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Conditions

Terms and conditions of the www.4Xrack.com internet shop

1. GENERAL PROVISIONS AND DEFINITIONS

1.1. These terms and conditions are issued by the company 4X a.s., with its registered office at Praha 4, Na Vítězné pláni 1719, Postal Code 140 00 (hereafter referred to as the “seller”).

1.2. These terms and conditions define and specify rights and obligations within the legal relations arising from the sale of the goods between the seller and the buyer in the www.4Xrack.com internet shop.

1.3. The seller is the operator of the 4X a.s. internet shop, with its registered office at Praha 4, Na Vítězné pláni 1719, Postal Code 140 00.

1.4. The seller is an entity acting within the scope of its trade or other business activity when entering and performing an agreement according to these conditions. It is a business entity that provides the goods or services to the buyer directly or through other business entities.

1.5. The buyer is an entity acting within the scope of its trade, production or other similar activity, or within the independent exercise of its business activities pursuant to respective effective legal regulations, or entity acting on behalf of such entity (hereinafter the “buyer”) when entering and performing an agreement concluded with the seller. For avoidance of any doubt, only the entity that shall prove itself by a valid Identification number to the seller shall be deemed as the buyer.

1.6. The internet shop is operated by the seller at the internet address www.4Xrack.com, through the web interface (hereafter referred to as the “internet shop”).

1.7. All legal relations shall be entered into an accordance with the legal order of the Czech Republic. Relations not governed by these terms and conditions shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereafter referred to as the “Civil Code”). These terms and conditions regulate relations between business entities and exclude the buyer to be a consumer, therefore these terms and conditions and all transactions contemplated hereunder shall not be governed by the respective provisions of the Civil Code or the respective legal regulations regarding consumer protection.

1.8. Proposal of purchase agreement means the binding order of the buyer. The purchase agreement shall be concluded at the moment of delivery of a binding consent of the seller with the order to the buyer (hereafter referred to as the “agreement”). Any mutual rights and obligations between the buyer and the seller in accordance with the agreement shall be governed by these terms and conditions from the moment of the conclusion of the agreement.

2. REGISTRATION

2.1. Every buyer shall be registered with the seller, whereby the buyer shall state the following information in the registration: email, password, business name, Identification number or Tax identification number, valid telephone contact, billing address and delivery address (should it differ from the billing address).

2.2. On the basis of the registration, a registration number shall be assigned to the buyer. The buyer shall use such registration number for the purpose of any further communication with the seller.

3. INFORMATION REGARDING THE EXECUTED AGREEMENT AND THE TERMS AND CONDITIONS

3.1. By execution of the agreement the buyer confirms that he has acknowledged these terms and conditions, and agrees with them. The buyer has been notified adequately of these terms, conditions and warranty guidelines before the conclusion of the agreement and has had the ability to acquaint himself with these. These terms, conditions and Warranty Guidelines form an integral part of the executed agreement.

3.2. The agreement shall be executed in the Czech language. The agreement might be executed in any other language that is comprehensible for the parties, or, in the bilingual version, there shall be no conditions preventing such an execution on the side of the buyer or the seller. The Executed agreement shall be archived by the seller for the purposes of its successful fulfillment and shall not be disclosed to any third party. Information regarding particular technical steps leading to the execution of the agreement are evident from the order process in the internet shop, and the buyer has been able to check and (if need be) change the order before its dispatch. These terms and conditions are displayed on the web pages of the internet shop, thereby its archival and reproduction has been made available to the buyer.

4. ORDERS

4.1. By filling and dispatching of an order made through the internet shop, the buyer confirms the binding nature of the order; and has consented with these terms, conditions and warranty guidelines. The buyer shall be informed of the acceptance of an order by a confirmation email, should he enlist a valid email address. Should the buyer not receive the confirmation email with a copy of an order within two business days, he shall contact the seller by phone or email.

4.2. Confirmation email regarding the acceptance of the order into the system shall not be deemed a binding confirmation of the order. Binding confirmation of an order shall be sent by the seller to the buyer at the email address stated in an order or told over telephone after the verification of the availability and delivery date of the requested goods.

4.3. Should the goods ordered by the buyer not be available, or should it not be possible to meet the stated delivery date, the seller shall inform the buyer via email. Should the buyer cancel the order within 24 hours, the order is deemed canceled. Cancellation of an order shall be made via email or telephone by the seller. The cancellation made via email shall contain registration number, business name, email address and description of the goods included in the order being canceled by the buyer.

4.4. Delivered orders (along with the binding confirmation of the order) are available upon request from the seller in electronic form.

5. ORDER CANCELLATIONS

5.1. The buyer is entitled to cancel the order without any reason at any time before the binding confirmation of the order by the seller thereof. Corrections of mistakes included in the order may be made by sending a new order. After binding confirmation of an order, a cancellation shall be made only if the seller fails to fulfill the agreed terms of the delivery. In case of cancellation of a confirmed order, the buyer shall pay to the seller damages originated from the cancellation. The seller may exercise its right for damages, particularly in case of a purchase of goods “on demand,” which was necessary to acquire upon request of the buyer, or in case of already incurred expenses in relation to the obtaining of goods, such as unnecessary transportation, etc. Such expenses shall be considered as damages incurred by the seller.

5.2. The seller reserves the right to cancel an order in the following cases: the goods are no longer being produced or sold, or the price of the goods have changed significantly and the seller does not agree with this change . Should such a situation occur, the seller shall contact the buyer without delay for the purpose of an agreement upon further procedures. In case the buyer has already paid, the purchase price shall then be paid back to his account in the shortest possible time, within no later than 10 business days.

6. PROCEEDING THE ORDER

6.1. In case of any discrepancies, the seller or his authorized representative has the right to contact the buyer using the contact information provided by him. Should it be not possible to contact the buyer via phone or email stated in the order because of invalid contact information or because the buyer did not correct the information following previous notification from the seller; then the order shall be canceled.

7. PAYMENT METHODS

7.1. The price of the goods and possible costs related to the delivery of the goods under the agreement shall be paid by the buyer to the seller in one of the following ways:

(1.1.a) Up-front payment by a way of wire transfer – In case of wire transfer payment, the buyer shall be informed in writing or by phone on the status of his order (see above), and shall be provided all necessary information for the transfer of the corresponding amount in favour of the seller's account. After the amount is credited to the seller's amount, the goods shall be sent to the billing or delivery address stated in the order;

(1.1.b) Payment by invoice with delayed maturity is possible after individual agreement between the seller and the buyer, usually after multiple purchases upfront and with insurance of the receivable.

7.2. In addition to the purchase price, the buyer shall pay any costs related to packing and delivery of the goods in the agreed amount to the seller. Unless explicitly stated otherwise, the purchase price equals the price of the goods plus any related delivery costs.

7.3. In the event of a non-cash payment, the buyer shall state the variable symbol of the payment. Any obligation of the buyer for the payment of the purchase price shall then be fulfilled at the moment on which the respective amount is credited to the seller's account.

8. TRANSPORTATION AND DELIVERY OF GOODS

8.1. Prices of goods stated on the www.4Xrack.com website are Ex Works (EXW) prices, and therefore do not include delivery costs, insurance or customs. If the seller secures (orders) the delivery in accordance with the buyer's requests, then any delivery costs shall be paid by the buyer.

8.2. The delivery date is usually the following business day.

9. OPENING HOURS

9.1. The goods shall be taken over every business day from 7am to 2pm, or upon the previous agreement via telephone at the expedition store of the seller.

10. WARRANTY

10.1. The Warranty Guidelines issued by the seller form an integral part of these terms and conditions and are stated below in unabridged text.

11. PURCHASE PRICE AND VAT

11.1. The seller is obliged to pay VAT. The prices stated on the website of the internet shop are without VAT. The prices of the goods include a “liquidation of electronic waste” fee.

12. SALES, PAYMENT AND ATTACHMENT OF RISK OF DAMAGES

12.1. The seller is the owner of the goods and sells the goods to the buyer.

12.2. For buyers with special price tariffs, the prices are visible only after signing in on the internet shop.

12.3. Risk of damage to the goods becomes the buyer's responsibility following the moment of handover to the first carrier for transportation to the place of delivery.

12.4. Should the dispatch or takeover of the goods become delayed on request of the buyer or as a result of reasons the seller cannot influence, the risk of damages shall attach to the buyer the moment the goods were scheduled to have been handed over to the buyer (or dispatched from the factory of the seller) as planned. From this moment, the goods shall be stored and insured on behalf and at the risk of the buyer.

13. PROTECTION OF PERSONAL INFORMATION

13.1. The seller is governed by Act No. 101/2002 Coll., on protection of personal information, during its activities. All data provided by the buyer are kept and protected against misuse and are being provided to third party. Data of the buyer shall be used by the seller and exclusively for the purposes of statistical use and direct communication with the buyer.

13.2. By using the internet shop, the buyer agrees to the collection and use of information regarding his purchases under the aforementioned conditions.

13.3. The buyer has the right to revoke its consent regarding use of personal information in writing at any time.

13.4. The buyer acknowledges that he shall state its personal information truly and correctly and shall inform the seller of any changes regarding personal information without undue delay.

14. COMMON AND FINAL PROVISIONS

14.1. The contractual relationship originated from this agreement entered into by and between the seller and the buyer shall be governed by the laws of the Czech Republic, particularly by the Civil Code.

14.2. All disputes arising from obligations between the seller and the buyer shall be decided with final authority by the courts of the Czech Republic, having functional jurisdiction, while territorial jurisdiction shall be determined by the registered office of the seller. The buyer and the seller hereby explicitly exclude the application of all provisions of the Vienna Convention on international sale of goods on all mutual obligations, with the exception of the provisions of the Vienna Convention, whose application cannot be excluded.

14.3. Should any provision of these terms and conditions become invalid or ineffective, said provision shall be replaced by a provision with a meaning close to the meaning of such invalid or ineffective provision. Ineffectiveness or invalidity of any provision shall not impair the validity or effectiveness of the other provisions. Alterations and supplements of the purchase agreement or these terms and conditions shall be made in writing.

14.4. The seller is entitled to alter or supplement the wording of these terms and conditions.

14.5. In case of any differences between the Czech and English lingual versions of these conditions, the Czech version is decisive.

14.6. These terms and conditions become effective on 1. 4. 2015, whereby the terms and conditions are always effective in the wording as available on the internet shop website (www.4Xrack.com) on the date of execution of the agreement.

WARRANTY GUIDELINES

Warranty Guidelines of the www.4xrack.com internet shop are as follows:

1. GENERAL PROVISIONS

1.1. These Warranty Guidelines are issued by the company 4X a.s., with its registered office at Praha 4, Na Vítězné pláni 1719, Postal Code 140 00 (hereafter referred to as the “seller”). These Warranty Guidelines regulate both goods and quality with respect to supplier-purchaser relations in the areas of sales and services exercised through the internet shop between the company 4X a.s., as both seller and operator of the www.4xrack.com internet shop (hereafter referred to as the “internet shop), and its business partners as the buyers.

1.2. These Warranty Guidelines govern the rights and obligations between the seller and its subjects acting in the scope of their business, production or other similar activities, or within scope of the exercise of their autonomous business under the relevant legal provisions (hereafter referred to as the “buyer”) on the other side.

2. WARRANTY CONDITIONS

2.1. The seller shall provide the buyer with a warranty of quality for all delivered goods for the duration of 24 months, unless stated otherwise by the seller in documents regarding the respective goods (such as catalogues, product lists, warranty lists etc.). For electronic appliances ( panels, cooling units, ventilators, extinguishing systems, surveillance systems etc.), the seller shall provide the buyer with a warranty of quality for the duration of 12 months, unless the warranty regarding the respective goods states otherwise. Invoice, bill of delivery or receipt confirmation issued by the seller shall serve as the warranty list.

2.2. The warranty shall not be applied in the following cases:

a) Takeover of a damaged shipment from the carrier, the buyer shall duly check the accepted shipment. If damaged, he shall fill a respective protocol with the carrier;

b) The warranty period of the goods expired before the day of the warranty claim;

c) Defects originated from inappropriate use of the goods;

d) Wear and tear as a result of regular use or aging;

e) The buyer failed to follow the instructions set forth by either the manufacturer or seller;

f) Defects originating from unprofessional handling, operation, manipulation or negligent care; or

g) The goods are damaged by the forces of nature.

3. DISPOSING OF THE WARRANTY

3.1. Should any defects occur after takeover of the goods within the warranty period, the buyer may file a warranty claim to the business department (e-mail: 4xrack@4xrack.com) without undue delay, within no later than seven days from the moment the defect occurred. After the expiration of said time-limit, the buyer shall not be entitled to a warranty claim, nor does the warranty of quality apply to said defect. Location of the warranty claim shall be solely on the business premises of the seller.

3.2. In case of a warranty claim being filed, the buyer shall ( at its own cost and risk) deliver said goods to the business premises of the seller, along with a cover letter containing a description of the defect, the contact information of the buyer and the invoice, bill of delivery or receipt confirmation issued by the seller. Should the aforementioned documents not be delivered to the seller along with the goods, the seller is entitled to consider the warranty claim as unjustified, reject it as such and return the goods to the buyer at his own expense and risk.

3.3. The seller shall resolve the warranty claim without undue delay, within no later than 60 calendar days from the day of filing of the warranty claim, unless agreed on otherwise between the buyer and the seller. In cases of duly filed and justified warranty claims, the seller shall in its full discretion decide upon either a discount on the original purchase price, repair, replacement or return of the purchase price against the return of the goods. In case the seller becomes due with the repair or delivery of a replacement of the goods for reasons solely on the side of the seller, the buyer shall provide an additional time limit to the seller for the fulfillment of his obligation, which shall be at least 15 business days. Should delivery of the repaired or replacement goods not be made in said additional time limit, the buyer shall in its full discretion be entitled to either withdraw from the agreement or request an proportionate refund of the purchase price.

3.4. Should the warranty claim turn out to be unjustified and should the seller reject it, the buyer shall pay the seller all expenses incurred in connection with said unjustified warranty claim within five days from the invoice of said expenses made by the seller.

3.5. The seller shall issue a written confirmation to the buyer of filing a warranty claim, including both the date of filing and the content of the warranty claim. Furthermore, the seller shall issue to the buyer a confirmation on the date of and method of disposal of the warranty claim, including the confirmation and duration of repairs. In case of a rejected warranty claim, the seller shall issue a reasoned written statement regarding said rejection to the buyer. The seller recommends that the buyer retain said statement for the duration of the quality warranty.

3.6. Should the seller either return or provide new goods to the buyer within the quality warranty on the basis of a duly administered warranty claim, the seller shall call on the buyer to take over such goods. The buyer shall take over such goods at its own expense and risk within 5 business days from the delivery of the call to takeover of the goods. Should he fail to do so, the seller may then request a storage fee in the amount of CZK 200 for every calendar day on which the buyer is overdue with the takeover of the goods.

3.7. Any remaining questions not covered by these Warranty Guidelines shall be governed by the terms and conditions of the internet shop, and eventually by the respective laws of the Czech Republic.

These Warranty Guidelines become effective on 1. 4. 2015.