Business Conditions 2019
Terms and Conditions
Company mapcards.net, s.r.o., Company ID No.: 26905035, with its registered office at Vinohrady 97/29, Štýřice, 639 00 Brno, registered in Commercial Register kept by Regional Court in Brno, section C, insert 43322 (hereinafter referred to as “Supplier”),
Definition of terms
For the purpose of these business conditions, the term:
“Online Store” means the Supplier’s store at the website http://www.mapcards.net The online store is dedicated for entrepreneurs only, not for consumers.
“Purchase Contract” means a contract on the purchase of goods concluded between the Supplier and the Buyer through the Online Store,
“Buyer” means only an entrepreneur, i.e. a person buying goods within its business aktivity,
“Civil Code” means Act No. 89/2012 Coll., of the Civil Code, as amended,
“Business Conditions” or “BC” mean these business conditions,
“Business Framework” means the maximum amount of the purchase prices according to purchase contracts not paid by the Buyer, charged in tax documents, issued by the Supplier, due and overdue, without VAT, unless expressly stated otherwise,
“Supplier’s Authorised Employee” means the Supplier's employee, a person authorised by the Supplier to hand over the Goods to the Buyer, or the crew of the carrier's vehicle used by the Supplier to hand over the Goods to the Buyer,
“Buyer’s Authorised Employee” means in particular the Buyer's receptionist, agent, another person authorised to take over the Goods for the Buyer,
“Goods” mean the goods presented in the Online Store.
I. Use of Business Conditions
- The Business Conditions govern, in accordance with Section 1751 (1) of the Civil Code, the mutual rights and obligations of the contracting parties - the Supplier and the Buyer - arising in connection with or on the basis of the Purchase Contract. These Business Conditions do not deal with the relationship between the Supplier and the consumer, as the Online Store is not intended for consumers.
- Provisions deviating from the Business Conditions may be agreed to in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the Business Conditions.
- The provisions of the Business Conditions form an integral part of the Purchase Contract.
- The Business Conditions may be amended or supplemented by the Supplier. This provision does not affect the rights and obligations arising during the effect of the previous version of the Business Conditions. Therefore, the Supplier informs about the possibility of amending or supplementing the Business Conditions to ensure that the Buyer is aware of this possibility and always knows the current Business Conditions before sending the order.
II. User account
- The Buyer registers in the Online Store for ordering, tracking the order history, getting more affordable prices, free shipping, etc.
- When registering and ordering the Goods, the Buyer is obliged to provide correct and true information. The Buyer is obliged to update the data stated in the user account in case of any changes thereof, otherwise the Supplier shall not be liable for any delay in the delivery of the Goods, for a failure to deliver the ordered Goods, etc. due to the Buyer’s failure to provide current information. The data stated by the Buyer in the user account and when ordering the Goods are considered by the Supplier to be correct and need not be further verified.
- User account access is secured by a username and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access its user account and not to disclose such information to a third party. The Supplier is not liable for any misuse of such information, unless it is caused by the Supplier’s breach of its obligations. In case the Buyer discovers that its access data has been, or could have been, made available to a third party, the Buyer is obliged to change the access data (password) or if this is not possible (for example, the password has already been changed by a third party and cannot be changed using the "forgotten password" function, etc.) to inform the Supplier without delay in order to agree on the following procedure. The Buyer is not entitled to allow third parties to use the user account.
- The Supplier may cancel the user account, especially if the Buyer does not use its user account for more than 12 months, or if the Buyer grossly violates its obligations under the Purchase Contract (including the Business Conditions).
- The Buyer understands that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment of the Supplier, or necessary maintenance of hardware and software of third parties. The Supplier shall attempt to inform customers in advance of the planned shutdowns of its website.
III. Goods and prices
- The Online Store contains information about the Goods, including the prices of the individual pieces of Goods. All presentation of the Goods placed in the Online Store is informative. The actual form of the Goods may differ from the one shown in the picture, especially in terms of colour, etc. due to the impossibility of accurate capturing the form of the Goods by technical means. The Supplier reserves the right to change this presentation of the Goods. The information on the availability of the Goods displayed with the Goods is updated manually, once a day, i.e. at a certain moment the inventory listed in the Online Store may not correspond to the actual situation in the stock. In addition, during the time when the Buyer makes an order, the status of the inventory may change as a result of another customer's completed order.
- The minimum value of the Goods ordered within one order is 100 EUR excluding VAT. Orders for Goods at a lower price will not be considered.
- The Supplier is entitled to grant each Buyer an individual discount on some or all of the Goods.
- Prices displayed with the Goods are always final and include the currently granted discount amount. The customer must be logged in to view the prices.
- The prices of Goods are exclusive of value added tax, unless expressly stated otherwise, excluding shipping and packaging costs, insurance, customs clearance and any local taxes associated with the purchase of the Goods and their transportation to the place required by the Buyer.
- The purchase price of the Goods is payable within the period specified on the invoice - the tax document of the Supplier, usually within 30 days from issuing the tax document, unless agreed or specified otherwise, to the Supplier's account specified in the relevant tax document. The invoice is issued by the Supplier at the same time as the Buyer's order is received. The Supplier may set a longer maturity for individual customers with respect to their payment history, the value of the ordered Goods, etc.
- The payment day for the purposes of the Contract means the day of crediting the paid amount to the account of the Supplier at its bank.
- In particular in case of new customers, the Supplier may require the payment of the purchase price before shipment of the Goods.
- In case the Buyer is in delay with the payment of the purchase price of the Goods under the Purchase Contract for more than 10 days, the Supplier may, at its discretion:
- for all other Purchase Contracts (i.e. even those that will be concluded after the payment of the outstanding amount by the Buyer), or for some of them, require the payment of the purchase price of the Goods in accordance with the Purchase Contract in advance in cash (if applicable with regard to effective legal regulations), or by prepayment - advance - invoice (up to 100% of the purchase price of the Goods),
- suspend the performance under already concluded Purchase Contracts up to the moment of settlement of all Buyer's obligations to the Supplier, for which the delay period specified above was exceeded; the period for the delivery of Goods shall commence on the day following the day of removal of the above-defined obstacle and shall be extended by three business days beyond the delivery period of the Goods.
- The Parties have agreed that the Supplier is entitled to set off mutual receivables, where in case the Buyer is in delay with the payment of the purchase price of the Goods, the Supplier is entitled to set off even its receivables from the Buyer for which their maturity has not yet occurred. The Buyer expressly agrees with this.
- In case of delay in the payment of the purchase price of the Goods under the Purchase Contract for more than 30 days, the Buyer is obliged to come to the Supplier's registered office upon prior agreement, unless another place is agreed, in order to resolve and correct this defective condition as soon as possible, especially for example for the purpose of signing the recognition of an obligation, entering into an agreement to settle the obligation overdue, or agreeing on a calendar of payments, if the Supplier offers to the Buyer such an agreement, etc.
IV. Concluding the Purchase Contract
- The Purchase Contract is concluded on the basis of an order of the Buyer, which is considered a proposal to conclude a contract, and the acceptance of the order by the Supplier. The concluded contract is archived by the Supplier mainly for the purpose of its successful performance and related keeping records and is not accessible to third non-interested parties.
- To order the Goods, the Buyer shall complete the order form in the Online Store. The order form contains mainly information about:
- the Buyer
- the ordered Goods (the Buyer inserts the ordered Goods into the electronic shopping cart of the Online Store),
- the method of payment of the purchase price of the Goods, details of the required method of delivery of the ordered Goods and
- Information about the cost associated with the delivery of the Goods.
- Since the order is made after the Buyer's login to the user account, the Buyer's data is automatically pre-filled, but it can be changed.
- The Buyer sends the order to the Supplier by clicking on the "Send Order" button. The order is binding.
- After sending the order, the Buyer shall receive an e-mail with a summary of the order. This is not an acceptance of the order and the Purchase Contract is not concluded at that moment. The contractual relationship between the Supplier and the Buyer arises at the moment of the acceptance of the order. The acceptance of the order may be made either by telephone, by a Supplier's authorized employee, or by e-mail sent to the Buyer to the Buyer’s electronic e-mail address by the Supplier.
- The Supplier is not obliged to conclude the Purchase Contract regarding the Goods, i.e. to accept the Buyer's order, especially if the Goods are no longer manufactured or delivered, if they are found unsuitable for use, etc., if the stock quantity is insufficient, etc. In case the last-mentioned situation occurs, the Supplier shall immediately contact the Buyer to agree on further procedure.
V. Business framework, common provisions
- The Supplier is entitled to provide the Buyer with a Business Framework. The Business Framework is usually provided to buyers with a good payment history, usually worth EUR 2,000. In case the Business Framework is exceeded, the Supplier is entitled to refuse to deliver the Goods under the Purchase Contract to the Buyer and to withdraw from the Purchase Contract (or contracts) already concluded by which the Business Framework is exceeded, or if the Supplier does not refuse to deliver the Goods to the Buyer and does not withdraw from the Purchase Contract, the period for the delivery of the Goods shall be suspended during the period of exceeding the Business Framework by the Buyer and shall commence on the day following the day of removal of the set obstacle and shall be extended by three working days beyond the time period for the dispatch of the Goods.
- The Goods remain the property of the Supplier until the full payment of the purchase price of the Goods by the Buyer, but if it is paid prior to the handover of the Goods to the Buyer, the Buyer acquires the ownership of the Goods upon receipt of the Goods. The Buyer is not entitled to further process the Goods the purchase price of which has not yet been paid to the Supplier in full, i.e. the Goods that are (with respect to the reservation of the right of ownership) owned by the Supplier; nor is the Buyer entitled to sell such Goods or otherwise transfer the right of ownership of such Goods to a third party; furthermore, it is not entitled in particular to stop or in any way reduce, even temporarily, the value of the Goods.
VI. Rights and obligations of the contracting parties
- The Supplier undertakes to fulfil its obligation to properly deliver the Goods to the Buyer. The contracting parties have agreed that partial deliveries of the Goods to the Buyer as well as early delivery of the Goods are permitted.
- The Goods shall be prepared by the Supplier for takeover by the Buyer within 5 working days of the conclusion of the Purchase Contract, unless agreed or stipulated otherwise, in the place agreed in the Purchase Contract or if this place is not agreed, at the Supplier's registered office. If the Buyer requests the transport of the Goods, the Goods will be delivered to the place of delivery of the Goods agreed in the Purchase Contract (and if the place of delivery is not agreed, then to the registered office of the Buyer) only on the condition that the method and price of the transport is agreed between the Buyer and the Supplier; the Goods will be shipped within 5 working days of the conclusion of the Purchase Contract, unless agreed otherwise. In case no agreement is reached in this respect, the Buyer shall be deemed not to require transportation and it shall be proceeded according to the first clause of this paragraph. Unless agreed otherwise, the Buyer shall bear all costs of the transport of the Goods. The period for the final delivery of the Goods depends on the destination and conditions of the selected carrier.
- The Buyer is obliged to accept the delivered Goods at the place of delivery and to confirm their acceptance in writing.
- The Buyer (the Buyer itself, if the Buyer is a natural person, or the statutory body of the Buyer, if the Buyer is a legal person) or the Buyer’s Authorized Employee shall carry out the acceptance of the Goods during the takeover or delivery of the Goods and shall confirm a delivery note or a document of a similar nature (hereinafter together referred to as “delivery note”) to the Supplier (carrier). Any quantity defects and any apparent defects must be claimed by the Buyer or the Buyer's Authorized Employee at the moment of the handover of the Goods, by writing the defects in the delivery note. The Buyer/the Buyer's Authorized Employee and the Supplier/the Supplier's Authorized Employee shall certify these facts by their signatures. The Supplier/the Supplier’s Authorized Employee is entitled to ask the person accepting the Goods, or the person who declares that it is authorized to accept the Goods, to prove that the person is the Buyer/the Buyer’s Authorized Employee. In case it is not proven that the person is the Buyer /the Buyer’s Authorized Employee, the Supplier, the Supplier’s Authorized Employee is not obliged to hand over the Goods to that person or attempt to hand over the Goods to another person. The costs of such a procedure (including the costs of transporting the Goods back to the warehouse or other premises of the Supplier or a third party) shall be borne by the Buyer.
- If the Goods are not properly taken over or delivered for reasons on the part of the Buyer and it is not agreed otherwise in the Purchase Contract, the Buyer is obliged to pay all costs of the Supplier related to the aforementioned breach of the Buyer's obligations, in particular the costs of storage of the Goods by the Supplier or a third party authorised by him, the costs of transporting the Goods to the place of delivery, if the transport has been negotiated and realized or already paid to the carrier, the costs of transporting the Goods to the place of storage of the Goods. In case the Buyer does not collect the Goods within 20 days of the date of the breach of the Buyer's obligation to take over the Goods, the Supplier is entitled to withdraw from the concluded contract or sell the Goods to a third party at the Buyer’s expense without any previous appeal or notice to the Buyer (the Supplier is not obliged to sell the Goods at a public auction or in a public tender, etc.).
- The risk of damage to the Goods passes to the Buyer at the moment of proper delivery of the Goods by the Supplier to the Buyer, i.e. at the moment when the Buyer takes over the Goods from the Supplier or if the Buyer fails to do so in time, at the moment when the Supplier allows the Buyer to handle the Goods and the Buyer breaches the Purchase Contract by not taking over the Goods. In case the transport of Goods is agreed in the Purchase Contract, the risk of damage to the Goods passes to the Buyer at the moment of handing over the Goods by the Supplier to the first carrier.
VII. Defects of the Goods and complaints
- The Goods must be taken over, handled and stored by the Buyer with due professional care. The Supplier is not liable for defects - including defects in quality - of the Goods caused by unprofessional handling and unprofessional storage of the Goods. The Buyer is obliged to check the Goods immediately upon delivery.
- The Buyer's claims connected to the delivery of Goods that show obvious or quantitative defects cease to exist if they are not claimed in the manner set forth in these Business Conditions without undue delay after the delivery of the Goods, or - if the defects are hidden - without undue delay after the Buyer has found the defects or should have found them.
- The Buyer shall claim the defects either in person by writing a complaint protocol with the Supplier, or in writing by registered letter addressed to the Supplier, unless specified otherwise. In the complaint, the Buyer shall specify the exact defect of the Goods.
- The contracting parties have explicitly agreed that the Supplier is not in default if the Goods are sent/prepared for collection to the Buyer within five business days of the expiration of the original period during which the Goods were to be prepared for collection/sent (hereinafter referred to as “Delivery Period”). The Buyer declares and the Supplier acknowledges that if the Delivery Period is exceeded by more than five working days, damage up to EUR 300 may be incurred to the Buyer. Should a damage of more than 300 EUR caused by the late delivery of the Goods be incurred to the Buyer or any third party, the Buyer is obliged to include this in a note in its order, including the maximum amount of damage that may be incurred in case of delay in delivery of the Goods. Otherwise, it is deemed that a damage only up to 300 EUR may be incurred.
VIII. Duration of the contract
- A substantial breach of the Purchase Contract, in case of which the Supplier is entitled to withdraw from the Purchase Contract, means in particular:
- the Buyer is more than 10 days in delay with fulfilling its obligation to pay the purchase price for the delivered Goods,
- the Buyer is more than 10 days in delay with fulfilling its obligation to collect or take over the Goods,
- non-payment of the prepayment - advance- invoice within the specified maturity period,
- initiation of insolvency proceedings against the Buyer,
- learning about the Buyer’s bankruptcy,
- declaration of bankruptcy of the Buyer's property.
- A substantial breach of the Purchase Contract, in case of which the Buyer is entitled to withdraw from the Purchase Contract, means in particular:
- Declaration of bankruptcy of the Supplier's property.
- The withdrawal must be in writing and must be delivered to the other party to the Contract.
IX. Sending commercial message and storing cookies
- By clicking on “Yes, I want to receive news by e-mail” the Buyer agrees to receive information related to the Supplier's goods, services or business activities to the Buyer's e-mail address and further agrees to receive commercial messages from the Supplier to the Buyer's e-mail address. The Buyer is entitled to withdraw this consent at any time. The Supplier is allowed to send information of a technical or administrative nature to all buyers, regardless of their consent.
- The Buyer agrees with the storage of so-called cookies in its computer. In case the purchase in the Online Store can be performed and the Supplier's obligations arising from the Purchase Contract can be fulfilled without the storage of so-called cookies in the Buyer's computer, the Buyer may withdraw the consent under the previous clause at any time.
- Cookies are small text files that are stored in the Buyer's end device or memory of the Buyer’s end devices, and are used for:
- improving and simplifying the movement of the Buyer and other interested parties in the Online Store, optimizing the Online Store for its users,
- providing better services for the Buyer,
- marketing purposes - remarketing - interest advertising created on websites viewed by the Buyer showing the goods previously ordered / viewed goods or similar, related etc. goods, in order to improve care for the current and future customers (including the Buyer) and users of the Supplier's Online Store, matching their individual needs, tracking behaviour patterns and purchases in Google Analytics using USER ID through advertising features:
- remarketing in Google Analytics,
- Google Content Network view reports,
- demographic and interest reports in Google Analytics,
- integrated services that require Google Analytics to collect data using advertising cookies and anonymous identifiers.
- The Buyer may receive messages to the e-mail address specified in its user account or specified in the order by the Buyer.
XI. Other provisions
- If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The legal relations of the Supplier and the Buyer not explicitly regulated by these Business Conditions shall be governed by the relevant provisions of the Act. No. 89/2012 Coll., Civil Code.
- If there are events that cannot be anticipated at the time of signing the Contract, or the Purchase Contract, and that cause an obstacle to the performance of the Supplier’s contractual obligations (a circumstance excluding liability), the Supplier is entitled to postpone the deadline for fulfilling its obligations to the Buyer for the period during which this obstacle lasted and for the time necessary to restore the Supplier's normal activities. A circumstance that excludes liability is thus considered an obstacle which is independent of the will of the obligated party and prevents the party from fulfilling its obligations if it cannot reasonably be assumed that the obligated party would avert or overcome the obstacle and that the obligated party would have anticipated such an obstacle at the time of its occurrence.
- The obligated party is obliged to notify the other party of the occurrence, expected duration and subsequent cessation of the obstacle, without undue delay after having learnt of the given fact, or after it is allowed to learn of the fact by objective circumstances.
- Circumstances excluding liability under the previous paragraph and the explicit agreement of the contracting parties, include, but are not limited to, war, uprising, riots, strikes, earthquakes, fires, floods, inundations, and other natural disasters, as well as weather or other natural influences that are unusual in the Supplier's country, stopping or limiting production in the production plant of the manufacturer supplying the Goods in question to the Supplier in the case of Goods that the Supplier did not have in stock at the time of conclusion of the Purchase Contract, furthermore epidemics and quarantine, traffic calamities, traffic restrictions or traffic accidents affecting the means of transport carrying the Goods in question, criminal activity related to the Goods in question (e.g. robbery, theft, damage to the thing, etc.), etc.
- If any provision of the Business Conditions is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall be used instead of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- The Purchase Contract, including the Business Conditions, is archived by the Supplier in an electronic form and is not accessible to third parties.
- These BC are valid from 1st of April 2019
- Only the current Business Conditions are displayed here. References to older documents are given in the foot of the Business Conditions.