General terms and conditions
These general terms and conditions (hereinafter referred to as "terms and conditions") apply to contracts concluded through the site TREEIB COM located on the web interface www.treeib.com (hereinafter referred to as "web interface") between
LEDASCO s.r.o. with registered office at Felklova 2005, 25263 Roztoky
IC: 08369704
DIC: CZ08369704
Registered with the Municipal Court in Prague under the mark C 317798
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Address for communication:
LEDASCO s.r.o., Felklova 2005, 252 63 Roztoky
Contact e-mail: info@ledasco.cz
Company electronic mailbox: 7ea97b7
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as the seller
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and an entrepreneur or legal person
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as the buyer
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(both hereinafter collectively referred to as the "Parties").
1. Introductory Provisions
1.1 The Terms and Conditions define and specify the basic rights and obligations of the parties when concluding a purchase contract or other contract referred to herein (hereinafter referred to as the "Contract") via the web interface.
1.2 The provisions of the Terms and Conditions are an integral part of the Contract. Provisions deviating from the Terms and Conditions may be agreed in the contract. Deviating provisions in the Contract shall prevail over the provisions of the Terms and Conditions. The Seller may change or supplement the wording of the Terms and Conditions. The rights and obligations of the contracting parties shall always be governed by the wording of the terms and conditions under which they arose. The rights and obligations of the contracting parties are further governed by the Complaints Procedure, the Terms of Use of the web interface, and the terms and conditions and instructions set out on the web interface, in particular at the conclusion of the contract. In matters not regulated herein, the relations of the parties shall be governed by legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").
1.3 These terms and conditions apply to buyers who are entrepreneurs and to legal entities. LEDASCO does not sell on Treeib.com to end users who are not entrepreneurs. If the purchase were to be made by a person who is not a business or legal entity, any further liability of LEDASCO Ltd. is excluded as there has been no compliance with these provisions.
1.4 The buyer acquires ownership of the goods by paying the full purchase price, but not before taking possession of the goods.
2.5 The Contract is concluded at the moment when the Buyer has received the acceptance of the binding order from the Seller.
2.6 In the event of cancellation of the order by the Buyer, the Seller is entitled to a cancellation fee of 50% of the price of the goods. If the Seller has already incurred costs in connection with the contract, he is also entitled to reimbursement of these reasonable costs in full. If the goods are produced specifically to the buyer's order, e.g. a custom print design or a non-standard colour, it is not possible to cancel the order if it has already been placed for production.
3. Delivery terms
3.1 The Seller is obliged to deliver the goods to the Buyer in the agreed manner, properly packed and equipped with the necessary documents. Unless otherwise agreed, the documents are provided in the Czech language. For buyers in the USA and Canada the documents will be delivered in English.
3.2 Upon agreement of the parties, the Seller may arrange for the Buyer to transport the goods and to insure the goods during the period of transport. The buyer is obliged to pay the price of transport and insurance according to the valid tariff of the carrier. The delivery of the goods to the Buyer shall be deemed to be the handover of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods passes to the buyer.
3.3 Before taking delivery of the goods, the Buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier of any defects. A report of defects will be drawn up. If a defect report is not drawn up, the buyer loses any claims arising from the defective packaging of the goods.
3.4 The Buyer is obliged to fulfil all obligations arising from the import of goods across the border. These typically include customs declaration and payment of customs duties.
3.5 Immediately upon receipt of the goods, the Buyer is obliged to inspect the goods, in particular to check the number of items and their completeness. In the event of a discrepancy, the Buyer shall notify the Seller without undue delay, but no later than 2 working days after receipt of the goods. The Buyer is obliged to document the defects found in a suitable manner and send this documentation to the Seller together with the defect notification.
3.6 The Buyer's failure to accept the goods shall not affect the Seller's right to demand payment of the purchase price in full.
3.7 The time of delivery of the goods shall always be agreed between the Seller and the Buyer individually. Goods that are in stock are usually dispatched by the Seller within two working days of receipt of the order. Goods that are not in stock will be delivered to the Buyer within 2-3 months of the order being placed. The seller will inform the buyer of the exact date.
4. Payment terms
4.1 The Buyer has the option to pay the purchase price for the goods to the Seller by any of the following methods in addition to other methods listed on the web interface or individually agreed:
- by international wire trasfer before delivery of the goods to the Seller's bank account on the basis of an invoice.
4.2 In the case of non-cash payment, the price is payable within 15 days of acceptance of the order, unless otherwise agreed by the parties. In the case of non-cash payment, the Buyer's obligation to pay the price of the goods is fulfilled when the relevant amount is credited to the Seller's account.
4.3 In the event of non-compliance with the due date according to these Terms and Conditions, the Buyer may be charged interest on the overdue amount at the rate of 0.5% of the amount due for each day of delay. The Seller's right to compensation for damages incurred by the Buyer's delay is not affected.
4.5 Payment for goods is possible in Czech crowns (CZK), Euros (EUR) or US dollars (USD).
5. Cancellation of the contract
5.1 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the Goods. In this case, the Seller shall refund the Purchase Price already paid by the Buyer to the Buyer, without cash, to the account communicated to him for this purpose by the Buyer or to the account from which the funds were transferred for the payment of the Purchase Price (unless the Buyer communicates any of them to the Seller within 5 days of the withdrawal).
5.2 The Seller is further entitled to withdraw from the Contract if the Buyer is in default in payment of the purchase price of the Goods for more than 4 weeks. In this case, the Seller is also entitled to a contractual penalty of 50% of the price of the goods.
5.3 The buyer is entitled to withdraw from the contract if the seller is in default of delivery of the goods for more than 3 months from the agreed delivery date.
5.4 The buyer is not entitled to withdraw from the contract in respect of goods that have been delivered properly, on time and without defects.
5.5 Withdrawal from the contract must be made in writing and, in the case of contracts agreed electronically, also electronically. Withdrawal from the contract is effective upon delivery of the notice of withdrawal to the other party.
5.6 If a gift has been given together with the goods, the gift contract shall cease to be effective upon withdrawal by either party.
6. Rights from defective performance
6.1 The conditions for exercising rights of defective performance and warranty liability are governed by the Seller's Complaints Procedure.
7. Protection of the Seller's trade secrets and commercial policy
7.1 During the negotiation of the contract and its performance, information may be disclosed to the Buyer which is marked as confidential or whose confidentiality is implied by its nature. In particular, the Buyer undertakes to:
- keep confidential;
- not to disclose it to any other person without the consent of the Seller;
- not to use it for any purpose other than the performance of the contract;
- not to use it in any other detrimental way.
8. Final provisions
8.1 If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law (excluding the application of the UN Convention on Contracts for the International Sale of Goods).
8.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective or unenforceable, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. Amendments to the contract or the terms and conditions shall be in writing.
These terms and conditions are valid and effective as of 28.12.2022