Agreement on business terms
The contractual parties conclude this agreement on business terms (later on the “ABT“ or “agreement“) on the basis of reciprocal free and consistent will to cooperate in the field of business relationships. The contractual parties undertake to solve possible problems arisen within the business relationships in accordance with this agreement aiming to reach the out-of-court solution.
II. Provision of Personal Data
The purchaser agrees with the provision of information to the contractor in accordance with the Act. n. 101/2000 Sb. on Personal Data Protection to enable the realisation of business relationships between the purchaser and the contractor. Simultaneously, the purchaser takes into account that the contractor records, stores and processes needed personal data of the purchaser.
III. Subject Matter of Agreement
The subject matter of this agreement is the regulation of business relationships, which arise between the contractual parties when delivering goods, which is a part of the assortment of the contractor while the contractor is in the position of the seller and the purchaser is in the position of the purchasing party. All the business relationships arisen between the contractual parties on the basis of the individual partial orders of the purchaser are regulated by this agreement. The orders of the purchaser are judged in accordance with this agreement. The deviation from this agreement is possible only on the basis of reciprocal agreement of the contractual parties and must be in a written form. The non-existence of the written form of the agreement does not influence its bindingness in case that it does not contradict this agreement.
IV. Basic Obligation of Contractor and Purchaser
1. The contractor undertakes to deliver the ordered goods in the agreed assortment, amount, terms, prices and quality to the purchaser under the below agreed conditions.
2. The purchaser undertakes to take over the ordered goods and pay the agreed purchase price duely and timely.
V. Contract of Sale
1. The contract of sale is concluded between the contractual parties on the basis of a receipt of a written order of the purchaser.
2. The order must always contain specification of the goods and its amount in pieces.
3. If the order does not contain the place of fulfilment, the goods are delivered to the seat of the purchaser. The purchaser is entitled to state the seat of the contractor as the place of fulfilment on the order.
4. If the order does not contain the goods transport terms, possibly the specification of the carrier, the contractor secures the transport of the goods to the agreed place of fulfilment on the expenses of the purchaser. The expenses on the transport are accounted together with the accounting of the delivered goods.
5. The goods are delivered without unnecessary delay after the delivery of the order depending on the amount and specification of the ordered goods.
VI. Purchase Price
The basic purchase prices for individual types of goods are determined by the valid price list of the contractor. The contractor is entitled to change the price list of the goods one-sidedly. The change of the price list of the goods must be announced to the purchaser by the contractor always minimally 30 days before the day when the changes of the price list come into effect.
VII. Fulfilment of Obligation to Deliver the Goods, Transfer of the Ownership Right, Check of the Goods
1. The delivery of the goods is realised in the warehouse of the contractor when the goods are taken over by the authorised person of the purchaser or at the place of fulfilment, which the purchaser announced to the contractor in a written form in the order. The delay to deliver the goods on the part of the contractor does not influence the obligation of the purchaser to take over the goods, if the purchaser did not condition the taking over of the goods by its timely delivery within the written order; this does not influence the possible liability of the contractor for damage arisen by the late delivery of the goods.
2. The fulfilment of the obligation of the contractor to deliver the goods occurs:
a) By handing over of the goods to the purchaser or to the first carrier to transport in the seat of the contractor, if not agreed otherwise;
b) By handing over of the goods to the purchaser or to the authorised third person at the place of delivery, if the transport of the goods is secured by the contractor;
c) By unauthorised refusal of the goods on the part of the purchaser.
3. The purchaser is obliged to secure the cooperation necessary to due taking over of the goods (for example taking over of the goods by an authorised person, confirmation/signature of the delivery note or waybill). The purchaser is obliged, if it is technically necessary, to provide equipment and persons needed to take over the goods on its own expenses.
4. The purchaser pays all the expenses of the transport of the goods, if not agreed in a written form in advance otherwise.
5. The hazard of damage to the goods transfers to the purchaser at the moment of fulfilment of the obligation of the contractor to deliver the goods according to the Section 2 of this Article.
6. The contractor is entitled to claim the payment of a storing fee from the purchaser by the goods which the purchaser does not take over within the originally agreed term by one of the ways stated in the Section 2 of this Article i.e. the purchaser does not take over the goods in the warehouse of the contractor possibly the purchaser refuses the taking over from the carrier in an unauthorised way. The amount of the storing fee is 0.065% from the purchase price of the goods including VAT for each day of delay to take over the goods.
7. The purchaser is obliged to carry out a check of the goods with a professional care and properly immediately after its taking over. If the package is damaged at the moment of taking over of the goods from the carrier, the purchaser is obliged to carry out the check of the goods immediately and to notify this fact in a written form on the waybill presented by the carrier, in the contrary case the rights arising from the defective fulfilment cease to exist. The purchaser has also the right to refuse the taking over of the goods in such a case; the purchaser has such a right also in the case of defective package of the goods handed over in the seat of the contractor. The purchaser is obliged to carry out the check of the goods at the latest within 2 days from the day of its taking over in other cases.
VIII. Quality Guarantee and Rights from Defective Fulfilment
1. The contractor provides the purchaser with a quality guarantee of the goods for the period of 24 months, possibly longer guarantee stated in the guarantee certificate, which is delivered together with the goods. The guarantee period commences to run from the day of due taking over of the goods by the purchaser. The contractor undertakes that the goods are capable of the usage for its common purpose according to its specification for the period of the guarantee period and keeps the features necessary for usage according to its specification.
2. When enforcing the claim from guarantee, the duely filled in guarantee certificate confirmed by the contractor must be presented by the purchaser or other authorised person. If the guarantee certificate was not issued by the contractor, the purchaser or other authorised person is obliged to present a document confirming the sale of the goods.
3. The rights from defective fulfilment are based on the defect, which the goods had at the moment of transfer of the hazard of damage to the purchaser even if it shows later. The obligations of the contractor from the quality guarantee according to the Section 1 of this Article are not influenced. The purchaser is obliged to claim the rights from defective fulfilment by the contractor together with a specification of the defect in the following way:
a) by the apparent defects immediately, at the latest within the period determined for the carrying out of the check of the goods in accordance with the Article VII. Section 7,
b) by the other defects which were not possible to be established by a professional check carried out in accordance with the Article VII. Section 7 (especially hidden defects of the functionality of the goods), without unnecessary delay after the establishment of the defect, at the latest within 12 months from the day of delivery of the goods to the purchaser.
4. The purchaser is obliged to claim the defects in writing, to send the defective goods to the contractor and to present a copy of the delivery note, possibly of the waybill, if the delivery of the goods was carried out by a carrier.
5. If the purchaser does not claim the right from defective fulfilment by the contractor timely (Section 3 of this Article) and duely (Section 4 of this Article), the right from defective fulfilment ceases to exist.
6. The purchaser is entitled to the delivery of the missing goods, if the amount of the delivered goods does not correspond with the amount of the goods stated in the delivery note. The purchaser is entitled to the elimination of the defect in the form of a repair of the goods, if the goods have a defect, which is reparable; if the contractor finds out later that the defect cannot be eliminated, the purchaser is entitled to the delivery of new goods. The purchaser is entitled to the delivery of new goods, if the goods have a defect, which cannot be eliminated. The defect of the goods must be eliminated, possibly the new goods must be delivered to the purchaser at the latest within 15 days from the day of delivery of the defective goods to the contractor. If the contractor does not eliminate the defect in time or does not deliver new goods to the purchaser in time, the purchaser is entitled to a reasonable discount of the purchase price. This formulation is not equal. A relatively exact procedure in the individual cases of defective fulfilment follows from the suggested wording. In case of a reparable defect, the procedure is the one that it is necessary to primarily try to eliminate the defect and if this is not possible, it is necessary to deliver the substitutive goods.
IX. Payment Terms
1. The contractor is entitled to send a tax receipt (invoice) to the purchaser after the fulfilment of the obligation to deliver the goods according to the Art. VII based on the delivery note or other special document.
2. The purchaser is obliged to pay the tax receipt within the period of its due period, which is 30 days from the date of its issue, if not by the contractual parties agreed otherwise. The payment of the tax receipt means the crediting of the invoiced amount at full amount to the account of the contractor. The purchaser takes into account that if he delays with the payment of its obligations towards the contractor, the contractor is entitled to commence with cash payments at the moment of delivery of the goods, possibly with advance invoices issued for 100% of the purchase price of the goods.
3. The purchaser undertakes to pay a contractual late payment interest at the amount of 0.05% from the due amount for each day of delay with the payment of the purchase price for the goods and provided services including VAT to the contractor. The right of the contractor to damages is not influenced by the payment of the contractual late payment interest. If the purchaser delays with the payment of some invoice, the contractor is entitled to suspend the delivery of the goods ordered on the basis of other orders of the purchaser.
4. The tax receipt is issued in accordance with the Act n. 235/2004 Sb. on the Value Added Tax, the specification of the bank and the account number where the payment should be sent and the variable symbol is stated on it for the purposes of identification on the part of the contractor.
5. The contractor is entitled to deliver the tax receipt to the purchaser via a data box or by fax or by electronic mail (e-mail) or to hand it over in person, possibly by other previously agreed way.
6. In case that the purchaser claims the rights from defective fulfilment by the contractor in accordance with the Article VIII. Section 3 and 4, the purchaser is entitled to suspend the payment of a part of the purchase price of the goods accounted by the contractor, which corresponds with the value of the defective goods; the purchaser is obliged to pay the rest of the purchase price of the goods. The purchaser is obliged to inform the contractor of such a fact in a written form.
7. The purchaser is obliged to check the correctness of the accounted purchase price immediately after the delivery of the invoice by the contractor. If the purchaser does not claim objections against the amount and due period of the accounted purchase price in a written form at the latest within 15 days from the day of delivery of the invoice, it follows that the purchase price was accounted by the contractor correctly and the purchaser is obliged to pay this purchase price to the contractor.
X. Other Provisions
1. The contractor provides the purchaser, if he asks for it, together with the goods with necessary promotion, technical and informational material on the features and usage of the goods concerning the support of sale and needed informing of the consumers.
2. If the delivered goods require a manual, this manual is delivered together with the goods.
3. The contractual parties agreed that the package of the goods is nonreturnable, unless agreed otherwise.
Information on the processing of personal data
The goal of SANELA is a transparent approach to the processing of personal data, and therefore it gives all users of the e-shop the following information:
The company SANELA spol. s r.o., with its registered office at Dukelských Hrdinů 989, 563 01 Lanškroun, Company ID: 48155462, entered in the Commercial Register kept at the Regional Court in Hradec Králové under File No. C 11075 (hereinafter referred to as “SANELA”) runs an e-shop on the website "www.sanela.cz" (hereinafter also referred to as “e-shop”). SANELA, as a personal data controller, takes effort to protect the privacy of all visitors to the e-shop websites and guarantees the confidentiality of all personal data it processes.
For the purposes of this information, the following terms mean:
Registered user - a person who has an account on the e-shop, regardless of whether they have made a purchase with SANELA or not.
Non-registered user - a person who has visited the e-shop website, regardless of whether they have made a purchase with SANELA or not.
Customer - a registered or non-registered user who has made a purchase with SANELA.
The processing of all obtained personal data of registered and non-registered users and customers (hereinafter also collectively referred to as "users") takes place in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as amended, effective from 25 May 2018 and related regulations.
Processing of personal data of users
SANELA processes personal data of users only if it is necessary to fulfil the purposes for which the personal data were provided. Personal data is used only with the knowledge of users, or with their consent, if required in the case.
Performance of the purchase contract
SANELA processes personal data necessary for the performance of the purchase contract, including related rights, e.g. under the warranty, for the period of the rights and obligations under the purchase contract to which the customer is a party. For this reason, SANELA requires the following personal data of the customer in the order form on the e-shop, which it further processes: name, surname, residential address, delivery address, e-mail address, telephone number, identification number, tax identification number, or other data provided by the customer for this reason. Personal data of customers can be passed on to contractual partners of SANELA, especially to transport companies in connection with the processing of the order and delivery of purchased goods.
Fulfillment of legal obligations of SANELA
SANELA processes personal data of customers also because the processing is necessary for the fulfilment of legal obligations that apply to SANELA. For this reason, SANELA processes the name and surname or company name, address of residence or registered office, delivery address, identification number, tax identification number, date of birth, or birth number, e-mail address, telephone number, bank details, or other data provided by the contractual partner for this reason. Personal data will be processed for the time strictly necessary to fulfil legal obligations according to the requirements of relevant legal regulations (e.g. in the field of accounting and taxes). Personal data may be transferred to third parties, e.g. state authorities, if SANELA regulations impose an obligation to transfer personal data.
Legitimate interests of SANELA
In connection with the attempt to maintain the comfort of customers, SANELA also processes personal data in order to maintain the registration of existing users, and thus to streamline the operation of the e-shop, which is a legitimate interest of SANELA. Based on this reason, the personal data of registered users are processed for the purpose of maintaining their user account, for a period of 5 years from the execution of the last order with customers, or for a period of 5 years from the registration with other registered users. The following personal data of registered users are processed for this purpose: name, surname, residential address, delivery address, e-mail address, telephone number, identification number, tax identification number, or other data provided by the customer for this reason. For this reason, personal data of customers can also be used for direct electronic marketing purposes or for sending occasional advertising, for example in the form of a leaflet or displaying an advertisement within their user account in the e-shop, for a period of 5 years from the last order with customers, or for a period of 5 years from the registration with other registered users.
Personal data of customers: name and surname or company name, address of residence or registered office, e-mail address, telephone number, identification number, tax identification number, date of birth, scope and subject of performance, or other data provided by the customer for this reason, will also be processed for the purpose of enforcing any claims and other legitimate interests of the administrator. The customer's personal data will be processed in this way for a period of 5 years from the date of concluding the contract with the customer.
By checking the I AGREE TO THE PROCESSING OF PERSONAL DATA box within the order or registration process, the user grants SANELA consent to the processing of their personal data to the extent and under the conditions set out below:
Based on the consent granted in the order or registration form, SANELA processes the following personal data of users: name, surname, residential address, delivery address, e-mail address, telephone number, identification number, tax identification number. Granting consent pursuant to this paragraph is not a condition for registration or conclusion of a purchase contract.
By filling in their e-mail address in the section DO NOT MISS THE NEWS AND EVENTS, the user grants SANELA consent to the processing of their personal data to the extent and under the conditions set out below:
Based on the consent granted in this way, SANELA processes the user's e-mail address.
SANELA processes some user cookies due to the fact that processing is necessary for the purposes of SANELA's legitimate interests. Based on this reason, SANELA processes cookies, which are necessary for the functioning of the e-shop website. This involves the processing of cookies for the login of a registered user, for the storage of goods in the basket and other areas related to ensuring a comfortable user environment of the e-shop.
SANELA may also process other (extended) cookies, e.g. for the purposes of advertising and marketing targeting, analytical and statistical purposes, e.g. with the use of the following services:
Google Analytics (number of visitors monitoring), see more about the processing of personal data through this service at: „Jak Google využívá data, když používáte weby nebo aplikace našich partnerů“,
("How Google uses data when you use our partners' websites or apps") can be found at: www.google.com/intl/en/policies/privacy/partners/
Google Adwords (PPC advertising), see more about the processing of personal data through this service at: https://policies.google.com/privacy?hl=cs&gl=cz
Seznam Sklik (PPC advertising), see more about the processing of personal data through this service at: https://blog.seznam.cz/2018/03/gdpr-a-reklama-na-seznamu-co-to-znamena-pro-nase-klienty/,
Facebook Ads (PPC advertising), see more about the processing of personal data through this service at: https://www.facebook.com/business/help/225009134722945, https://www.facebook.com/business/gdpr,
Forms of cookies
- Technical - first pages, short-term. They ensure the basic technical functioning of the website, i.e. logging in, using services, etc.
- Google Tag Manager - the service is used only for easy management of tracking codes, it does not use any cookies and does not record any data.
Conditions on the processing of data through Google Tag Manager service.
- Google Analytics - First pages, long term. They are used to generate anonymous statistics about web usage. The processor of the data obtained on the basis of cookies is Google LLC. Conditions on the processing of data through Google Analytics service.
- Google Ads – first pages, long term, remarketing and converse. Conditions on the processing of data through AdWords service.
- Facebook Ads – third parties, long term, converse. Conditions on the processing of data through Facebook Ads service.
- Skilk – third parties, long term, remarketing and converse. Our website uses retargeting technologies from the Sklik service operated by Seznam.cz, a.s. This allows us to show our ads in the advertising network of Seznam.cz, a.s. to visitors who have already shown interest in our products. Conditions on the processing of data through Skilk service.
- Facebook Pixel – first pages, long term, remarketing and converse. Conditions on the processing of data through Facebook service.
- Facebook Connect – first pages, long term, technical. Conditions on the processing of data through Facebook service.
Internet Explorer: windows.microsoft.com
Google Chrome: support.google.com
Mozilla Firefox: support.mozilla.org
Find more information on this issue here: http://www.youronlinechoices.com/CZ/
Rights of users
The user is entitled to request access to their personal data, i.e. they have the right to request the issuance of a confirmation that their personal data is being processed and the right to request information on the course of processing. The user can request a correction if the personal data is inaccurate or their completion if the personal data is incomplete. The user may raise an objection, request deletion and restriction of the processing of personal data only for reasons stipulated by law or regulation.
Any questions regarding the processing of personal data will be answered to the customer by an authorised person for the protection of personal data by phone at 465350770 or by e-mail at the e-mail address firstname.lastname@example.org. In case of doubts about compliance with the obligations of the administrator, the customer can contact the Commissioner for Personal Data Protection appointed by the administrator at the phone number 465350770 or e-mail address email@example.com and possibly file a complaint with the Office for Personal Data Protection (Office for Personal Data Protection). data, Pplk. Sochora 27, 170 00 Praha 7, www.uoou.cz).