1. Introductory provisions
1.1. These Terms and Conditions (hereinafter referred to as "terms and conditions") of POLAK CZ s. r. o., with its registered seat in Opatov No. 348, 569 12 Opatov, Company ID: 275 05 880, Tax ID: CZ27505880, which is registered in the Commercial Register kept at the Regional Court in Hradec Králové, Section C, Insert 23007 (hereinafter referred to as the "manufacturer") govern, in accordance with the provisions of Â§ 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations and other related legal relations in connection with the use of the manufacturer's website published at the Internet address www.nabytek-polak.cz by natural or legal persons (hereinafter referred to as "prospective buyers").
1.2. The wording of the terms and conditions may be amended or supplemented by the manufacturer. However, this does not affect the rights and obligations arising during the period of validity of the previous versions of the terms and conditions.
2. Definition of participants in a legal relationship
The manufacturer is legal entity: POLAK CZ s. r. o., 569 12 Opatov 348, Company ID: 27505880, hereinafter referred to as the manufacturer. The manufacturer is also the owner and operator of the website located at the address www.nabytek-polak.cz, which represents the subject of these terms and conditions, it handles complaints and technical questions related to the operation of this website.
2.2. The seller
For the purposes of these terms and conditions, the seller is a natural or legal person who has entered into a contract with the manufacturer for the sale of its goods. After concluding the purchase contract with the chosen seller, the prospective buyer may assert all the rights and obligations related to the purchase of the selected goods against the seller who delivered the goods to him, not against the manufacturer.
2.3. Prospective buyer
For the purposes of these terms and conditions, prospective buyer is a natural or legal person - a visitor to the website www.nabytek-polak.cz - that fills in and sends (via e-inquiry form) inquiry or request to the seller of his/her choice or that registers in the user interface on the manufacturer's website.
3. E-inquiry sent to individual sellers
3.1. Entire presentation of goods within the manufacturer's web interface is for information purposes only. The provisions of Â§ 1732 para. 2 of the Civil Code shall not apply. No purchase contract is concluded between the manufacturer and the prospective buyer. When an inquiry on a specific product chosen by the prospective buyer it sent by the same, the seller of his/her choice contacts the prospective buyer and provides him/her with more information on the requested goods, conditions of their delivery, payment conditions and submits a quotation to the prospective buyer.
3.2. The web interface of the e-shop provides information on the goods and the prices of individual goods as recommended by the manufacturer. Recommended prices of goods are listed without value added tax. Value added tax is added to the recommended prices of goods in the inquiry form only for information. The indication of recommended prices of goods does not limit the right of individual sellers to conclude a purchase contract with a prospective buyer under individually agreed conditions.
3.3. The prospective buyer may submit its inquiry to the seller of his/her choice by filling in the Inquiry Form of the web interface of the e-shop. This inquiry form includes in particular information about:
3.3.1. the requested goods and their recommended price,
3.3.2. contact details of the prospective buyer,
3.3.3. selected seller,
3.3.4. delivery details of the prospective buyer,
3.3.5. preferred payment method,
3.3.6. preferred mode of transport,
3.3.7. remark provided by the prospective buyer on the requested goods.
3.4. Sending an inquiry via web interface of the e-shop: Prospective buyer sends the inquiry to the seller of his/her choice in following way: he/she inserts the item in the inquiry form ("select" option on the goods card) in the required quantity, selects variants of the requested goods (RAL colour scheme), preferred method of payment, preferred mode of transport, contact and delivery details, note), then he/she uses the list of sellers to choose the seller to whom the inquiry should be sent for processing and sends the inquiry by selecting the "Send” button. If the inquiry does not include the required details, the system notifies the prospective buyer and the inquiry is not sent. The prospective buyer is not obliged to register in order to be eligible to send an inquiry. When the inquiry is sent, the system displays a message on the inquiry sending and the prospective buyer receives a confirmation of the inquiry in the form of its "copy", namely to the e-mail address provided within the inquiry.
3.5. The information provided in the inquiry is considered correct. The prospective buyer has the opportunity to check this information before sending the inquiry. Immediately upon receipt of the inquiry, the seller shall confirm this receipt by e-mail to the e-mail address of the prospective buyer as specified in the user interface or in the inquiry (hereinafter referred to as the "e-mail address of the prospective buyer").
3.6. Depending on the nature of the demand (quantity of goods, price, transport costs) the seller is always entitled to ask the prospective buyer for additional confirmation of the inquiry, in writing or by telephone or e-mail. If he/she does not confirm the inquiry at the request of the seller, it is considered that the prospective buyer is no more interested in the ordered goods.
3.7. The contractual relationship (purchase contract) between the prospective buyer and the seller of his/her choice is established only when the prospective buyer confirms (accepts) the quotation, as sent him/her by the seller of his/her choice to the e-mail address of the prospective buyer, namely electronically, in writing, by phone or in person.
3.8. The contract concluded between the prospective buyer and the seller can be modified, specified or cancelled only on the basis of mutual agreement between the prospective buyer and the seller, namely in writing or by e-mail. Such changes shall be confirmed by both parties.
3.9. The prospective buyer agrees to the use of means of distance communication when concluding a purchase contract with the seller of his/her choice. The costs incurred by the prospective buyer in the use of means of distance communication in connection with sending the inquiry or concluding a purchase contract with the seller of his/her choice (internet connection costs, telephone call costs) shall be borne by the prospective buyer himself/herself while these costs do not differ from the basic rate.
4. Recommended price of goods
4.1. The recommended price of goods is given for individual types of goods without VAT. VAT is added to the final price for all requested goods in the Inquiry Form.
4.2. The price agreement between the prospective buyer and the specific seller is reached only when the prospective buyer confirms (accepts) the quotation sent to the same by the seller of his/her choice.
4.3. The seller is entitled not to conclude the contract or cancel the contract in the event of an obvious error in the price of the goods in the quotation sent by him/her when compared with the usual price.
5. Liability for defects and warranty conditions
The buyer asserts the rights arising from the defective performance against the seller chosen by him/her at the address of his/her registered office and not against the manufacturer. The seller then makes a complaint to the manufacturer.
6. Other rights and obligations of the contracting parties
6.1. The manufacturer is not bound by any codes of conduct in relation to the prospective buyer within the meaning of the provisions of Â§ 1826 par. e) of the Civil Code, as amended.
6.2. The prospective buyer hereby assumes the risk of a change of circumstances within the meaning of Â§ 1765 paragraph 2 of the Civil Code.
7. Protection of personal data and sending of commercial communications
POLAK CZ s. r. o. is committed to protect and secure your personal data. We use a variety of security technologies and procedures to protect your personal data from unauthorized access, use or disclosure. POLAK CZ s. r. o. will not sell nor rent your personal data to any third party. More information on the processing of buyer's personal data by the seller can be found in the section Information on personal data processing.
8. Sending commercial communications and storing cookies
The prospective buyer agrees to the storage of so-called cookies on his/her computer. In the event that the inquiry may be made on the website without the so-called cookies being stored on the prospective buyer's computer, the prospective buyer may withdraw his/her consent pursuant to the previous sentence at any time.
9. Mail delivery
The prospective buyer may be contacted by the seller(s) of his/her choice via the e-mail address specified in his/her user account or the address given by his/her in the inquiry.
10. Final provisions
10.1. Legal relations arising from these Terms and conditions, not explicitly stated in them, are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code, as amended.
10.2. If the relationship related to the use of the website contains an international element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legislation.
10.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision which meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4. The Terms and Conditions are archived by the manufacturer in electronic form and the current version can always be downloaded in PDF format.
10.5. Contact details of the manufacturer:
Postal address: POLAK CZ s.r.o., Opatov No. 348, 569 12 Opatov
Manufacturer's premise: POLAK CZ s.r.o., Opatov No. 348, 569 12 Opatov
Opening hours: 7:00 - 15:50 Mon – Fri
Address for electronic mail: email@example.com
Telephone: +420 737 287 808
10.6. These Terms and Conditions are effective from October 1, 2018
In Brno on October 1, 2018
POLAK CZ s. r. o.
Petr Polák, executive secretary