Business Terms& Conditions
Business terms and conditions for the e-shop of www.mirotrac.com
1. Opening Provisions
These Business Terms and Conditions apply to purchases of goods performed in the Czech Republic and abroad through the online store of www.mirotrac.com
• For Regular Purchasers (hereinafter referred to as the "Purchasers" only), Employees of www.mirotrac.com, and for Business Partners of www.mirotrac.com, (hereinafter referred to as the "Partner" only) buying from the online store – the purchased goods are sent by www.mirotrac.com
registered address: Krasová 155, Krasová, ZIP: 679 06
represented by Miroslav Křeček - Owner
IČ (Company identification number): 01926934
Banking information: AirBank a.s., Czech Republic.
Account number: 1015656023/3030
Phone: +420 737 608 898
hereinafter also referred to as „Seller“
An individual person or business entity purchasing goods or products from the online store of www.mirotrac.com
Contractual relations shall be subject to valid regulations of the Czech Republic and to the applicable Czech legislation. By submitting a binding order, the Purchaser expresses an agreement with these Business Terms and Conditions, as well as with the relevant Payment Conditions and agrees to fully respect them.
2. Ordering method and conclusion of a purchase contract
Goods are ordered by filling out the relevant forms available at the online store. Only a properly filled out order form including all required information is considered valid. Orders placed on the online store are considered binding. The Seller is not responsible for errors in the order form made by the Purchaser. Important information is always: the relevant order numbers and not a message or accompanying text of the order.
By sending the order, the Purchaser confirms that he is familiar with these Business Terms and Conditions and that he agrees with them.
By sending the relevant order the Purchaser accepts the price of the goods, the selected method of shipping, as well as payment conditions.
The Seller reserves the right to request the Purchaser to provide him with a written order authorization.
A submitted order shall be considered as a proposal for a regular purchase agreement. The place of the goods delivery is the address specified by the Purchaser on the order form. Ownership rights relevant to the ordered goods shall be transferred from the Seller over to the Purchaser when the goods are delivered and accepted by the Purchaser and when the purchase price is paid in full.
2.A Subject of the order and Seller's obligations
The subject of the relevant purchase contract shall represent the ordered goods only, as specified on the order form, and which shall be delivered. The Seller is obligated to deliver the ordered goods in perfect condition and in accordance with specifications or properties common for the particular type of goods. User guide is not a part of the delivery based on the product character which is still a semifinished product intended for further processing by purchaser. Product details are published over www.mirotrac.com (pictures, movies, datasheets, basic assembly guides).The Seller is obligated to fulfill his obligations as required and in time, while exerting proper care and effort. He is also obligated to use his best and adequate efforts to protect the interests of the Purchaser.The Seller shall have the right to reject the order, provided that the Purchaser repeatedly fails to comply with his obligation to pick-up/accept the ordered goods or to pay the relevant purchase price. The Purchaser shall always confirm on the order form that he is 18 the years of age or older.
2.B Obligations of the Purchaser
The Purchaser is obligated to specify the correct and complete delivery address, where he wishes to receive the ordered goods.The Purchaser is obligated to pick-up/accept the ordered goods and pay the relevant purchase price, including shipping fees (if any). The total and final price of the ordered goods is calculated and presented to the Purchaser before he confirms the relevant order. The price includes shipping and handling fees.
2.C The price
The price of the goods represents the listed catalog price in EUR (the price in the catalog includes the relevant VAT). Price level might change but is valid in time of order of the Purchaser. Unless specified otherwise, the listed prices shall apply to the selected type of goods - corresponding with the description of the goods. If the ordered goods are shipped by the selected courier, the total price of the ordered goods shall be automatically added with the relevant shipping fee specified in the current and valid price list of the selected courier. In certain cases there might be FREE SHIPPING applied automatically.
3. Delivery conditions
3.A Time schedule for goods deliveries
The ordered goods shall be delivered to the Purchaser within 30 working days (valid for countries which e-shop www.mirotrac.com allows to finalise the order – almost whole EU) after the order has been issued by the Purchaser. E-shop www.mirotrac.com does not keep any stock and products are manufactured directly to your order.
3.B The shipper
The selected courier provides the shipping. The ordered goods are considered an Insured Parcel, and shall be delivered within 3-5 working days - in the territory of EU, after the notification specifying that the shipment was sent out is received by the Purchaser.
The Seller reserves the right to determine or change the shipping method, based on the volume and weight of the goods, or due to security issues. A possible change in the shipment method shall have no effect on the agreed shipping and handling fees.
3.C Shipping fees
E-shop www.mirotrac.com automatically counts the shipping fee. Some orders might have FREE SHIPPING.
3.D Goods pick-up and acceptance
The Purchaser is obligated to accept/pick-up the goods and to inspect the integrity of the packaging focusing on damages and the number of packages. If he discovers any damages or defects, he is obligated to notify the shipper about it immediately. The necessary complaint procedures with the shipper shall begin immediately. A copy of this complaint report shall be sent to the Seller without undue delay. Complaints filed late will not be taken into consideration. Should the Purchaser discover damages or discrepancies, we highly recommend rejecting the shipment and not accepting it! By signing the relevant shipping document, the Purchaser accepts the ordered goods and confirms that the order complies with all conditions and requirements specified above. Complaints filed later, after the package is accepted, will not be taken into consideration.
4. Form of payment:
Payment for the goods has to be made by BANK WIRE or over PayPal (CREDIT/ DEBIT CARD PAYMENT PORTAL) to which the Purchaser will be automatically re-directed after he accepts the order and form of payment. Payment for the goods in e-shop www.mirotrac.com is always an advanced payment due to goods needs to be manufactured.
5. Withdrawal from the purchase contract
The Purchaser (Employee or Business Partner) shall have the right to withdraw from the relevant purchase contract no later than within 14 days after he accepted the ordered goods. During this time, the Purchaser is obligated to return the purchased goods back to the Seller in good condition, without any damages and without any signs that may suggest that the goods were used, and in the original packaging. The Purchaser is obligated to inform the Seller about his intention to withdraw from the purchase contract by sending the relevant message to the e-mail address firstname.lastname@example.org.
When the returned goods are received, the Seller shall immediately refund the purchase price using the agreed refund method (bank transfer). In the case of the Purchaser's withdrawal from the purchase contract, the Seller shall have the right to charge the Purchaser the actual expenses in connection with the order processing (shipping and handling fees, material expenses) pursuant to Act No. 53 Item 10) Act No. 40/1964 Coll., of the Civil Code.
6. Other provisions
In cases where the Seller is unable to fulfill the order because:
- the goods have been taken from the production and may not be delivered
- the supplier price changed significantly
- goods are not delivered to the Czech Republic or are temporarily unavailable
in such case, the Purchaser will be immediately contacted and future steps shall be agreed, including the possibility to withdraw from the purchase contracts or from part of the contract.
6.A Price of goods
The Seller reserves the right to modify his prices at any time. Valid prices are confirmed at the time of purchase, when the relevant order is confirmed. If the price exceeds the price specified on the order, the Seller shall notify the Purchaser about it immediately. The Purchaser may accept or reject the new price. Pictures of some products may be for informative purposes only.
6.B Not accepted or not picked up goods
Should the Purchaser reject the goods without specifying any reasons for doing so, the Seller shall have the right to charge him a contractual fine in the amount of 10% of the invoiced price, as well as the original value of the parcel, return shipping and handling fees.
6.C Dispute solution
Realized orders are considered business activities concluded in the Czech Republic and, therefore, are subject to the relevant legal code of the Czech Republic.Both participating parties agreed to solve any disputes that may arise between both parties in a friendly and amicable manner.
6.D Use of registered data
The Purchaser is aware that by purchasing the goods offered by the Seller, he is not entitled to use any ownership rights and trademarks, business names, company logos or patents belonging to the Seller or to other companies, unless specified otherwise.
7. Personal data protection
Personal data such as the name, address, date of birth, telephone number, e-mail, IČ (Company identification number) and DIČ (Company tax identification number), etc, which are part of the order or which were entered during the registration process are considered as confidential and must be protected against unauthorized use pursuant to Act No. 2016/679 (GDPR), the Personal Data Protection Act. This Purchaser information and data will not be shared with third persons, except those persons who are directly involved in order processing procedures (operators, shippers, etc.). However, information with these persons will only be shared within the necessary extent. The Purchaser agrees with the collection and archiving process of his personal data and information relevant to orders placed through the online store in accordance with the above-described regulations. The Seller is obligated to delete from his database all Purchaser information, if the Purchaser requests it in writing.
The operator of the online store belonging to the www.mirotrac.com,reserves the right to send special sales information to registered Purchasers. If the Purchaser does not wish to receive special promotion and sale information (assortment, and price information), he shall notify www.mirotrac.com.
Contact information of www.mirotrac.com: Krasová 155, Krasová, ZIP: 679 06
8.A The Purchaser
By signing the shipping document, the Purchaser expresses his agreement with the warranty conditions and regulations. The Purchaser is obligated to inspect the goods immediately after delivery and to inform the Seller about discovered defects in a timely manner. Should the Purchaser discover differences or discrepancies between the goods specified in the shipping document and the goods actually delivered (for example the type or the number of items) or if he receives incorrect shipping documents with his order, he shall notify the Seller in writing about it in timely manner but no later than within three days after the incorrect delivery. The incorrect or defective order shall be shipped back to the Seller at the Purchaser's expense. The Purchaser shall describe the nature of the defect as clearly as possibly, as well as the symptoms of the defect and attach the invoice or other accounting receipt or documents, including phone number and e-mail address.
8.B The Seller
The letter shall decide about the claim/complaint no later than within three working days after the defective goods are delivered back to him and he shall notify the Purchaser about his decision using the agreed communication method. The complaint shall be processed without undue delay but no later than within 30 days after the claim was filed, unless both contracting parties agree otherwise. Should the claim be justified and the goods still covered by the relevant warranty policy, the shipment of the repaired or new goods back to the Purchaser shall be paid by the Seller.
8.C Cessation of the right to file a complaint/claim
The right of the Purchaser to file a complaint/claim shall cease to exist if: protective seals or stickers (if any) have been tampered with or are damaged due to unprofessional installation, use or handling methods or procedures that are against the instructions contained in the relevant user's manual, if the goods were used under conditions that do not comply with conditions specified in the relevant documentation or the user's manual or are against common or regular methods of use, if the goods were damaged by excessive use or overload and which are again in contradiction to the user's manual - if a manual was supplied with the ordered goods. If the complaint/claim is not justified the claim shall be rejected and the goods returned back to the Purchaser at his own expense, or the cost of the repair will be invoiced to the Purchaser. The Purchaser must be notified in advance that the repair is not covered by the warranty and that the Purchaser is obligated to pay for it.
9. Closing provisions
The text of these Business Terms and Conditions shall be valid and take legal effect on the day when the electronic order is posted.
These Business Terms and Conditions, applicable to the e-shop of www.Mirotrac.com shall take legal effect on the day when the online store is put into operation. The operator reserves the right to change or modify these Business Terms and Condition without any advance notice.
These Business Terms and Conditions shall take legal effect on April 1st, 2020.