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General Terms of Business for the company Sunnysoft s.r.o., valid from 1.1.2006

1. Basic stipulation

1.1. These General Terms of Business govern the relationship between the company Sunnysoft s.r.o., (hereinafter the “Seller”) and customers of Sunnysoft s.r.o., (hereinafter the “Buyer(s)”). Deliveries, services, and offers made by the Seller shall be realized exclusively on the basis of these General Terms of Business. These terms shall be considered to have been accepted and to be binding at the moment a partner registers with Sunnysoft s.r.o., and at the very latest at the moment a Buyer initiates an order.

1.2. The Seller focuses on the sale of products in the area of computer technology and mobile communications. Only legal entities or private individuals authorized to buy and sell goods may purchase from the Seller within the framework of the dealership price lists established by the Seller. During the first purchase the Buyer is obligated to provide the Seller with a copy of an extract from the Commercial Registry not more than six months old or a copy of a trade license; if the Buyer is a VAT payer, he must provide a copy of his certification of registration to pay VAT.

1.3. The Buyer is obligated to inform the Seller in a timely manner of any changes in the company’s registration, delivery addresses, telephone, fax and e-mail information.

2. Ordering goods

2.1. Orders are accepted in writing by fax or e-mail.

2.2. In the interest of processing the order speedily, Buyers are request to list:

  • the name of the company and its invoicing information
  • the date of the order
  • the order number
  • the ordered goods with their codes and prices in the corresponding price category per the updated price list or individually per personal agreement
  • the number of items ordered
  • the requested delivery date
  • the requested delivery site (if different than the company’s registered office)
  • the requested delivery method
  • the contact person who is sending the order and his or her telephone and e-mail information

 

2.3. Should the ordered goods be immediately available and the Buyer be paying in advance, within one working day the Buyer will be sent an advance invoice serving as confirmation of the order and a summons to pay. Should the goods not be available at the time the order is received, confirmation of the order will be sent including the estimated time when the goods will be available.

2.4. In the event of payment in cash (on delivery) or by bank transfer, the Buyer will be sent an e-mail confirming the order, listing the goods not available at that moment, and giving the estimated time when the goods will be available.

2.5. Should the Buyer not be satisfied with the estimated delivery time for such unavailable goods, the Buyer is requested to cancel the order as soon as possible, otherwise the order will continue to be considered open. Cancellation of an order is possible only in writing, i.e., by e-mail or fax.

3. Prices and payment conditions

3.1. All prices listed in the Seller’s dealership price lists are listed exclusive of VAT, shipping, packaging, and insurance. For contracted delivery of goods or services on a long-term basis, the Seller reserves the right to change the prices according to unforeseeable circumstances, such as changes in customs duties, import and export fees, price changes by manufacturers, etc.

3.2. The purchase price is established on the basis of the Seller’s price list valid at the time the goods are ordered unless both sides agree otherwise in a specific case.

3.3. Payment in advance is realized on the basis of an advance invoice issued by the Seller. The number of this advance invoice shall be used as the “variable symbol” when making payment. The moment of payment of the purchase price is considered the date on which the appropriate amount is recorded as having been deposited into the Seller’s account or the moment payment of the appropriate amount is made in cash at the Seller’s registered office or at one of his branches. Other confirmations of payment in advance, such as the original of a bank statement, may be accepted by the Seller only if agreed to in advance.

3.4. In the event of purchase on credit the Buyer undertakes to remit the appropriate amount at the latest by the date listed as the due date on the invoice accompanying the goods. The due date is understood to mean the date on which the appropriate amount is recorded as having been deposited into the Seller’s account.

3.5. Should payment be delayed, the Seller is authorized to demand the Buyer pay interest in the amount of 0.05% of the amount owed daily. Should the Seller be forced to resort to court action to receive the amount owed, he is authorized to demand of the Buyer all costs associated with such action including all fees and damages. The Seller is also authorized to halt all deliveries of goods or services to the Buyer until all accounts have been settled in full.

3.6. Value added tax is a component of the purchase price. The purchase price does not include the costs for shipping the goods to the Buyer; unless otherwise agreed to in advance; it does not include costs connected with rendering the goods operational. These costs are separately accounted for on the invoice. Costs and fees connected with international money transfers shall be paid in full by the Buyer.

4. Terms of delivery

4.1. All delivery times are predicated on the timely receipt of goods from the supplier. The Buyer may not demand compensation for damages resulting from the non-delivery of goods from the supplier to the Seller. Deadlines and delivery times are non-binding unless otherwise expressly agreed in writing. Information on specific delivery times and deadlines provided by the Seller are subject to the suppliers and manufacturers providing correct and timely delivery to the Seller.

4.2. Should the Buyer refuse or not take delivery of products offered by the Seller in accordance with the order and requests of the Buyer, the delivery shall be considered to have been realized and the Seller shall be authorized to warehouse the products at the expense of the Buyer and with the Buyer bearing all liability, including all expenses for shipping and storage. In the event of advance payment, the Seller is moreover authorized to deduct a 10% cancellation fee from the total amount paid.

4.3. During delivery of the products, the Buyer shall inspect them and report to the Seller within 24 hours any alleged insufficiencies in the amount of items delivered, damages, or discrepancies concerning the information on the bill of lading or description of goods. Should the Buyer not inform the Seller within this time period, it shall be considered that the products correspond to the Buyer’s request.

4.4. Unless otherwise agreed, the Seller’s costs connected with delivery of the goods to the site designated by the Buyer shall be paid by the Buyer.

4.5. All liability associated with accidental destruction or damage to the goods transfers to the Buyer as of the moment the goods are delivered to the Buyer. The moment the goods are delivered shall be considered the handover of a package to the first carrier or the personal takeover of the goods by the Buyer at the registered office of the Seller or one of his branches. The Seller is not liable for damages to the goods arising during shipping or handover. The Seller is liable for appropriate packaging for the agreed shipment method and for insuring the goods.

4.6. The Seller is authorized to deliver partial orders of goods and services. In such a case each partial delivery of the goods or services counts as an individual service.

4.7. Given the nature of the business relationship between the Seller and the Buyer, the Seller is not obligated to demonstrate the functionality of the goods to the Buyer during each individual purchase.

4.8. The Buyer specifies the delivery method in the order as one of the following:

  • Personal pickup at the registered office or business premises of the Seller
  • Business delivery through the Czech postal service
  • Delivery through a domestic shipping firm (DPD, TopTrans, PPL)

 

5. Warranty

5.1. The Seller guarantees the products are without production or material flaws. Unless stated otherwise on the invoice/bill of lading, this guarantee applies for 24 months should the following terms be upheld.

5.2. The warranty begins on the date an item is delivered from the warehouse. If instructions for the use and maintenance of the item supplied by the Seller are not followed, should it have been modified, had parts changed, or should an auxiliary material not corresponding to the original specifications have been used, no warranty shall apply. The same applies if the defect was caused by incorrect use, storage or manipulation of the item, or by external intervention into it, such as opening it up. Minor deviations in color, dimensions, and/or other qualitative or performance parameters of the goods do not mean the warranty shall enter into effect.

5.3. Should the Buyer announce that the products do not correspond to the warranty terms, the Seller requests that the flawed part or item be sent or delivered to the Seller for repair along with a description of the flaw, the model and serial numbers of the item, and the sales document including the production number which accompanied the item. The goods must be sent at the Buyer’s expense and will be sent back from the Seller at the Seller’s expense unless the shipping costs are incomparably higher than the value of the goods, in which case the goods will be sent to the Buyer at the Buyer’s expense. The Buyer must take care to make copies of all important data stored in the items prior to sending them for repair, since such data may be lost during the repair process. The Seller is not liable for the loss of data or any subsequent damages caused by such loss.

5.4. For returned items or parts for which no flaw can be discovered, the Seller will bill the Buyer for the costs of the diagnosis and shipping back of the item to the Buyer. The same shall apply should the warranty not be recognized and the Buyer refuses a repair of the item at his own expense.

5.5. Normal wear and tear is excluded from warranty.

5.6. Unless agreed otherwise, claims under warranty made of the Seller may be made only by the immediate Buyer and are not transferable. When selling the item to a third party, the Buyer is obligated to provide services for the goods obtained from the Seller at his own cost so as to properly fulfill the terms established by the Seller’s Returns Policy.

6. Concluding provisions

6.1. The Buyer is unconditionally obligated to preserve secrecy concerning all information to which he has access in connection with deliveries from the Seller which can be unambiguously considered under the circumstances as business or company secrets of the Seller and which should be treated as confidential. The Buyer is obligated to neither record such information, nor to transfer it to third parties, nor to exploit it in any other way unless such action is necessary to achieve the aim of the shared business relationship.

6.2. When selling the goods to third parties, the Buyer undertakes to uphold the principle of protecting manufacturer’s copyright, particularly for software products.

6.3. The Buyer undertakes to always act and conduct himself so as not to damage the good name either of the Seller or of his suppliers. Should the Buyer behave otherwise, the Seller is authorized to cease all business cooperation with the Buyer and to demand compensation from the Buyer for lost profits and other damages arising as a result of such behavior.

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