General Terms and Conditions

General Terms and Conditions of Photon Energy Technology CEE’s B2B E-Shop

1. These GTC define and specify the rights and obligations of the Contracting Parties when concluding a purchase contract through the E-Shop. Together with them, the Registration Rules and Privacy Policy of the E-Shop, which form Annex No. 1 hereto, also apply to the relationship of the Contracting Parties.
   
   
2. The Seller shall conclude the purchase contract pursuant to these GTC only after the Buyer’s successful registration in the E-Shop registration system. By registering, the Buyer agrees to the GTC.
   
   
3. By registering in the E-Shop registration system, the Buyer confirms that the Buyer is an entrepreneur in the legal sense. An entrepreneur is a person that independently carries out, on his/her own account and responsibility, a gainful activity by trade or similar means with the intention of doing so consistently for profit.
   
   

1. The E-Shop contains a list of items – goods intended for sale, including a description of their characteristics. The presentation of the goods listed in the E-Shop is informative and does not constitute a proposal of the Seller for the conclusion of a contract within the meaning of Section 1732 (2) of the Civil Code. The Buyer shall send an order for the requested goods within the E-Shop. The Seller shall then send the Buyer additional information about the order by email, in particular the expected delivery date of the goods, information about the transport options for the goods, including the price of transport and packaging, and payment information.
   
   
2. The Seller is entitled to verify the order in case of any doubt as to the authenticity and seriousness of the order. The Seller may reject an unverified order. The Seller reserves the right to refuse an order in whole or at least in part if the Buyer orders a non-standard quantity of goods.
   
   

1. The Buyer shall confirm acceptance of the terms of purchase sent in the additional information pursuant to Article 2 (1) by sending a reply to the email with additional information, indicating whether the Buyer will use the transport services mediated by the Seller or arrange the Buyer’s own transport.
   
   
2. The purchase contract shall be concluded and the risk of damage to the goods shall pass to the Buyer at the moment the goods are handed over by the Seller for transport.
   
   
3. Upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging of the delivered goods and any damage to the goods themselves and immediately notify the carrier or the Seller of any defects found. A report shall be drawn up on the defects found.
   
   
4. In the event that the Buyer fails to report any detected damage to the packaging or goods upon receipt, the Buyer shall forfeit all claims under the Seller’s liability for defects and quality of goods
   
   
5. If the Buyer is delayed in accepting the goods from the carrier or the Seller, the Seller shall become entitled to sell the goods to another person after giving the Buyer a reasonable additional period of time to accept them. The Buyer’s obligation to compensate the Seller for any damage caused in this way (in particular storage costs and any lost profits) shall not be affected.
   
   

1. The Seller shall send information on the terms of payment to the Buyer in accordance with Article 2 (1).
   
   
2. If the Buyer is obliged to pay the purchase price (or at least part thereof) by cashless payment only after delivery of the goods by transfer to the Seller’s bank account based on a tax document (invoice), title to the goods shall pass to the Buyer upon full payment of the purchase price.
   
   
3. If the Buyer is obliged to pay the purchase price by cashless payment before delivery of the goods by transfer to the Seller’s bank account, title to the goods shall pass to the Buyer upon handover of the goods for transport. In this case, the Seller shall hand over the goods for transport only after the purchase price has been paid. The Buyer has the right to terminate an already paid order until the Seller has handed over the goods for transport. In such a case, the Seller shall refund the Buyer the purchase price paid less the costs of transport already incurred.
   
   
4. Payments are due on the due dates stated in the tax documents (invoice), unless agreed otherwise by the Contracting Parties. The Buyer’s obligation to pay the price of the goods shall be met upon crediting the relevant amount to the Seller’s account.
   
   
5. In the event of failure to meet the payment due date, the Buyer may be charged interest on late payment of 0.05% of the amount due for each day of delay. If the Buyer is delayed with payment for more than 30 days, the Seller may demand, in addition to the interest on late payment, the payment of a contractual penalty of 10% of the purchase price. The Seller’s entitlement to compensation for damage due to the Buyer’s delay shall not be affected by the application of interest on late payment and contractual penalty under this Article.
   
   
6. In the event of the Buyer’s delay in payment of the price of the purchased goods, the Seller is also entitled to suspend the processing of other orders or interrupt the performance of already confirmed other orders until the Buyer has fully paid all outstanding debts.
   
   
7. All prices are negotiable. As part of the purchase process in the E-Shop, the Buyer shall be informed of the final amount of the purchase price, including the applicable taxes and fees (VAT, recycling contributions), as well as any costs of transport.
   
   

1. The Seller shall be liable for the goods being free from defects upon receipt, in particular:
   
   
   1. that they have the characteristics which have been described by the Seller in the E-Shop and which can be expected with regard to the type of goods and their normally expected purpose of use;
   2. the goods are delivered in the appropriate quantity, measure or weight as per the confirmed order;
   3. the goods are free from any legal defects and comply with the requirements of generally binding legal regulations.
      
      
2. The Seller shall provide the Buyer with a guarantee for the quality of the goods as defined in Section 1 above for a period of 12 months from acceptance of the goods by the Buyer, taking into account the normal wear and tear of the goods during their use.
   
   
3. Other rights and obligations of the Buyer and the Seller in relation to liability for defects, guarantees for defects and the procedure for exercising rights under liability for defects and guarantee for quality (complaints) are regulated in the Complaints Procedure.
   
   
4. The expiry of the period of the quality guarantee provided by the Seller does not exclude the Buyer’s possibility to turn to the manufacturer of the goods in question, as the manufacturer may provide a longer guarantee for the goods in question than the Seller. In such a case, the Seller may provide the Buyer with the necessary assistance at a price agreed between the Contracting Parties.
   
   

1. Liability for defects and the quality guarantee provided shall not apply to defects arising in particular due to:
   
   
   1. normal wear and tear resulting from the use of the goods;
   2. damage to the goods as a result of use beyond the normal purpose of use;
   3. overvoltage, except for normal deviations;
   4. use of the goods in conditions whose temperature, dustiness, humidity, and chemical and mechanical influences do not correspond to the environment specifically intended by the Seller or the manufacturer of the goods;
   5. improper installation, handling, operation or neglect of care of the goods;
   6. damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles;
   7. tampering with or change of the parameters of the goods;
   8. if the goods have been modified by the Buyer (painting, bending, etc.), the defect is due to such modification;
   9. damage caused by natural elements or force majeure.
      
      
2. Differences in colour shades in reality and in the E-Shop display cannot be considered to be a defect of the goods.
   
   
3. The Seller shall not be liable for damage caused by the operation or use of the defective goods after the Buyer has discovered the defect.
   
   

1. The Contracting Parties may not terminate the concluded purchase contract.
   
   
2. The Buyer has the right to withdraw from the purchase contract in the event of a material breach of the purchase contract by the Seller and in the case specified in Section 5 (d) of the Complaints Procedure. A material breach is a breach of an obligation of which the breaching party already knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach; in other cases, breaches shall be deemed not to be material.
   
   
3. The Seller has the right to withdraw from the purchase contract:
   
   
   1. in the event of a material breach of the purchase contract by the Buyer, in particular in the event of delay by the Buyer in payment of the purchase price;
   2. The Seller is entitled to withdraw from the purchase contract in the event of an obvious error in the price of the goods listed in the E-Shop. Withdrawal from the purchase contract under this Section is possible within 30 days from the day following the date of conclusion of the purchase contract (confirmation of the order by the Seller) as follows: the Seller shall cancel the Buyer’s order or otherwise inform the Buyer that the Seller withdraws from the contract.
      
      
4. Both Contracting Parties have the right to withdraw from the purchase contract in the event of force majeure. Force majeure shall not be deemed to be the consequences of COVID-19 and the subsequent measures of public authorities.
   
   
5. Both Contracting Parties have the right to withdraw from the purchase contract only in part.
   
   
6. As a consequence of the withdrawal from the purchase contract, the Contracting Parties undertake to return to each other the performance already provided. In the event of a partial withdrawal from the contract, the Contracting Parties shall return the respective proportionate part of the performance, including the proportionate part of the costs of transport pursuant to Article 3 (3) (a) of the GTC.
   
   

1. We are committed to protecting and respecting the environment. Detailed information about the take-back and handling of certain types of goods supplied hereunder can be found in the dedicated section of the E-Shop.
   
   

1. Legal relations arising hereunder are governed by Czech law, in particular by Act No. 89/2012 Coll., the Civil Code, as amended. The Contracting Parties undertake to resolve any disputes amicably. If an amicable solution proves to be unattainable, the general court depending on the Seller’s registered office shall have jurisdiction to settle disputes.
   
   
2. These GTC are drawn up in the Czech language. The Seller may also issue these GTC in other language versions. In the event of a conflict between these language versions, the Czech version of the GTC shall prevail.
   
   
3. These GTC, including their components, are valid and effective from 1.1.2022, superseding the previous wording of the GTC, including their components, and are available at eshop.photonenergy.com. These GTC shall govern all purchase contracts concluded from the date of validity and effect of these GTC.