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General business conditions and complaint conditions

Terms and conditions

of commercial company COHEEN s. r. o., with its registered office at Pod Gaštanmi 4, 821 07 Bratislava, ID No.: 53 578 970, registered in the Business Register maintained by the Municipal Court of Bratislava III in sec. Sro, File no. 150 711/B, for Purchase Contracts concluded remotely via b2b e-commerce operated by COHEEN on the website www.b2b-coheen.sk

Contents:
    1. General provisions
    2. Registration
    3. Contract of sale conclusion method
    4. Purchase price
    5. Delivery Terms
    6. Rights and obligations of the Seller
    7. Rights and obligations of the Buyer
    8. Acquisition of ownership and transfer of risk of damage to goods
    9. Complaints procedure
    10. Personal data and their protection
    11. Withdrawal from the Purchase Contract
    12. Final Provisions


1. General provisions

1.1. These General Terms and Conditions of Sale and Complaints (hereinafter referred to as "GTC") regulate the rights and obligations of the contracting parties arising from the Purchase Contract concluded remotely between the Seller, which is the commercial company COHEEN s. r. o., with its registered office at Pod Gaštanmi 4, 821 07 Bratislava, ID No.: 53 578 970, registered in the Business Register maintained by the Municipal Court of Bratislava III in sec. No. 150 711/B (hereinafter referred to as the "Seller") and the Buyer, the subject of which is the purchase and sale of goods through the Seller's b2b e-commerce website operated at the web address https://b2b-coheen.creativeshop.sk (hereinafter referred to as "e-shop").
Seller's contact details:
email: sales@coheen.eu
Phone: +421 908 722 925
Address: Pod Gaštanmi 4, 821 07 Bratislava
bank connection for non-cash payments paid by bank transfer to the Seller's account:
Bank: VÚB a. s., registered office: Mlynské Nivy 1, 821 09 Bratislava
IBAN: SK97 0200 0000 0044 2574 7458 BIC(SWIFT): SUBASKBX

1.2. The Buyer is, within the meaning of these GTC, a natural person or a legal entity entrepreneur registered in the e-shop and has placed an order for goods through the e-shop under the terms and in accordance with these GTC (hereinafter referred to as "Interested Party" or "Buyer").
1.3. The operator lists the goods offered for sale on the e-shop page and allows the Buyer to order through the e-shop, provided that the Buyer abides by these GTC.
1.4. The relevant provisions of Act No. 22/2003 Coll. on electronic commerce and on amendment and supplementation of Act No. 128/2002 Coll. on State Control of the Internal Market in Matters of Consumer Protection and on amendment and supplementation of certain acts, as amended by Act No. 284/2002 Coll., as amended, and the relevant provisions of the Commercial Code and other legislation shall apply to Purchase Contracts concluded remotely through the 
e-shop and to relationships not regulated by these GTC.
1.5. On the basis of the Purchase Contract concluded pursuant to these GTC, the Seller shall be obliged to deliver the goods to the Buyer and the Buyer shall be obliged to pay the purchase price for the goods and to take delivery of the goods (hereinafter referred to as the "Purchase Contract").
1.6. These GTC are an integral part of any Purchase Contract and also apply to any other relations between the Seller and the Buyer arising especially during and after the conclusion of the Purchase Contract, including claims for goods.


2. Registration

        2.1. The Interested Party can only purchase through the e-shop after registration. When registering in the e-shop, the Interested Party must be an entrepreneur according to the Commercial Code or the Trade Licensing Act. By registering in the e-shop, the Interested Party also receives information about the status of their order and an overview of all goods purchased so far. When registering, the Interested Party is also obliged to fill in the personal data required by the system; these data will be used only for the purpose of identifying the person authorized to receive the goods purchased by the Interested Party as a Buyer through the 
e-shop. After filling in the mandatory data, the Interested Party must check the box that they agree to these GTC and that they agree to the personal data processing policy. After completing the mandatory data, agreeing to the GTC and the Personal Data Processing Policy, the Seller's system will then automatically generate and send the Buyer (to the e-mail address specified in the registration form) an e-mail confirming receipt of the registration request in the e-shop. After filling in the mandatory data, agreeing to the GTC and confirming the "Register" box by the Buyer, the Seller's system automatically generates and sends the Seller an e-mail confirming the registration, which completes the Buyer's registration process, but the Buyer's Personal Account is not yet activated. The Seller is entitled to verify the Buyer's data to the extent it deems appropriate after the Buyer's registration. In the event of any discrepancies or incorrectly filled in data by the Buyer in the registration form found by the Seller during the verification, the Seller shall either' invite the Interested Party to correct the registration or, at its discretion, cancel and delete the Interested Party's registration completely. Subsequently, after this verification, the Seller sends an e-mail to the Buyer either activating the Buyer's Personal Account or cancelling the Buyer's registration.
        2.2. Due to the fact that for the installation of dedicated electrical equipment (air conditioners, heat pumps, photovoltaic panels, etc.) it is necessary to have a licence for the performance of such activities (i.e., a person having a license for conducting such activity; hereinafter referred to as “Authorised Person”) the Seller reserves the right to refuse registration in the e-shop or, after accepting such registration, not to sell the reserved electrical equipment (the above also applies to products which by their nature require installation by an Authorised Person) to a person who is not authorised to carry out such activity.
        2.3. The Interested Party is responsible for the correct and complete provision of all mandatory data during registration, including e-mail address and billing and contact details of persons authorized to receive goods, etc., which are necessary for the establishment and performance of the contractual relationship between the Seller and the Interested Party as a potential Buyer. The Interested Party declares that it is neither bankrupt nor in restructuring. The Interested Party also declares that it is capable of duly and timely fulfilling its obligations towards the Seller, which arise in accordance with the conclusion of Purchase Contracts through the e-shop.
        2.4. After activation of the user account by the Seller, the Interested Party will be assigned a Personal Account (hereinafter referred to as "Personal Account"), which they will gain access to after logging into the e-shop by entering the user name and password. Creation of orders for goods by interested parties is only possible after logging into the Buyer's Personal Account. We recommend the Buyer to note down the login data and keep it for future purchases. For each subsequent purchase, simply log in with your login details.
        2.5. The Seller shall have the right at any time to either suspend further deliveries or cancel the Buyer's registration altogether if it becomes aware of any facts that are or have become known that are contrary to the Buyer's representations set out in Clause 2.3 of these GTC. The above also applies to cases where the Seller discovers that the Buyer has provided incorrect, incomplete, deceptive, misleading or misrepresentative information regarding the Buyer's registration or other representations made by the Buyer.

3. Contract of sale conclusion method

        3.1. The Interested Party can order goods via the e-shop, where the "Add to cart" button is placed.
        3.2. The proposal for the conclusion of the Purchase Contract is sent by the Interested Party to the Seller in the e-shop in the form of a completed and sent electronic form for creating an order in the "Shopping cart" section, which may consist of several steps (hereinafter referred to as the "Binding Order"). Once a Binding Order is created and sent by the Interested Party, it will be registered in the Seller's system. By sending a Binding Order, the Interested Party undertakes to pay the purchase price for the ordered goods and to take them over if their order is accepted by the Seller. Interested party acknowledges that by sending a Binding Order to the Seller, it qualifies as a proposal for the conclusion of a Purchase Contract within the meaning of § 409 et seq. Commercial Code.
        3.3. Seller shall confirm the Binding Order in full or in part during working days within 24 hours (if the end of the period is a weekend or public holiday, these are not counted in the period) by sending an e-mail message "Order Confirmation" to the e-mail address that the Buyer has specified in the registration data of their Personal Account in the e-shop. If necessary, any further information regarding the order will be sent to the Buyer's e-mail address. Order confirmation contains in particular the name and specification of the ordered goods, their quantity, price including VAT, contact and billing information of the Buyer, contact and payment information of the Seller and these GTC.
        3.4. Each individual Purchase Contract shall be deemed to be concluded at the moment when the Seller sends an e-mail to the Interested Party confirming the acceptance of their Binding Order (even partially) and the delivery dates of the individual goods specified in the order, which may vary, and notifies them of the amount of the shipping costs of the goods. At the moment of conclusion of the Purchase Contract, the Seller and the Interested Party as the Buyer acquire the rights and obligations arising from the Purchase Contract, including these GTC.
        3.5. All requests for cancellation of any order shall be made by the Buyer no later than the moment of receipt of the Seller's e-mail about acceptance of their order according to Clause 3.4 of these GTC by sending an e-mail with the request for cancellation of the order to the Seller's e-mail address sales@coheen.eu;after sending the Seller's e-mail about acceptance of the order, cancellation of the order is only possible by agreement with the Seller. In the e-mail or in the request for cancellation of the order, the Buyer is obliged to enter their business name and the number of the order they want to cancel. If the Buyer has paid the Seller the purchase price or part thereof in the time until the cancellation of the order according to the first sentence of this Clause, the Seller shall return the already paid purchase price or part thereof within 7 days following the cancellation of the order by transfer to the bank account from which the purchase price or part thereof was paid, unless the Parties agree on another way of returning the purchase price or part thereof.
        3.6. Buyer has the possibility to monitor the movement or progress of their order or their several individual orders in the e-shop in their Personal Account in the "orders" section, until the time of their processing. Buyer can track the already processed and invoiced orders in the section "Already processed orders" or "Purchased goods".

4. Purchase price

        4.1. The goods are sold at the Seller's purchase price indicated for specific goods in the e-shop; the purchase price does not include costs associated with the transport of the goods to the Buyer.
        4.2. Buyer is obliged to pay to the Seller the purchase price of the goods in the amount agreed in the Purchase Contract and/or, if the Seller's confirmation e-mail does not contain an indication of the purchase price, in the amount of the purchase price indicated for the goods in the e-shop at the time of sending the Binding Order by the Buyer (hereinafter referred to as the "Purchase Price") by wire transfer to the Seller's account on the basis of the invoice issued by the Seller before the goods are handed over/shipped to the Buyer. The invoice (or invoices for the goods if the goods will be delivered in stages under the Purchase Contract) will be sent to the Buyer as an electronic invoice (according to § 71 (1) (b) of Act No. 222/2004 Coll. on Value Added Tax, as amended) after the Buyer has agreed on the price of transport, to the e-mail address registered by them in the e-shop. The cost of transporting the goods to the Buyer will be re-invoiced to the Buyer, unless the Parties agree otherwise.
        4.3. The purchase price of the goods or individual goods in the Purchase Contract is payable prior to the goods are handed over to the Buyer or to the person authorised by the Buyer to take over the goods or to the carrier designated to transport the goods to the Buyer, unless the Parties agree otherwise. If the Parties have specifically agreed on a later due date for payment of the purchase price than specified in the first sentence of this Clause and the Buyer fails to pay the purchase price properly and on time as agreed by the Parties, the Seller is entitled to pay a contractual penalty of 0.10 % of the amount due for each day of delay in payment of the purchase price.
        4.4. If the Buyer pays the Seller the purchase price by wire transfer, the date of payment shall be the date on which the purchase price is credited to the Seller's account.
        4.5. In the event that the Buyer fails to pay the Seller the full purchase price before taking delivery of the goods, or at the latest upon taking delivery, the Parties agree that the Seller is entitled to withdraw from the Purchase Contract.
        4.6. The Seller has the right to change or update the price lists listed in the e-shop from time to time depending on the update of price lists from their individual suppliers.
        4.7. Payment methods:
            4.7.1. by wire transfer to the Seller's account prior to delivery to the Buyer,
            4.7.2. in cash or cashless by credit card upon receipt of the goods, if the Parties have agreed on personal receipt of the goods.

5. Delivery Terms

        5.1. Seller is obliged to process the Buyer's order in the manner, at the time and under the conditions agreed in the Buyer's order confirmation email, i.e., to deliver the goods to the destination, which is the Buyer's primary place of business, unless the Parties have agreed otherwise in advance.
        5.2. Availability of goods listed in the e-shop or in the Seller's price lists is indicative. After the Buyer sends the order, if the goods are not currently in the Seller's warehouse, the Seller shall contact the relevant supplier with a request for information on the availability of the goods ordered by the Buyer and subsequently inform the Buyer of its finding on the availability of delivery of the goods at its supplier. If the Buyer is not interested in the delivery of the goods within the period specified by the Seller in the e-mail sent to the Buyer pursuant to the previous sentence, the Buyer may cancel the order within a period not later than 24 hours following the date of sending such e-mail by the Seller; the procedure set out in Clause 3.5 of the GTC shall apply to the cancellation of the order accordingly.
        5.3. The Parties agree that the method of transport of the goods to the Buyer and the choice of carrier (e.g. UPS, Remax, DPD) will always be agreed separately following confirmation of the order by the Seller and the shipping costs will be re-invoiced to the Buyer by the Seller. If the Parties agree that the goods will be collected from the Seller's warehouse on behalf of the Buyer by the Buyer or by a transport company ordered and authorised by the Buyer, it is necessary

1.  for the person collecting the goods (i.e., also the transport company ordered by the Buyer) to provide a power of attorney to collect the goods on behalf of the Buyer; or 
2. an e-mail notification from the Buyer (sent from the e-mail address provided in the Buyer's e-shop), which will indicate the person authorised by the Buyer to collect the goods on their behalf.

        5.4. Availability of goods is broken down as follows:
            5.4.1. in stock (located in the Seller's warehouse);
            5.4.2. within 1-2 working days following the date of acceptance of the order by 
the Seller;
            5.4.3. within 2-3 working days following the date of order acceptance
by the Seller;
            5.4.4. within 3-5 working days following the date of order acceptance
by the Seller;
            5.4.5. within 8 weeks following the date of acceptance of the order by the Seller.

If the Seller is unable to ensure availability of the goods within 8 weeks, the Seller's system automatically generates a non-acceptance of the order by the Seller, of which the Buyer is informed by e-mail or by displaying this fact in their Personal Account in the e-shop. Buyer acknowledges and agrees to the automatic cancellation of any order when the availability of goods is more than 8 weeks. In cases where the system does not automatically accept an order whose availability is more than 8 weeks, but the Buyer is still interested in purchasing the goods, the Buyer can re-order the unaccepted order by phone +421 908 722 925, where a new delivery date will also be agreed (over 8 weeks, usually indicating the number of the calendar week of the year in which the Seller can deliver the goods to the Seller).
        5.5. The Buyer acknowledges that the weight, dimensions and other data about the goods as they are listed in the Seller's e-shop are non-binding data.
        5.6. In the event of non-delivery of the goods by the Seller within the period agreed in the Purchase Contract, the Buyer shall be entitled to call upon the Seller by e-mail for performance with the provision of an additional period for performance, which shall not be shorter than 5 working days, together with a warning that upon its expiry it shall be entitled to withdraw from the relevant Purchase Contract. Following the expiration of the additional period for performance, the Buyer shall be entitled to withdraw from the respective Purchase Contract in writing and the Seller is obliged to return to the Buyer the already paid purchase price or part thereof within 15 days following receipt of the withdrawal from the Purchase Contract by a cashless transfer to the account from which the purchase price or part thereof was paid, unless the Parties agree otherwise.
        5.7. Due to the varying availability of the goods ordered by the Buyer, the Seller is entitled to issue several invoices and delivery notes for individual goods specified in the Purchase Contract. The Buyer is entitled to inquire with the Seller about the extent of the processing of their order by e-mail sent to sales@coheen.eu
        5.8. The Buyer is obliged to inspect the goods upon receipt or delivery of the goods.


6. Rights and obligations of the Seller

        6.1. The Seller is obliged to:
            6.1.1. deliver the goods to the Buyer in the quantity agreed in the Purchase Contract, in the agreed quality and within the agreed time and to pack them or equip them for transport in a manner suitable for their preservation and protection,
            6.1.2. hand over to the Buyer, at the latest together with the goods, in written or electronic form, all documents necessary for the acceptance and use of the goods, together with the delivery note and the tax document - invoice, as well as other documents prescribed by the applicable legislation, if they exist or are issued by the manufacturer (e.g., manuals, warranty card).
        6.2. The Seller shall be entitled to the due and timely payment of the purchase price by the Buyer for the goods.
        6.3. The Seller has the right not to accept the Buyer's order in the following cases
            6.3.1. due to stock outage or unavailability of the goods with its supplier, the Seller is unable to deliver the goods to the Buyer within the period specified in these GTC or at the purchase price stated in the e-shop, unless the Seller and the Buyer agree on an alternative performance.
            6.3.2. whereas the installation of dedicated electrical equipment (such as air conditioners, heat pumps, photovoltaic panels, etc.) or other electronic components or other products that require it by their nature requires a licence to carry out such activity and the Seller finds that the Buyer does not have a licence to carry out this activity.

7. Rights and obligations of the Buyer

    7.1. The Buyer is obliged to
          7.1.1. always comply with the terms and conditions of these GTC and follow them for each individual Purchase Contract concluded on basis thereof,
          7.1.2. pay the purchase price for the goods duly and on time,
          7.1.3. pay the cost of transporting the goods to the place specified by the Buyer (this does not apply if the Buyer collects the goods in person by special agreement with the Seller),
          7.1.4. to collect the purchased goods,
          7.1.5. confirm receipt of the goods in writing in the delivery note; the delivery note shall be sent by the Seller to the Buyer by e-mail and the Buyer shall be obliged to electronically sign the delivery note (by a guaranteed electronic signature) or send a scan of the written delivery note with the signature of a person authorised to act on behalf of the Buyer.

     7.2. Buyer has the right to delivery of the goods in the quantity, quality, date and place agreed by the Parties in the acceptance of the order.

8. Acquisition of ownership and transfer of risk of damage to goods

    8.1. Buyer acquires the ownership right to the goods by cumulative fulfilment of the conditions, which are the acceptance of the goods and the full payment of the purchase price for the goods, regardless of the fact which of these two conditions is fulfilled at a later date.
    8.2. The risk of damage to the goods passes to the Buyer at the time when it takes over the goods from the Seller (either personally or by a person authorised by it) or, if it fails to do so in time, at the time when the Seller allows it to dispose of the goods and the Buyer does not take over the goods.

9. Complaints (liability for defects, warranty, claims)

        9.1. Seller is liable for defects in the goods and the Buyer is obliged to promptly file a claim with the Seller in accordance with the applicable claims procedure.
        9.2. Claims arising from defects in the goods must be made within the warranty period, otherwise they will lapse. Buyer is obliged to claim defects in the goods from the Seller without undue delay after their discovery, otherwise the Buyer's right towards the Seller to free removal of the defect shall expire.
        9.3. The warranty period is 24 months (unless a different warranty period is specified for specific cases) and shall commence from the date of receipt of the goods by the Buyer.
        9.4. This warranty policy is valid for all commercial cases, unless other warranty conditions are contractually agreed.
        9.5. Buyer has the right to claim a warranty from the Seller only for goods that have defects caused by the manufacturer, the Seller's supplier or the Seller, that are covered by the warranty and were purchased from the Seller through the e-shop.
        9.6. The Buyer is obliged to inspect the goods upon receipt of the goods. If it fails to do so, it can only claim for defects not detected during this inspection if it proves that the goods already had such defects at the time of receipt of the goods.
        9.7. During the warranty period, the Buyer shall have the right to have the defect removed free of charge upon presentation of the goods, including accessories, to the Seller or the Seller's authorized representative together with the delivery note or warranty card (if issued separately) and proof of payment of the purchase price by delivering the goods to the Seller at the Seller's registered office or at another place designated by the Seller, at the Buyer's own expense. In the written claim, it shall indicate the exact type and extent of the defect(s). Seller is obliged to ensure presence of a person authorised to handle claims on its behalf in the place designated for the receipt of claims.
        9.8. If the goods purchased are dedicated electrical equipment or electronic components (control units, etc.), the warranty shall apply only if the dedicated electrical equipment or component or components have been installed in the relevant electrical equipment by an Authorised Person; the above also applies to products which by their nature require such installation. Buyer is obliged to submit to the Seller together with the written claim the original certificate of an authorized person on the installation of the relevant reserved electrical equipment or electronic component or other product that requires it by its nature; without the submission of such certificate, the claim will be deemed unacceptable. Mechanical goods are covered by the normal warranty.
        9.9. Starting day of the claim procedure is the day on which the claim is made by the Buyer. Seller or a designated person shall issue the Buyer with a confirmation of the claim in a suitable form chosen by the Seller, e.g., in the form of an e-mail or in writing, in which the defects of the goods are precisely identified.
        9.10. After inspection of the claimed goods, the Seller or a person designated by the Seller shall determine the manner of handling the claim. After determining how to handle the claim, the Seller or a designated person shall handle the claim immediately; in justified cases, the claim may also be handled later. Seller shall inform the Buyer of the end of the claim procedure and the result of the claim in the form agreed between both Parties (by e-mail, registered mail or other appropriate means) and the Buyer shall receive the claim report together with the goods.
        9.11. Buyer has no right to claim warranty for defects of which the Seller was notified at the time of concluding the Purchase Contract or of which, taking into account the circumstances under which the Purchase Contract was concluded, it should have known (e.g., in the case of items sold for a reduced price, the Seller is not liable for the defect for which the reduced price was agreed).
        9.12. Buyer's right to claim the warranty from the Seller shall lapse upon:
            9.12.1. failure to provide proof of payment of the purchase price, delivery note or warranty card, accessories or documentation of the goods,
            9.12.2. failure to notify obvious defects in time, i.e., failure to notify them upon receipt of the goods,
            9.12.3. expiry of the warranty period of the goods,
            9.12.4. mechanical damage to the goods caused by the Buyer,
            9.12.5. transport, storage or use of goods in climatic conditions that do not correspond to the natural environment in terms of humidity, thermal, chemical and mechanical influences,
            9.12.6. improper handling, operation, assembly or neglect of the goods,
            9.12.7. damage to the goods by unavoidable and/or unforeseeable events, accidental damage and accidental deterioration, unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other acts of God, excessive loading or use in violation of the conditions specified in the manufacturer's warranty, documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
            9.12.8. any tampering with the goods, any part or component thereof or the assembly of the goods by an unauthorised person,
            9.12.9. as a result of replacement of a part, component or part of the goods with a part or component not supplied by the manufacturer,
            9.12.10. damage or alteration of the elements used to identify the product or of the information on the warranty card,
            9.12.11. breaking security features used to detect unprofessional or unauthorised handling or dismantling of parts (seals, etc.),
            9.12.12. for other reasons specified in these GTC, or for reasons agreed in the relevant special Purchase Contract or framework contract, as well as for ad hoc reasons agreed in writing between the Seller and the Buyer.
        9.13. Seller is obliged to handle the claim and terminate the claim procedure in one of the following ways:
            9.13.1. if the defect is repairable - by handing over the repaired goods,
            9.13.2. by replacing the goods or, if the defect relates to only part of the goods, replacing such part of the goods,
            9.13.3. by refunding the purchase price of the goods,
            9.13.4. by providing a reasonable discount on the price of the goods,
            9.13.5. by justified rejection of the claim.
        9.14. Seller shall issue the Buyer with a written proof of the manner of handling the claim after handling the claim in one of the ways specified in Clause 9.13 of these GTC.
        9.15. The warranty period shall be extended by the period during which the Buyer could not use the goods due to the warranty repair of the goods.
        9.16. In the event of repairs being made to the goods, the Buyer will be provided with a document showing the repaired goods and the repairs made, and any further claims will be made on the basis of the original warranty card and such claim document. In the case of replacement of the goods with new goods, the warranty period will start again from the receipt of the new goods, however only for the new goods.
        9.17. All warranty repairs that are legitimately claimed will be carried out free of charge.
        9.18. Handling of claims applies only to the defects that the Buyer stated in the written complaint at the beginning of the claim procedure.

10. Personal data and their protection

        10.1. When processing personal data of data subjects, the Seller shall act in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the provisions of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts.
        10.2. Seller collects personal data solely for the purpose of fulfilling its obligations under the Purchase Contract concluded on the basis of an order placed by an Interested Party as a potential Buyer in the e-shop, especially when issuing an invoice, contacting the Interested Party and delivering the purchased goods, i.e., for the purpose of fulfilling its obligations under the Purchase Contract and subsequent communication with the Buyer, including, where applicable, subsequent claim proceedings. Seller is responsible for the fact that personal data of the Interested Party will not be used for other purposes, in particular will not be disclosed to third parties (except to the extent necessary for the delivery of goods). If the Interested Party requests to receive current information about the Seller's offer during registration, the information will be sent to the Interested Party's e-mail address indicated in their personal profile in the e-shop; the Interested Party may request cancellation of this service at any time by sending an e-mail to sales@coheen.eu 
        10.3. For the purpose of registration and access to a Personal Account in the e-shop, the Buyer is obliged to enter their e-mail address and password, while the Seller as the operator of the e-shop does not know the password of the prospective Buyer. The password is transmitted and stored in encrypted form.
        10.4. For a Buyer being either a legal entity or a natural person entrepreneur, the Seller processes their data in the following scope: name and surname of the person acting on behalf of the legal entity, or name and surname of the natural person entrepreneur, business name, address of the registered office/place of business, including the postcode, ID number, VAT ID, Tax ID, e-mail address, telephone contact. Furthermore, the Seller may process personal data of a person authorized by the Buyer to take over the goods on its behalf in the scope of name, surname and title, place of residence, telephone contact.
        10.5. Provision of personal data by the prospective Buyer as the Interested Party (data subject) to the extent specified in Clause 10.4 of these GTC is a condition for the creation of their Personal Account and the conclusion of the subsequent Purchase Contract. Failure to provide personal data may prevent the Seller from performing towards the Buyer under the Purchase Contract.
        10.6. Seller processes personal data of data subjects on the basis of consent expressly granted by the data subject when registering in the e-shop. Interested party, as a prospective Buyer, grants this consent to the Seller for the period of time strictly necessary to achieve the purpose of the processing of personal data. Seller shall keep the personal data processed on the basis of the data subject's consent until its revocation or for the period of the Buyer's registration in the e-shop and for the necessary time following the end of the registration. Interested party has the right to withdraw consent to the processing of personal data at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to its withdrawal.
Withdrawal of consent may cause that the Seller will no longer be able to provide performance under the concluded contract and these GTC, which the Interested Party acknowledges and may be the reason for cancellation of the Buyer's account in the e-shop.
        10.7. Buyer has the right and opportunity to update their personal data directly in online mode within the e-shop website in the Personal Account, immediately after logging in. Buyer is obliged to update their personal data on the e-shop website in the Personal Account, always within 5 working days following the date of change of any data concerning the Buyer.
        10.8. By placing an order and confirming the GTC, the Buyer also gives consent to the processing of personal data within the scope of this Clause 10 of the GTC

11. Withdrawal from the Purchase Contract

        11.1. Seller shall be entitled to withdraw from the Purchase Contract due to the sale of all stock, unavailability of the goods or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract has discontinued production or has made such significant changes, which has made it impossible to fulfil the Seller's obligations under the Purchase Contract or for reasons of force majeure, or if, even with all the efforts that may be fairly required of it, it is unable to deliver the goods to the Buyer within the time limit specified in these GTC or at the price specified in the Purchase Contract, or at the price specified in the Purchase Contract, or, as the case may be, in the e-shop. Seller is obliged to inform the Buyer of this fact immediately upon its discovery and to return the purchase price or part thereof already paid within 15 days of the notice of withdrawal from the contract by transfer to the account from which the purchase price or part thereof was paid, unless the Parties agree otherwise.
        11.2. If there is a defect in the goods which cannot be remedied and that prevents the goods from being properly used as a non-defective item, the Buyer shall have the right to have the goods replaced or to withdraw from the contract. The same rights belong to the Buyer if the defect is repairable, but if the Buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects.
    12. Force Majeure
        12.1. Force majeure shall be deemed to exist if the fulfilment of the contractual obligations of a Party is prevented or complicated, in whole or in part, by any force beyond the control of the Parties and independent of the will of the Parties, as well as in the event of the emergence of situations which make it impossible for a Party to complete the fulfilment of specific obligations, regardless of whether such phenomena or facts could have been foreseen at the time of executing the relevant Purchase Contract.
        12.2. In the event of a force majeure event, obligations of both Parties shall be temporarily suspended until the force majeure circumstances have ceased to exist. If the duration of the force majeure event is more than 21 working days following the date of receipt of the notice under Clause 13.4 of this Article, either Party may immediately withdraw from the relevant Purchase Contract in part or in full, in which case neither Party shall be entitled to compensation for any damages or loss of profit.
        12.3. In particular, the following shall be considered as force majeure: events of floods, earthquakes, as well as other natural disasters, explosions, fires, wars or military operations, international conflicts, civil disturbances, riots, quarantines, embargoes, mobilizations, strikes, general strikes, blockades, anti-pandemic measures, bans or restrictions on movement, bans on exports or imports, or any other circumstances beyond the control of the Parties and independent of the will of the Parties. Force majeure shall also be deemed to be the facts referred to in this Clause as well as the facts referred to in Clause 12.1 of these GTC insofar as they relate to the Supplier(s) of the Seller.
        12.4. The Party which has experienced a total or partial impossibility of fulfilling its obligations due to force majeure is obliged to inform the other Party in writing or by e-mail within 3 working days of the occurrence and termination of such obstacles, and within the same period of time to provide the other Party with a confirmation of the occurrence of this fact from the relevant chamber of commerce or other competent authority, unless these facts do not arise from generally available sources of information.
    13. Final Provisions
        13.1. If the Seller and the Buyer enter into a written Purchase Contract or a framework cooperation contract in which they agree on terms and conditions that deviate from these GTC, the provisions of the written Purchase Contract or the framework cooperation contract shall prevail over these GTC; the GTC shall apply to the extent of the terms and conditions that the written Purchase Contract or the framework cooperation contract does not provide for. If Purchase Contract or framework cooperation contract is concluded in writing, any modification thereof must be in writing.
        13.2. Buyers already registered prior to any change of the GTC automatically agree to the amended GTC, either at the moment of sending the order or at the expiration of the 30-day period from the placement of the amended GTC on the e-shop website.
        13.3. In case of doubt, the Parties agree that the period of use shall be deemed to be the period from the delivery of the goods to the Buyer (including the date of delivery) to the date of return of the goods to the Seller.
        13.4. The Parties agree that communication between them shall be mainly in the form of e-mail messages or letters.
        13.5. Relationships not regulated by these General Terms and Conditions are subject to the relevant provisions of the Commercial Code and other legislation.
        13.6. These GTC come into effect for each Interested Party/Buyer upon registration of the Buyer in the e-shop. Seller reserves the right to amend these GTC. The obligation to notify changes to these GTC is fulfilled by placing them on the e-shop's website.
        13.7. By registering, Buyer confirms that it has read these GTC and agrees to them in their entirety.
COHEEN s. r. o.

 
 
 
 
 
 
 
 
 
 
 
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