General Terms and Conditions of Winrender.com
Section 1 Scope of application
(1) Our deliveries, services, and offers are exclusively made on the basis of these general terms and conditions.
(2) Terms and conditions of the customer do not apply, even if we do not separately object to their application in the individual case.
(3) With the exception of managing directors and authorized signatories, our employees are not entitled to make verbal agreements with the customer in connection with the contract which deviate from these general terms and conditions.
Section 2 Offer and conclusion of contract
(1) Offers and prices contained in brochures, advertisements and other promotional material are not binding.
(2) The customer shall be bound by an order which has not yet been accepted by us for 14 calendar days after sending. We are allowed to accept the offer within this period of time. The time when the customer receives our acceptance shall be decisive for compliance with the period.
Section 3 Prices and payment conditions
(1) Our prices are inclusive of the statutory value-added tax, where it is applicable. The prices at the time of collection from our registered office in Prague shall apply, unless otherwise agreed upon.
(2) If we grant a starting or test credit at the time of registration via our website, an entitlement to this credit shall only exist if the customer did not already make use of such a credit before.
(3) The customer shall only have a right of set-off or a right of retention to the extent that his/her claim is undisputed or finally established by a court. This shall not apply for counterclaims of the customer based on warranty.
Section 4 Delivery time
(1) If we do not meet a binding delivery date or a binding delivery period, the customer shall grant us a reasonable grace period which may not be less than two weeks.
Section 5 Warranty and liability
(1) In the case of damage we and our vicarious agents are liable, irrespective of the legal reason (in particular in the case of default, defects, or other breaches of duty), only in the case of a breach of a essential contractual obligation, however, the amount shall be limited to the damage which is foreseeable at the time the contract was concluded and which is typical for this type of contract. Essential contractual obligations are obligations the fulfillment of which enables the proper execution of the contract and on the fulfillment of which the customer regularly relies on and may relyonfor.
(2) In the case of a purchase contract, we and our vicarious agents are not liable due to obvious material defects of the delivered goods if the customer does not notify us of the defect within a period of two weeks after delivery of the goods.
Section 6 Reservation in the case of transfer of ownership and/or transfer of rights
(1) We reserve the ownership of the delivered goods until full payment of the purchase price for these goods.
(2) The rights to be transferred and/or to be assigned shall only be transferred or assigned to the customer after full payment of the purchase price or the remuneration.
Section 7 Choice of language and law
(1) The contract shall be concluded in English.
(2) These general terms and conditions, as well as the contractual relationship between us and the customer, shall be subject to the laws of the Czech Republic, to the exclusion of the international uniform law.
Section 8 Jurisdiction
(1) If the customer is a merchant, a legal person under public law or a public-law special fund, the exclusive jurisdiction for all disputes directly or indirectly arising from the contractual relationship shall be our registered office in Prague. This shall also apply if the customer does not have a general jurisdiction in Czech Republic.
(2) In all cases, we shall be entitled to bring an action at the place of performance or at the general place of jurisdiction of the customer.
(3) Priority statutory provisions, in particular concerning the exclusive jurisdiction, shall remain unaffected.
Likesman s.r.o. IC 055 65 022
Voskovcova 1130/28, Hlubočepy, 152 00 Praha 5