General Terms and Conditions of Business from 23. 7. 2018

(hereinafter the „Seller“)

1. INTRODUCTORY PROVISIONS AND DEFINITIONS

   1. These General Terms and Conditions of Business govern the mutual rights and obligations of the seller and Buyer (hereinafter „Buyer“) in the sale of the Goods.
   2. These General Terms and Conditions of Business are an integral part of the Purchase agreement and Buyer by signing the agreement confirms in the same time that he has become acquainted with these General Terms and Conditions of Business and expressly acknowledges that these terms and conditions are part of a contractual agreement between Seller and Buyer. Business terms and conditions are also available for Viking on the internet portal http://oakwoodtimber.com/
   3. If the buyer is a consumer as defined in point 1.6 below, the relationship not governed by these Business Terms shall be governed by Act No. 89/2012 Coll., The Civil Code as amended (hereinafter “Civil Code”) and Law No. 634 / 1992 on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”).
   4. The seller – is a legal person which in the moment of concluding and performing contracts acts in the course of his business. The seller delivers products or services to the buyer directly or through other businesses.
   5. Buyer – another entity is such as a buyer who is an entrepreneur and when signing the contract it is clear from the circumstances that the purchase relates to his business activity. The entrepreneur is the one who independently carries out on his own account and responsibility the business activity in a trade or similar manner with the intent to do so systematically for profit. Any person who concludes contracts related to his own business, production or similar activity or in the independent exercise of his profession, or a person acting in the name or on behalf of the entrepreneur, is also considered to be an entrepreneur.
   6. Subject of purchase – the subject of a purchase under a purchase contract are goods (for example solid oak floorings) specified in a sale contract or invoice (hereinafter also referred to “goods”. Purchase price and all other data which refers to goods are decisive when the purchase agreement is concluded.

2. SUPPLY / RECEIVING OF GOODS

   1. The Buyer is obliged to take over the goods in accordance with the Purchase Agreement. The purchaser is only entitled to take over the goods if he has previously paid the full purchase price of goods.
   2. The order must contain the particulars which are necessary for proper publication, in particular: business name, place of business, invoice address, company ID, VAT number, bank details or confirmation of the name of the representative of the authorized order.
   3. The Customer (Buyer) is responsible for the timely provision of all documents which are necessary for the implementation of the order.
   4. In the situation when the customer orders the goods for the purposes of a third side, he is required to state the names of the clients and the billing information for which the goods are ordered.
   5. Goods which are placed in seller’s warehouse are obliged to remove by the Buyer within 5 business days from the day of payment of the purchase price. In the situating hen the customer fails to remove the goods within the specified period, the Seller is entitled to deliver these goods at the buyer’s expense to the Buyer’s address which is specified in Purchase Agreement. If the Buyer doesn’t acquire the goods at this address, he is obliged to pay the seller a storage fee of 0,1% from the purchase price for each day of storage (starts with the expiry of the deadline under the first sentence of this paragraph).
   6. Goods may be taken over by the buyer at the place of the seller’s premises during his opening hours. The dispensary can be found at the following address: Náchodská 3035, Praha 20, Horní Počernice.Dispensary opening hours: 9.00-13.00 and 14.00-17.30
   7. At the moment of receiving of the goods, the Buyer is required to prove the original of the paid invoice and to sign the Transfer Protocol.

3. PRICES

   1. The prices of the goods are determined according to seller’s price list at the time of conclusion of the Purchase Contract, unless otherwise agreed (hereinafter referred to as the „purchase price“)
   2. Prices are shown without VAT.

4. PAYMENT TERMS

   1. The Buyer is obliged to pay the seller the purchase price properly and in a timely manner. The goods will be handed over to the buyer only after the full purchase price has been paid.
   2. The Buyer is obliged to pay the purchase price, either: a) when the invoice is issued at the Seller’s cash register or b) using bank transfer to the account which is specified by the Seller.
   3. Reservations shall be made only after the deposit has been made at least 50% from the total price including VAT. The booking fee can be paid either in cash or using bank transfer. Please note that the prepayment amount for the selected goods isn’t refunded.
   4. The buyer pays a 50% deposit or the total amount including VAT in the case of goods ordered unless otherwise agreed upon at the conclusion of the Purchase contract. The remaining part of the purchase price is due to be paid by the buyer before the goods are taken over (as described in point 4.2.)
   5. If the buyer doesn’t pay the purchase price on time or in any way or in any other way to prevent the delivery of goods, he is obliged to pay the seller a contractual penalty corresponding to 25% from the purchase price including VAT. The Buyer declares that he considers the agreed contractual penalty to be reasonable.

5. PROMOTION OF OWNERSHIP

   1. The risk of accidental destruction and accidental deterioration of the goods passes to the Buyer by handing the goods.
   2. The fact of receipt of goods should be confirmed by Buyer to the Seller by signing the Transfer Protocol.
   3. The right to ownership of the goods is transferred to the buyer only upon full payment of the purchase price and the fulfillment of all the buyer’s financial obligations towards the seller, including obligations under other contracts concluded between the buyer and the seller. Non-cash payments are deemed to be met by crediting the amount to the seller’s account with proper payment identification so that the payment can be correctly identified.

6. FINAL PROVISIONS

   1. All contractual relationships are governed by the Czech legal order.
   2. These General Terms and Conditions of Business become an effective on the date of their publication and are applicable in the relevant wording for all orders made on that day and later. Seller reserves the right to change these terms and conditions. The new version of the terms and conditions will also be published on the seller’s website oakwoodtimber.com. The date of their publication cancels the validity of the previous business terms, but this doesn’t affect the sales contracts concluded according to the current terms of business terms.

The buyer isn’t entitled to assign his claim to the seller arising without the Seller’s consent.