1. General provisions
By making a binding order, the Buyer confirms that it accepts the Terms and Conditions for the delivery of goods announced by the Seller. Relations between the Buyer and Seller are governed by these Terms and Conditions binding for both Parties. The Terms and Conditions further define and specify the rights and obligations of the Seller – KORNEX ABC s.r.o. with its registered office at Brněnská 3978, Hodonín, postcode: 695 01, company ID: 09015388, registered in the Register of Companies administered by the Regional Court in Brno, Section and Insert C 116698/KSBR.
2. Subject of the Contract
The subject of the Contract is solely the goods specified in the Purchase Order the description, function, technical data and parameters of which are stated directly in the Contract or specified in the manufacturer’s technical data specified in the package leaflet – description (operating instructions). The dimensions, weight, performance, capacity and other data listed on the website nasadmerousku.cz, in catalogues, brochures and other printed materials are based on the manufacturer’s data, and the manufacturer always reserves the right to make technical changes to the product. All information is provided according to the currently available data from suppliers or other contractors. Although we always try to verify the information from multiple sources and carry out their checks, its inaccuracy cannot be completely excluded and in such cases the Seller will comply with its statutory obligations as soon as it becomes aware of them. Before ordering the goods, the Buyer has the right to ask questions by e-mail to verify the provided information. Pictures of products can be only illustrative (e.g. difference in color design or content of set of products – in such cases the product label is decisive, where the color or content of the set of products are described in detail).
The KORNEX ABC s.r.o. company and its establishment – the nasadmerousku.cz online store, hereinafter referred to as the “Seller”, undertakes to deliver to its customers only goods in perfect condition and in accordance with the specifications or characteristics customary for the type of goods complying with the standards, regulations and directives in force on the territory of the Czech Republic and at the same time properly equipped with Czech operating instructions, warranty certificates and lists of post-warranty service centers, if it is usual for the particular type of goods.
3. Place of performance
The place of performance is the warehouse or store of the Seller, where the Seller hands over the goods to the carrier – the transport company for transport to the Customer, or it is the place of personal collection.
4. Ordering of goods and conclusion of a contract, order cancellation, non-acceptance of dispatched shipment
a) The condition for fulfilling validity of an electronic order is to fill in all the required data and particulars stated in the order form. The order is also a draft of a purchase contract, where the purchase contract itself arises after confirmation the order by the Seller on the day of its delivery to the Buyer. In individual, especially more costly cases, the Seller reserves the right to condition its performance by payment of an advance by the Buyer within the time limit provided for the payment of such advance. When concluding a purchase contract using electronic means, the order confirmation must contain all the data prescribed by law (see the provisions of Sect. 53, par. 3 and Sect. 53a of the Civil Code).
b) The Seller is always entitled, depending on the nature of the order – quantity of goods, price, shipping costs, distances and the like, to require the Buyer to authorize the order and verify the data contained therein in an appropriate manner, such as in writing or by telephone. The Seller is entitled to disregard an order the authorization of which by the required manner is refused by the Buyer. The Seller also reserves the right to cancel an order in case of a typing error in price.
c) Possible cancellation of a order can be made by e-mail or by phone (see the Contacts section).
d) Failure to accept the shipment – Every confirmed order is binding for the Customer in accordance with our Terms and Conditions (OZ §544-545, Act No. 40/1964 Coll.). If the order sent by COD is not collected by the Customer, the costs incurred in sending the goods and the handling fee (contractual penalty) in the amount of CZK 700 will be required in any case. By placing your order you agree to our Terms and Conditions and a contractual penalty in the amount above. Please note that any outstanding claims will be assigned to Deredes s.r.o. company (checkout.cz) for recovery including all related costs.
5. Price and payment
Prices shown on the website nasadmerousku.cz are inclusive of VAT and are valid as of the date of ordering the goods. The Seller reserves the right to change the stated prices in case of a change in the exchange rate, significant inflation or significant change in the delivery conditions of manufacturers and other suppliers of goods. Such changes will continuously be reflected in the pricelist updates. The purchase price will be considered paid only after crediting the entire purchase price for a separate part of the delivery to the Seller’s account or by paying the entire amount in cash at the Seller’s shop or to a transport company employee. An invoice issued on the basis of a purchase agreement between the Seller and the Buyer also serves as a tax document and delivery note. In principle, the Buyer may take the goods over only after they have been paid in full, unless otherwise agreed. The cost of transport to the place designated by the Buyer is added to the price of goods. In the event that the Buyer makes a prepayment and the Seller is unable to ensure the delivery of the selected goods, the Seller shall immediately return the payment to the Buyer in an agreed manner. The deadline depends on the way of reimbursement (wire transfer, postal transfer). Special prices are valid until stocks last and/or next offer update. The overview of possible payment methods (including VAT):
a) Cash in the store – CZK 0.00
b) Wire transfer – CZK 0.00
c) Credit card – CZK 0.00
6. Delivery period
The delivery period starts on the day of conclusion of the purchase contract (delivery of the confirmed purchase order to the Buyer). If the goods are in stock, the Seller will ship them – hand over to the carrier the next working day after the order confirmation, delivery time is up to five working days according to the transport conditions of the carrier. If the ordered goods are not in stock or cannot be delivered to the carrier within five working days from the order confirmation, the Seller shall notify the Buyer and at the same time inform the Buyer of the preliminary delivery date (delivery time) or offer a different product comparable to the original one which the Seller is able to deliver within five days. In this case, however, the Seller must seek the express consent of the Buyer to change the subject of the contract.
By taking over the goods, the risk of damage to the goods is transferred to the Buyer as well as the title to it.
7. Transport conditions and postage
Delivery options and prices (including VAT):
a) Shipments sent by the Czech Post CZK 50.00
b) Shipments sent by DPD courier service CZK 50.00
c) Personal collection of goods – CZK 0.00
The Buyer is obliged to duly take over the goods from the carrier, check the integrity of packaging, number of packages and in case of any defects notify the carrier immediately. In case of damage to the original tape with the KORNEX ABC s.r.o. stmp on goods or other damage to the package indicating unauthorized entry into the shipment and even in the cases mentioned above, it is recommended that the Buyer not take over the shipment in its own interest, or write a complaint about the shipment damage directly with the carrier! By signing the delivery note, the Buyer confirms that the shipment met all the conditions and requisites listed above and any later complaint about damage to the package will be considered by the Seller based on a signed delivery note in which the Buyer confirms the integrity of the package, KORNEX ABC s.r.o. stamped tape and the right number of packages. The invoice, which also serves as a tax document, is enclosed in the marked package.
Shipping for goods delivered to an address in the Slovak Republic is charged as follows:
Shipment of regular package size: EUR 10.00.
8. Warranty and service
a) The Seller provides a warranty for the goods sold according to generally binding legal regulations for the period specified in the warranty certificate. Unless stated otherwise in the on-line catalogue on the nasadmerousku.cz website, the warranty period for products of all brands is 24 months. The warranty period starts on the day of receipt of the goods from the Seller in person or from the carrier by confirmation of the delivery note by the Buyer.
b) The warranty covers production defects of the products or other defects that were not caused by improper installation or other improper commissioning, improper or rough handling, use of the product contrary to its purpose or operating instructions, mechanical damage or wear, natural disasters such as strikes of lightning or other atmospheric discharges, fire or water, or other non-standard phenomena such as over-voltage in a power or telephone network. The Seller reserves the right not to recognize a complaint if the manufacturer or its authorized professional service proves that the Buyer has tampered with the product after removing the manufacturer’s seal or that the goods have been mechanically damaged.
c) The place of complaint is the Seller’s point of sale – KORNEX ABC s.r.o., Brněnská 3978, Hodonín 69501, opening hours: Mon-Fri 9.00 am -4.00 pm (personal visit for the complaint must be arranged in advance, in your own interest). It is necessary to write a record of the complaint on the exercise of the right from liability for defects of the goods where the Buyer specifies the preferred way of the complaint settlement (see Section 622 of the Civil Code). However, the Buyer may file a complaint directly at the nearest authorized service center of the brand, whose address can be found on our website, for faster processing.
d) Transport to the place of claim in case of claim directly in the authorized service center is paid by the Buyer even in case of justified claim
e) When making a claim, it is always necessary to prove conclusion of the purchase contract, preferably by submitting the proof of purchase – invoice, warranty certificate and describe the defect of the product in detail. If the defect does not occur permanently, it is necessary to clearly state the conditions under which it occurs. The claimed goods must be complete, i.e. including all manuals, other possible accessories and the like, if possible, packed in the original packaging. Should the warranty certificate is not presented or if the Seller has doubts that the data have not been tampered with, the Seller cannot refuse the claim; the warranty period will be based on its records (confirmed delivery note).
9. Returning the goods
The Buyer has the right to withdraw from a distance contract within 14 days of receipt of the goods pursuant to Section 53, paragraph 7 of the Civil Code, with the exception of the cases expressly stated in paragraph 8 of the same provision of the Civil Code.
If the Buyer is no longer able to return the goods in the original condition or their value has already been reduced (partial consumption or wear of the goods), the Buyer is obliged to pay the missing value under the provisions of Section 458 (1) of the Civil Code. In practice, this is done by offsetting the Seller’s purchase price, which is therefore paid to the Buyer in a reduced amount.
Before sending the goods to our address, it is necessary to send (by e-mail or possibly the attached letter) the formal withdrawal from the contract stating the order number. Withdrawal from the contract must be delivered to the Seller no later than the last day of the statutory 14-day period from receipt of the purchased item.
This provision applies only to the goods shipped and does not apply to the goods purchased in person at our retail stores. If the Buyer chooses to do so, the undamaged goods, without any signs of use or wear, in the original undamaged package shall be returned to the Seller at the same time as the withdrawal or without undue delay after sending it. The Seller is only entitled to reimbursement of the actual costs incurred in returning the goods if such costs actually incurred and the Seller will be able to prove them.
Please also state any reason (it is not required by law, nor is it conditional for the reimbursement) – but you will help us to improve our services. Thank you.
Upon receipt of the returned goods, the money for the goods, except for postage (shipping), will be sent to the Buyer’s address or by bank transfer to the Buyer’s account no later than 10 business days after receiving the signed credit note sent to the Buyer’s address immediately after its receipt and inspection of the goods. It is not possible to return the goods as COD and all such consignments are immediately rejected and returned to the sender.
The consumer cannot withdraw from the contract of sale pursuant to Section 53 (8) of the Civil Code in the following cases:
- Provision of services if their performance has been started with the consumer’s consent before the expiry of the period of 14 days from receipt of the performance.
- Supply of goods or services the price of which depends on fluctuations in the financial market, irrespective of the supplier’s will.
- Supply of goods which are personalized to the consumer or for the consumer, as well as perishable, worn or obsolete goods.
- Supply of audio and video recordings and computer software if the consumer has broken their original packaging.
- Supply of newspapers, periodicals and magazines.
- Related to games or lotteries.
10. Protection of personal data – GDPR
Some data provided when using this server, products and services of KORNEX ABC s.r.o. with its registered office at Brněnská 3978, Hodonín, 69501, ID No.: 09015388, registered in the Register of Companies administered by the Regional Court in Brno in the Section and Insert no. C 116698 / KSBR (hereinafter referred to as “KORNEX ABC s.r.o.”), may have the nature of personal data within the meaning of Act No. 101/2000 Coll. on the Protection of Personal Data, as amended (hereinafter referred to as the “Act”). KORNEX ABC s.r.o. company fully complies with the Act and does everything possible to protect such personal data.
Use of registration information:
- Ordering goods or services requires some important data in terms of further communication with the customer and subsequent delivery of ordered goods or services.
- Registration requires entering some important data for further communication with the customer.
- In addition to information intentionally communicated as part of the registration or ordering goods or services KORNEX ABC s.r.o. does not process or obtain any other information about its customers, such as visits at the website, using the application, updating the application, etc.
- All data provided by the user during registration or ordering of goods or services is stored on a secure server.
- The information provided is intended only for KORNEX ABC s.r.o. responsible staff and is not provided to third parties.
- KORNEX ABC s.r.o. reserves the right to use customer contact information to send information relevant to the full use of products and services. Each registered user has the right to disable this information from KORNEX ABC s.r.o. at any time by replying to any of the messages sent.
- All data obtained from users (customers) is used solely for the purposes of KORNEX ABC s.r.o.
- KORNEX ABC s.r.o. does not sell, rent or otherwise transfer this data to third parties.
- KORNEX ABC s.r.o. will do its utmost to protect user data from misuse and will not disclose it to third parties. This obligation does not apply to data that may be required by the Police of the Czech Republic or other state authorities in accordance with applicable legislation.
Each user (customer) of the server, products and services of KORNEX ABC s.r.o. who provided their personal data under the Act has the right to ask KORNEX ABC s.r.o. in writing for information about what personal data about the user is processed by KORNEX ABC s.r.o.
11. Final Provisions
These Terms and Conditions apply to the extent and wording that is stated on the Seller’s website on the day of sending the electronic order.
By sending the electronic order, the Buyer confirms to the Seller that the Buyer accepts the price for the ordered goods, including any shipping and transport costs and all business terms and conditions in the wording valid at the time of placing and sending the order.
The order binds the Buyer for the period specified for delivery of goods.
Note: KORNEX ABC s.r.o. is not engaged in selling medical supplies!
12. Claims for damaged shipments
When receiving the shipment, check that the package is intact and that the shipment is not showing any signs of external damage. If the consignee detects obvious defects (e.g. damaged packaging), the consignee may refuse the consignment. In the case of takeover of such a consignment, the crew of the vehicle is obliged to state in the consignment note that the consignment was taken over with damaged packaging. Do not check the contents of the shipment and do not require the presence of a vehicle crew at the time of acceptance. If the consignee finds a defect resulting from damage during transport, the consignee is obliged to notify this fact without delay to the sender (sufficiently by e-mail) and especially to the carrier, at the latest within three calendar days from the day the consignment was delivered and request a written record of damage. Otherwise, there is a risk that the complaint will not be recognized for this reason, which will be proven to the Buyer in particular by a signed delivery note, the signature of which confirms the impeccability of the delivery.
In case of damage to the shipment, contact the carrier and our company. Upon telephone agreement, the carrier will send its regional representative to examine the consignment and to write down the damage record. For these reasons, the consignee must not handle the consignment in any way and is obliged to retain the packaging of the consignment in which the consignment was delivered.