1.1 These terms and conditions ("Terms and Conditions") of the BOHEMIA MARKET GLOBAL CO W.L.L. (hereinafter referred to as "Seller") regulate the mutual rights and obligations arising in connection with or pursuant to the purchase agreement (the "Purchase Agreement") concluded between the Seller and other legal or natural business entity (hereinafter "Buyer") through the web portal of the Seller.
1.2 Terms and conditions apply only to cases where the Buyer is a legal entity or a person acting within his business (B2B).
2.1 The mutual rights and obligations arising in connection with or pursuant to the Purchase Agreement, including the procedure for concluding the Purchase Agreement, are subject to these Terms and Conditions. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement.
2.2 The Terms and Conditions may only be deviated by means of a written agreement agreed by both Parties.
2.3 Other than these Terms and Conditions, namely the Terms and Conditions attached by the Buyer, do not apply for the Purchase Agreement. Any reference to other Terms and Conditions has no legal effect.
2.4 Issues not regulated by these Terms and Conditions or by a written agreement between the Parties pursuant to Art. 2.2 are governed by the Vienna UN Convention on Contracts for the International Sale of Goods (hereinafter "Convention").
2.5 Issues not explicitly regulated by the Convention pursuant to Art. 7, Para. 2, the Convention, shall be governed exclusively by Czech law.
2.6 The Parties are only bound by the Purchase Agreement, the Terms and Conditions, the Convention and the Czech law. Pursuant to Art. 6 of the Convention application of Art. 9 of the Convention is precluded and the Parties are not bound by any usage to which they have agreed and a practice that they have established between themselves, or by a usage which is known and respected in international trade and in the respective trade sector.
3.1 The Purchase Agreement may only be concluded upon prior registration by the Buyer made at the Seller's website: www.kb-ips.com. (hereinafter "Registration").
3.2 Upon registration, the Buyer must give their consent to these Terms and Conditions. From the moment of their giving consent the Buyer is bound by these Terms and Conditions.
3.3 Upon registration, the Buyer will indicate their binding contact email address (hereinafter "contact email"). The subsequent communication between the Parties will take place exclusively in the electronic way via the Buyer's contact email.
3.4 When registering on the website and ordering goods, the Buyer is obliged to provide only correct and true information.
3.5 If the Buyer fails to fulfill the obligations specified in Articles 3.2, 3.3 and 3.4, their registration will not be certified by the Seller.
4.1 All presentations of the products placed on the Seller's website are informative and are not meant to be an offer to conclude an agreement. All the information given with presented products is only indicative and not binding, including technical specifications, prices, etc.
4.2 Based on the above mentioned non-binding presentation of products, the Buyer, after being registered, will send the Seller their demand of goods via the Seller's website www.kb-ips.com or the contact e-mail sales@bohemiamarket.com.
4.3 Based on the demand of goods, the Seller will send the Buyer a binding offer of the demanded goods (hereinafter "Offer"). This Offer contains technical data of the goods, their price and delivery terms.
4.4 The delivery date specified in the Offer is not binding and can in no way be considered a fixed term.
4.5 The Offer remains valid for 21 calendar days. If the Offer is not accepted by the Buyer within this period, it ceases to be effective without any compensation.
4.6 The content of the Offer, or a part thereof, shall not be published or communicated by the Buyer in any way to a third party, especially to any future purchaser or another vendor. In case of violation of this provision the Buyer is obliged to compensate the Seller for the damage incurred. This also applies if the Purchase Agreement is not concluded or if it is cancelled.
4.7 The Purchase Agreement is concluded upon receiving the acceptance of the Offer, which is sent to the Seller by the Buyer through the contact email. The Purchase Agreement is also considered to be concluded upon paying the purchase price (Art. 5.1) even without a prior express acceptance of the Offer.
4.8 The presentation of the products placed on the Seller's website includes three product categories - the new, refurbished and used ones. Changing a product category after concluding the agreement is inadmissible. The buyer is not entitled to have the product exchanged for an identical product from another category.
4.9 All emails within the communication of the Parties are considered delivered on the fifth day after their dispatching, if it is not evident from the Parties' conduct that an email was delivered earlier.
5.1 Unless agreed otherwise, the Buyer is obliged to make an advance payment of the purchase price for the goods by bank transfer into the Seller's account within 15 calendar days since delivering the Offer. If the Seller's account is not credited with the advance payment of the purchase price within that period, the Offer expires and the Purchase Agreement is considered null and void from the very start.
5.2 Along with the advance payment of the purchase price, the Buyer is obliged to pay the Seller an advance payment of the costs associated with delivery of the goods which are specified in the Offer. Unless expressly stated otherwise, the purchase price includes costs associated with delivery of the goods.
5.3 The goods will be sent by the Seller when the advance payment of the purchase price has been made by the Buyer. Unless agreed otherwise, the deadline for delivery of the goods specified in the Offer begins to run on the day when the advance payment of the purchase price was made.
5.4 The purchase price including the cost of delivery is due within 5 calendar days from delivery of the goods.
5.5 If a late payment of the purchase price has been agreed by the Parties, or an advance payment is not required at all, the goods will be sent upon receiving the acceptance of the Offer (Art. 4.7). The deadline for delivery of the goods specified in the Offer begins on the day following the receiving of the Offer.
5.6 The obligation of the Seller to deliver the goods shall be considered fulfilled upon handing over the goods to the Buyer at the address of the delivery.
6.1 The Seller is only liable for such a defect of the goods that exists at the time when the risk is being transferred to the Buyer, even if the defect becomes apparent after that time.
6.2 Unless agreed otherwise, the Seller does not provide the Buyer with any guarantee for the quality of the goods sold.
6.3 The Seller is not responsible for any damage caused by defective goods sold by him nor for any related damage, including damage caused by the product ("consequential damage").
7.1 Disputes arising from the Purchase Agreement or in connection with it may also be finally decided pursuant to the Arbitration Regulations of the International Court of Arbitration of the Economic Chamber of Austria (Vienna Rules) by three arbitrators appointed in accordance with these Rules.
8.1 These Terms and Conditions are valid and effective from the date of publication on the website of the Company: www.kb-ips.com
8.2 If any provision of the Terms and Conditions is, or becomes, invalid or ineffective, it shall be replaced by a provision whose meaning comes closest to the invalid provision. The invalidity or unenforceability of one provision does not affect the validity of the other provisions.