Terms & Conditions
Terms and Conditions of Business in DALIX,Ltd.
Company DALIX,Ltd is the owner of the word trade-mark ( register number 303074) and the word graphic trade-mark (register number 303073) , registered in the trade-mark register of Industrial Property Office of the Czech Republic on 13 January 2009 and the company is entitled to use this graphic mark.
Company DALIX,Ltd as the official representative of the following firms – Dometic Waeco International GmbH in the C.R., KALORI S.A.S.,MASTERVPLT International BV and ENGEL in the C.R. and the S.R. is entitled to use their word and graphic trade-marks
Using trade-marks without the owner´s consent is illegal and is against the law.
The contents of the website www.dalix.cz is protected by copyright. Copying, spreading photographs, texts and information without the owner´s consent is forbidden. Copying and spreading of any content in any form is illegal without the company´s written permission.
General Terms and Conditions of Business in DALIX,Ltd.
Contractual obligation relationships between the company DALIX,Ltd, Jamská 2439/59,Žďár nad Sázavou, postal code 591 01, and the purchaser comply with these GT&C.
Sale Contract and Sale Contract Conclusion
The purchaser is entitled to place an order in writing (including fax or e-mail), in person or by phone.The sale contract is concluded by sending the buyer´s order. The order must be cancelled in writing. If the item of the goods has already been prepared for warehouse release, the seller reserves the right to charge the cancellation fee of 25 % of the total amount of the order. If the contract of sale was concluded according to the law No.89/ 2012 Legal Code, using means of distance communication, the consumer has the right to withdraw from the contract without giving a reason and without any sanctions within 14 days after taking delivery. If the consumer exercises the right to withdraw from the contract under article 1829 of the above mentioned law, the suplier is only entitled to get financial compensation for real expenses connected with sending and returning the goods. Returned goods must be unused, undamaged, clean and in its original packaging.The supplier is obliged to give the paid amount of money back to the consumer within 30 days from the day of the withdrawal from the contract.
In other cases the goods can only be returned by prior agreement between the seller and the buyer. Returned goods must be unused, undamaged, clean and in its original packaging, otherwise the refund will be reduced in accordance with the condition of the returned goods. If the payment is made through payment terminal, the refund will be reduced by the bank fee for using the payment terminal.
Purchase price and terms of payment
The purchase price is fixed in the sale contract concluded between the parties. If the sale contract is concluded without stating the explicit price of the item, then the valid price is the price quoted by the seller on the day of the order. Prices quoted by the seller will be charged in accordance with the valid legal regulation. On the basis of the amendment of the law No.185/ 2001 Legal Code, there is Waste Recycling Fee imposed on some goods and it is shown separately on the accounting document. The price published on our webside includes the recycling fee, i.e. the total amount paid by the customer, which is the sum of the product price and the recycling
fee. In case there is a time – limited product price quoted, this price is relevant / valid only if the sale contract is concluded within the specific time limit.The seller´s claim for payment of the purchase price shall arise at the delivery of the goods to the buyer pursuant to these terms. Title to the supplied goods passes to the buyer only upon full payment of the purchase price.The buyer is obliged to pay the purchase price to the seller within 10 days after delivery of the goods, unless stated otherwise in the tax document. The seller is entitled to demand advanced payment of the goods up to 100 % of the purchase price or send the goods cash on delivery.In the case of delay in complying with the buyer´s obligation to pay the purchase price or a deposit on it, the time limit for delivery of the goods to the buyer shall be extended by the period of delay.The seller shall issue to the buyer the proper tax document – the invoice correspoding to the method of payment of the purchase price agreed upon or fixed by the seller.The purchase price is considered to be paid at the moment of the entire purchase price being credited to the seller´s account or by paying the full purchase price to the seller in cash. In the case of payment delay of the buyer´s financial obligation to the seller, the seller is entitled to the payment of a contractual penalty of 0.1% of the outstanding amount for each day of delay. Arranging or paying the contractual penalty shall not affect the seller´s claims for damages. If the buyer is in delay with the payment of the instalment , the seller is entitled to require the payment of the entire outstanding amount at once. In the case of the buyer´s delay of payment of financial obligations for more than 10 days, even if such commitment stems from another contract or applicable law, the seller is entitled to withdraw from the contract or its part. In the case of the seller´s doubts about the buyer´s solvency, the seller can withdraw from the contract if the seller fails to submit the required deposit or sufficient principal within the period specified by the seller. The withdrawal from the contract shall not affect the seller´s claims for the payment of the contractual penalty or the right to compensation for damage caused by breaking the contract.
The seller provides a guarantee for the goods for the period of 24 months from the date of delivery of the goods, 36 months for selected products. Spare parts are under guarantee for 6 or 12 months. The buyer is obliged to provide credible evidence of ascertained defects and of the seller´s liability for them. While the complaint is being handled, the buyer is obliged to keep the goods in a condition showing the origin and nature of the defect and store the goods at their own expence until the seller´s decision how to solve the case is reached. In case of a complaint, the buyer is obliged to do as follows: In the event of a shipment damage or apparent damage of the consignment , the buyer is obliged to record this fact in the delivery docket and immediately notify the seller in writing ( by fax or e-mail). In the event of incomplete consignment or other obvious defects that are not visible when taking delivery of packed goods, the buyer informs the seller in writing ( by fax or e-mail) within 24 hours of the receipt of the consignment. In this case the buyer is obliged to take photographic documentation showing the claimed defect ( e.g. in an electronic format) and to send this documentation to the seller within the time of guarantee. The complaint procedure will be carried out subsequently according to the seller´s instructions in accordance with generally aplicable regulations. In case of hidden defects, the buyer informs the seller about the ascertained damage in writing ( by fax or e-mail) within 3 working days, but not later than 24 months after the delivery of the goods. The regulations given above are applied analogously. If the defects are not claimed within the time limit, or if the buyer does not observe instructions ,
the buyer´s claim arising from the liability for defects and guarrantee ceases to exist. If the complaint is timely and justified and the defect is unrepairable, the buyer will get a replacement delivered free of charge. If the defect is repairable, the damaged goods will be repaired, unless the parties agree otherwise. The complaint even if it is justified does not constitute the buyer´s right to withdraw from the purchase contract. Properly and timely notified defects will be resolved within a period of time appropriate to the nature of the defect. If the buyer does not allow or prevents the seller from repair of the defected goods or if the buyer repairs the defect without the seller´s knowledge and consent in person or through a third party, the buyer´s claims arising from the guarantee and liability for defects cease to exist. In particular, damage of protective seals and stamps (if they are on the product), improper installation, mishandling or misuse of the product, damage to the goods caused by use contradictory to the instructions stated in the documentation, or if plugged in electricity network that does not match required standards. Unless the parties agree otherwise, the complaint does not affect the obligation to pay the full purchase price as invoiced. If the complaints are unauthorised, the seller is entitled to reimbursement of provable expenses incurred in connection with the resolution of such a claim.The seller is liable for damages caused by the breach of their obligation. The seller is liable for damages to the amount corresponding to the value of the transaction which is the subject of the purchase contract. The seller is not liable for indirect damages and consequential damages (including loss of profits). TRANSPORT
Transfer and delivery of the goods
The seller´s obligation to deliver the goods to the buyer is considered to be fulfilled by taking delivery of the goods by the buyer at the point of delivery or by placing the goods with a third party. From this moment the risk of damage to the goods , as well as the risk of loss, deterioration or destruction of the goods is passed on the buyer. The place of delivery of the goods is the place stated in the purchase contract. If the place of delivery is not mentioned in the contract, then the place of delivery is considered to be the buyer´s company seat as stated in the commercial register on the date of despatch of the goods by the seller. At the place of delivery the buyer is oblidged to take delivery (including partial deliveries) properly and in time and check the quantity and the existence of any obvious defects carefully and expertly. All the damage to the goods must be immediately reported to the shipping company, but not later than within 3 days , in case of doubt it is necessary to contact the seller immediately.The buyer agrees to provide all the cooperation to ensure the goods to be transported to the place of delivery and handed to the buyer. The buyer is obliged to ensure the receipt of the goods by authorised person, and is also responsible for the person taking delivery at the place of delivery is legally entitled to do so. The person taking delivery of the goods on behalf of the buyer confirms the receipt of the goods in writing and indicates found defects in a delivery docket. If the buyer is delayed to receive delivery , the seller may store the goods in a public warehouse or other depository at the expense and risk of the buyer. For the same reason, if the buyer is delayed with taking delivery, the seller is entitled to withdraw from the contract without notice to the buyer. In this case, the buyer is obliged to pay the seller the costs connected with futile delivery of the goods to the place of delivery as charged by the seller and pay a contractual penalty in the amount of 25 % of the price of the goods.
The purchase price also includes the standard packing of the goods. In case of doubt about normal packing of the goods, the following principle is applied – the seller is entitled to determine the type of packaging. The cost of the non-standard packaging, if required by the buyer , will be charged to the buyer in addition to the purchase price. The transport of goods is not included in the price.The buyer is entitled to choose the method of transportation of the goods to the place of delivery. The item is sent in a cardboard box. Transport costs depend on the number of pieces and the volume of the goods (approx. 1 package- common car refrigerator- costs 150,- to 200,- Czech crowns). As for above-standard transport, the buyer is always informed about the price for shipping. Special offer of “ Transport Free of Charge“ with selected products only applies to the territory of the Czech Republic. The purchase price does not include assembly of the products which are supplied disasssembled.The seller may arrange the assembly of the product if requested and on the basis of agreement with the buyer and at the expense of the buyer. Most products are in stock in the company Dalix. Availibility in the online shop means that the item is either in stock in the company Dalix or in branch warehouses within the EU. Delivery time is 1 – 2 days. If it is not so, the buyer is always informed about the delivery date.
An obstacle which occured independently of the will of the party preventing the parties from fulfilling their duties is considered to be the event of excluded liability, e.g. fire,explosion,accident,floods,war,mobilisation ,the government´s decision, inability to obtain necessary materials,equipment,energy,fuel and transport. Under these circumstances , neither party can be held liable for delay, but the rights and obligations of either party remain unaffected. If as a result of these circumstances
a timely delivery is impossible, the delivery period is extended provided that future obligations can be met.
In the event of consumer´s disputes between the parties arising from the sale contract or a service contract, which cannot be resolved by mutual agreement, the consumer may file a petition for out-of-court resolution of such a dispute to a designated body for out-of-court settlement of consumer disputes, which is :
The Czech Trade Inspection
Central Inspectorate – ADR Department
120 00 Praha 2
The buyer agrees that the seller will process and use the buyer´s data provided in connection with the conclusion and fulfilment of the sale contract, for commercial and marketing purposes. The buyer grants the seller this consent for an indefinite period after the conclusion of the sale contract. If any provision of these conditions showed to be invalid for reasons contrary to the mandatory provisions of the law in general, then this fact causes invalidity of that particular provision as long as it is separable from the other content of the conditions.The invalidity of this particular provision will not have consequences for other rights and obligations of the parties.
There is a guarantee of conformity with design and safety requirements laid down for the products intended for sale within the EU. Declarations of conformity have been issued for the items covered by the act No. 22/1997 Legal Code. The manufacturer´s obligations arising from the amendment of the law No. 185/2001 Legal Code, are met through ASEKOL,Ltd. The packaging of the products supplied by us is charged in the ECO-KOM system under the client number EK-F030300004.
USED ELCTRICAL EQUIPMENT COLLECTION
is ensured by the company :
AVE Žďár nad Sázavou,Ltd.
591 01 Žďár nad Sázavou
or directly collected free of charge in our company :
591 01 Žďár nad Sázavou
In the case of delivery of goods through our online shop, the collection of used electrical equipment is possible after agreement by phone (603 227 448) or by e-mail (firstname.lastname@example.org).