General Terms and Conditions for the sale of services and goods

1. INTRODUCTORY PROVISIONS AND PURPOSE OF THE GENERAL TERMS AND CONDITIONS 1.1. These general terms and conditions (hereinafter the "GTC") govern the contractual relationships arising in connection with a contract concluded by means of distance communication on the website https://www.sando-morava.cz/, operated by the company SANDO MORAVA s.r.o., with its registered office at Za Pilou 114, 783 14 Bohuňovice, Company ID (IČO): 09689753, VAT ID (DIČ): CZ09689753 (hereinafter the "Provider"), in connection with or on the basis of a purchase contract (hereinafter the "purchase contract"), a buy-back contract (hereinafter the "buy-back contract"), a lease contract (hereinafter the "lease contract"), a service contract (hereinafter the "service contract") and a contract for the establishment of an extended warranty for machines (hereinafter the "extended warranty contract"), a loan-for-use contract (hereinafter the "loan-for-use contract"); the purchase contract, buy-back contract, lease contract, service contract, extended warranty contract and loan-for-use contract hereinafter jointly the "contracts") concluded between the Provider and the Client for the purpose of providing services (hereinafter the "Services"), or the sale of items (hereinafter the "Goods") according to the Provider's offer (the Services and Goods jointly hereinafter the "Product" or "Products"). Where a particular contract type expressly provides otherwise than stated in the general parts of these GTC, the provisions of the particular contract type shall apply. 1.2. The Provider and the Client hereinafter also as the "contracting parties". 1.3. These GTC form an integral part of the contract (hereinafter the "Contract") concluded between the Provider and the Client. 1.4. Contractual relationships under these GTC are governed by Czech law and apply in full, unless the contracting parties agree otherwise in writing on certain conditions. In such a case, the deviating arrangements contained in the Contract (Order) take precedence over these GTC. The provisions contained under a particular contract type within these terms and conditions then take precedence over the general provisions in these terms and conditions. 1.5. By concluding the Contract, the Client confirms that they have become familiar with these GTC, agree with them, and expressly acknowledge that these GTC are an integral part of the contractual arrangement between them and the Provider. 2. DEFINITIONS OF TERMS 2.1. The Client means a client, customer, user who concludes a Contract with the Provider. The Client may also be a consumer, i.e. a natural person who, when concluding and performing the Contract, does not act within the scope of their business or other entrepreneurial activity or within the scope of the independent exercise of their profession (in this case the designation "consumer" is used in these terms and conditions). If the Client states their Company ID (IČO) in the order form, it is presumed that the Contract is not concluded with a consumer. 2.2. The Contract, under these GTC, means the contract concluded between the Provider and the Client. 2.3. The Order means a duly completed and submitted electronic order form, which constitutes a proposal to conclude the Contract. 2.4. The Price means the remuneration for making available or supplying the selected Product. The Price means the final price including any costs associated with any packaging and delivery (especially for Goods). 2.5. The Website means the internet pages at https://www.sando-morava.cz/. 2.6. The CC means Act No. 89/2012 Coll., the Civil Code, as amended. 2.7. Personal data means name, surname, telephone number, billing and delivery address, email. 3. ORDER AND CONCLUSION OF THE CONTRACT 3.1. The Client orders the Product (hereinafter the "Order") via the web interface, i.e. through the ordering system on the Website, by completing an electronic order form or web form, or at the Provider's premises. 3.2. The Order contains in particular the basic information about the offered Product and its Price. 3.3. Before submitting the order form, the Client is obliged to check and, where appropriate, correct the entered data. The Provider is not liable for untrue, incorrect or incomplete data. By submitting the order form, a binding Order of the Product is made, i.e. a proposal to conclude the Contract. 3.4. Acceptance of the Order will be confirmed to the Client by sending an email to their email address stated in the Order. The confirmation email includes as an attachment a summary of the Order, including confirmation within the meaning of Section 1824a(2) of the CC, and these GTC. Upon delivery of this confirmation email, the Contract is concluded, and this email simultaneously constitutes confirmation of its conclusion. Any changes to the concluded Contract (including cancellation of the Order) are thereafter possible only on the basis of an agreement with the Provider. 3.5. In case of doubt, the Provider will contact the Client to verify the authenticity of the Order, and if the authenticity of the Order cannot be verified, it is presumed that the Order was not created at all. 3.6. The Client further expressly declares that they agree to the drawing up of the Contract or confirmation of the concluded Contract in written (electronic) form sent via email. 4. PRICE OF PRODUCTS, SERVICES AND PAYMENT A. Price of Products and Services 4.1. The agreed purchase price for the Goods / the price for acquiring the Service (hereinafter the "Price") is the price stated for the Product at the moment the Order is created (as stated in the submitted order form). 4.2. The Price of the Product may change, whereby the price valid at the moment the Order is created always applies to the Client. 4.3. For Goods, the costs associated with the packaging and delivery of the Product are also stated on the Website. The final price of the Goods is stated as final, including the costs of packaging and delivery of the Product. Goods are delivered only within the Czech Republic. 4.4. In the event of an obvious error in stating the Price (meaning in particular a typographical error, an error when entering prices) or a similar error in the process of concluding the Contract, the Provider is not obliged to supply the Product at such an obviously erroneous price, even if automatic confirmation of receipt of the Order occurred. In the event that the Client has already paid such an obviously erroneous price, the Provider is entitled to withdraw from the Contract. 4.5. If the Price changes in the period between the submission of the Order and its confirmation by the Provider, the Price valid at the moment the Order was submitted applies, unless otherwise agreed between the parties. B. Method of payment 4.6. The Price may be paid by the methods stated in the particular form, namely: a) by bank transfer to the Provider's account, b) by online bank transfer, c) by online card payment, d) in person in cash at the Provider's premises. 4.7. In the case of the payment method stated under letter a) (bank transfer to the account), the Client receives an invoice, payment details, including the variable symbol for the payment, in the email confirming receipt of the Order. 4.8. Any additional payment methods will be stated on the Website or may be agreed with the Provider. C. Due date of the Price 4.9. In the case of a cashless transfer, the Price is due within 14 days from confirmation of receipt of the Order (i.e. from the conclusion of the Contract). The due date is stated in the payment instructions and in the invoice. The Price is deemed paid at the moment the relevant amount is credited to the Provider's bank account. 4.10. In the case of a cashless transfer made on the basis of an advance invoice, a document of received payment - an invoice, which also serves as a delivery note - will be issued to the Client and sent to the email stated in the Order. 4.11. The provision of Section 2119(1) of the CC does not apply. 4.12. In the event that the purchase price is agreed in EUR and, by agreement of the contracting parties, is to be paid in CZK, the exchange rate of a commercial bank (the specific bank will always be stated on the invoice), foreign currency sell rate, valid on the day of the taxable supply, will be used for the conversion of the purchase price (on the basis of Section 4 of Act No. 563/1991 Coll., on Accounting). 5. PURCHASE CONTRACT 5.1. By concluding the purchase contract, the Provider as the seller (the Provider hereinafter also the "seller") undertakes to deliver to the Client as the buyer (the Client hereinafter also the "buyer") the object of purchase for the purchase price including VAT, and the buyer undertakes to take over the object of purchase and pay the stated purchase price. Unless the contracting parties agree otherwise, the purchase price includes: a) in the case of unused Goods, transport, if the place of delivery is the territory of the Czech Republic; and b) one-off operator training to the usual extent, if the place of delivery is the territory of the Czech Republic. The contracting parties shall also always agree on the time of handover. A delay of the seller in delivering the object of purchase not exceeding 30 calendar days from the expected delivery date of the object of purchase does not give rise to any rights of the buyer from the delay. 5.2. If the contracting parties agree that the buyer will pay the seller a non-refundable deposit on the purchase price, the buyer undertakes to pay this deposit including VAT on the basis of an advance invoice, which the seller will issue after concluding the purchase contract. In the event that the buyer is in default with payment of the purchase price, they are obliged to pay the seller contractual default interest in the amount of 0.1% of the purchase price for each calendar day of default. 5.3. In the event of the buyer's default with payment of the purchase price (or part thereof) longer than 30 calendar days, the seller has the right to withdraw from the purchase contract. If the seller exercises their right to withdraw from the purchase contract, the buyer is obliged to pay the seller all costs associated with such withdrawal, i.e. in particular the costs of transporting the object of purchase back to the place designated by the seller and carrying out a complete inspection of the object of purchase, on the basis of documents submitted by the seller. 5.4. The seller will notify the buyer in writing (by email) of the date from which the object of the contract will be ready for handover and takeover at the agreed place. 5.5. The buyer is obliged to take over the object of the contract at the place and time as agreed with the seller, but no later than within 15 days of the date notified by the seller; upon expiry of this period the buyer is in default. In the event of the buyer's default under the preceding sentence, the buyer is obliged to pay the seller a storage fee, i.e. the costs associated with storing the purchased item, in a reasonable amount of 0.05% of the purchase price for each day of default. 5.6. The place of delivery of the object of the contract is the seller's registered office, unless otherwise agreed. 5.7. The moment of fulfilment of the delivery is the takeover of the object of the contract by the buyer at the place of delivery, of which a handover protocol will be drawn up. In the event that transport is arranged by the buyer, the risk of liability for damage arising on the object of the contract passes to the buyer at the moment the object of purchase is handed over to the carrier. In the event that transport is arranged by the seller, the risk of liability for damage arising on the object of the contract passes to the buyer at the moment the object of purchase is handed over at the place of delivery to the buyer. Together with the object of the contract, the buyer will take over the operating manual and technical documentation for the object of the contract. 5.8. The object of the contract is the exclusive property of the seller and passes into the ownership of the buyer only upon payment of the entire amount of the purchase price of the object of purchase including VAT. 5.9. The buyer is obliged, as of the day of handover of the Goods, to provide the Seller with a power of attorney for the transfer of the owner in the register of road vehicles and to provide all necessary cooperation. If this is not fulfilled within 3 days of receiving the request to submit the power of attorney, or to provide the necessary cooperation, the seller has the right to demand a penalty in the amount of CZK 10,000. 5.10. In the event that the purchased item is designated as used, no quality warranty (for defects) applies to it. If, in the case of used goods, a hidden defect is not notified within 14 days of takeover by the buyer, all of the buyer's rights from defects against the seller lapse. In the case of obvious defects, the buyer is obliged to notify the defect without undue delay after they had the opportunity to discover it, otherwise all of the buyer's rights from defects against the seller lapse. 6. BUY-BACK CONTRACT 6.1. By concluding the buy-back contract, the Client undertakes to deliver to the Provider the object of buy-back for the purchase price, and the Provider undertakes to take over the object of buy-back and pay the stated buy-back price. 6.2. A protocol will be drawn up for the handover of the object of buy-back, which will include a description of the technical condition of the object of buy-back. The handover of the object of buy-back may be preceded by an estimate of the buy-back price, which, however, is not binding on the contracting parties in any way. The buy-back price will be determined only at the moment of handover of the object of buy-back according to its technical condition. 6.3. In the event that transport is arranged by the Provider, the risk of liability for damage arising on the object of buy-back passes to the Provider at the moment the object of purchase is handed over to the carrier. In the event that transport is arranged by the Client, the risk of liability for damage arising on the object of buy-back passes to the Provider at the moment the object of buy-back is handed over at the place of delivery to the Company. 6.4. The customer is liable for obvious defects that are notified by the Company within 14 days of takeover of the object of buy-back. 6.5. The customer is liable for hidden defects of the object of buy-back in accordance with generally binding legal regulations. 6.6. The customer is liable for all legal defects that encumber the object of buy-back at the moment of buy-back, regardless of when they are notified. 7. SERVICE CONTRACT 7.1. The subject of the service contract is the performance of repair activity by the Provider as the contractor (the Provider hereinafter also the "contractor") on the item and to the extent agreed with the Client as the customer (the Client hereinafter also the "customer") of these works, under the conditions laid down in the service contract and these terms and conditions. 7.2. The work is performed by its completion and handover to the customer. After completion of the work, the contractor will carry out a functionality test of the equipment, i.e. its repaired part, of which it will draw up a protocol, which will include a list of the repaired and used spare parts during the repair. The customer is obliged, upon takeover, to inspect the performed work and check the protocol. In the protocol, the customer will also state whether the work is being taken over without reservations or with what reservations. 7.3. The customer is obliged to assert obvious defects of the work with the contractor in writing without undue delay after takeover. 7.4. Performance of the work also means warranty repairs and acts to remedy defects discovered by the customer. 7.5. The work will be performed at the place agreed by the contracting parties, otherwise at the place designated by the customer. The costs of transporting the equipment to, or from, the agreed place of performance of the work are borne by the customer. 7.6. If the work is to be performed at the contractor's premises, the risk of damage to the object of repair passes to the contractor at the moment the machine is delivered to it, and for the period until the object of repair is handed back to the customer. A record of the condition of the machine upon takeover and handover back to the customer will be made in the job sheet and the relevant photo documentation will be taken. 7.7. The customer undertakes to create suitable conditions for the performance of the work, if it is to be performed at the place designated by them, in particular to enable free access to the equipment, which will be cleared of dirt, so that the contractor can start repairing it immediately. 7.8. The customer will further ensure the participation of an authorised person during the entire period of performance of the work, unless the contracting parties agree otherwise. 7.9. If it is necessary to use lifting or other technical equipment for the repair of the equipment, the customer is obliged to provide such equipment, or to reimburse the contractor for the costs of its transport to the place of performance of the work. 8. LEASE CONTRACT 8.1. The Provider as the lessor (hereinafter also the "lessor") will hand over to the Client as the lessee (hereinafter also the "lessee") the object of lease in the quality usual for the given product, taking into account normal wear and tear of an operational nature. In return, the lessee undertakes to pay the lessor rent. 8.2. A protocol will be drawn up for the handover and takeover of the object of lease, including the documents (user manual), which will contain the place of use of the object of lease. By signing the protocol, the lessee confirms that the object of lease is, at the moment of takeover, in a condition fit for use and without defects preventing its use. 8.3. The lessor is entitled to require, upon signing the lease contract, a refundable deposit from the lessee in the amount stated in the lease contract, to secure the fulfilment of obligations for the services provided. The object of lease will be handed over to the lessee only after payment of the relevant deposit. The deposit will be returned to the lessee after the object of lease is returned to the lessor, the last rent is paid, and all of the lessor's claims against the lessee are settled. 8.4. During the lease, the lessor is entitled at any time to request information about the object of lease, or to inspect it. In the event that the lessor discovers that the object of lease is damaged, or that the lessee does not use it in accordance with the conditions of use of the object of lease, the lessor is entitled to withdraw from this contract. 8.5. The total lease period also includes the time of transport and delivery of the object of lease, namely from the registered office (or branch or premises) of the lessor and back, as well as the periods of repairs of the object of lease which were demonstrably caused by the lessee or for which the lessee is responsible. 8.6. The costs associated with transporting the object of lease to the place of handover, as well as from the place of use to the place of return upon termination of the lease, are borne in full by the lessee. The lessee pays from its own resources the consumption of fuel, the ordinary topping-up of operating fluids (not replacement) and the washing of the object of lease. The lessor hands over the object of lease to the lessee with an empty tank. 8.7. The lessee undertakes not to overload the object of lease beyond the extent permitted by the technical parameters and not to modify it in any way. Furthermore, the lessee undertakes not to use the object of lease with accessories other than those supplied. 8.8. The lessee is entitled to use the object of lease solely for the purposes and at the places for which it is designed by its nature, and in the manner permitted by the manual and conditions of use, which are handed over to the lessee together with the object of lease. By taking over the object of lease, the lessee confirms that these documents were handed over to them, and that they were duly trained and advised of the conditions of use. The lessee is obliged to use the object of lease at the place stated in the handover protocol and within a radius of 50 km from this place, but always within the Czech Republic. In the event of cutting, puncturing, destruction, as well as extreme wear of the tyres or tracks beyond that in normal working conditions, the lessee is obliged to pay a proportionate part of the price of the tyres or running tracks (rubber or metal) in relation to their planned service life, according to the type and extent of the damage. 8.9. The lessee is not entitled to allow the use of the object of lease, including its accessories, to another person, nor to sublease it. The lessee may not lend the object of lease even free of charge and it may not be used as a pledge. In the event of a breach of this obligation, the lessee is liable for any damage, destruction, loss or theft, or other damage arising on the object of lease. 8.10. The lessee undertakes not to carry out any manipulation of the engine-hour counter. The daily limit of the number of worked engine hours for the use of the object of lease is set at 8 Eh, and the lessee is obliged to observe the relevant limit. In the event of a breach of this obligation, the lessee is obliged to pay the lessor the amount stated in the valid price list for each worked (consumed) Eh over the set limit. In the event that, during the duration of the lease relationship, an unauthorised intervention into the GPS system occurs on the object of lease by the lessee or a person to whom the lessee enabled access to the object of lease, the lessee is obliged to pay the lessor a contractual penalty in the amount of CZK 10,000. 8.11. The operation of the object of lease, including the prescribed daily maintenance, may be carried out only by qualified persons of the lessee. The lessee is responsible for ensuring that the object of lease is handled, or in any way used, only by persons who have been duly trained for this and have all the necessary authorisations for it. 8.12. A protocol will be drawn up by the parties for the handover of the object of lease. By signing the protocol upon return of the object of lease, the lessee confirms that all records in the protocol correspond to the actual condition of the object of lease after its return to the lessor. The lessee is liable for all damage to the object of lease which is notified by the lessor to the lessee within 14 days of takeover of the object of lease. In such a case, it is presumed that the damage to the object of lease already existed at the moment of takeover of the object of lease by the lessor. 8.13. The risk of liability for damage arising on the object of lease passes to the lessee at the moment of handover of the object of lease for transport to the relevant carrier. In the event that transport is arranged by the lessor, the lessee is obliged to notify the lessor immediately of all damage to the object of lease after takeover of the object of lease, otherwise the lessee is liable for such damage. 8.14. The lessor bears all costs of regular maintenance of the object of lease and any costs of remedying technical defects arising during the use of the object of lease, which were not caused by improper operation of the object of lease or neglect of the prescribed maintenance of the object of lease. During the lease, the lessee is obliged to responsibly perform all ordinary maintenance acts stipulated in the operating and maintenance manual of the object of lease and to precisely observe their stipulated intervals. 8.15. The lessee is obliged, at the designated intervals stated in the operating manual and given by the total number of worked Eh, to notify the lessor of the need to carry out a regular service inspection and planned maintenance, but at least 50 Eh before reaching the given number of Eh. The object of lease will be brought, at the lessee's expense, to a previously agreed paved site. If the weather conditions are unsuitable for the acts to be performed and for compliance with occupational health and safety regulations, the lessee is obliged to ensure, at its own expense, a suitable workplace for carrying out the service inspection or other service act. 8.16. During periods of malfunctions which were not caused by improper operation of the object of lease or neglect of the prescribed maintenance of the object of lease, the lessee does not pay rent. This does not apply if the lessor offered the lessee a similar device to fulfil the purpose of the lease. 8.17. In the event of an insured event caused by the lessee, no claim to the free provision of a replacement machine arises. Insurance 8.18. Insurance cover of the object of lease for the event of its damage, destruction, or theft to the extent according to the terms and conditions, and liability insurance for damage caused by the operator of the vehicle, is always arranged at its own expense by the lessor. In the settlement of a damage event by the insurer, the lessee is always obliged to pay the amount of the agreed deductible. 8.19. Damage caused by the lessee's failure to observe the conditions of use of the object of lease, further damage caused by breach of the prohibition on the inadmissibility of manipulating the object of lease by unqualified or third persons, persons under the influence of alcohol or other addictive substances, and damage arising from loss of any kind including lost profit, payment of all fines, etc., are not the subject of insurance and the lessee pays the damage in full. 8.20. In the event that the insured event is covered by the lessor's insurance, the invoice for the repair of the machine will be issued to the lessee, whereby, according to the extent of the lessee's fault for the insured event and depending on whether further damage arose to the lessor in connection with resolving the insured event (e.g. in connection with the lessee's failure to provide appropriate cooperation and fulfil other obligations), the lessee will pay the damage to the object of lease and the damage that arose to the lessor including lost profit. 8.21. During the lease, the lessee is obliged to notify the lessor without undue delay of any insured event, loss or damage that occurred in connection with or as a result of the use of the object of lease or from another cause, namely by telephone within 12 hours of the occurrence of the insured event and in writing within 72 hours of the occurrence of the insured event. 8.22. In connection with resolving the insured event, the lessee must provide the lessor with all necessary cooperation. This cooperation also includes enabling a person authorised by the lessor to enter the lessee's land, for the purpose of documenting and ascertaining the circumstances of the damage event. If the lessee fails to notify such an insured event, loss or damage, or fails to provide the lessor with the necessary cooperation, the lessee is liable to the lessor for the damage thereby arising, in full. Termination of the lease contract 8.23. The lease contract terminates: (a) by the expiry of the period for which it was agreed; (b) by agreement; (c) by withdrawal from the contract by the lessor; and (d) by the destruction of the object of lease. 8.24. In the event of termination of the lease relationship by expiry of the period, the lessee is obliged to return the object of lease in the same technical condition in which they took it over, taking into account normal wear and tear. Manipulation contrary to the conditions of use, incorrect ordinary maintenance, excessive loading, damage, etc. are not considered normal wear and tear. 8.25. The lessor is entitled to withdraw from the lease contract in writing: (a) if the lessee is or was in default with payment of rent or part thereof or another payment for longer than 30 days; (b) if the lessee does not take the object of lease into use no later than 30 days from signing the lease contract; (c) uses the object of lease contrary to the conditions of use; (d) does not perform ordinary maintenance, excessively loads the equipment; or (e) if the lessee becomes subject to execution, enters liquidation, or insolvency proceedings are commenced against them. 8.26. By withdrawal, the lease contract terminates on the day of delivery of the notice of withdrawal. 8.27. In the event of termination of the lease contract otherwise than by expiry of the lease period, the lessee is obliged to immediately cease use of the object of lease and transport it to the registered office, or another premises of the lessor, in a condition corresponding to normal wear and tear, at its own expense and risk, within 5 calendar days of delivery of the withdrawal. A protocol will be drawn up for the return of the object of lease. For default in returning the object of lease, the lessee is obliged to pay the lessor a contractual penalty in the amount of 150% of the daily rent until the object of lease is returned. The right to compensation for damage is not affected in any way by this provision on the contractual penalty. In these cases, the lessee is also obliged to inform the lessor of the place where the object of lease is located. The lessor is further entitled to take over the object of lease so that the object of lease comes into its power. If the object of lease is located on land owned by a third party, the lessee is obliged to ensure consent to access to the object of lease and take all suitable measures for this. Acts carried out in direct connection with the removal of the object of lease under this article are not considered an interference with the ownership or similar right to the immovable property on or in which the object of lease is located. 8.28. After termination of the lease, the lessee is obliged, at its own expense, to return the object of lease to the home premises of the lessor from which the object of lease was handed over to them for use, unless otherwise agreed in writing with an employee of the lessor. Otherwise, the costs of transporting the object of lease back to the home premises will be charged to the lessee. Upon termination of the lease relationship, the object of lease will be handed over to the lessor cleaned, including its cabin and interior. The costs of cleaning the object of lease are borne by the lessee. In the event that the lessee does not fulfil this obligation, the lessor is entitled to invoice the lessee for all costs incurred in cleaning the object of lease. 9. LOAN-FOR-USE CONTRACT 9.1. By the loan-for-use contract, the Provider as the lender (hereinafter also the "lender") hands over to the Client as the borrower (hereinafter also the "borrower") the agreed object of loan for free temporary use. 9.2. The borrower is obliged to use the object of loan only for the purpose agreed in the loan-for-use contract and in accordance with the instructions stated in the operating manual, which will be handed over to them together with the object of loan - the contracting parties have agreed that by taking over the object of loan the borrower confirms that they have also received the operating manual. The borrower bears all costs associated with using the object of loan, including the costs of transporting the object of loan to the borrower and transporting it back to the lender at the end of the loan. 9.3. The lender may require the immediate return of the object of loan and its removal from the place of use after discovering that the borrower uses it contrary to the purpose it serves, or does not use it properly, or in accordance with the instructions stated in the operating manual, or in accordance with the contract; the lender will in such a case require from the borrower the justifiably incurred costs associated with the immediate return of the object of loan (removal, maintenance, repairs and inspection). 9.4. In the event of the borrower's default in returning the object of loan, the borrower is obliged to pay the lender an amount corresponding to 150% of the daily rent according to the lender's price list for the lease of items, and if no such item is stated in this price list, then the lender is entitled to charge an amount of CZK 10,000 for each day of the borrower's default in returning the object of loan. 9.5. In other respects, the provisions of these terms and conditions on the lease contract apply similarly to the rights and obligations under the loan-for-use contract. 10. WITHDRAWAL FROM THE CONTRACT 10.1. In the event that the Contract is concluded by means of distance communication (i.e. among others via the internet), the Client has the right, within a period of 14 days from the day of conclusion of the Contract, to withdraw from the Contract without giving reasons. In the event that a longer period for withdrawal from the Contract (a so-called guarantee period) is stated on the Website for the given Product, this longer period applies. 10.2. The Provider is entitled to withdraw from the Contract if the Client does not pay the Price within 14 days of concluding the Contract, or within 14 days of notifying the details for payment of the Price, whichever of these moments occurs later. 10.3. The Provider is obliged to return to the Client (in the case of a proper withdrawal from the Contract) an amount fully corresponding to the Price within 14 days of withdrawal from the Contract, in the same manner in which it received the payment from the Client. 10.4. The Client cannot withdraw from a contract for the provision of Services if they have been provided in full. In this connection, the Client expressly agrees that the Provider may begin providing the Service before the period for withdrawal from the Contract expires. 10.5. Services If the consumer withdraws from a contract the subject of which is the provision of Services, they will pay the Provider a proportionate part of the agreed price for the performance provided up to the moment of withdrawal from the Contract. 10.6. Goods The Provider may, upon withdrawal from the purchase contract by a Client who is a consumer, require only the payment of: 10.6.1. if the consumer - Client chose a delivery method other than the cheapest method of delivery of the Goods offered by the Provider, the Provider will return to the consumer the costs of delivery of the Goods in the amount corresponding to the cheapest offered method of delivery of the Goods. 10.6.2. in the case of a reduction in the value of the Goods, which arose as a result of handling these Goods otherwise than is necessary to become familiar with the nature, characteristics and functionality of the Goods. This does not apply if the Provider did not communicate to the consumer the information under Section 1820(1)(i) of the CC (i.e. the conditions, period and procedure for exercising the right to withdraw from the Contract, as well as the model form for withdrawal from the Contract, if this right can be used; the requisites of the model form are laid down by an implementing legal regulation). 10.7. In the event of withdrawal from the Contract for Goods, the Client is obliged to return the Product to the Provider, no later than within 14 days of taking over the Goods, or a) the last piece of Goods, if the consumer orders several pieces of Goods within one order, which are delivered separately, b) the last item or part of a delivery of Goods consisting of several items or parts, or c) the first delivery of Goods, if regular delivery of Goods over an agreed period is arranged in the Contract. 10.8. If the Client withdraws from the Contract, they will send or hand over to the Provider the Goods they received from it, without undue delay, no later than within 14 days of withdrawal from the Contract, unless the Provider offered to collect the Goods itself. The period is observed if the consumer sends the Goods before its expiry. 10.9. The Provider will pay to the Client who is a consumer the costs associated with the return of the Goods, if it did not advise the consumer of the obligation to bear these costs in accordance with the provision of Section 1820(1)(j) of the CC (i.e. the Provider notifies the Client that in the event of withdrawal from the Contract the consumer will bear the costs associated with the return of the Goods, and, in the case of a contract concluded by means of distance communication, the amount of the costs associated with the return of the Goods, if the Goods cannot, by their nature, be returned by the usual postal route). 10.10. The Provider will collect the Goods from the consumer at their home at its own expense, if the consumer withdraws from a Contract concluded outside the premises usual for the Provider's business, the Goods were delivered to the consumer's home at the moment of conclusion of the Contract, and the nature of the Goods does not allow them to be sent by the usual postal route. 11. RIGHTS FROM DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE 11.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the CC and Act No. 634/1992 Coll., on Consumer Protection). 11.2. The Provider is liable to the Client that the Product has no defects upon takeover. In particular, the seller is liable to the Client that the Product a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics, b) is suitable for the purpose for which the Client requires it and with which the seller agreed, and c) is delivered with the agreed accessories and instructions for use, including installation instructions. 11.3. The Provider is liable to the Client that, in addition to the agreed characteristics, a) the Product is suitable for the purpose for which an item of this kind is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given sector, in the absence of technical standards, b) the Product, in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of items of the same kind which the Client can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labelling, and d) the Product corresponds in quality or design to the sample or template which the seller provided to the Client before concluding the Contract. 11.4. A form for asserting a complaint is available in electronic form on the Website. For faster handling, we recommend attaching the completed form to the complained Goods in printed form. The Client may, but need not, use the form. This means that they may also use any form by which they communicate to the Provider the necessary data for handling their complaint. 11.5. A complaint may also be notified in advance by telephone or email. 11.6. A complaint may be asserted with the Provider without undue delay after discovering the defects, the Client subsequently hands over the Goods to the Provider, or according to its instructions stores them or otherwise suitably deals with them so that the defect can be examined. If the Client notified the defect justifiably, the period for notifying the defect does not run for the period during which the Client cannot use the defective object. 11.7. On the grounds of liability for defects, the Client may require either the repair of the item, or the delivery of a new item without defects, at their choice, unless one of the stated methods of remedying the defect is impossible or disproportionately costly. The Client will be entitled to a reasonable discount or withdrawal from the Contract (and thereby also a refund) only in the event that: • the Provider refuses to remedy the defect or does not remedy it, • the defect manifests itself repeatedly, • the defect is a material breach of the Contract, • it is evident from the declaration or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for the Client. 11.8. The Client will communicate to the Provider which right they have chosen, upon notifying the defect, or without undue delay after notifying the defect. The Client cannot change the choice made without the Provider's consent; this does not apply if the Client requested the repair of a defect which turns out to be irreparable. 11.9. The Provider will handle the complaint without delay, but no later than within a 30-day period from its receipt. The Provider undertakes that, in the event that, for statutorily stipulated reasons, the complaint process lasts longer than 30 days, it will provide the Client, by the 30th day from receipt of the complaint, with information about the progress of the complaint. 11.10. The Provider will remedy the defect within a reasonable time after it is notified, so as not to cause the Client significant difficulties, taking into account the nature of the item and the purpose for which the Client bought the Product. To remedy the defect, the Provider will take over the Goods at its own expense. 11.11. Upon delivery of a new item (Goods), the Client will return to the Provider, at its expense, the item originally delivered. The Client is obliged to take over the new Goods without undue delay within 14 days of the day on which they were informed of the handling of the complaint. 11.12. Monetary amounts which the Provider is to hand over to the Client on the grounds of defective performance, whether on the grounds of providing a reasonable discount, or if the user withdraws from the Contract, will be returned by the Provider at its own expense without undue delay, but no later than within 14 days of the day on which the Client asserted the relevant right from defective performance with the Provider. 11.13. If, in the case of a refund of funds, the Client does not choose another option, or the parties do not agree on another procedure, the funds will be returned to them to the bank account from which the funds were sent. If the Goods are to be sent to the Client again and the Client does not choose another option, or the parties do not agree on another procedure, the Goods will be sent to them to the same address as with the original Order. In the case of intangible performance in electronic form, and if the Client does not choose another option, or the parties do not agree on another procedure, the performance will be sent to them to the same electronic address to which the original Order was sent. 11.14. Rights from defective performance do not belong to the Client in the event of: a) defects caused by incorrect use or storage of the Product, failure to observe the manual, unsuitable maintenance, b) the Client knowing that the Product has a defect, or the Client causing the defect themselves. 11.15. In the event that a defect manifests itself on the Product to the Client who is a consumer within 12 months of takeover, it is presumed that the Product was already defective upon takeover. The Client may notify a defect which manifests itself on the item within two years of takeover. When purchasing a used item, this period is shortened, according to Sections 2168 and 2165 of the CC, to one year. 11.16. A defect may be notified to the Provider. However, if another person, who is at the Provider's location or at a location closer to the Client, is designated for the repair, the Client will notify the defect to the person designated to carry out the repair. Wear caused by the usual use of the Goods, or, for used Goods, wear corresponding to the extent of their previous use, is not a defect of the Goods. 12. WARRANTY CONDITIONS 12.1. The Provider, under the conditions set out below, provides a warranty on the sold equipment, spare parts and accessories, or the service works performed. 12.2. The warranty period always runs from the day of takeover of the item, installation/assembly of the accessory or performance of the repair (remedying of the defect), whichever is relevant in the given case. 12.3. The Company will train the machine crew, explain the correct handling of the machine and devices, familiarise them with the lubrication points, maintenance and necessary care of the machine, and communicate these warranty conditions. 12.4. The warranty period for a new machine is governed by the following overview and begins to run at the moment of handover of the machine to the customer and ends upon reaching one of the stated limits: 12.5. The costs of transporting the machine are borne by the Client, both the costs of transport from the Client to the place of repair and the costs of transport back to the Client. The Provider does not compensate or provide any reimbursement of costs associated with the repair, whether it be a replacement machine, recovery of the damaged machine, costs of meals, accommodation, tolls, travel, etc. 12.6. The warranty covers: (a) all components on the machine which are not subject to normal wear and tear; (b) drivetrain - engine (including water pump, oil pump and turbochargers), gears, axles, gearboxes, articulated shafts, coolers; (c) electrical system - alternator, starter, computer hardware, switches, wiper motor, heating, wiring harnesses, instruments; (d) hydraulics - pumps, hydraulic motors, hydraulic distributors, hydraulic cylinders; the warranty on hydraulic hoses is limited to 1 year; (e) fuel system - suction pump, injection pump - only construction defects; (f) braking system - brake pumps, brake boosters, brake pistons; (g) steering - pumps, pistons, steering box, valves; (h) structure - undercarriage, boom, main frame, pillars, loader arms; and (i) miscellaneous - oil seals, bearings, slewing rings. 12.7. The warranty does not cover: (a) clutches, brake discs, friction pads, brake linings (including the handbrake), oils, lubricating greases, filters; (b) drivetrain - filters, fan belts, drive belts, dry multi-plate clutches, all friction pads, tie rod ends, wheel nuts and bolts, exhaust systems, control cables, heating hoses, inner tubes, wheels; (c) electrical system - bulbs, fuses, batteries, lights, relays, pins, terminals, sockets; (d) hydraulics - filters, hydraulic quick couplers; (e) fuel system - filters, injectors, SCR system, particulate filter, other components of emission systems (f) miscellaneous - rubber inserts and wiper arms, all glass, seat, cabin equipment, seat belts, sealing strips, rubber seals, handles, locks, hinges, mirrors, bodywork and paint, rubber stops on axles and cabins, boom pads, pins and bushings, and couplings, refrigerant charge / pressure in the air conditioning, cabin filters, buckets, teeth, cutting edges, tow hooks, tow ropes, securing hooks of three-point hitch arms, all attachments mounted to the bucket, boom, loader arms and three-point hitch; (g) consumables and other components requiring regular maintenance or periodic repairs or replacements; and (h) repairs associated with adjustment, calibration and reprogramming of any software. 12.8. The warranty likewise does not cover defects caused by the following circumstances: (a) unsuitable handling; (b) unsuitable repair; (c) accidental damage; (d) any add-on device which was not originally mounted by the manufacturer; (e) any modifications required by law; (f) any modifications of the machine not approved in writing by the manufacturer or authorised dealer; (g) impassable or contaminated coolers and oil coolers; (h) build-up of carbon deposits; (i) accidents; (j) contamination of the fuel or hydraulic system; (k) use of the machine despite existing problems; (l) corrosion; (m) fire damage; (n) damage by frost or snow (o) defects and damage caused by the effects of excessive heat and cold on the machine, or by the influence of normal atmospheric conditions acting on the machine; (p) damage by the fall of a foreign object onto the machine and other external damage; (q) damage or defects as a result of neglecting maintenance and service of the machine in accordance with the manufacturer's recommendations; (r) exhaust emissions; (s) incorrect use or application; (t) use of incorrect fuel (fuel specification according to the operating manual); (u) incorrect storage of the machine, machines stored or unused for a longer period; (v) unauthorised driver or operator; (w) unjustified delay in bringing the machine in for repair after discovering a problem, or after notification by the manufacturer or the Company of the occurrence of a potential problem; (x) use of spare parts, lubricants and lubricating greases other than original. 12.9. Obligations of the Customer on which the exercise of the warranty is conditional: (a) the machine must undergo service in accordance with the intervals stated in the operator's manual and such works must be performed by an authorised dealer; (b) the machine may only be driven by authorised persons; (c) the prescribed fluid levels must be maintained; (d) the prescribed tyre pressures must be maintained. The machine must be fitted only with the prescribed tyres. The combination of tyres from different manufacturers on one axle is prohibited. The difference in rolling radii of the tyres used on one axle must not be greater than 2%; (e) all daily and weekly checks stated in the operator's manual must be carried out; (f) if the machine shows signs of a defect or possible defect which could have a negative effect on it, it must be immediately taken to an authorised dealer; (g) if any defect or malfunction occurs in the machine, all necessary measures must be taken to minimise possible damage; (h) if the counter or another device used to measure the number of operating hours of the machine stops working, the authorised dealer must be immediately informed; (i) any authorised dealer must be allowed to inspect and check the reading on the operating-hour counter and its functionality; (j) all coolers and radiators must be regularly cleaned, if so required under the service plan; (k) all drive shafts must be protected against foreign materials. The Customer will bear at their own expense all costs arising from the machine running out of fuel, lubricant, or becoming contaminated; in the event of a request to exercise the warranty on the machine's fuel system, the customer is obliged to enable the taking of a fuel sample from the machine for its further analysis. The costs of the analysis are borne by the Customer in the event that, on the basis of the evaluation of the sample, the warranty is not recognised. 12.10. The warranty does not cover rubber tracks and tyres. A complaint regarding rubber tracks and tyres must be asserted with their manufacturers or their representative in the Czech Republic, not with the seller of the supplied machine. 12.11. If the contracting parties so agree, the Client is obliged to pay a deposit before the commencement of warranty works. This deposit will be returned to the Client in the event that the complaint proves to be justified. In the event that the complaint is not recognised by the Provider, the contracting parties have agreed that the Provider is entitled to set off the paid deposit against the price of the repair according to the standard price list. 12.12. No new warranty is provided on a repaired or replaced part, or on a repaired part of the equipment; only the original warranty in its original scope before the warranty repair applies to it. Damaged parts replaced during a warranty repair become the property of the Provider at the moment of handing the equipment back to the Client. 12.13. In the case of performance under the warranty, the Client does not have the right to withdraw from the concluded contract. In the case of performance under the warranty, the following will be proceeded with at the Provider's discretion - repair of the item, delivery of a new item without a defect, or delivery of a missing item, and only upon the impracticability or uneconomical nature of these methods of warranty performance does the Client acquire the right to exercise the remaining statutory rights. 12.14. A complaint will be handled within a period of 30 days from the notification of the defect. In the event that the notified defect does not lie in an original accessory (part) manufactured by the manufacturer, the period for handling the complaint is extended to 60 days. 12.15. The contracting parties may, beyond the scope stated in Article 11 of these GTC, agree (extended warranty contract) on a so-called extended warranty (hereinafter the "extended warranty"). The extended warranty is provided for the duration and to the extent agreed in the contract. 13. HANDLING OF COMPLAINTS, RESOLUTION OF CONSUMER DISPUTES 13.1. In the event of a complaint regarding the performance of the Contract or the activity of the Provider, the Client contacts the Provider at the email address info@sando-morava.cz 13.2. Consumers may also address their complaints to the supervisory and state oversight authorities, the Czech Trade Inspection Authority or the Office for Personal Data Protection. 13.3. If a consumer dispute arises between the Provider and the Client who is a consumer, the consumer has the right to its out-of-court resolution. The subject of out-of-court resolution under Act No. 634/1992 Coll., on Consumer Protection, is the Czech Trade Inspection Authority. All details on out-of-court resolution are stated on the website of the Czech Trade Inspection Authority www.coi.cz. The consumer may also use the online dispute resolution platform, which is established by the European Commission at the address http://ec.europa.eu/consumers/odr/. 14. FINAL PROVISIONS 14.1. Legal relationships between the Provider and the Client not governed by these GTC are, by express agreement, governed by the relevant provisions of the CC and, in the case of a contractual relationship with a consumer, also by Act No. 634/1992 Coll., on Consumer Protection, as amended. 14.2. These GTC are published on the Provider's Website and are directly referenced in the order forms for the Products. By submitting the completed order form via the Website, the Client confirms that the content of the GTC is known to them and that they agree with it. 14.3. The Provider will also send these GTC in PDF or similar format to the Client in the email confirming the completed Order. 14.4. The Contract is concluded for a definite period, until the fulfilment of the obligations of the Provider and the Client arising from the Contract. 14.5. The principles of processing personal data can be found in the document Protection of Personal Data, which is published on the Website and is directly referenced in the order forms for the Products. 14.6. If any provision of these GTC is or becomes invalid or ineffective, in place of the invalid or ineffective provision a provision whose meaning most closely approximates that of the invalid or ineffective provision shall apply. The invalidity or ineffectiveness of a provision of the GTC does not affect the validity and effectiveness of the other provisions of the GTC. 14.7. These GTC are effective from 1 August 2023. 14.8. The Provider is entitled to change or cancel the GTC in cases where a reasonable need for their later change arises. In the event of a change to the GTC, relationships concluded after the day of effectiveness of the changed GTC are governed by the changed GTC. 14.9. In the event that the Provider decides to change or cancel the GTC, the currently valid and effective wording of the GTC will always be published on the Website and, where appropriate, also on other web portals of the Provider, so that all interested parties in concluding the Contract and other persons can become familiar with the current wording of the GTC. 14.10. The Provider obtains the personal data of the customer on the basis of the granting of "Consent to the processing of personal data". The Provider uses this personal data exclusively in connection with the pre-contractual offer, the formation of the Contract, the realisation of deliveries under the Contract and the exercise of rights and obligations under the Contract in accordance with the provisions of these GTC. Further information on this matter is part of a separate document, Protection of Personal Data, which is available on the Website. 14.11. The email address for sending withdrawal from the concluded Contract (e.g. by means of the form on the Website) is: info@sando-morava.cz, or the Client may send the withdrawal by post to the address of the Provider's registered office. 14.12. The Client agrees to the installation and operation of a telematics system in the object of the contract, if the machine is equipped with one. The telematics system monitors and stores data from the object of the contract (in particular location, fuel consumption, error messages, operating data, etc.). The Client agrees to the disclosure, processing and use of this data by the Provider. This consent applies similarly to any other systems for monitoring the object of the contract. FORM FOR WITHDRAWAL FROM THE CONTRACT (complete this form and send it back only if you wish to withdraw from the contract) Notice of withdrawal from the contract Addressee: SANDO MORAVA s.r.o., registered office at Za Pilou 114, 783 14 Bohuňovice, Company ID (IČO): 09689753, VAT ID (DIČ): CZ09689753 I/we (*) hereby notify that I/we (*) withdraw from the contract for the purchase of goods (*)/for the provision of these services (*)/for the provision of these services (*)/for the provision of a digital product (*): Date of ordering/date of receipt (*): Name and surname of the consumer/consumers (*): Address of the consumer/consumers (*): Bank account number for the refund: Signature of the consumer/consumers (*): (only if this form is sent in paper form) Date: (*) Delete as inapplicable or fill in the data