Business Terms and Conditions of the kreiner-IMPEX.cz E-Shop

1. Basic Data

• Shop operator: Kreiner IMPEX spol. s r. o.
• Registered office: Tylova 49, 301 24 Plzeň
• Company ID No.: 40526160
• Tax ID No.: CZ40526160
• Incorporated with: The Registration Court in Plzeň, Section C, File 1253
• Supplier of goods: Kreiner IMPEX spol. s r. o. (hereafter the "Company")
• Bank connection: CZK: Komerční Banka Praha1 IBAN: CZ54 0100 0001 2313 0639 0237 SWIFT: KOMBCZPPXXX
• Bankverbindung Euro: Volksbank Nordoberpfalz eG, 92637 Weiden IBAN: DE 98 7539 0000 0000 1683 19, SWIFT: GENODEF1WEV
• Contacts:

E-Mail: eshop@kreiner.cz Telephone: +420 377 830 111 (Mon - Fri from 7:00 am to 3:00 pm) Responsible representative: Kateřina Ungrová, main e-shop administrator

Contacts to collection points where you may easily pick up your consignment

2. General Provisions

These Business Terms and Conditions apply to purchases at the kreiner-impex.cz e-shop. These General Terms and Conditions determine and specify the rights and obligations of the seller (operator, supplier) and the buyer (customer, consumer). All of the contractual relationships have been entered into in accordance with the laws of the Czech Republic. Where the party is a consumer, the relationship shall be governed by the Civil Code (Act No. 40/1964 Coll.) and the Act on Consumer Protection (Act No. 634/1992 Coll.), as amended. Where the party is an entrepreneur, the terms and conditions shall be governed by Act No. 513/1991 Coll., the Commercial Code, as amended.

3. Definition of Terms

Consumer Contract – A purchase contract, contract for work and/or another contract, where the parties are the consumer on the one side and the supplier on the other side.
Supplier/Seller – A person, who upon entering into and performing a contract acts within their business or other entrepreneurial activities. Such person is an entrepreneur who, either directly or indirectly through other entrepreneurs, delivers products or provides services to buyers.
Buyer – A person who is the e-shop customer. With a view to the valid legal regulation, there is a difference between a buyer who is a consumer and one who is not.
Buyer/Consumer - A person, who does not act within their business or other entrepreneurial activities when entering into and performing a contract. Such person is a natural or legal person, who buys products or uses services for purposes other than undertaking business with such products or services.
Buyer/Non-Consumer – A person who is an entrepreneur and purchases products or uses services for the purpose of undertaking business with such products or services. Such buyer conforms to the Business Terms and Conditions in the extent in which they apply to them and to the Commercial Code.
Purchase Contract – An order submitted by the buyer represents a purchase contract. From that moment, mutual rights and obligations are established between the buyer and the seller.

Upon the conclusion of the purchase contract, the buyer is bound by and expresses their consent with the Business Terms and Conditions. The buyer is notified of this fact in a satisfactory manner prior to submitting the order, failing which the buyer cannot be demanded to be bound by these Business Terms and Conditions.

By concluding the purchase contract, the buyer affirms that they are familiar with these Business Terms and Conditions and that they agree with them. The buyer is notified of these Business Terms and Conditions in a satisfactory manner before submitting an order and thus has the opportunity to become familiar with them. These Business Terms and Conditions form an integral part of the contract. The contract is entered into in the Czech language and if no circumstances on the part of the seller or the buyer prevent the same, the contract may also be entered into in another language that the parties understand. The concluded contract is archived by the seller for the purpose of its successful fulfilment and is not accessible to third parties. Information about individual technical steps leading to the conclusion of the contract is apparent from the process of ordering in our e-shop, and the buyer has the opportunity to check and correct the order before submitting it. These Business Terms and Conditions are displayed on the e-shop website and thereby allow their archiving and reproduction by the buyer.

4. Payment Terms and Payment Methods

The seller reserves the right to change prices. Valid prices are confirmed to the buyer by the seller upon the confirmation of the order. If the valid price is identical to or lower than the price specified in the written, fax or e-mail order, it will not be reconfirmed to the buyer and the goods will be delivered to the buyer at the price applicable at the moment of receiving the order. If the price is higher than the price specified in the order, the seller shall immediately notify the buyer of this fact, whereas the buyer may either accept the new price or reject the delivery (for more details see the below provision on the seller's right to withdraw from the contract).

The seller shall have the right to request an advance payment of up to 100% of the value of the order prior to delivery. Where such advance payment is required, an "Advance Invoice - Tax Document" will be issued. After the delivery of the goods, the amount of such advance payment will be deducted on the relevant tax document.

Payment Methods:

• Payment in cash upon the personal collection of goods at the branch;
• Cash on delivery at the location specified by the buyer in the order;
• Bank transfer to the account kept by 
  • CZK: Komerční Banka Praha1 IBAN: CZ54 0100 0001 2313 0639 0237 SWIFT: KOMBCZPPXXX
  • Euro: Volksbank Nordoberpfalz eG, 92637 Weiden IBAN: DE 98 7539 0000 0000 1683 19, SWIFT: GENODEF1WEV
• Optional payment methods are being prepared and we will inform you about them.

5. Delivery Terms

Deliveries of the subject of performance are dispatched as soon as possible, usually within 2 to 10 working days, depending on product availability and the seller's operational capacity. The delivery term may be longer in exceptional cases. The collection point is specified in the buyer's order. The delivery is deemed effected when the ordered subject of performance is delivered to the indicated address. The delivery does not include the installation of the subject of performance. Delivery to the destination address is secured by the seller. As a rule, the consignment with the goods contains a delivery note, instructions for use in Czech, and a warranty certificate (where provided with the product by the manufacturer). Along with the goods, you will receive a tax document (invoice).

The shipment of goods is secured by companies belonging to the Geis Group. Parcels weighing up to 50 kg will be shipped via Geis Parcel, while larger consignments will be transported by means of the collection service of Geis CZ. Standard delivery times for pallet (piecemeal) and parcel consignments are the following working day after pick-up. The collection service of Geis CZ s.r.o. is suitable for piecemeal and pallet consignments weighing between 50 to 2,500 kg. In case your consignment exceeds these parameters, Geis CZ will arrange partial load transport or full load transport. Geis CZ will always choose the optimum method for the shipment of your goods. All consignments entering the system are labelled with a barcode, which is scanned during every operation along the route from the sender to the recipient. Information on consignments is available online at any time. You may track your consignment during shipment on the web.

We deliver goods throughout the Czech Republic. Subject to personal agreement, we are also able to ship our goods abroad. We inform the customer of the transport costs. The cost of the shipment of goods differs according to the selected shipment method. The shipment options include:

Geis Parcel – Shipment of Parcels Weighing up to 15 kg
This option is widely used for the shipment of small to medium sized consignments (i.e. shower systems, bathroom accessories, mixers, except for sanitary equipment...). The driver will call you in advance to inform you of the time of arrival. It is not possible to pay for cash-on-delivery consignments with payment cards. The shipping charge including packaging and insurance is CZK 90.

Geis Parcel – Shipment of Parcels Weighing from 15 kg to 30 kg
This option is widely used for the shipment of large consignments. The driver will call you in advance to inform you of the time of arrival. It is not possible to pay for cash-on-delivery consignments with payment cards. The shipping charge including packaging and insurance is CZK 140.

Consignment Tracking
Track your parcel during shipment on the web. Information on consignments is available online at any time.

We will gladly inform you of the shipping costs of consignments weighing over 50 kg, oversize (bath tub, etc.) and/or international consignments.

Summary of possible ways of goods delivery and their prices for:

Do poznámky k objednávce prosím uvádějte pobočku, na které si přejete objednané zboží vyzvednout.

(doprava, balné, pojištění) Baterie, koup. doplňky, sprchy apod.

(doprava, balné, pojištění) Sanitární keramika apod.

Garance doručení přímo do rukou adresáta již následující pracovní den od podání zásilky.

Extra charge to delivery cost depending on goods weight:

Odesílatel nebo adresát si volí poštu, na které bude balík připraven k vyzvednutí. Garance možnosti vyzvednutí na zvolené poště již následující pracovní den.

Extra charge to delivery cost depending on goods weight:

For deliveries over 12 100 Kč (inc. of VAT) is transport free of charge for this delivery.

Summary of possible payment methods and their prices:

číslo účtu:2081132062/8040

6. Withdrawal from the Contract

Cancellation of an Order by the Buyer – The buyer shall have the right to cancel the order without any sanction at any time prior to the dispatch of goods. Orders may be cancelled either by phone or by sending an e-mail to: info@kreiner.cz

Withdrawal from a Contract Concluded by Means of Remote Communication - In accordance with Section 53(7) of the Civil Code, as amended, the consumer may withdraw from a contract within 14 days from the date of acceptance of the goods. If you decide to withdraw from the contract within this deadline, we kindly ask you to adhere to the below defined conditions, subject to the fulfilment of which the purchase price will be refunded to you:

• Send a letter (to the address: Kreiner IMPEX spol. s r. o., e-shop reklamační oddělení [E-Shop Claims Department], Tovární 736, 330 12  Horní Bříza) or an e-mail (to: eshop@kreiner.cz ) with the following text:

"I wish to unilaterally withdraw from the contract No. (order number) of DD.MM.RRRR and I request the refund of the amount paid for the goods by remittance to the the account (indicate your account number)." Append the date and your signature. Optionally, you may use different wording the character of which expresses your will to withdraw from the contract.

• All consignments should be sent to the following address: Kreiner, spol. s r. o., e-shop reklamační oddělení (E-Shop Claims Department), Tovární 736, 330 12  Horní Bříza
• The goods sent back to our address in connection with the withdrawal from the contract should not exhibit any signs of use or damage, the goods should be complete (including any accessories, warranty certificate, instructions for use, etc.) and accompanied by the original document of purchase. Please do not send the goods as a cash-on-delivery (COD) shipment, we also recommend insuring the goods.
• If all the above conditions for returning the goods are met, we will send you your money for the goods by bank transfer within 10 working days of the physical receipt of the goods, however, no later than 30 days from the delivery of your notice of withdrawal from the contract.
• When the deadline for the withdrawal from the contract is not met, namely by delivering the notice of withdrawal from the contract to the seller by or before the 14th day from the acceptance of the performance, such withdrawal from the contract shall be deemed null and void. When the goods are returned damaged, incomplete or otherwise depreciated in value, the seller may demand compensation from the consumer for the decreased value of the returned goods, whereas the consumer's right to the withdrawal from the contract without any sanction shall not be effected thereby. Ordinary damage to the packaging resulting from the unpacking of the goods shall not be deemed depreciation in the value of the goods. The seller shall be entitled only to the reimbursement of actually incurred costs connected with the return of the goods.
• The notice of withdrawal from the contract shall be effective only if delivered within 14 days from the acceptance of the performance. In the event of the non-fulfilment of any of the above specified conditions, as a result of which the notice of withdrawal from the contract is not demonstrably delivered within the indicated deadline (e.g. the goods are returned without expressing the will to withdraw from the contract), we will not be able to accept the withdrawal from the consumer contract and the goods will be returned back at the sender's expense.

The www.kreiner-impex.cz e-shop offers goods that are largely in stock. In case of ordering non-typical goods and/or goods with special adjustments according to the customer's wishes, such goods cannot be ordered by means of online sale but only at one of the branches of the company.

Cancellation of an Order by the Seller - The seller reserves the right to cancel an order or its part in the following cases: The goods are no longer sold or delivered, or the price of the delivered goods has been changed significantly by the supplier. Should such situation arise, the seller shall immediately contact the buyer in order to agree on further steps. If the buyer has already paid the whole purchase price or its part, the amount will be returned to the buyer's account or address as soon as possible, usually within 10 working days, however, no later than within 30 days from the cancellation of the order by the seller.

7. Liability for Defective Goods (Warranty, Non-Compliance with Purchase Contract)

Prior to first use, the buyer is strongly advised to carefully read the warranty terms and conditions along with the Czech instructions for use and to consistently follow the information contained therein. Otherwise, the buyer expose themselves to the risk of damaging the product by improper use and of being unable to file a warranty claim in connection with any resultant defect. The warranty period shall commence upon the acceptance of the product by the buyer.

When not a consumer, the buyer is strongly recommended to inspect the goods upon their acceptance. In case any damage is detected, a damage report shall be drawn up and the seller shall provide a reasonable discount from the delivery or shall deliver a new product free of any defects. Subsequent claims concerning any mechanical damage to the product shall not be recognized.

The consumer should do the same in their own interest in order to avoid any later problems arising from liability for defects caused during transport (mechanical damage). As regards a conceivable claim, the consumer shall be deemed to have accepted the delivered goods without any reservations. These Business Terms and Conditions advise the consumer of the possibility to raise objections against the delivered goods upon their acceptance and thereby enable the consumer to claim non-compliance with the purchase contract immediately when accepting the goods (see the below provision on non-compliance with purchase contract).

8) Warranty

Consumer goods are subject to a statutory warranty period of 24 months that may be extended to a longer period by a declaration indicated in the warranty certificate. In case of an extended (contractual) warranty, the seller shall specify the conditions and the scope of such extended warranty in the warranty certificate. The warranty does not apply to ordinary wear and tear of the product (or its parts) resulting from normal use. With regard to the wear and tear of the product resulting from its normal use, the shorter service life of the product thus cannot be considered a defect. And the same shall be taken into account in case of any conceivable claim.

Upon the consumer's request, the seller is obliged to provide the buyer with the warranty in written form (warranty certificate). The warranty certificate may be replaced by a document on the purchase of the product provided that it contains the seller's trade name, identification number, and registered office. Where a warranty exceeding the statutory warranty period is granted, the seller shall specify the conditions and the scope of such extended warranty in the form of a declaration in the warranty certificate.

When filing a warranty claim, the consumer is entitled to the following:

• In case of a removable defect, the consumer shall be entitled to the free, proper and timely remedy of the defect, the replacement of defective goods or a defective component provided that the same is not unreasonable considering the nature of the defect, and where such procedure is impossible, the consumer shall be entitled to a reasonable discount from the purchase price or shall have the right to withdraw from the purchase contract;
• In case of a non-removable defect preventing proper use of the goods, the consumer shall be entitled to the replacement of defective goods or shall have the right to withdraw from the purchase contract;
• In case of removable defects appearing in larger numbers or repeatedly and preventing proper use of the goods, the consumer shall be entitled to the replacement of defective goods or shall have the right to withdraw from the purchase contract;
• In case of other non-removable defects where replacement is not demanded by the consumer, the consumer shall be entitled to a reasonable discount from the purchase price or shall have the right to withdraw from the purchase contract.

The warranty period applicable to all persons using the product for the purpose of undertaking business with such product is not stipulated by the Civil Code and it is determined by the concrete importer or manufacturer.

9. Non-Compliance with the Purchase Contract

If the product is not in compliance with the purchase contract upon acceptance by the buyer, the buyer shall be entitled to have the product restored free of charge and without any undue delay by the seller to a condition corresponding to the purchase contract, namely either by replacing or repairing the product; at the buyer's discretion, and where such procedure is impossible, the buyer may claim a reasonable discount from the product price or withdraw from the contract. This shall not apply in cases when the buyer, prior to accepting the product, was aware of or actually caused the non-compliance with the purchase contract. Non-compliance with the purchase contract occurring within six months following the acceptance of the product shall be regarded as non-compliance existing at the moment of acceptance of the product, unless it contradicts the nature of the product or unless proven to the contrary. If goods are non-compliant with the contract, the consumer shall be entitled to remedy, in particular:

• To the free restoration of the consumer goods to a condition corresponding to the contract by means of repair;
• To a reasonable reduction of the purchase price;
• To the delivery of replacement goods;
• To withdraw from the contract.

The consumer may first demand the seller to repair the consumer goods or to deliver replacement goods free of any charge. Where the option chosen by the consumer cannot be satisfied, the consumer may demand a reasonable discount or withdraw from the contract.

10. Claims (Exercising Liability for Defects)

The seller shall decide upon a claim immediately or, in complicated situations, within 3 working days. This deadline does not include a sufficient period of time based on the type of product or service needed for the professional evaluation of the defect. A claim, including the defect rectification, shall be processed without undue delay; however, no later than within 30 calendar days from the date of filing of the claim, unless the seller and the consumer agree on a longer deadline. After this deadline, the consumer has the same rights as though the defect was not rectifiable. Rights arising from liability for defects shall be exercised against the seller from whom the product was bought. However, where a different entrepreneur is designated in the warranty certificate as the party to carry out the repair and this entrepreneur is located at the seller's place or business, or in a place nearer to the buyer, the buyer may exercise the right of repair with such entrepreneur. If it is not possible to secure the repair in this manner, it shall be arranged by Kreiner, spol. s r.o., as the seller.

The list of service centres may be found in the warranty certificate or in a separate document appended thereto and/or you may obtain it from us at the telephone number: 377 830 111. Should you have any questions regarding your claim, you may contact us at the above telephone number or send an e-mail to: eshop@kreiner.cz. In case of a justified claim, the customer is entitled to compensation of postage fees in the necessary amount (to the compensation of necessary expenses incurred by the customer in connection with the claim). In case of an apparently unjustified claim, the consumer is not entitled to the compensation of the costs associated with the processing of the claim and the seller is not entitled to the compensation of the incurred costs (unless the claim filed by the consumer is, for example, a repeated and apparently unjustified claim, from which it is possible to deduce the abuse of rights on the part of the consumer).

The seller shall provide a written confirmation to the consumer specifying the date of filing of the claim, the subject of the claim and the method of settlement of the claim as requested by the consumer. Furthermore, the seller shall provide a confirmation to the consumer indicating the date and the method of settlement of the claim, including a confirmation of the performed repair and its duration. When a claim is rejected, the seller shall provide a written justification to the consumer indicating the reason for the rejection of the same. This obligation also applies to other persons designated to carry out the repair.

Valid as of 12. February 2021