of EBIA CZ, s.r.o.
Registered office: Trnec 1734, 666 03 Tišnov, Czech Republic
Company ID (IČO): 28359046
Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert No. 63566/KSBR
(in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code)
1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the mutual rights and obligations of the contracting parties in connection with, or based on, contracts for work, purchase contracts, service agreements, or other similar contractual types concluded between EBIA CZ, s.r.o. (hereinafter the “Supplier”) and the purchaser, client, or another entity (hereinafter the “Customer”).
1.2. The GTC are published on the Supplier’s website at https://www.ebia.cz/o-nas/#VOP.
The Supplier reserves the right to unilaterally amend or revoke these GTC. Any such change will be promptly announced on the Supplier’s website. Contracts concluded before the amendment shall be governed by the version of the GTC valid at the time of their conclusion.
1.3. In accordance with Section 1751 of the Civil Code, these GTC form part of a contract only if attached to the contract or offer, or if they were known to both parties.
1.4. Any provisions agreed individually in a specific contract shall take precedence over these GTC.
1.5. These GTC constitute the exclusive terms and conditions applicable between the Supplier and the Customer and exclude the application of any terms of the Customer, unless the Supplier has given prior written consent.
2.1. A contract between the parties is concluded either (i) by signature of both parties, or (ii) by confirmation of the Customer’s order by the Supplier.
2.2. The order must specify the subject of performance, quantity, delivery date, price, order number and date, and any additional requirements. The contract becomes binding upon the Supplier’s confirmation of the order.
2.3. Any changes to, or cancellations of, orders must be discussed with the Supplier’s sales representative. The Supplier may charge costs associated with such changes or cancellations (up to 50% of costs before production begins, and up to 100% after production has started).
3.1. The subject of performance is the delivery of goods or execution of work in accordance with the contract, order, or quotation.
3.2. The Customer shall provide the Supplier with all necessary cooperation to ensure proper performance.
3.3. Unless otherwise agreed, the goods are supplied suitable for their usual intended purpose.
Article 4 – Price and Payment Terms
4.1. All prices are stated exclusive of VAT.
4.2. The price does not include packaging, transport, insurance, or other related costs unless otherwise agreed.
4.3. Invoices shall be issued in accordance with the VAT Act and are payable within 30 days of the invoice date, unless otherwise agreed.
4.4. The Supplier may require an advance payment. In the event of a delay in payment of the advance, the delivery period shall be extended accordingly.
4.5. In case of delay in payment, the Supplier is entitled to charge default interest of 0.1% per day and an administrative fee of CZK 200 for each payment reminder.
4.6. The Supplier is entitled to adjust the price in the event of a demonstrable increase in input material costs.
Article 5 – Delivery of Goods or Work
5.1. Delivery shall take place within the agreed period; the decisive moment for fulfilment is the handover of the goods to the carrier.
5.2. Delivery periods shall be extended in the cases specified in these GTC (e.g., delay in advance payment, lack of cooperation, force majeure).
5.3. Unless otherwise agreed, the place of performance shall be the Supplier’s facility, in accordance with FCA INCOTERMS 2010.
5.4. If the Customer fails to take delivery of the goods, they shall bear the costs of re-delivery or storage.
Article 6 – Transfer of Risk and Ownership
6.1. The risk of damage to the goods passes to the Customer at the moment of handover to the carrier or upon release for collection.
6.2. Ownership of the goods passes to the Customer only after full payment of the purchase price.
Article 7 – Warranty and Claims
B2C – Consumers
7.1. Consumers are entitled to claim defects within the statutory period of 24 months from receipt of the goods.
7.2. Consumers are entitled to free repair of defects, an appropriate price reduction, replacement of goods, or withdrawal from the contract in the event of a material defect.
7.3. Claims must be submitted in writing by e-mail to info@ebia.cz or by post to the Supplier’s registered office address.
B2B – Business Customers
7.4. In business relationships, the Customer must report apparent defects upon receipt of the goods.
7.5. The Supplier provides a contractual warranty for the period specified in the respective contract. The warranty does not cover normal wear and tear or cases specified in the operating manual.
Article 8 – Personal Data Protection
8.1. The Supplier processes personal data in accordance with the General Data Protection Regulation (GDPR).
Details are provided in the document “Personal Data Processing Policy” published on the website www.ebia.cz.
Article 9 – Intellectual Property
All drawings, technical documentation, and technical information provided by the Supplier remain its intellectual property and may not be used or disclosed without the Supplier’s prior written consent.
Article 10 – Trade Names and Trademarks
The Customer shall not use the Supplier’s trade names or trademarks without the Supplier’s prior written consent.
Any breach of this obligation entitles the Supplier to claim a contractual penalty of CZK 200,000 for each individual case.
Article 11 – Force Majeure
Neither party shall be liable for delays caused by circumstances of force majeure (e.g., natural disasters, epidemics, wars, strikes).
If such circumstances persist for more than two months, either party may terminate the contract.
Article 12 – Consumer’s Right of Withdrawal from Distance Contracts
12.1. Consumers have the right to withdraw from a contract concluded by means of distance communication or outside business premises within 14 days of receiving the goods, without stating any reason.
12.2. The withdrawal notice may be sent by e-mail to info@ebia.cz or by post to the Supplier’s registered address.
12.3. The consumer bears the direct costs of returning the goods. The purchase price shall be refunded within 14 days of the withdrawal, usually after the returned goods have been received by the Supplier.
Article 13 – Termination and Dispute Resolution
13.1. The contract may be terminated by mutual agreement, notice, or withdrawal in accordance with these GTC and applicable law.
13.2. The parties shall attempt to resolve any disputes amicably.
If no agreement is reached, disputes shall be governed by Czech law and decided either by the competent general courts or, if the parties agree, by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic.
Article 14 – Final Provisions
14.1. Relationships arising under these GTC shall be governed by the laws of the Czech Republic.
14.2. If any provision of these GTC is found invalid or unenforceable, this shall not affect the validity of the remaining provisions.
14.3. These GTC take effect as of October 2, 2024.
