent obligation, the subject matter of which shall, to the extent possible, correspond to the subject matter of the original separate obligation. If any provision of these GTC, the Purchase Order or the Purchase Contract (including any paragraph, article, sentence or word thereof) proves to be illusory, the effect of such defect on the other provisions of the contract shall be assessed mutatis mutandis in accordance with the provisions of Section 576 of the Civil Code.

9.5 These General Terms and Conditions shall come into force on 20 April 2023.

 

The customer confirms that he has been informed of the contents of the information memorandum on the processing of personal data for the sale of movable property and the provision of after-sales services.

I have read and agree to these general terms and conditions.