General terms and conditions

1. Basic information

   Company:
   ADOZ, s.r.o., K Ochozi 662, 593 01 Bystřice nad Pernštejnem
   Reg. no.: 46345876, Tax id. no.: CZ46345876
   The Company is entered in the Commercial Register kept with the Regional Court in Brno, Section C, Inset 5678. The Company is a VAT payer

   Bank contact:
   ČSOB, a.s., BIC:CEKOCZPP
   For payments in CZK: 108062553/0300, IBAN: CZ16 0300 0000 0001 0806 2553
   For payments in EUR - IBAN: CZ60 0300 0000 0001 9391 3454
   For payments in USD - IBAN: CZ90 0300 0000 0002 1797 9002

   Company branches:
   ADOZ, s.r.o., Pražská 32, 400 01 Ústí nad Labem
   ADOZ, s.r.o., Trnkova 3040/117d, 628 00 Brno - Líšeň
   ADOZ, s.r.o., Pod Višňovkou 1661/33, 140 00 Praha 4-Krč
   ADOZ, s.r.o., Prokopa Velikého 390/15, 703 00 Ostrava-Vítkovice

   Definitions:

   1. The Company is understood to be ADOZ, s.r.o.
      (Hereinafter also the Supplier or the Seller)
   2. The Customer is understood to be a party with which the Company trades or concludes a business case
      (Hereinafter also the Purchaser, the Ordering party, or the Recipient)

2. General provisions, applicability:

   1. These general terms and conditions (sales and delivery) apply to all contracts concluded between the Company and the Customer, even if later contracts are concluded without reference to these conditions or with the conditions not enclosed.
   2. These general terms and conditions are of exclusive validity. Purchasing conditions of the Customer, as well as other contractual conditions, are herewith rejected, unless explicitly accepted by the Company in writing. The acceptance of deliveries and acts of the Company is considered to mean approval of these conditions.

3. Offer and contract conclusion

   1. Offers of the Company, made orally or in writing, are not binding.
   2. Contracts, agreements, and other conventions are binding only after being confirmed by the Company in writing. If a contract is not confirmed by the Company in writing, a delivered invoice is considered to be confirmation of the contract. Changes and amendments to contracts must be made in writing.
   3. A contract is considered concluded on the day it is signed by the Company. If the contract changes the Customer’s requirements included in an order submitted by the Customer, it is considered concluded on the day it is signed by the Customer. If the Customer does not dispute a divergent confirmation of the contract within 14 days, it is understood that the Customer agrees with the conditions confirmed by the Company, and the contract is considered concluded on the day it was signed by the Company.
   4. If the Customer withdraws from the contract not due to the Company breaching the contract, the Customer is obliged to pay all costs and expenses incurred by the Company as a consequence of such a withdrawal.

4. Prices and payment conditions

   1. Unless otherwise agreed, prices given by the Company are valid for the Company’s individual establishments. Costs related to the transport or delivery of goods to the Customer will be invoiced by the Company separately. The carrier and transport route will be determined by the Company.
   2. Unless otherwise agreed, prices are given in CZK, excluding VAT. VAT is added to each price according to the currently valid rate.
   3. In the case of any change in a proposal or specification required by the Customer after an offer has been submitted or a contract concluded, the Company is entitled to make an appropriate change in the proposed or contractual price.
   4. If a significant change in cost factors occurs between the contract conclusion and the delivery date, such as a considerable change in the rate of exchange, in purchasing prices, in transport, etc., the price agreed may be modified in conformity with the influence of key cost factors.
   5. The purchase price should be paid according to an invoice (tax document) which the Company is entitled to issue on the day the goods are released from the warehouse or an act is performed.
   6. Unless otherwise agreed, invoices (tax documents) are due 14 days from the date of issue. Payments will be made in cash or by bank transfer. An invoice is considered settled on the day the cash is accepted or payment is credited to the Company’s account. If a payment is overdue, the Company is entitled to charge an interest on late payment of 0.03 % of the amount overdue per day.
   7. If the Customer is late with payment for previous deliveries, or if Customer’s financial situation significantly worsens (bankruptcy, property or other settlement, etc.), the Company is entitled to withdraw from the contract if the contract is not yet fulfilled and the Customer does not settle payments due within one week after being called on to do so. In case of payment delay, the Customer’s unsettled payments from bilateral business will be due immediately.
   8. Mutual obligations and claims of the Company and the Customer may be offset only upon a mutual written agreement. Bills of exchange and cheques are considered realised only after being cleared.
   9. An invoice must be issued and a payment made in a currency specified in the contract.

5. Risk and title

   1. Risk and related responsibility for the loss or damage of goods will pass from the Company to the Customer on the day the delivery is completed, i.e. on the day the goods are handed over to the first carrier or a designated person.
   2. All goods remain in the ownership of the Company until the claim is fully settled (including potential interest on late payment and costs related to the payment collection).
   3. The Company may reclaim products at any time if the title does not pass to the Customer, and the Customer herewith grants the Company consent to access the Customer’s premises in order to reclaim goods, the ownership of which has not yet passed on to the Customer. Upon Company’s requirement, the Customer shall store such goods separately from other goods and shall ensure the goods are clearly marked as the Company’s goods.
   4. Goods delivered by the Company are recommended to be assembled by specialised personnel.

6. Quality and documentation

   1. Deviations from dimensions, quantity, and quality are permissible according to ČSN, EN, ISO, DIN or valid regulations under which the goods are delivered.
   2. If the goods are delivered according to drawings or other specification of the Customer, parameters and deviations given in such a specification, which forms an integral part of the contract, are applicable after being approved by the Company.
   3. If the Customer requires a quality control certificate, quality system or environmental certificate, declaration of the provision of technical requirements on a product, etc., such a requirement must be included and specified in the contract.

7. Delivery times, goods delivery, packaging

   1. A delivery time starts on the day of the contract’s conclusion.
   2. Delivery times agreed upon apply only on condition that all provisions of the contract are clarified on time and all contractual obligations are fulfilled by the Customer on time.
   3. The deciding date for meeting delivery times is the dispatch date from the Company. The Customer is entitled to withdraw from the contract due to a delivery delay only after giving a reasonable additional time to the Company of at least two weeks, and informing the Company about the intention to withdraw from the contract.
   4. If the parties come to an agreement, the Company shall provide the goods delivery to the Customer. If the place of delivery is not specified in the contract, it is considered to be the Customer’s company address; if the Customer’s company address is not specified, the place of delivery is considered to be the Customer’s address.
   5. If the goods are to be delivered to a place other than the Company’s address, the Company is entitled to payment for the goods’ transport. A valid carriage pricelist may be found here.
   6. The Customer is obliged to ensure that a person authorised to accept the goods is present in the place of fulfilment at the time agreed.
   7. The person authorised to accept the goods in the Customer’s place is obliged to confirm the acceptance in an appropriate document of the Company or the carrier.
   8. Unless otherwise specified by an individual purchase contract, the Company is entitled to deliver the goods before the agreed fulfilment deadline, and in justified cases also in the form of partial deliveries, and the Customer is obliged to accept goods delivered in this way.
   9. Returnable packaging is understood to be packaging which was marked as such when delivered to the Customer.
   10. When returning packaging, the Customer is obliged to specify the number of the tax document or delivery note in which the delivery of such packaging was marked.
   11. If an order is made on the basis of the Company’s offer, the offer’s number must be given. If the number is not given, the Company may not guarantee that conditions specified in the offer will be fulfilled. The Customer shall not be entitled in any way to correct the order.
   12. No packing fee is charged.

8. Goods ordered in e-shop

   1. The list of goods given on the website www.adoz.cz, or eshop.adoz.cz, is a catalogue of regularly delivered goods. The Company cannot guarantee immediate availability of all items. The goods are delivered with intermediate sale excepted. The goods’ availability will always be confirmed upon demand.
   2. To make an order, the Customer shall select goods, fill in the order form properly, and send the order. The order of goods sent is a proposal for the conclusion of a purchase contract. The order serves further as the goods reservation.
   3. The Company reserves the right to make changes in the proposal for the conclusion of the purchase contract (order). These changes will be introduced to the Customer before the order is confirmed by the Company.
   4. The Customer may check the prices of individual items. Transport prices and other fees are given here.
      Before the order is sent, the total price of the goods without transport costs and related fees will be calculated, and the Customer shall be asked for approval.
   5. Order cancellation
      Both the Customer and the Company may, without giving the reason, cancel the Customer’s order before the order is confirmed by the Company. If the order is cancelled by the Company, the Company usually gives the reason why the order cannot be confirmed. The order may be cancelled after the purchase contract has been concluded only by prior agreement of the Company and the Customer and under mutually negotiated conditions.

9. Delivery of goods ordered in e-shop

   1. The automatically generated confirmation of the order receipt to the Supplier’s system is not a binding confirmation of the order, but only an electronic confirmation marked as “final order confirmation” sent by the Company, in which the Company confirms the order content, particularly the type of goods, number of pieces, price for the goods and transport, and delivery time and mode. At the moment of the confirmation, the purchase contract is concluded. Provisions of this article apply only to purchase contracts concluded for mail order business, not for personal purchase.
   2. Delivery time
      Depending on the goods’ availability and operating conditions, the goods ordered will be delivered by the Company within the shortest possible time by post or a carrier company, usually within 2-5 working days (if the goods are in stock) from the binding order confirmation. Unless otherwise stated, the goods are considered to be delivered when delivered to the address specified by the Customer in the order.
   3. Mode of transport
      Unless otherwise agreed, transport to the address specified is provided by the Company. The Company shall determine the mode of transport with respect to the lowest transport costs possible.
   4. Payment for the goods
      The Customer has several options for paying the purchase price. The goods may be paid for in full personally in the Company’s establishment, in cash on delivery in the place of delivery performed by a contractual mail order service, or by a bank transfer to the Company’s account with an appropriate variable symbol identifying the payment.
      The shipment with the goods always contains a tax document and delivery note. If the Customer requires the tax documents to be sent to an address other than the delivery address, this must be explicitly stated in the order.
   5. Goods receipt
      The Customer is obliged to check the goods immediately upon receipt. If mechanical damage of the packaging is detected, the Customer is obliged to check the condition of the goods in the presence of the carrier. If the goods are found to be damaged the Customer is obliged to draw up a report on the shipment damage and have it signed by the carrier.
      The Customer is entitled to reject damaged goods. By signing the delivery note of the carrier the Customer agrees with the goods receipt and confirms that the goods arrived without mechanical damage. Later complaints about damage caused during the transport may not be taken into account and will be rejected. In case of a justified complaint, the price for the goods may be refunded, or replacement goods may be delivered. In the case of a justified complaint, the Customer is entitled to postage compensation.
   6. Communication between the Customer and the Company
      Unless otherwise agreed by the parties, further communication between the Company and the Customer will be made by e-mail.

10. Personal purchase of goods ordered in e-shop

    1. If the Customer orders the goods from the e-shop and purchases them personally, the Company only confirms that the goods are reserved for the Customer in a particular establishment.
    2. The goods will be reserved for the Customer in the Company’s establishment for two working days after the Customer has been called on to purchase the goods. The Customer is entitled to check the goods in the Company’s establishment before concluding the purchase contract.
    3. In the case of a personal purchase of the goods in the Company’s establishment, the purchase contract is understood to be concluded only after the purchase price has been paid in full and the Customer has accepted the goods.

11. Withdrawal from the contract

    1. Customer’s right to withdraw from the contract
       The Customer is entitled to withdraw from the contract if the Company does not fulfil agreed delivery conditions.
       Every Customer purchasing the goods from the e-shop but not within their business or other entrepreneurial activities is entitled, in compliance with § 53, par. 7, and § 54 of the Civil Code, to withdraw from the contract within 14 days of accepting the goods. If the Customer decides to do so, the goods must be returned undamaged, unused and not worn, in original packaging including all supplied accessories. After receiving such returned goods, the Company shall refund the Customer appropriately in a mutually agreed way within 14 days of receiving the returned goods.
       The right to withdraw from the contract as specified above does not apply to the Customer who has purchased the goods personally in the Supplier’s establishment, i.e. through “personal purchase”, regardless of whether or not the Customer reserved the goods on www.adoz.cz or eshop.adoz.cz.
    2. Company’s right to withdraw from the contract
       The Company is entitled to withdraw from the contract only before dispatching the goods, and only if the goods are unavailable or a substantial change of price of the goods has occurred. However, before withdrawing from the contract the Company is always obliged to contact the Customer in order to reach an agreement on further action.
    3. The Company reserves the right to cancel an order or part of an order if it is unable to deliver the goods required in the agreed quality or quantity, or at the agreed price, or if such an order presents serious deficiencies preventing the purchase from being concluded. If such a situation occurs, the Company shall inform the Customer immediately in order to reach an agreement on further action. If the Customer has already paid the purchase price, the Customer shall be refunded the amount paid in a mutually agreed way.
    4. Procedure of withdrawing from the contract
       Since, in the case of withdrawal, the contract is cancelled in its entirety, the Company shall return or compensate to the Customer and the Customer shall return or compensate to the Company all accepted fulfilments.
       The Customer may withdraw from the contract by informing the Company of this in writing, electronically, or in writing in the Supplier’s establishment.
       When withdrawing from the contract, the Customer shall state the order number, variable symbol of the invoice (tax document), and purchase date, and submit an original proof of the goods’ purchase.
       If the Customer has already received and accepted the goods, the Customer shall send the goods back at its own expense to the Company’s establishment, where the Company shall, without unnecessary delay, assess the condition of the goods returned.
       If the goods are returned to the Company in other than undamaged condition, the Customer is obliged to pay the costs related to returning the goods to their original condition and repairing the damage (incomplete content, damaged packaging, worn-out goods, etc.).
       If withdrawing from the contract, the Company is obliged to refund the Customer the purchase price or the part of this price already paid.
       The Customer shall be refunded the purchase price or the part already paid as soon as possible, but no later than 14 days after the goods have been returned.
    5. Dates:
       Sale: The dispatch date is the date on which the goods are prepared in the appropriate Company establishment. The goods may be collected personally on this date. If the transport is provided by a carrier, it is the date on which the goods are handed over to the carrier.
       Purchase: The delivery date is the date by which the dispatching of the goods from the Supplier’s warehouse is required.

12. Principles of personal data processing

    1. The processing of personal data in our company corresponds to the obligations imposed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC - General Regulation on Personal Data Protection (GDPR). More info.

13. Force majeure

    1. The Company shall not be considered in delay in fulfilling its obligations if such a delay, of the Company or of subcontractors, has been caused by force majeure circumstances, such as a war, natural disasters, a strike, a shortage of raw materials or energy, and other unpredictable and unavoidable circumstances, which have occurred during the fulfilment of the contract and have prevented the Company from meeting its obligations.
    2. The deadline for fulfilling obligations for both parties will be extended by the length of the duration of the force majeure circumstances. If the contract affected is extended due to such circumstances by more than two months, either party is entitled to withdraw from the contract without the Customer being entitled to any damages.

14. Guarantee

    1. After the goods’ delivery the Customer is obliged to check the goods immediately and claim possible defects of the delivery in writing. The complaint must include these particulars as minimum: invoice (contract) number, goods marking, delivery note number, and defect description.
    2. The Company provides a guarantee for its goods, the duration of which is specified in the guarantee card (if included) for every product. If no guarantee card is available, then the guarantee period will be 24 months from the date of sale. A guarantee period longer than that specified in the guarantee card may not be negotiated.
    3. The goods accepted by the Company as defective and returned by the Customer will be either compensated with a credit note, or replaced free of charge in the same version/make as specified in the contract. Further claims to the provision of a guarantee or to compensation due to defects are excluded, even if they are granted by law.
    4. In any case, claims for damage incurred due to defective or delayed deliveries will be limited up to the purchase price of the appropriate delivery.
    5. The guarantee will expire if the goods:
       1. Have been damaged due to a breakdown of equipment of which the goods were part, and the breakdown has not been caused by a defect of the goods;
       2. Have been modified, changed, or repaired in any way without the Company’s approval;
       3. Have been used for purposes other than those for which the goods are suitable according to their technical parameters, have been loaded excessively, or have been used in unsuitable operating conditions;
       4. Have been damaged due to incorrect or inexpert assembly or due to non-observance of generally applicable principles and procedures for the given type of work;
       5. Have been damaged due to improper handling or storage;
       6. Have been damaged due to other circumstances beyond those processes falling under the Company’s control.

15. Safety Data Sheets

    1. Products of the ML (lubrication & industrial chemistry) and MP05 (lubrication equipment) groups are subject to the requirements of Act no. 356/2003 Coll., on chemical substances and chemical preparations, §23 Safety Data Sheets.
    2. Individual Safety Data Sheets are available on request upon the purchase of the above-specified goods (the SDS will be printed upon request), or on the Company’s website in the “Products” section.

16. Final provisions

    1. If any provision of these terms and conditions becomes ineffective, the remaining provisions of these terms and conditions will remain valid. In that case the contractual parties undertake to replace such invalid provisions with new ones which will be as close as possible to the required economic purpose.
    2. The contractual relations will be governed by laws of the Czech Republic. All disputes resulting from or occurring in connection with the contract will be dealt with by a commercial court of law which is locally appropriate according to the Company address, with the Czech version of these terms and conditions as the decisive one.

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