General conditions of sale of company Canna b2b, s.r.o.
ID 020 23 024, registered seat Cafourkova 525/11, 181 00 Praha 8 – Bohnice, filed at Municipal Court in Prague under File No. C 214621 („Company“)
valid from 1st January 2016
I. Introductory provisions
- The General conditions of sale („GCOS“) govern a part of content of agreements on providing of marketing services acorrding to Art. 1751 Par. 1 Act No. 89/2012 Col., Civil Code, as amended („Civil Code“). These agreements are made between the Company and its Clients.
- For purposes of these GCOS a Client is a natural person who is either an entrepreneur in accordance with Art. 420 and following articles of Civil Code or an artificial person in accordance with Art. 20 and 21 of Civil Code („Clients“ or separately „Client“).
- All deliveries of goods and services based on accepted orders and accepted mandate, sale and other contracts („Contracts“) are subject to these GCOS which are part and parcel of Contracts. Differing arrangements in written Contract precede the GCOS.
- An offer of Contract made by the Client („Order“) is considered obligatory when made by phone, fax, e-mail or in written form. The Contract is made if the Company accepts the Order. Acceptance of the Order is usually made by the same way as the Order.
- The Client is entitled to cancel the Contract based on accepted Order by paying a withdrawal fee. The withdrawal fee is 100% of remuneration as stated in the Order
III. Services and Goods
- In accordance with valid Contracts the Company provides marketing services. In specific cases a shipment of goods can also be a part of such services („Services and Goods“).
- Services and Goods are provided in usual quality and in accordance with specification agreed between the Company and the Client.
- The Client is obliged to provide appropriate cooperation for delivery of Services and Goods. In case of not providing such cooperation the Clients take risk of damage to the goods. If the Client is in default with taking over of the goods, the Company is authorized to charge the Client a monthly storage fee. Such fee will be charged from first day of second month in which the default is in commence and is 2% of the value of objective goods excluding VAT.
- The ownership of goods that is part of the Services and Goods is transfered to the Client the instant payment of 100% value of the contractual remuneration is made according to Par. IV. and V. Of the GCOS.
- The Company provides Clients with Services and Goods for a contractual remuneration („Price“) negotiated between the Company and the Client.
- The Company has the right to being paid the Price and also to compensation of all costs connected with providing Services and Goods even if such compensation of costs is not explicitly part of the Contract.
- The specified Price doesn’t include VAT unless stated otherwise. In such case the VAT is added to the Price in accordance with generally binding regulation.
V. Price Payment
- Terms of payment specified in the Contract are conclusive for Price payment. The Company bank account is intended to publication in accordance with Art. 96 Act No. 235/2004 Col., VAT, as amended („Bank Account“). The Client is obliged to pay the Price by cashless transfer to Bank Account before being provided of the Services and Goods and before the date stated on the tax document (invoice) issued by the Company unless stated otherwise.
- Company invoices are usually issued with a 14 day maturity, unless agreed otherwise.
- The Price is payed the instant the respective figure is credited with the Bank Account under the correct payment identification number. If the payment identification number is missing or incorrect, the Company is authorized to consider the payment unexecuted.
- If the Client is in default with payment of the Price, costs according to Art. IV par. 2 of GCOS, or its accessories, the Company is not obliged to provide any further Services and Goods to the Client, even if the default of such payment is only partial. In case of a default longer than 30 days the Company is authorized to withdraw from all Contracts with the Client, unless those Contracts ceased to exists by fulfillment.
- In case of the Price not being paid orderly and in time, the Company is authorized to enforce the right to contractual penalty against the Client. The contractual penalty is 0,05% of amount due for each day of such default. Enforcing and payment of the contractual penalty doesn’t release the Company’s claims for compensation of incurred losses.
VI. Claims and Loss Responsibility
- When taking delivery of Services and Goods the Client is obliged to make an effort to properly find out all eventual faults and in 3 days at the latest claim for such faults in a written form. In case of not claiming such faults properly and in time the Company cannot regard such claims. For purpose of this paragraph of GCOS the e-mail is also considered a written form.
- Provision of Par. 1 Art. VI. of GCOS shall be considered as the abnegation of a right of the Client from unsatisfactory performance, above objective agreement.
- The Company does not provide any quality warranty to the Client, unless specified otherwise.
- The Company is only liable to actual damage caused in casual relationship with providing of Services and Goods in case such damage was properly applied for and proven. The Company is also liable to actual damage only up to Services and Goods Price and is not liable for other damage caused in connection with providing of Services and Goods.
VII. Confidentiality and Business Secret
- All information about business relationship between the Company and the Client are subject to business secret, unless specified otherwise by generally binding regulation.
- The Company and the Client are obliged to keep the other contracting party business secret they have an access to in an appropriate confidentiality. In case of violation of this provision the Client is liable for all loss caused to the Company by such violation.
VIII. Concluding Provisions
- Legal relationships between the Company and the Client are subject to the law of Czech r epublic, particularly the Civil Code.
- Local cognizance for any law suit solutions between the Company and the Client is the court assigned by ordinary court of law of the Company.