BUYERS ARE NOT ALLOWED TO ENTER THE WAREHOUSE AREA
PERSONAL PURCHASE IN STOCK IS NOT POSSIBLE
GOODS CAN ONLY BE PICKED UP AFTER PREVIOUS ORDER
The Seller confirms that the products imported or distributed by it, which are subject to Act No. 22/1997 Coll. in the sense of Government Regulations No. 173/1997, 179/2001, 17/2003 and 616/2006, are in accordance with these regulations. The Seller declares that the products imported or distributed by it, which come into contact with food, comply with Act No. 258/2000 Coll., and the Decrees of the Ministry of Health of the Czech Republic 38/2001 Coll., and 186/2003 Coll., and also with Regulation of the European Parliament and of the Council EC 1935/2004. For goods falling within the scope of the amendment to the Waste Act No. 185/2001 Coll., the recycling fee is part of the total invoiced price. For goods where the recycling fee is not listed and calculated separately, it is already part of the purchase price.
- Basic provisions
- Definition of terms
- Ordering
- Delivery terms
- Payment terms
- Prices
- Contract
- Complaint
- Security and information protection
- Operating hours
- Warranty conditions
1. Basic provisions
In the online store for B2B https://fuski.eu the following terms and conditions apply to purchases, which further define and specify the rights and obligations of the seller, who is the owner and operator of the website www.fuski.eu, the company Fuski BOMA s.r.o., IČO: 05534810, DIČ: CZ05534810 with headquarters K Bytovkám 222, Kunice, 251 63 and the buyer (customer in the position of consumer - entrepreneur).
If the buyer is a consumer (a person other than an entrepreneur who places an order or concludes a contract with the seller within the scope of his business activities), the rights and obligations of the seller and the buyer are governed by the provisions of § 2158 et seq. of the Civil Code ("Special provisions on the sale of goods in a store") and, in the case of consumer buyers, also by Act No. 634/1992 Coll., on Consumer Protection, as amended.
If the contracting party is a consumer, relations not regulated by commercial terms and conditions are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.).
All contractual relationships are concluded in accordance with the legal system of the Czech Republic.
2. Definition of terms
Consumer contract - a purchase contract, a work contract, a service contract, or other contracts pursuant to the Civil Code, if the contracting parties are, on the one hand, a consumer (a person other than an entrepreneur who places an order or concludes a contract with the seller as part of his business activity or as part of the independent performance of his profession) and, on the other hand, a supplier or seller.
Seller/operator of an online store - a person who, when concluding and fulfilling a contract, acts within the scope of his commercial or other business activity. This is an entrepreneur who, directly or through other entrepreneurs, supplies products or provides services to the buyer.
Buyer/consumer - a person who, when concluding and performing a contract, is not acting within the scope of his business activity. It is a natural or legal person who purchases products or uses services for a purpose other than for doing business with these products or services. Buyer who is not a consumer - an entrepreneur who purchases products or uses services within the scope of his business activity or within the scope of the independent performance of his profession.
The buyer/entrepreneur is a buyer who purchases products or uses services for the purpose of his business in accordance with § 420 of the Civil Code. The special provisions on the sale of goods to consumers do not apply to the relationship between the seller and the buyer - entrepreneur, with the exception of the provisions of § 2160, which are expressly applied to the relationship between the seller and the buyer - entrepreneur. The provisions of § 1924 of the Civil Code are expressly excluded for the relationship between the seller and the buyer - entrepreneur; the buyer - entrepreneur is not entitled to compensation for reasonably incurred costs in the event of a complaint. The buyer - entrepreneur is also not entitled to compensation for damage caused by a defective product in accordance with § 2943 of the Civil Code, a flawless product, during the assembly or installation of the product or in any other way in a causal connection with the product. The Consumer Protection Act (No. 634/1992 Coll.) does not apply to the relationship between the Buyer - entrepreneur and the Seller.
Purchase agreement – The purchase contract is created at the moment of confirmation of the buyer's order by the seller. From this moment, mutual rights and obligations arise between the buyer and the seller, which are defined by the purchase contract and the terms and conditions, which are an integral part of this contract. The conclusion of a purchase contract without negotiating all its requirements stipulated by the Civil Code is excluded in accordance with the provisions of § 1726 of the Civil Code. Furthermore, the seller, in accordance with the provisions of § 1740 (3) of the Civil Code, excludes the acceptance of an offer with an amendment or deviation.
Information about the concluded contract and business terms and conditions - by concluding a purchase contract, the buyer confirms that he has read the terms and conditions and that he agrees with them. The terms and conditions form an integral part of the concluded contract. After completing the order, the buyer will be sent an e-mail confirmation of this order. The moment of concluding the purchase contract is considered the moment of confirmation of the order by the seller.
According to the amendment to Act No. 235/2004 Coll., on Value Added Tax, data in an already issued tax document (invoice) cannot be changed from 1 January 2013. Data in a tax document (invoice) can only be changed if the customer has not yet received and paid for the goods.
3. Ordering
You can order in the following ways:
1. via e-commerce
2. through a sales representative
The buyer will be informed about the exact delivery time of the ordered goods via e-mail. The delivery time of the ordered goods and the shipping price depend on the shipping method that the buyer chooses in the order within their cart.
The Buyer's billing information cannot be changed retrospectively after the order has been sent.
Order cancellation by the buyer – the buyer has the right to withdraw from the order at any time before the goods are shipped, without any penalty. The order can be cancelled by phone at +420 222 352 190 or via email boma@boma.cz.
4. Delivery terms
Based on the buyer's choice, the seller will deliver the goods to the place and in the manner specified by the buyer in the order. The buyer is obliged to take over the goods delivered in this way, otherwise the goods will be stored at his expense and, after agreement, also re-shipped at his expense.
We deliver the ordered goods by a contracted shipping service.
Deliveries of the subject of performance will be made as soon as possible, usually 2-10 working days, depending on the availability of products and the operating capabilities of the seller. In exceptional cases, or if the goods are not in stock, the delivery time may be longer, of which the buyer will be notified immediately after finding out about this fact. The place of delivery is determined on the basis of the buyer's order. Delivery of the subject to the specified address is considered to be completed.
The seller provides transport to the destination address. The shipment of goods usually includes a tax document (invoice). Upon receipt of the goods, the buyer is obliged to immediately check the shipment (number of packages, integrity of the tape with the company logo, damage to the box). If the packaging is damaged, please include this information in the delivery report of the transport service.
The buyer is entitled to refuse to accept a shipment that does not comply with the purchase contract, for example because the shipment is incomplete or damaged.
Delivery methods:
Transport:
- PPL - more information here...PPL
- GLS - more information here...GLS
Personal collection:
- Central warehouse
More information about the price of shipping goods by courier can be found in the Shipping and Payment section.
5. Payment terms
In the event that the goods are special goods to order or goods that are not in stock, the seller will confirm the price and delivery date to the buyer in advance by phone / e-mail. If the valid price is identical to or lower than the written or e-mail order, it is not confirmed to the buyer and the goods are delivered to him at the agreed price according to the validly concluded contract. If the price is changed, the customer confirms that he is aware of the change and agrees to it, in the same way as he was notified of this change.
Payment terms - the basic method of payment is cash upon delivery of the item, or the possibility of using other payment methods listed below. If the customer chooses advance payment, the seller will wait to send the goods until the customer's obligation to make the payment is fulfilled. Making the payment means crediting the entire amount according to the contract to the seller's account.
All prices for goods on the website are listed including and excluding VAT, including all fees stipulated by law, however, the costs of delivering goods or services vary depending on the chosen method and transport provider and payment method.
All goods are delivered with a tax document. The goods remain the property of the seller until the purchase price is paid in full. In the event of cancellation of the order or part thereof by the supplier (e.g. the goods are sold out), the money or the relevant part thereof is immediately sent back to the account number from which it was transferred, unless otherwise agreed.
Payment methods:
- cash on delivery (payment in cash or by card upon delivery of the goods - the carrier takes the cash from the customer)
- payment ONLY in cash upon receipt of goods at the central warehouse in Kunice
- online card payment (payments via payment gateway) - we are sorry, but this method of payment is not available at the moment.
- payment by bank transfer (payment on invoice with maturity - only for wholesale customers if conditions are met)
An invoice issued on the basis of a purchase contract between the seller and the buyer also serves as a tax document and delivery note. The buyer can generally only take over the goods or service after full payment, unless otherwise agreed.
If the customer is a taxable person, he is obliged to disclose this fact when ordering, but at the latest before the sale itself, including the (true) data necessary for issuing a tax document, with the proviso that if he fails to do so, the seller automatically considers him to be a non-taxable person.
The goods remain the property of the seller until full payment and acceptance, but the risk of damage to the goods passes upon acceptance of the goods by the buyer.
6. Prices
All changes and price changes in the online store are reserved. The offer of goods displayed on www.fuski.eu (including promotional goods, sales and flyer promotions) is valid until stocks run out or the seller loses the ability to fulfill, while the number of promotional items is always stated in the offer, or for a specified period. The price is valid at the time of ordering. Promotional prices are valid until stocks run out when the number of promotional items is stated or for a specified period of time.
The website www.fuski.eu lists prices including and excluding VAT, including all fees stipulated by law, however, the costs of delivering goods vary depending on the chosen method, transport provider and payment method.
All prices are negotiable. In the e-shop www.fuski.eu are always current and valid prices in euros (€).
The prices listed for individual products are final, i.e. including VAT and all other taxes and fees that the consumer must pay to obtain the goods, but this does not apply to any fees for packaging, shipping and delivery.
7. Contract
When a contract cannot be concluded
The Buyer acknowledges that there may be cases where a contract between the Seller and the Buyer is not concluded, in particular if the Buyer orders goods at a price published in error due to an error in the internal information system. In such a case, the Seller will inform the Buyer of such fact.The Seller reserves the right to declare the purchase contract invalid if there has been misuse of personal data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority; the Buyer will be informed of such a procedure. The Buyer acknowledges that in the above cases the purchase contract cannot be validly concluded.
Conclusion of the contract
The buyer can conclude the contract by accepting the proposal to conclude the contract on the website www.fuski.cz by adding the desired goods to the cart. Before the buyer confirms the order, the buyer has the right to change the requested performance, shipping and payment method, i.e. check all the data entered in the order. The purchase contract is formed by sending the order by the buyer after choosing the shipping and payment method and by accepting the order by the seller. The seller is not responsible for any errors in data transmission. The seller will immediately confirm the conclusion of the contract to the buyer by sending an informative email to the email address provided by the buyer.
Delivery of the purchased item
By the purchase contract, the seller undertakes to deliver the item to the buyer and enable him to acquire ownership of it, and the buyer undertakes to take over the item and properly pay the purchase price. The seller reserves the right of ownership to the item, therefore the buyer becomes the owner only upon full payment of the purchase price.
Breach of contract
The buyer has the right to have a new item delivered even in the event of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract. When a new item is delivered, the buyer shall return the item originally delivered to the seller at the seller's expense.
If the buyer has not notified the defect without undue delay after he could have discovered it during a timely inspection and with sufficient care, the court will not grant him the right to claim for defective performance. If it is a hidden defect, the same applies if the defect has not been notified without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after the handover of the item.
Quality guarantee
By means of a quality guarantee, the seller undertakes that the item will be suitable for use for its usual purpose for a certain period of time or that it will retain its usual properties. The guarantee period runs from the handover of the item to the buyer; if the item has been shipped according to the contract, it runs from the arrival of the item at its destination. The buyer has no right under the guarantee if the defect was caused by an external event after the risk of damage to the item passed to the buyer.
8. Complaint
The carrier is responsible for the goods during transport. If the goods are delivered to the specified address by a contractual carrier, the buyer is obliged to check the delivered goods immediately after receiving them from the person carrying out the delivery and is obliged to complain to the seller about obvious defects in the goods and incompleteness of the delivery (difference between the invoice and the delivered goods) immediately, no later than the day after receiving the goods. Later complaints about obvious defects in the goods and incompleteness of the delivery (difference between the invoice and the delivered goods) will not be accepted by the seller or the carrier.
When receiving the shipment, check its condition. If the protective tape is broken, the package contains cracks, a deformed corner, a punctured cardboard or other signs of damage, the goods may have been damaged or lost. If this happens, it is enough to simply tell the driver: I am accepting, but please state a "reservation". In this case, the driver is obliged to state a reservation. This is indicated in the scanner as the status "DELIVERED WITH RESERVATION" of the handover, or in the case of a paper consignment note, this is indicated directly with the name "RESERVATION" together with your signature.
If you discover damage or loss of goods, do not discard the shipping carton, but take a photo of it, including the address label, cracks, tears or visible taping. These photos will be required for the claim and subsequent compensation of the damage to the carrier. Then notify us by e-mail together with the photos taken.
When collecting the goods in person, the buyer is obliged to check the goods upon receipt and is obliged to immediately report any obvious defects to the seller. Obvious defects of the goods reported to the seller later will not be recognized by the seller.
If a defect occurs in the goods delivered by the online store www.fuski.eu, the buyer may file a complaint. Complaints about goods, when there are 2 entrepreneurs involved in a binding legal relationship, are governed by the Civil Code. The general regulation of liability for defects is contained in § 2099 - 2112.
Práva z vadného plnění
§ 2099
a) A thing is defective if it does not have the properties specified in § 2095 and 2096. The performance of another thing is also considered a defect. Defects in documents necessary for the use of the thing are also considered a defect.
b) If it follows from the seller's statement or the delivery document that the seller has delivered a smaller quantity of items, the provisions on defects do not apply to the missing items.
Subject of purchase
The seller shall deliver the object of purchase to the buyer in the agreed quantity, quality and design. If the quality and design are not agreed, the seller shall perform in the quality and design suitable for the purpose apparent from the contract; otherwise, for the usual purpose.
When determining the quality or workmanship according to an agreed sample or model, the quality or workmanship of the thing must correspond to the sample or model. If the quality or workmanship specified in the contract and the sample or model differ, the contract shall prevail. If the contract and the sample determine the quality or workmanship of the thing differently, but not in a contradictory manner, the thing must correspond to the contract and the sample or model.
Goods complaints
For faster processing, the buyer can inform the seller about the complaint in advance by phone, e-mail, in writing or through his sales representative. The buyer is obliged to describe the defect or describe how it manifests itself, or take a photo of the defect. The buyer will deliver the complained goods to the seller at his own expense (other than cash on delivery, which the seller does not accept), and when sending the goods, the buyer is obliged to pack the goods in suitable packaging so that they are not damaged or destroyed. Alternatively, the buyer can forward the complaint to his sales representative, if he has one assigned to him.
For a successful complaint to be processed, it is absolutely necessary for the buyer to be able to present a tax document (invoice) and a completed complaint protocol.
!!! Goods sent for complaint must be clean.!!!
!!! Differences in color shades in reality and on electronic display devices cannot be considered a defect in the goods.!!!
The buyer is obliged to file a complaint with the seller without undue delay after discovering the defect. The address for receiving the claimed goods is: Fuski BOMA s.r.o. - Complaints department, K Bytovkám 222, 251 63 Kunice, tel. contact.: +420 222 352 190 - Mrs Dvořáková, e-mail: boma@boma.cz.
Depending on the type of defect and the nature of the goods, in accordance with the legal regulations in force in the Czech Republic, a justified complaint will be resolved by repair, replacement of the goods or refund of the purchase price paid.
The seller does not assume liability for damages resulting from the operation of the products, functional properties and damages from improper use of the product, as well as damages caused by external events and incorrect handling. Defects of this origin are not covered by the warranty provided.
They sell without unnecessary delays and will handle complaints as soon as possible.
9. Security and information protection
If you are purchasing as a wholesale customer, we require the following information when registering:
- company name (business name)
- billing and delivery address
- ID number, VAT number
- telephone connection
- electronic address (email)
By purchasing in an online store www.fuski.eu you also agree to subscribe to the newsletter, i.e. by entering your e-mail address, you consent to the processing of personal data within the scope of your e-mail address for the purpose of sending commercial communications. You also confirm that you have read and agree to these terms and conditions.
By subscribing to the newsletter, you acknowledge that you can withdraw your consent to the processing of personal data and the sending of commercial communications at any time, free of charge. You can unsubscribe from the newsletter (commercial communications) yourself by clicking on the relevant link at the bottom of each information email or by writing to us at: boma@boma.cz with a request for exclusion.
By subscribing to the newsletter, i.e. by entering your e-mail address, you agree that the personal data controller may transfer personal data to third parties for the purpose of sending commercial communications. These entities are exclusively providers of commercial communications mailing services.
The Buyer gives the Seller his consent to the collection and processing of this personal data for the purpose of fulfilling the subject matter of the concluded purchase contract and using it for the Seller's marketing purposes (in particular for sending commercial communications, including through third parties).
The buyer can revoke this consent at any time free of charge (request the deletion of some of their data, or the complete deletion of all their data from the administrator's database), by e-mail: boma@boma.cz. Furthermore, the buyer has the right to access personal data, has the right to correct and supplement it, has the right to block it, including the right to request an explanation and removal of the defective condition and other legal rights to this data, all free of charge at the e-mail address boma@boma.cz.
The above personal data will be processed for the purpose of identifying you as a buyer, to implement and perform the necessary accounting operations and to record your payment for the purchased goods, for the purpose of correct delivery of the goods and to communicate with you.
The Seller declares that all personal data is confidential, will be used only to fulfill the contract with the Buyer and the Seller's marketing campaigns and will not be otherwise published, provided to a third party, etc., except for situations related to distribution or payment transactions regarding the ordered goods (disclosure of name, account number and delivery address) or special marketing campaigns.
The Seller shall act in such a way that the data subject does not suffer any harm to his or her rights, in particular the right to preserve human dignity, and shall also ensure protection against unauthorized interference with the private and personal life of the data subject. Personal data that are voluntarily provided by the Buyer to the Seller for the purpose of fulfilling the order and the Seller's marketing campaigns are collected, processed and stored in accordance with the applicable laws of the Czech Republic, in particular Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
Otherwise, Fuski BOMA s.r.o. does not sell or rent personal data to third parties.
Personal data is stored in a secure database. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The Buyer agrees to the storage of so-called cookies on his computer in order to facilitate the provision of information society services in accordance with the provisions of Directive 95/46/EC on the purpose of "cookies" or similar tools and it is ensured that users are aware of the information that is stored on the terminal equipment they use. Users have the option of refusing to have "cookies" or similar tools stored on their terminal equipment, e.g. by activating the anonymous browsing functionality in their browser. In the event that a purchase on the website can be made and the Seller's obligations under the purchase contract fulfilled without the storage of so-called cookies on the Buyer's computer, the Buyer may withdraw the consent in accordance with the previous sentence at any time.
10. Operating hours
Orders via the online store www.fuski.eu: 24 hours a day, 7 days of the week.
In the event of an information system failure or force majeure, the seller is not responsible for failure to comply with operating hours.
The opening hours of the headquarters are listed at www.fuski.eu in section Contacts.
11. Warranty conditions
The warranty conditions for goods are governed by the Complaints Procedure and the relevant legal regulations of the Czech Republic. The proof of purchase usually serves as a warranty certificate.