General terms and conditions
General terms and conditions of company Valmont trading Ltd., valid from 1.8.2012
General terms and conditions (hereinafter referred to as "GTC") shall provide binding rules for all business contacts between the supplier and the customer, as they are specified below. TERMS and CONDITIONS are binding for all business relations between the supplier and the customer.
- Valmont trading s.r.o., registered at the register of the Court, held by the municipal court in Prague, section C, insert 103862, Czech Republic
- Address: Nuselská 142/9, 140 00 Prague 4. IN: 27199207, TAX ID: CZ27199207
- Bank connection CZK: 1879110001/5500, Raiffeisenbank
- Bank connection EUR: IBAN:CZ3620100000002900640299, SWIFT: FIOBCZPPXXX
- Contacts: +420 241740240, email: firstname.lastname@example.org
- (Hereinafter referred to as the “seller“)
A business entity with a valid IN, who makes an order in the context of its business activities. We do not deal directly with consumers.
(Hereinafter referred to as the “buyer“)
Before the first purchase, a buyer must be registered in the online system. Registration is possible by filling out the form, or through a commercial agent who performs the registration for the buyer. Subsequently, the buyer will be contacted by our sales representative and they will be given access to input their order into the system.
The buyer orders goods by entering the desired quantity and inserting it into the shopping cart. It is necessary to complete the order for the goods in the basket. The basket of the buyer can inform you about the possible unavailability of certain goods, and displays the final overview of the ordered goods to the buyer. After confirmation, you must choose the place of delivery and the method of payment.
The Confirmation and the order sent by the buyer shall be considered as a proposal for the conclusion of the purchase contract and at the same time agreeing to these terms and conditions.
After sending the order, the buyer will be sent an email with an overview of the order. If the buyer does not get an email it is necessary to check if the order was really sent, or if the contact email was listed correctly by the buyer. Due to the workload and shipping, which takes place several times a day, after 30 minutes it is not possible to change an order or otherwise. After 3 p.m. it is no longer possible to change or add to any order. The order online system is set up so that it will not send in the ordered item if it is not currently in stock. However, if a situation arises that an order is placed and the item is not available, the order of these goods are reduced.
For Orders payied throught Bank Accounts, needs to be made a Payment in 4 days after from Invoice Issue, after 4 days can be all Orders cancelled, up to debate between Business Partners.
Price and payment
The prices of items are published on the website http://obchod.topcigars.cz on the buyer profile when they login, they represent the current valid prices, which take precedence over the prices referred to in printed form. All prices are listed without VAT or SALES TAX depending on the view, and do not include shipping and packing. The fee for the disposal of electronic waste and the royalty in the price are already both included. The seller reserves the right to change the prices without prior notice.
Sending your order and delivery
The buyer shall choose the type of delivery when placing an order. The seller sends the goods through a mail-order service, or the buyer can pick it up at the address of the workshop: Valmont trading s.r.o., Becovska 7, Prague 10 - Uhřiněves, zip code 104 00 on working days from 9am to 5 pm. The buyer should arrange in advance to pick up an order if it’s placed on the same day. In the case of the buyer's personal pickup the order will be checked out for a period of 3 days.
The goods ordered on workdays until 3 p.m., is sent to the buyer the same working day. Items ordered after 3:00 pm are dispatched the next working day. The mail carrier guarantees delivery within one working day from the date of dispatch of the consignment. The seller cannot guarantee the shipping agent for the advertised delivery. The shipment is sent exclusively to the address entered by the buyer in his order. If the buyer does not accept the ordered goods and the goods are then returned to the seller, the seller is entitled to require the costs incurred for the transport of goods in full price.
Receipt of goods
The buyer is obliged to inspect the goods for its takeover. If the buyer finds mechanical damage to the packaging, the buyer is obliged to check the completeness and the status of orders. In case of damage or if the order is incomplete, the buyer should make record and photograph the package found, and leave this with the carrier. The buyer will then replace the missing or damaged parts of the order. By signing the delivery slip and takeover from the carrier, along with payment for the purchase price, the buyer confirms that the order arrived complete and undamaged. Later complaints in regards to transport will not be considered and will be rejected.
Terms of payment
The price of goods are listed without VAT or in the case of a change to display options including VAT. The buyer negotiates the price directly with its commercial agent of the seller on the basis of their turnover and subscriptions. The seller reserves the right to changes prices. The term of payment is chosen by the buyer and either prepay-reimbursement of the total amount, including the cost of transport, is sent to the seller's bank account, or upon receipt of the goods - cash on delivery or in person, takeover in cash.
The prices for transportation are as follow:
- to Czech Republic:
- free - orders over CZK 2000,- (excl. VAT)
- CZK 75,- (excl. VAT) - orders below CZK 2000,- (excl. VAT)
- fee will be automaticly added to the total amount of the invoice.
- to European Union:
- free for orders over € 400,- (excl. VAT)
- €15 (excl. VAT) for orders below €399.99(excl. VAT)
In individual cases it is possible to pay direct debit (non-cash transfer) of the goods with the due date indicated on the invoice. Direct debit to maturity is possible after the signature of the framework contract. Sale on maturity is not possible for the buyer purchasing goods for a period shorter than 3 calendar months. The total amount of the outstanding invoices must not exceed the average turnover during the period of 14 days after the previous 3 calendar months. "Revenue" means the sum of the amount of the purchase price, which the buyer paid the seller for the goods collected, for a specified period of time. The seller reserves the right to reduce or completely remove the possibility of buying on the maturity of the buyer in its sole discretion and without prior notice.
- The account number of the seller for the direct debit EUR:
- Fio banka, a.s., V Celnici 1028/10, Praha 1
- IBAN:CZ3620100000002900640299, SWIFT: FIOBCZPPXXX
Legal liability for defects
The legal liability of the seller for defects of goods is governed by the Czech Republic law § 422 et seq.. Act No. 513/1991 Coll., the commercial code, as amended. The seller warrants that the goods will be at the time of transmission simply defects. The risk of damages to goods or his loss or theft shall pass to the purchaser at the time when the goods get into the realm of the buyer’s posession.
Guarantee for the quality of the goods
Responsibility for the quality of the goods shall be governed by the relevant legislativ of the Czech Republic law, in particular § 429 et seq.. law c. 513/1991 Coll., the commercial code, as amended. Exceptions to the guarantees on the quality of the goods are listed in these GTC, the instructions for the device printed on the product page in the e-shop and directly on the invoice. Warranty does not cover wear and tear of the goods for a reasonable time and manner of its use, intentional damage to the goods by the buyer or a third party, such as mechanical, thermal, chemical and electrical (lightning, overvoltage, undervoltage, static and electricity, polarity reversal), damage caused by natural disaster, failure caused by improper storage, damage to the equipment as a result of its incorrect installation, damage caused by failure to observe the installation instructions, damage caused by inappropriate working conditions and environment for which it is not intended, and on the goods that has the seal of guarantee broken.
The warranty period is provided to the buyer on electronic cigarette and it in length: 14 days from the commissioning of the atomizers and glowing part of electronic cigarettes.
12 months from the date of sale of the battery capacity
The warranty does not apply in the case of:
- 1. defects caused by normal wear and tear
- 2. Improper use of the product
- 3. Incorrect and inappropriate storage
- 4. The complaint also does not apply to defects resulting from improper installation of the goods.
- 5. the guarantee is also not granted for consumable materials including cartridges and e-liquid
The buyer is required to comply with the following to process claims:
The buyer shall properly pack and describe the claimed goods at the address of our workshop: Valmont trading s.r.o., Becovska 7, 104 00 Prague 10 -Uhříněves. The buyer needs to specify to the seller the information and also attach a list of goods, including a description of the faults of individual items, or send it to the email email@example.com. In the case you do not enclose this list and description of the defects the complaint cannot be processed by the seller. For goods delivered for repair under the warranty, an assessment of the defect is carried out and its correction at the earliest possible date will follow according to the current workload of the Service Department, for a maximum of 30 days.
For goods which are claimed during the warranty period and reported if a glitch is detected by the supplier, the complaint will be considered void and sent back to the buyer in the nearest order respectively, according to the agreement. In the case of justified complaints the goods will be replaced and sent in the following order, according to the agreement. If the item is not available, the buyer will be offered a refund in another available goods or return of money.
Withdrawal from the contract
The buyer has the right to withdraw from the contract (order) at any time before sending it. In the event that the buyer withdraws from the contract after the dispatch of the goods, prior to payment, the seller has the right to require the costs associated with sending the goods. In the case of repeated cancellation of orders by the buyer for goods already shipped, the seller has the right to terminate the cooperation with the buyer. The seller also reserves the right to end the contractual relationship with a buyer that violates the seller's business policy or commercial policy of the manufacturers of goods which the seller adds.
Protection of personal data
All personal data, of the buyer’s entered during registration, where applicable, and in the follow-up correspondence, the seller will keep only for the purpose of facilitating communication with the buyer and for the execution of transactions.
Liability for damage
The seller is not liable for direct, indirect or consequential damages, incurred by the buyer in connection with the purchase, installation, operation, or a disorder of the purchased goods (the cost of installation, removal, repair, loss of anticipated profits, loss of time, transportation and other derived damages).
These business conditions and relations resulting therefrom shall be governed by the Czech republic law , in particular, the provisions of Act No. 513/1991 Coll., the commercial code, as amended.
The seller Valmont trading Ltd. reserves the right to change the terms and conditions. Revised conditions will be published on the website www.topcigars.cz. at least one month before the effect of the new business conditions.