General terms and conditions for B2B operation of ARMYSURPLUS CZ

These general terms and conditions for legal entities (hereinafter referred to as "terms and conditions") apply to contracts concluded through the online shop

AMYSURPLUS.CZ/B2B located at the web address www.armysurplus.cz/b2b (hereinafter referred to as "B2B") between

company:

Petr Borovanský, with registered office at Davídkova 87, 18200 Prague 8
ID: 64926036
DIC: CZ7406020435
registered with the Office of the Municipal District of Prague 8, Trade Licensing Department, registration No.: 310008-49659-00

Delivery address:
ARMYSURPLUS CZ , Davídkova 87, 182 00 Prague 8
Contact phone: +420 602 21 25 26
Contact e-mail: obchod@armysurplus.cz

as the seller

and the entrepreneur or legal entity as the buyer

(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 (hereinafter referred to as the "Contract") via B2B.

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 take precedence 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 also governed by the Complaints Policy, the Privacy Policy and the terms and conditions and instructions set out on B2B, in particular when concluding 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 Ownership of the goods shall be acquired by the buyer upon payment of the full purchase price, but not before the buyer takes possession of the goods.

1.4 By sending the order, the Buyer confirms that he/she has read these Terms and Conditions and that he/she agrees with their content.

2. Order and conclusion of the contract

2.1 A list of the goods including a description of the main characteristics of each item is provided on B2B. The presentation of the goods on B2B is informative and does not constitute a proposal by the Seller to conclude a contract within the meaning of Section 1732(2) of the Civil Code.

In order to conclude a contract, the buyer must send an order and the seller must accept the order.

2.2 The Buyer shall place the order via B2B, or in any other way indicated on B2B or as agreed by the parties. The order must always contain the exact name of the goods ordered (or the numerical designation of the goods), the number of items, the chosen method of payment and delivery and the Buyer's contact details (name and surname or company name, identification number, delivery address, telephone number, e-mail address).

The buyer is obliged to prove that he is a registered business by entering a valid identification number in the order.

2.3 The Seller is not obliged to confirm the received order. An unconfirmed order is not binding on the Seller. The Seller shall be entitled to verify the order in case of doubt as to the authenticity and seriousness of the order. The Seller may reject an unverified order.

2.4 The Contract is concluded at the moment when the Buyer has received the Seller's acceptance of the binding order.

2.5 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.

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.

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 handing over 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 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 is obliged to notify the Seller without undue delay, but no later than within 2 working days of 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.

3.5 The Buyer's failure to accept the goods shall not affect the Seller's right to demand payment of the purchase price in full.

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 methods set out below:
cash on delivery
in cash before delivery of the goods by transfer to the Seller's bank account on the basis of an advance invoice
cashless after delivery of the goods by transfer to the Seller's bank account on the basis of a tax document (invoice) at the due date stated on the invoice
Unless otherwise agreed, the invoice is sent electronically to the Buyer's e-mail.
4.2 In case of payment in cash, the price is payable upon receipt of the goods. For non-cash payment, the price is due within five days of receipt 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.
4.4 In the event of payment delay by the Buyer, the Seller shall also be entitled to suspend further agreed deliveries of the goods until all outstanding debts of the Buyer have been paid.
4.5 Payment for the goods is possible in Czech crowns (CZK) in case of domestic orders and in Euros (EUR) in case of foreign orders.

5. Withdrawal from 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, in cashless form, 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 delay with payment for the purchased 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 delay with the delivery of the goods for more than 4 weeks 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.

6. Rights arising 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 trade secrets

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 due to its nature. The Buyer undertakes in particular:
keep confidential
not to disclose it to any other person without the Seller's consent
not to use it for any purpose other than the performance of the contract
not to use it in any other detrimental way
7.2 The Buyer further agrees not to make copies of any documents provided to it by the Seller without the Seller's consent.

8. Registrace na B2B

8.1 By registering via the registration form on B2B, a user account is created. The Buyer is obliged to keep the access data to the user account confidential. The Seller shall not be liable for any misuse of the user account by a third party.
8.2 The information provided during registration must be true and complete. The Seller may cancel an account that has been created using false or incomplete information without refund. In the event of changes in the Buyer's data, the Seller recommends that the User Account be amended without delay.
8.3 Through the user account, the Buyer can primarily order goods, track orders and manage the user account. Any additional functions of the user account are always listed on B2B.
8.4 The Buyer acknowledges that the Seller has the right to cancel the Buyer's user account without compensation if there is a violation of good morals, applicable law or these Terms and Conditions via the Buyer's account.

9. Copyright protection, liability and B2B use

9.1 The content of the B2B website (texts including terms and conditions, photographs, images, logos, software and other) is protected by the copyright of the seller or the rights of other persons. The Buyer may not modify, copy, reproduce, distribute or use the content for any purpose without the consent of the Seller or the consent of the copyright holder. In particular, free or paid sharing of photographs and texts placed on B2B is prohibited.
The names and designations of products, goods, services, companies and companies may be registered trademarks of their respective owners.
9.2 The Seller shall not be liable for errors resulting from third party interference with the B2B or from its use contrary to its intended purpose. When using the B2B, the Buyer must not use procedures that could interfere with the functioning of the system or place an unreasonable burden on the system.
9.3 If the Buyer commits any illegal or unethical act while using B2B, the Seller shall be entitled to restrict, suspend or terminate the Buyer's access to B2B without any compensation. In this case, the Buyer shall furthermore be obliged to reimburse the Seller in full for the damages proven to have been caused by the Buyer's conduct under this paragraph.

10. Final provisions

10.1 If the B2B relationship or the legal relationship established by the Contract contains an international (foreign) element, then the Parties agree that the relationship shall be governed by Czech law (excluding the application of the UN Convention on Contracts for the International Sale of Goods).
10.2 If any provision of the terms and conditions is invalid or ineffective or inapplicable, 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. Any amendments and additions to the contract shall always be in writing.

These terms and conditions are valid and effective as of 25.7.2022.
This text is written in multiple language versions. In case of differences between the language versions, the Czech version is considered decisive.