Kapatex s.r.o. (hereinafter referred to as the seller)

and an entrepreneur or a sole proprietor (hereinafter referred to as the buyer)

SELLER'S CONTACT DETAILS

Name: Kapatex s.r.o.

Address: Vážská 845/5, 196 00 Prague 9 – Čakovice

Company ID: 65412010

Tax ID: CZ65412010

Entered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 44601

Tel: +420 222 534 054 I Fax: +420 283 934 290

sales@kapatex.com | eshop.kapatex.com

The seller undertakes to respond to written or electronic correspondence from the buyer immediately, no later than within two working days.

Bank details for the Czech Republic in CZK: ČSOB a.s., Olšanská 1a, 199 00 Prague
account number: 108072495 / 0300; IBAN: CZ7803000000000108072495; SWIFT: CEKO CZPP

Bank details for the Slovak Republic in €: ČSOB a.s., Ľuda Zúbka 4, 901 01 Malacky
account number: 4004972374 / 7500; IBAN: SK0875000000004004972374; SWIFT: CEKO SKBX

Bank connection for Europe in €: COMERZBANK AG DRESDEN
account number: 800553000 / 85040000; IBAN: DE24850400000800553000; SWIFT: COBADEFT 850

1. TERMS AND CONDITIONS IN A BRIEF

The basic content of the terms and conditions is the regulation of the relationship between the registered customer and Kapatex as a manufacturer and supplier of terry products.

2. PRICE, PAYMENT TERMS

The purchase price is based on the seller's price list, the agency discounts agreed between the seller and the buyer and is confirmed by the seller's acceptance of the order. The final price is stated on the tax document (invoice). The prices stated for individual items in the e-shop are sales prices excluding applicable VAT.

Payment for goods can be made in the following ways:

• Prepayment – ​​based on a proforma invoice
• Payment by payment of the invoice

In the case of payment by payment of the invoice, the buyer is entitled to raise any questions or comments on the issued invoice or delivery note within 2 business days from the date of delivery of the goods. If he does not do so within the specified period, the invoice will be considered accurate, correct, complete and due for payment purposes. If part of the invoiced amount becomes disputed between the parties, the undisputed parts of the invoice must be duly paid according to the due date stated on the invoice.

The buyer is not entitled to make any unilateral offsets, deductions or deferrals against invoiced payments without agreement with the seller, regardless of any ongoing disputes or claims.

In the event of the Buyer's delay in paying the purchase price, the contracting parties agree on a contractual penalty of 0.05% of the amount owed for each commenced day of delay. Acceptance of unsolicited performance by the Buyer does not mean acceptance of the offer.

3. ORDERING GOODS

The Buyer orders goods from the Seller's offer, which is listed on these websites. All orders will be placed by the Buyer via an order form. The Buyer is obliged to respect the packaging of the goods specified by the Seller in the goods catalogue.

The Seller's offer is non-binding and the Buyer cannot demand delivery of the entire volume of the ordered goods if they are not in the Seller's stock. The Seller will notify the Buyer of this fact before confirming the order.

Each individual order sent is confirmed in writing by a responsible employee of the Seller. Until its confirmation, the order is considered not to have been bindingly accepted.

4. DELIVERY OF GOODS

The seller will deliver the goods to the buyer in full according to the order confirmed by the seller. The method of delivery depends on the agreement between the buyer and the seller. The buyer is advised to check the delivery as soon as possible upon receipt.

• The size of the cardboard box is usually 40 x 40 x 60cm
• The average weight of a full box is 11-14 kg
• The place of dispatch is the registered office of Kapatex in Prague 9

Methods of delivery in the Czech Republic

• Personal collection at Vážská 845/5, Prague 9 – Čakovice
• GLS
• Contractual transport for larger volumes of orders
• Another carrier based on the buyer's instructions (TopTrans, PPL, ČP...)

Methods of delivery abroad

• GLS
• UPS
• O.T.E.C.
• Contractual transport for larger volumes of orders

The price of transport is not included in the price of the product.

5. ORDER CANCELLATION AND WITHDRAWAL FROM THE CONTRACT

The buyer may withdraw from the contract at any time before the order is delivered by not accepting the order or collecting it within 14 days from the date of the call for acceptance/delivery. If the buyer has already paid for the goods, he is entitled to a refund of the amount excluding transport costs.

6. RIGHTS AND OBLIGATIONS FOR DEFECTIVE PERFORMANCE

Quality upon acceptance

If the goods received have defects (e.g. they do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure, weight, or quality, or do not correspond to other statutory, contractual or pre-contractual parameters), these are defects in the goods for which the seller is liable.

The buyer may, at his request, claim from the seller a free removal of the defect or a reasonable discount on the price, no later than one year after taking over the goods; unless this is disproportionate to the nature of the defect (in particular, if the defect cannot be removed without 

(i.e., a reasonable delay), a request for the delivery of a new item without defects or a new part without defects can be made, if the defect only concerns this part.

If repair or replacement of the goods is not possible, the buyer may demand a refund of the purchase price in full based on withdrawal from the contract. Within six months of receipt of the goods, it is assumed that the defect in the goods already existed when the goods were received. The seller is not obliged to satisfy the buyer's claim if he proves that the buyer knew about the defect in the goods before receipt or caused it himself.

Statutory rights from defects

The seller is liable for defects that arise after receipt of the goods within the 12-month warranty period or within the period of use specified in the advertisement, on the packaging of the goods or in the attached instructions.

Within this period, the buyer may file a complaint and, at his/her option, demand, for a defect that constitutes a material breach of contract (regardless of whether the defect is removable or non-removable):

• removal of the defect by delivering a new item without a defect or by delivering the missing item;
• free removal of the defect by repair;
• a reasonable discount on the purchase price;
• or refund of the purchase price based on withdrawal from the contract.

A material breach of contract is one that the party breaching the contract knew or should have known at the time of conclusion of the contract, and that the other party would not have concluded the contract if it had foreseen this breach. For a defect that constitutes a non-material breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed if possible or to have a reasonable discount on the purchase price.

If a removable defect occurs repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a larger number of defects (at least three defects simultaneously), the buyer may exercise the right to a discount on the purchase price, exchange the goods or withdraw from the contract.
The seller is not liable for defects resulting from normal wear and tear or failure to comply with the instructions for use.

7. COMPLAINT HANDLING

The buyer is obliged to file a complaint with the seller or the person designated for repair without undue delay from the discovery of the defect. In written or electronic communication, he should state his contact details, a description of the defect and a request for the method of handling the complaint.

The buyer is obliged to inform the seller of the right he chose when reporting the defect, or without undue delay after reporting the defect. A change of choice without the seller's consent is possible only if the buyer requested the repair of a defect that turns out to be irremovable. If the buyer does not exercise his right to a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.

The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The period for settling a complaint runs from the handover/delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging during transport to prevent damage, and should be clean and complete.

The seller is obliged to decide on the complaint without delay, or at the latest within three working days, on whether an expert assessment is necessary for the decision. The information on the need for an expert assessment will be communicated to the buyer within this period. The seller will settle the complaint, including the removal of the defect, without undue delay, at the latest within 14 days of its application, unless a longer period is agreed with the buyer in writing. After this period, the buyer has the same rights as if it were a material breach of contract.

If the seller refuses to remove the defect of the item, the buyer may request a reasonable discount on the price or withdraw from the contract. The warranty period is extended by the period from the filing of the complaint until its settlement or until the time when the buyer was obliged to collect the item.

If the goods or part of them are replaced, the seller's liability applies as if it were a purchase of new goods or part of them. If it is not possible to monitor the status of the complaint settlement online, the seller undertakes to inform the buyer about the settlement of the complaint by e-mail or SMS at his request. In the case of a justified complaint, the buyer is entitled to compensation for the costs reasonably incurred.

8. PROTECTION OF PERSONAL DATA

The Buyer agrees that the provided personal data will be processed and stored by the Seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the purpose of fulfilling the subject of the contract. The Buyer has the right to be informed of what data the Seller records about him, and is entitled to change this data, or to express his disagreement with its processing in writing.

Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Seller undertakes not to provide the Buyer's personal data to third parties other than the contractual carrier for the purpose of delivering the goods. The Seller is entitled to send the Buyer its own commercial communications only until the Buyer informs the Seller that he wants to terminate the sending. The Buyer may send this communication to the electronic address obtained in connection with the performance of the contract, without incurring any costs.

9. DISPUTE RESOLUTION

Mutual disputes between the seller and the buyer shall be resolved by the competent court.

10. OTHER

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