Sales Terms and Conditions

1. Introductory provisions

1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) are issued by CONTEG, spol. s r.o., with its registered office at Prague 4, Štětkova 1638/18, Postal Code 140 00, Company ID No. 25701843, phone +420 261 219 182, email info@conteg.cz. These GTC govern supplier-customer relationships in association with the sale of goods and services between CONTEG, spol. s r.o. (hereinafter referred to as the “Seller”) and its customers (hereinafter referred to as the “Buyer”), whether directly or through the Seller’s online shop.

1.2 These GTC are applicable to business relations between the Buyer and the Seller, i.e., to each and every purchase contract or contract for work entered into between the Seller and the Buyer (hereinafter also referred to as a “Contract” or “Contracts”), as of the date of the publication hereof, whereby these GTC replace the previous version of the General Terms and Conditions. Contracts entered into under a previous version of the General Terms and Conditions are governed by the respective version thereof.

1.3 In the event that additional or contradictory provisions are expressly defined in the Contract, such provisions shall prevail over the respective conflicting provisions of the GTC.

1.4 General Terms and Conditions or other similar documents of the Buyer, in particular the Buyer’s Purchase Conditions, shall not be part of the Contract, even if the Seller accepts payment from the Buyer and makes delivery of goods.

1.5 The Buyer is obliged to submit to the Seller certified documents on its business authorization and its legal personality (extract from the Commercial Register, copy of the trade license, VAT certificate, and ID card number for natural persons) and to keep such data up to date as appropriate.

1.6 The Buyer is responsible for provision of updated information should the relevant details change, in particular the contact persons authorized to order and collect goods. In the event that the Seller has not been notified of a change and goods are collected by a person who has lost his/her authorization, the Buyer bears all risks, i.e. the Buyer is obliged to pay the value of the goods collected, which shall be deemed as acquired and purchased by the Buyer.

1.7 The GTC include, in particular, the Privacy Policy https://www.conteg.com/gdpr, License Agreement (for supplies that include a sublicense to software) – Appendix no.1.Warranty Terms and Conditionshttps://www.conteg.com/warranty and other relevant documents referred to herein.

2. Industrial and intellectual property rights protection

2.1 The Buyer shall not have any rights to use the registered trademarks, trade names, company logos and patents of the Seller or other companies whose products may appear in the Seller’s business offer, unless otherwise provided hereinbelow or in a separate contract.

2.2 The Buyer shall not have any rights under the Copyright Act to the Software Products and is not entitled to interfere with them, copy them, or otherwise transform or distribute them to third parties.2.3 The Buyer may use the Seller’s logo (brand), texts or images of the Seller’s products after acquiring the Goods in the promotion of the Goods and Services supplied, resale thereof, as well as in the presentation of its business, under the following conditions:

• the logo protection zone will be respected,
• the logo or product images will not be distorted,
• the color scheme of the original design will be preserved,
• the logo or product images will not be displayed in a context that may harm the Seller,
• the logo or image of the products will be intact and clean,
• any presentation of the Seller’s products will indicate the source from which the Buyer has drawn.

Depictions of the Seller’s products (photographs, layouts) may be used for the promotion of the Buyer provided that it is obvious from the resulting image what products and brands are involved and that they are the Seller’s products. In the event that the brand is not identifiable in the depiction of the products, the Buyer is obliged to indicate the brand directly on the product or to visibly place the brand information next to such depiction.

2.4 The provisions of Art. 2.3 shall also apply wherever the Buyer may display and offer the goods in a form other than a pictorial presentation.

2.5 The Buyer acknowledges that the Seller is entitled to prohibit the use of its logo and product images, effective as of the date of delivery of a written prohibition notice (by post or e-mail). In the event that the Buyer does not refrain from such activity, the Buyer undertakes to pay the Seller a contractual penalty of CZK 5,000 for each day of unauthorized use of the Seller’s logo, payable within 10 days from the date of the invoice of the contractual penalty. Payment of the contractual penalty shall not extinguish the Seller’s right to compensation for damages in full amount. The Buyer understands that the Seller’s logo is protected under the relevant provisions of the Copyright Act.

2.6 In the event that the Seller provides the Buyer with CDs/DVDs containing the necessary photographic documentation of the Seller’s products (the Seller’s product meaning all goods traded or promoted by the Seller), the Buyer is not entitled to provide such materials to third parties for any use without the Seller’s prior written consent. The Buyer is not entitled to use the provided logos, texts, photos of the Seller’s products and/or information and image documentation downloaded from the Seller’s website for its further activities in the event that its activity on behalf of the Seller has been terminated, i.e. at a time when it is not a seller of the Seller’s products.

3. Ordering and contract execution 

Traditional ordering method

3.1 A written or e-mail order, or a telephone order, shall be considered as a traditional ordering method.

3.2 If the Buyer orders goods by telephone, the Seller shall be entitled to require a subsequent written order or written acceptance of an “Order Confirmation”. This can also be done by e-mail.

3.3 The order must contain the following:

• the name and registered office of the Buyer (or the name and place of business for natural persons) or the name and address of a natural person who is not an entrepreneur,
• company registration number and tax identification number of the entrepreneur,
• e-mail address and phone number
• product code which uniquely identifies the subject of the order (numerical designation of the product or products by type as listed in the Seller’s price list), and additional specifications,
• specification of services required, if any,
• the quantity required, the method of transport, and the exact delivery destination,
• name and signature of the Buyer or its authorized representative.

3.4 The Contract shall be considered as executed by the acceptance of the Buyer’s order by the Seller in writing (delivered by post or e-mail), which the Seller shall send to the Buyer without undue delay, but no later than two working days from the date of receipt of the order. The acceptance of the order shall also include these GTC. Should the Seller fail to accept the Buyer’s order within this period, the Contract has not been executed, and the Buyer may send the Seller a new order.

3.5 The Contract shall also be considered to have been executed at the moment of signing thereof by both Parties.

3.6 A final, complete and binding description of the goods and services to be supplied by the Seller shall be set out/confirmed by the Seller in the Contract and its Annexes, including relevant additional clauses.

3.7 The Buyer understands that the order they have placed is binding, in particular as regards identification of the goods, the number of units ordered, the price per unit, the method of transport, and the order code.

3.8 The Buyer will receive information via e-mail about the registration of the request after the Seller has accepted the order.

3.9 In the event that the buyer orders goods worth less than 3,000 CZK without VAT in one order, a handling fee of 75 CZK will be added to the price of the goods.

3.10 The Seller reserves the right to cancel a confirmed order or part thereof at any time, in particular in the following situations: the goods are no longer produced or delivered or are unavailable, or if the price has changed significantly and the buyer does not accept the price change. In the event that such situation occurs, the Seller shall immediately contact the Buyer to agree on further steps. If the Buyer has already paid part or all of the purchase price, the corresponding amount will be transferred back to their account as soon as possible, but no later than within 10 business days.

3.11 The Buyer agrees to the issuance and delivery of business documents (including tax documents) in an electronic form to the e-mail address specified in the Buyer’s order.

3.12 By submitting an order (executing a contract), the Buyer confirms that they have read and agree with these GTC.

3.13 By entering into a contract, the Seller undertakes to hand over the purchased products to the Buyer and to enable the Buyer to acquire the ownership right to the product, and the Buyer undertakes to take over the product and pay the Seller the specified price; if the order includes a service, the seller undertakes to provide such service and the buyer undertakes to pay the agreed fee for it.

3.14. Product presentation as available at https://www.conteg.com is of an informative and illustrative nature and the Seller shall not be obliged to enter into a purchase contract for the respective products. The provisions of Section 1732 par. 2 of the Civil Code shall not apply.

3.15 The Buyer agrees to the use of means of communication at a distance to execute the Contract. The costs incurred by the Buyer in association with the use of means of communication as a distance to execute the contract shall be borne by the Buyer.

1. Electronic ordering method

31 An electronic ordering method shall be considered to be the use of an electronic order form in the Seller’s online store. An electronic order shall be binding for the Buyer as an expression of their will as of the moment of placement thereof (e.g., by clicking on the button by which the Buyer completes the ordering process within the e-shop). 

3.2 The electronic ordering method is equally binding for the Buyer as the traditional ordering method.

3.3 An electronic order is deemed to have been accepted by the Seller at the moment of reception by the Buyer of an order confirmation from the Seller by e-mail.

3.4 Should the Seller fail to confirm the order by e-mail within 1 business day, the Buyer may repeat the order using a traditional ordering method.

3.5 The provisions of Article 3B (3.7-3.15) hereof shall apply mutatis mutandis.

4. Price and payment terms

4.1 The prices are stated by the Seller in a valid price list posted online (or at items in the e-shop), unless otherwise agreed in the contract. In the event a manifestly unrealistic price (extremely outside the market price range) is displayed (as a result of, e.g., a system error), the Seller reserves the right to cancel the Buyer’s order for the respective product even after delivery and to notify the Buyer of the cancellation, whereby no additional rights shall arise for the Buyer (except for the right to a refund of the purchase price already paid).

4.2 Upon receiving a proper order from the Buyer, the Seller shall issue an order confirmation and acceptance notice, confirming to the Buyer the type, price and quantity of the Products it undertakes to deliver to the Buyer, the expected delivery date, the method of payment, and the method of transport. The Seller may, but is not obliged to, issue a letter of confirmation of the order.

4.3 The order as specified in the confirmation and acceptance notice is considered binding between the contracting parties which thereby enter into a purchase contract or contract for work. 

4.4 In exceptional cases, the Seller may change the delivery date specified in the order confirmation notice - in such case, the Seller is obliged to notify the Buyer of this circumstance within 7 days of the issuance thereof. 

4.5 The Buyer may pay the price for the goods and any costs associated with the delivery thereof by one of the following methods:

1. a) cash on delivery - payment in cash or by payment card upon delivery of the goods by courier service to the billing or delivery address specified in the order. In the event that the order exceeds the amount of 20,000 CZK without VAT, the Seller requires that the Buyer pay an advance payment in the amount of 50% of the total price. In such case, the Seller shall notify the Buyer and send the Buyer an advance invoice by email.
2. b) in advance by bank transfer or by payment card as invoiced by the Seller with a due date of 15 days from the date of the invoice. The invoice shall be considered as a call for payment between the parties.
3. c) in advance (by bank transfer) when ordering in the e-shop on the basis of payment terms provided by the Seller or by online transfer or payment card (or according to the applicable terms and conditions and options specified in the e-shop at the moment of ordering); In such cases, an invoice is sent together with the delivery of the goods or subsequently. 

For cashless payments, the Buyer must state the variable symbol of the transaction.

4.6 Should the Buyer fail to pay the invoiced amount or part thereof within the due date, the Seller is entitled to (i) delay the performance under the Contract until the invoice is paid in full (with a corresponding extension of the delivery period), or (ii) withdraw from the Contract, and (iii) block all further deliveries of goods to the Buyer. The Buyer is obliged to pay the purchase price for the ordered goods in full and on time by the due date. Should the Buyer fail to fulfil this obligation, the Parties have agreed on a contractual penalty of 0.1% of the total purchase price of the ordered goods for each day of delay up to and including the date of payment. The Buyer is obliged to pay the contractual penalty to the Seller within 3 working days of receipt of a written request for payment thereof. The payment of the contractual penalty shall not exclude or limit the Seller’s right to compensation for damages in full amount, nor reduce the amount of claim for damages, nor shall it extinguish any contractual or legal obligations of the Buyer. 

4.7 For commercial contracts, should the Buyer be in default with the payment of any invoice for more than 14 days, the Seller shall have the right to make all outstanding obligations of the Buyer towards the Seller payable at a new date set in a written notice thereof. For the purpose of securing the Buyer’s obligations to the Seller, such as payment of interest on late payment, fees for extension of the due date, contractual penalties payable by the Buyer to the Seller, the Seller shall be entitled to make deliveries (including those that have been carried out by the Seller for the benefit of the Buyer only on the basis of a written order by the Buyer) conditional upon the delivery of a blank promissory note of the Buyer payable on sight without prior presentation, endorsed by the Buyer’s statutory body (if the Buyer is a natural person, the note must be endorsed by a third party other than the Buyer). 

4.8 Should goods designated for personal collection fail to be collected from the Seller’s warehouse within 5 working days from the confirmation of the delivery date, the Seller may send the goods to the Buyer’s address specified in the order, at the Buyer’s risk and expense. In the event that the Seller stores the goods that had been ordered but failed to be collected, the Buyer is obliged to pay the Seller a storage fee of 1% of the price of the stored goods for each day of storage until the day of collection. 

4.9 The goods shall remain the property of the Seller and the Buyer shall not be entitled to dispose of the goods in any way, alienate them or encumber them with the rights of third parties until the full payment of the purchase price thereof as well as any other financial claims of the Seller towards the Buyer. “Payment” shall mean crediting the entire invoiced amount to the Seller’s account. The Buyer is not permitted to offset any existing claims towards the Seller against the purchase price of the goods.

4.10 In the event that goods are ordered together with a service (e.g., installation), the Seller reserves the right to charge the Buyer for the costs incurred due to the activities necessary to satisfy the Buyer’s request or order. Such activities may include, e.g., professional consultation, technical support, inspection or measurement at the site of planned installation, etc. In such cases, the Seller may also define conditions of construction readiness or others (to be specified in the order, if applicable). The Buyer will be notified in advance by the Seller of the need to pay the cost of such activities, including the respective amount.

4.11 Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined (unless expressly stated otherwise).

5. Delivery, transport, and dispatch

51 The Seller shall not be obliged to deliver the goods until all legal and contractual obligations of the Buyer arising up to the moment of delivery of the goods or services are fulfilled. The Seller shall be entitled to withhold delivery of the goods or services in particular if the Buyer is in default with payment of the purchase price or any part thereof or if the Buyer has failed to perform any contractual obligations agreed to be performed prior to delivery of the goods or services.

5.2The buyer will be notified via e-mail or SMS about the expected delivery time and other relevant facts concerning the delivery of the goods. The estimated delivery time is subject to change depending on the logistical capabilities of the Seller and/or its carriers. In the event that the Seller is in default with delivery for reasons solely on the part of the Seller, the Buyer shall allow the Seller a reasonable grace period to perform the obligation, but no shorter than 15 business days. If the obligation is not fulfilled within the additional period (and unless stated otherwise in the GTC), the Buyer may withdraw from the Contract, but only before the goods are delivered by the Seller. In the event of withdrawal from the Contract, the Buyer shall be refunded the purchase price already paid (without accessories) within ten days, whereby other claims of the Buyer associated with the Seller’s delay and/or non-delivery of the goods are expressly excluded and waived by the Buyer.

5.3 Any special requirements for shipment, transport and/or insurance of the goods, including customs clearance, must be notified to the Seller well in advance. For commercial sale, any and all applicable customs duties, import fees, etc., shall be paid and secured by the Buyer.

5.4 The Buyer is obliged to specify the required method of transport or collection of the goods in the order, whereby the following transport options are possible (unless stated otherwise on the Seller’s website):

• personal collection upon confirmation by the Seller at the Pelhřimov office at: K Silu 2179, 393 01 Pelhřimov - Lhotka. When collecting the goods in person from the Seller’s warehouse, the Buyer is obliged to pay the amount of 120.- CZK excluding VAT for the dispatch costs.
• delivery by a shipping company with payment on delivery. The maximum price of payment on delivery is 20,000, - CZK without VAT.
• delivery by a forwarding company to the address specified by the Buyer is possible on the basis of a written (or emailed or faxed) agreement with the Seller.  In such event, the costs shall be borne by the Buyer.

If stated otherwise in the e-shop, the shipping methods specified on the e-shop website shall apply.

5.5 The cost of transport of the goods from the Seller’s warehouse to the Buyer shall be borne by the Buyer, unless agreed otherwise in the order or contract. The Seller shall re-invoice the shipping cost to the Buyer together with an invoice for the goods. Shipping is therefore at the account and risk of the buyer.

5.6 The exact price of the transport will be specified in the confirmation (acceptance) of the respective order (unless stated during the ordering process in the e-shop).

5.7 Goods can be collected in person at the Seller’s warehouse upon a order confirmation by the Seller (at a date agreed between the Buyer and the Seller). Whoever collects the goods is obliged to prove their identity with an ID card or other personal document and an authority to collect the goods with a valid power of attorney and, if applicable, to present identification codes for the collection of the goods provided by the Seller. If collecting the goods personally at the warehouse, the Buyer is obliged to inspect the condition of the goods and verify its consistency with the delivery note.

5.8 The Buyer is obliged to object to any defects in the goods immediately upon receipt of the shipment, and in the case of hidden defects, immediately upon discovery thereof. The Buyer is obliged to inspect the condition of the shipment upon receipt. In the event of damage or other obvious defects, the Buyer is obliged to write a record of the delivery of the shipment with reservations, either with the Seller if collecting the goods personally, or with the carrier, or refuse to accept the shipment entirely. The Buyer shall immediately send such a report, together with a description of the defect or defects in the goods, to the Seller by e-mail to obchod@conteg.cz. Upon receipt of the shipment delivered by a carrier, the Buyer is obliged to verify the information on the waybill. If the data does not correspond to reality, the original packaging of the goods is damaged or the original adhesive tape on the packaging is damaged, the Buyer shall proceed analogously to the previous provisions of this paragraph.

5.9 The Seller’s obligation to deliver the goods shall be deemed completed either by handover thereof to the Buyer (for personal collection and online sale) or to the first carrier, as agreed by the Seller and the Buyer.

5.10 The Buyer is obliged to verify the contents of the shipment against the attached delivery note/warranty certificate/order. Should the contents of the shipment fail to correspond to the delivery note, the Buyer is obliged to indicate the differences on the delivery note or its attachment and have this fact confirmed by the carrier. Should the carrier refuses to comply, the Buyer is obliged to reject the delivery in its entirety.

5.11 If the goods delivered and the terms of delivery do not correspond to the order, the Buyer is entitled to complete a return protocol (downloadable from the Seller’s website) and send back the complete and undamaged goods to the Seller so that the shipment is delivered no later than within 5 working days.

5.12 If the goods are not returned within the set period and/or are returned damaged, the Seller reserves the right not to accept the goods or to charge the Buyer for the damages incurred and a cancellation fee in the amount of 5% of the price of the returned goods.

5.13 In the event of delay by the Buyer in accepting the delivery or in the event of breach of any obligation of the Buyer to provide cooperation, the Seller shall be entitled to claim compensation for damages incurred, including any extra costs. In such event, the risk of accidental destruction or accidental damage to the subject of delivery shall pass to the Buyer at the moment the Buyer becomes in delay with accepting the delivery or providing cooperation.

5.14 For commercial sale, the Buyer is obliged to take out insurance against hazard of any kind. The Seller shall not be liable in the event of failure of the Buyer to fulfil the above obligation, in particular shall not be liable for any damage that may occur during transport of the goods.

5.15 By placing an order, the Buyer undertakes to accept delivery of the goods, and in the event that the Seller stores the goods that had been ordered but failed to be collected, the Buyer is obliged to pay the Seller a storage fee of 1% of the price of the stored goods for each day of storage until the day of collection.

5.16 The Buyer, by accepting the goods from the Seller, expressly agrees to the wording of these GTC applicable at the time of accepting the goods. The current version of the GTC is available on the Seller’s website at https://www.conteg.com.

517 The delivery from the Seller shall include exclusively the goods (and/or services) expressly specified in the Contract (order). The Seller does not guarantee any follow-up services or synergies or potential use cases for the goods.

5.18 If the Seller discovers a deterioration in the Buyer’s economic or financial situation, the Seller may demand full or partial advance payment of the purchase price or the provision of a guarantee or may withdraw from the Contract without undue delay.

5.19 If the delivery is delayed due to circumstances on the part of the Buyer, the Seller may store the goods at the Buyer’s expense.

5.20 All outstanding obligations of the Buyer towards the Seller shall become due and payable upon the entry into force of a declaration of bankruptcy of the Buyer.  

6. Liability for defects

6.1 The Seller shall be responsible for ensuring that the goods are delivered in the quantity and quality as specified in the Contract. 

6.2 If the major part of the Seller’s obligation consists in the performance of an activity or involves the assembly of the goods, according to the Buyer’s assignment, technical documentation, instructions or plans, the Seller shall not be liable for the technical and legal suitability of the product, in particular for the suitability of the product for the intended use, safety of the use of the product, compliance of the product with intellectual property rights, etc. 

6.3 The Buyer is obliged to check upon receipt of the goods whether the delivered goods have the contractually agreed characteristics. Obvious defects must be reported to the Seller without delay, but no later than within 14 days (this shall be without prejudice to the Buyer’s obligation under Articles 5.8 and 5.10 hereof); hidden defects must be reported to the Seller without undue delay after they have been discovered or could have been discovered with reasonable care.  Such report should be in the form of a duly substantiated written complaint delivered to the address of the Seller’s registered office specified in the Commercial Register (unless another address for complaints is provided in the order or on the Seller’s website). For duly submitted and justified complaints, the Seller is entitled, at its discretion, to provide a discount on the purchase price, repair, replacement or return of the goods with a refund of the purchase price within a reasonable period of time. A reasonable period for complaint settlement (including notification of the choice of the method of settlement by the Seller) is to be determined by the Seller with respect to the nature of the reported defects and goods, but not longer than 30 days. In the event that the Seller is in delay with the repair or replacement delivery of the goods for reasons solely on the Seller’s side, the Buyer is obliged to grant the Seller a reasonable grace period to perform the obligation, but no shorter than 15 business days. If the repair or replacement delivery of the goods is not made within this additional period, the Buyer may withdraw from the Contract or to demand a corresponding reduction in the purchase price.  

6.4 The Seller shall not be liable for any damage caused by the carrier or for any delay in delivery by the Carrier (for whatever reason).

6.5 If the complaint proves to be unjustified and the Seller rejects it, the Buyer is obliged to reimburse the Seller for all costs incurred in association with the unjustified complaint, based on the Seller’s invoice of such costs within 5 days from the date of the invoice.

6.6 In the event of withdrawal from the Contract regardless of the reason, as a result of which the purchase price or part thereof that has already been paid is to be refunded, the Seller shall return the respective amount in the same method as the payment from the Buyer. In the event that the money cannot be refunded by the same method (e.g., payment in cash), the Buyer is obliged to provide a bank account for the refund. The buyer shall be solely responsible for the accuracy of the information provided to the Seller for this purpose. 

7. Warranty, warranty claims

7.1 Warranty and warranty claim conditions are specified in the Warranty conditions section athttps://www.conteg.com/warranty. 

7.2 Unless otherwise stipulated herein, the rights and obligations of the Seller and the Buyer regarding the rights arising from defective performance shall be governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925 and Sections 2099 to 2117 of the Civil Code).

7.3 Neither the provisions of the Civil Code that protect the consumer nor the Consumer Protection Act shall apply to the relationships between the Seller and the Buyer that are of a business-to-business nature. Neither of the parties shall be considered to be the weaker party in such cases. 

7a Sui generis consumer rights

If the Buyer is a consumer (i.e., the ordering party is not a business and no Company ID number is provided in the order), the Buyer shall have additional rights as specified hereinbelow that supersede other provisions hereof:

7a.1 Right of withdrawal

If the Contract was concluded at a distance, the Buyer – consumer has the right to withdraw from the Contract within fourteen days without giving a reason and to request a refund of the price. The right to withdraw from the Contract expires after 14 days from the date of receipt of the goods.

In the event of withdrawal from the Contract, the Buyer is obliged to return the goods to the Seller within 14 days of the withdrawal undamaged and without signs of use, including all accessories (as well as any gifts provided) and, if possible, in the original packaging.

If the goods are returned unpacked and used in a way other than necessary to understand their nature, features and functionality, (as well as if the goods show signs of damage, scratches or other wear and tear), the refunded purchase price may be reduced. The percentage of the reduction of the amount to be refunded depends on the condition of the goods and the options available for resale. This follows from Section 1833 of the Civil Code.

Withdrawal from the Contract shall be done by a written notice delivered to the Seller’s address, by filling in a form available on the Seller’s website (at: https://www.conteg.com/warranty-claim), or, where appropriate, via a customer account(if technically feasible).

If the delivery of goods includes provision of a service (e.g., assembly), it is not possible to withdraw from the Contract. Similarly, it is not possible to withdraw from the Contract if the goods have been customized for the buyer in any way.

In the event of withdrawal from the Contract, the Seller shall return the purchase price to the Buyer by the same method as the respective payment within 14 days of withdrawal from the Contract by the Buyer and delivery of the goods to the Seller. The buyer is also entitled to a refund of the cost of delivery of the goods, but only up to an amount equal to the cheapest method of delivery offered on the Seller’s website.

7a2 Right to dispute resolution

In the event of a dispute, the Buyer has the right to address a complaint/request to the Seller, in particular using a form provided on the Seller’s website (if available) or electronically by e-mail to obchod@conteg.cz.  

If the complaint is not resolved in a way acceptable to the Buyer, the Buyer may seek resolution through an out-of-court dispute resolution entity, such as the Czech Trade Inspection Authority.

7a3 Other rights and obligations 

The Seller may not withdraw from a Contract without stating a reason.

In the event that the Buyer placed an order by means of communication at a distance, the Seller is obliged to immediately confirm receipt of such order to the Buyer through any means of communication at a distance.

The Buyer shall enjoy all rights from defective performance within the meaning of Sections 1914 to 1925 and Sections 2099 to 2117 of the Civil Code.

8. Governing law, dispute resolution

8.1 The contractual relationship established by a Contract concluded between the Seller and the Buyer shall be governed by the laws of the Czech Republic, without the application of conflict-of-law provisions of private international law. Unless stated otherwise herein or unless it follows from applicable law, the legal relationship between the contracting parties shall be governed by Act No. 89/2012 Coll., the Civil Code. All communication between the parties shall be conducted in the Czech language.

8.2 The Seller and the Buyer undertake to resolve any disputes that may arise between the parties primarily through out-of-court negotiations. The Seller and the Buyer agree that the competent court for the resolution of disputes arising out of or in connection with contracts concluded between them, if no amicable solution is reached, shall be the general court of jurisdiction for the Seller’s registered office according to Act No. 99/1963 Coll., the Code of Civil Procedure, as amended.

8.3 The Seller and the Buyer expressly exclude the application of all provisions of the UN Vienna Convention on the International Sale of Goods to their mutual obligations under or in connection with these GTC, except for those provisions of the Convention whose application cannot be excluded.

9. Transfer of risk of damage, Seller’s liability 

9.1 The risk of damage to the supplies (goods, services) shall pass to the Buyer either at the moment of the delivery thereof to the Buyer or at the moment of handover to the first carrier, whichever comes first.

9.2 If the dispatch or receipt of the goods is delayed at the Buyer’s request or for reasons beyond the Seller’s control, the risk of damage to the goods shall pass to the Buyer at the time when the goods should have been handed over or dispatched to the Buyer from the Seller’s premises according to the original schedule. From this point on, the deliveries will be stored and insured at the account and risk of the Buyer.

9.3 The Seller shall not be liable to the Buyer for any indirect or consequential damage incurred in connection with the Contract and the delivery of the goods and their use or defects thereof (in particular lost profit, etc.). All liability of the Seller in connection with the Contract and delivery of the goods and their use or defects thereof is limited to the amount of the purchase price of the delivered goods.

10. Amendments to the GTC

10.1 The Seller reserves the right to amend the GTC with respect to changes in the applicable laws and regulations as well as to reflect updates to the Seller’s business policy. The Seller shall announce such changes and their effectiveness in an appropriate manner. Such changes shall apply to business transactions entered into after the validity of the newly announced General Terms and Conditions (for this purpose, an announcement may take the form of publication thereof on the Seller’s website at https://www.conteg.com).

11. Force Majeure 

11.1 A Party shall not be liable for damage caused to the other Party by a breach of its contractual obligations if the breach is due to an impediment which has arisen independently of the will of the defaulting Party and prevents it from delivering on its obligation, if it cannot reasonably be assumed that the defaulting Party could have averted or overcome the impediment or its consequences, and, furthermore, that it could have foreseen the impediment at the time of entering into the Contract. A Party shall not be liable for any damage so caused only for as long as such impediment continues. For the purposes of this provision, an impediment shall be understood as a force majeure event, in particular, but without limitation, a natural disaster, flood, epidemic, war or another armed conflict, lack of water for navigation, fire, strike, disturbance of transportation chains, or other circumstances beyond the control of the Parties. Should any such impediment arise, the Parties undertake to take all lawful steps to ensure that the purpose of their contractual relationship be fulfilled nonetheless. The Parties are obliged to notify each other of relevant force majeure events without delay by e-mail, telephone or other appropriate means. 

11.2 Operational failures, delivery delays or failures on the part of subcontractors, shortages of energy or raw materials, transport failures, if such events cannot be foreseen, as well as strikes, lockouts, official procedures and force majeure events shall, for the duration of the impediment and within its scope, release the affected Party from the obligation to deliver on its obligations hereunder. 

12. Data protection 

12.1 The Buyer provides personal data to the Seller in accordance with Act No. 101/2000 Coll., on the protection of personal data. All data provided by the Buyer shall be stored and protected from misuse and not be disclosed to any third party without the Buyer’s express consent. The Buyer’s data may only be used by the Seller for statistical processing and direct communication with the Buyer, as well as for the purpose of sending marketing messages. A detailed personal data protection policy is available here: https://www.conteg.com/gdpr.

12.2 By accepting the GTC, the Buyer agrees to the collection and use of personal data.

12.3 The Buyer has the right to withdraw their consent to the processing of personal data at any time by written declaration.

12.4 The Buyer acknowledges that they are obliged to provide personal data correctly and truthfully and that they are obliged to notify the Seller without undue delay of any changes in the personal data.

12.5. The Buyer is obliged to protect their login details for the customer account and not to disclose the information or make it available to anyone or to let another person use their customer account (or to use another customer’s account). The Seller shall not be held liable for any misuse of the customer account in any way.

13  Intellectual property rights

13.1 The website https://www.conteg.com and its individual elements and content (in particular, the source code, design of the websites and the content) are subject to protection under Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (the Copyright Act), which the Buyer acknowledges.

13.2. All content at https://www.conteg.com, as a copyrighted work, is either the exclusive property of the Seller or of a third party and subject to a license held by the Seller, and therefore no parts thereof may be copied, distributed or otherwise appropriated in violation of the copyright law. The website may only be used for personal use and for the purpose in accordance with these GTC.

13.3 In the event that the Buyer commits any illegal or unethical conduct while using the Seller’s website, the Seller may restrict, suspend or terminate the Buyer’s access to the website without any compensation, without prejudice to the Buyer’s obligation to compensate the Seller in full for any damage incurred in association therewith.

14. Final provisions

14.1 The Parties agree that all documents, notifications, requests or other documents shall be delivered by registered letter by postal service to the addresses of their respective registered offices or places of business. If, in the course of their business relationship, the address of either Party changes, such Party shall promptly notify the other Party in writing of such change by method specified herein. If the Party concerned cannot be reached at that address, the document shall be deposited at the post office. If the addressee fails to collect the deposited document within ten calendar days of deposit, the last day of this period shall be deemed to be the day of delivery, even if the Party has not learned of the delivery.

14.2 The Parties undertake to expend maximum efforts and provide each other with maximum cooperation in the performance of their contractual obligations to ensure that the purpose of their contractual relationship is fulfilled to the greatest possible extent. During the validity of these GTC, the Parties are bound by their acts and undertake not to do anything that would defeat the rights of the other party.

14.3 Should one or more of the provisions of the Contract between the Parties or these Terms and Conditions be or become invalid or illegal in whole or in part, it shall not affect the validity or legality of the remaining provisions of the Contract or these Terms and Conditions, respectively. The Parties shall replace the invalid or illegal provisions with valid and lawful provisions which most closely approximate the purpose of those being replaced.

14.4 The Buyer is entitled to assign its rights and transfer the obligations arising from the Contracts and these GTC to third parties only with the prior written consent of the Seller. The Seller is entitled to assign rights and transfer obligations arising from Contracts and these GTC to a third party without restriction, and the Buyer hereby agrees to such assignment of rights and transfer of the Seller’s obligations under the Contracts and these GTC.

14.5 The Buyer shall unconditionally maintain the confidentiality of all information made available to them in connection with the supply of goods by the Seller which may be considered, with respect to the circumstances, to be trade or business secrets and which shall be kept confidential, except for information known from public sources.

14.6 The Buyer agrees, in accordance with Act No. No. 480/2004 Coll., that marketing and commercial communications may be sent by e-mail to the addresses provided in the list of authorized persons of the Buyer.

14.7 Any arrangements and communication between the Parties regarding the delivery of the goods prior to the conclusion of the Contract (unless contained in the Contract or in these GTC) shall cease to be effective upon the conclusion of the Contract. 

14.8 The GTC constitute an integral part of each Contract.

14.9 These GTC are valid as of April 1^st, 2025. Contracts shall be governed by the respective wording of the GTC as available on the Seller’s website (https://www.conteg.com) on the day of placement of an order with the Seller or on the day of execution of the Contract, whichever comes first.

 

 

Appendix no.1

 

1. LICENSE TERMS
   • The Buyer may not use the SW in any way other than in the manner necessary for the use of the goods delivered by the Seller in accordance with the contract (order). The SW may be updated from time to time (whereby the Buyer’s right to use the SW extends to such updates).
   • The Buyer may not change, modify, add to or otherwise interfere with the SW, alter, reproduce or discover the source code, reverse engineer, decompile the SW or perform black box analysis or extend the SW in any way. The Buyer may not assign or transfer the license to the SW in part or in full to a third party.
   • The Seller shall not be obliged to disclose or make available to the Buyer any documents or information concerning the SW.
   • The right to use the SW is granted for the period for which the Seller’s is providing services under the contract. The right to use the SW shall expire upon termination of the provision of the services.
   • The Buyer agrees to comply with the SW User License Terms as defined hereinbelow. The Buyer further agrees to ensure that all respective users are aware of and comply with the aforementioned restrictions and with the SW User License Terms.

 

2. SW USER LICENSE TERMS
   • This license agreement (hereinafter referred to as the “LA”) constitutes a binding agreement between a person entitled to exercise the right to use the SW (hereinafter referred to as the “SW User”) and the Seller.
   • As a copyrighted work, SW is protected against copyright infringement. The SW is subject to all provisions of the applicable Copyright Act.
   • By receiving access credentials, the SW User obtains the right to use the SW within the scope of the LA. The license is granted as non-exclusive.
   • The SW User has the right to operate the SW only for the agreed purpose and services related thereto.
   • The SW User may not:
     • grant the license to another person or allow it to be copied by another person.
     • make or commission another person to make modifications in order to change the properties of the SW;
     • perform or let another person perform reverse analysis and decompilation of the SW, except and to the extent that such activity is expressly permitted by applicable law that would override this restriction.
     • use the SW otherwise than as provided in this LA and relevant provisions of the Copyright Act.
   • In no event shall the Seller be held liable for any consequential damage whatsoever (including, but not limited to, loss of business profits, business interruption, loss of business information, or any other financial loss), even if arising out of the use of, or inability to use, the SW, even if the SW has been identified as a possible cause of such damage. Furthermore, the Seller shall not be held liable for any damage to the SW User’s computing equipment, program or data files that may be caused by the operation of the SW, if such damage was caused by the use of the SW in violation of the instructions or if caused by the use of non-standard software, hardware or accessories.
   • By installing, copying or otherwise using the SW, the SW User accepts this LA and its terms as binding. Entering and confirming user data or starting to use the SW is considered as the beginning of the use of the SW, which extinguishes the right to return the SW.