The legal relationship between FENIX Trading s.r.o. (hereinafter referred to as the “Seller”) and the Buyer are governed by the laws of the Czech Republic, in particular Act No. 89/2001 Coll., the Civil Code, as amended (hereinafter also referred to as the “Civil Code”).
These General Terms and Conditions further define and specify the rights and obligations of the Seller and the Buyer and are available on the website www.fenixgroup.cz.
Any provisions in the sales contract that differ from these terms and conditions shall take precedence over the wording of these terms and conditions.
I. Publication of Prices
- The standard range of goods offered by the seller, including basic technical information and recommended retail prices, is set out in the seller’s product catalogue (hereinafter referred to as the “price list”).
- The price list is available in printed form at the Seller’s premises; it is also distributed free of charge to points of sale and, upon request, may be sent in printed form by post or in electronic form (PDF and MS Excel formats).
II. Validity of prices
- The price list specifies the start date of validity; prices are quoted in CZK and are set on an ex works basis (factory loading bay).
- The price list is usually published twice a year – on 1 April and 1 October of the relevant calendar year.
- The seller reserves the right to adjust the dates or frequency of publication of this price list if necessary. Prices remain valid until the publication of the next price list with a new effective date.
- Prices for non-standard products not listed in the seller’s price list are negotiated on a case-by-case basis.
- For quotations drawn up by the seller prior to the publication of a new price list, where no validity period was specified, the validity of the original prices is guaranteed for one calendar month from the effective date of the new price list.
- For orders where a new price list comes into effect between the date of receipt and the scheduled dispatch date, the prices valid at the time of order receipt are guaranteed.
III. Ordering Goods
1. The Seller’s price list constitutes a draft sales contract (an offer). The Buyer’s order is deemed to constitute acceptance of the offer, and any change – even to minor details of the draft contract – is subject to the Seller’s subsequent approval. The same applies to email correspondence between the seller and the buyer. Where an email, including any attachments, relates to contract negotiations, the buyer acknowledges that at FENIX Trading s.r.o., the conclusion of all contracts is subject to internal rules, and a reasonable expectation that a contract will be concluded is only possible following final approval of the relevant contract by FENIX Trading s.r.o.
Acceptance of an offer with an amendment or deviation is excluded in accordance with the provisions of Section 1740(3) of Act No. 89/2012 Coll., the Civil Code, as amended.
2. The buyer is obliged to issue a written order to the seller, which must specify, in particular:
a) identification details – the buyer’s first name and surname, billing address; for legal entities, the full name and company registration number; for VAT payers, the VAT registration number
b) the date the order was issued;
c) method of collection of the goods – collection in person, or a request for delivery by a public transport service;
d) where transport by a public transport service is requested, the full address to which the goods are to be delivered, the first name and surname of the person responsible for taking delivery of the consignment and, in the case of cash on delivery, for payment thereof, and the telephone number and email address of that person
e) preferred method of payment
f) unambiguous identification of the goods ordered and the required quantity – unambiguous identification is deemed to include, for example, the order number listed for the goods in the supplier’s price list
g) a specific delivery date, if requested by the buyer
3. The buyer shall send the order to the seller by post, fax or email to the contact address of the domestic sales staff. The current list of staff responsible for domestic sales is published on the seller’s website – www.fenixgroup.cz
4. The buyer will not receive confirmation of receipt of the order; they will only be notified by a collection notice. They will be contacted if the order does not contain the required technical and commercial details. The date on which the required details were supplemented or clarified shall then be deemed the date of receipt of the order.
5. An order that has been sent and accepted is binding, and by placing an order, the buyer confirms that they have read and agree to the Seller’s General Terms and Conditions and Complaints Procedure.
6. The contract of sale comes into effect upon acceptance of the order.
7. The seller reserves the right to refuse an order if the buyer repeatedly fails to fulfil their obligation to take delivery of the goods and pay the purchase price.
8. The seller also has the right to refuse an order if it contains an unfulfilable requirement (so-called ‘impossible performance’). In this case, the buyer shall be notified of the impossibility of performance.
IV. Dispatch of Goods
1. The standard delivery time is 14 days from receipt of the order. At the buyer’s request, the seller may arrange for delivery via public transport services (Toptrans, Česká pošta, PPL, DPD, DHL, etc.).
2. For orders with a value of less than 2,000 CZK, a packing charge of 30 CZK is applied. For orders valued at up to 20,000 CZK, delivery costs are borne by the buyer. For orders valued at over 20,000 CZK, the seller covers delivery costs throughout the Czech Republic.
3. The total value of the consignment, delivered to a single destination, as invoiced to the buyer (excluding VAT), is the determining factor for the provision of free delivery. Where the buyer is entitled to free delivery, the seller shall select the carrier, taking the buyer’s requirements into account.
4. Upon taking delivery of the goods from the seller, the buyer assumes liability for any defects in the purchased goods – see the Complaints Procedure, published on the seller’s website – www.fenixgroup.cz. Where goods are dispatched via a carrier, the risk of damage to the goods passes to the buyer at the moment the seller hands over the goods to the first carrier for transport to the buyer’s destination.
5. The buyer is obliged to accept the ordered goods and pay the total price. In the event of refusal for reasons other than those specified in the Complaints Procedure, the seller is entitled to claim reimbursement of the costs associated with the preparation and dispatch of the goods; in the case of non-standard products, the seller may also claim the value of the goods up to 100 per cent of the invoiced price.
V. Payment for goods
1. Payment shall be made by cash on delivery upon receipt of the goods, or by bank transfer prior to dispatch of the goods.
2. In the case of bespoke products, the seller reserves the right to issue an advance invoice for up to 100 per cent of the value of the products.
3. The seller has the right to withdraw from the sales contract (binding order) if performance becomes impossible and no agreement is reached with the buyer regarding alternative performance. Should the buyer have paid for the ordered goods in advance and should the seller withdraw from the contract for the reason stated above, the seller shall refund the full amount to the buyer within 5 working days of receiving written notice of withdrawal from the contract at the latest.
4. In the case of regular contractual purchases, it is possible to agree on individual terms and conditions (volume discounts, delivery terms, method of payment, conditions for free delivery).
5. Where payment is to be made on the basis of an invoice issued by the seller, the invoice shall be issued on the date of dispatch of the goods. The standard payment term for the invoice is 14 days.
6. In the event of late payment of an invoice, the buyer agrees to a contractual penalty of 0.1% of the invoiced amount for each day of delay.
7. For orders placed via the online shop (point VI), the buyer may choose an electronic cashless payment method (online). The first option is to use a payment card, in which case, upon completion of the order, the buyer will be redirected to the payment gateway of Česká Spořitelna, a.s. The payment gateway utilises a 3D Secure environment and encrypted data transmission, thereby guaranteeing the highest possible level of security. To make a payment, the payment card must be enabled for online payments (if in doubt, please check with your bank), and you must know the 16-digit card number, the expiry date and the CVC/CVV code (these details are printed on the payment card).
The second option is to use the e-Platba service, which redirects the buyer to their bank’s online banking portal. The payment is then made via online banking. Payments are processed via the account of ComGate Payments, a.s. Sensitive details entered by the buyer into the online banking system are protected by the banks’ payment gateways and are not shared with third parties. Payment processors can only see the transaction details provided to them by the bank when the transaction is submitted. By selecting the e-Platba service and by submitting the order, the buyer (in accordance with Act No. 101/2000 Coll., on the protection of personal data) gives the seller consent to process their contact details until such time as they express their written objection to such processing. The contact details provided by the buyer when placing an order are used exclusively for the seller’s purposes and will not be disclosed to any other parties, with the exception of payment processors.
When using an electronic cashless payment method, the seller will dispatch the goods immediately upon receipt of confirmation of payment. Under the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. The seller is also obliged to register the received payment with the tax authority online; in the event of a technical failure, this must be done within 48 hours at the latest.
VI. Purchases via the online shop
1. An order placed via the Seller’s online shop is deemed to be a written order and is governed by the provisions set out in Section III. Ordering Goods. In addition, an order summary is sent to the buyer’s email address provided during registration or when placing the order; this also serves as confirmation of receipt of the order.
2. For orders placed via the online shop where no further discounts are offered on the goods ordered, delivery within the Czech Republic via the selected courier services, as set out in Section IV. Dispatch of Goods, is paid for by the seller, with no minimum order value required.
3. The standard delivery time is usually 1–2 working days from receipt of the order. This estimated delivery time is not binding, and should it be exceeded, the seller shall under no circumstances be liable to any third party for any loss of profit, loss of business opportunities, damage to reputation or increased costs, nor in respect of any indirect, special, punitive or consequential damages, regardless of how they arose.
4. If the buyer is a consumer, they have the right, pursuant to Section 1829(1) of Act No. 89/2012 Coll., to withdraw from the contract of sale within fourteen days of the date of receipt of the goods. If, within a single order, the delivery of goods is split into several consignments, the 14-day period begins on the day the last item is received. Notice of withdrawal from the purchase contract may be given via the online form (link here), using the printed model form (download here), or by any other unambiguous written statement. To exercise the right to withdraw from the purchase contract, it is sufficient for the buyer to send a notice by email to obchod@fenixgroup.cz within the aforementioned period. In such a case, the buyer shall send or hand over the goods to the seller no later than fourteen days from the date of notification of withdrawal from the contract. The fourteen-day period is deemed to have been met if the consumer dispatches the goods before it expires. The goods, together with the Notice of Withdrawal from the Purchase Contract, shall be sent to the address: FENIX Trading s.r.o., Jaroslava Ježka 1338/18a, 790 01 Jeseník.
5. The costs of returning the goods shall be borne by the buyer. The buyer is liable for any reduction in the value of the goods resulting from damage incurred during transport to the seller’s premises; we therefore recommend ensuring the goods are properly packed, or, where possible, returning them in their original packaging. Upon receipt of the returned goods, the seller will check that the goods are complete and, within 30 days at the latest, will refund the purchase price to the buyer, at the buyer’s discretion, either by bank transfer or by postal order. Where the buyer is a consumer, this period is 14 days.
6. The right to a 14-day withdrawal period from the sales contract does not apply to products that have been modified or manufactured to the customer’s individual specifications.
7. The terms and conditions applicable to orders placed via the seller’s online shop do not apply to transactions concluded on the basis of individual terms and conditions.
VII. International Orders
1. Transactions not arising under a valid Supply Contract are carried out exclusively within the territory of the Czech Republic. Payment is possible only in CZK; the applicable VAT rate will be shown and charged on the payment document.
2. Orders where the goods are to be delivered outside the Czech Republic, or where a VAT deduction is requested due to the export of goods outside the Czech Republic, constitute an export of goods to which neither these General Terms and Conditions nor the Complaints Procedure apply – it is necessary to contact the foreign trade department to agree on the next steps.
VIII. Retention of Title
1. Title to the goods passes to the buyer upon full payment of the purchase price for the goods and all outstanding amounts owed by the buyer to the seller.
2. Until the purchase price for the goods has been paid, the buyer is obliged to take care of the goods and protect them from damage or theft.
IX. Termination of the Purchase Contract (hereinafter also referred to as the ‘PC’)
1. The Seller is entitled to withdraw from the Purchase Agreement if:
a) the buyer is in default with the payment of any financial obligation to the seller, or if the credit insurance company refuses to provide a sufficient insurance limit for the insurance of claims against the buyer;
b) insolvency proceedings have been commenced against the Buyer;
c) the Buyer has breached the Purchase Agreement and, despite a request from the Seller to remedy the breach, has failed to do so within 20 days of such request.
2. The Buyer is entitled to withdraw from the Sales Contract if:
a) the Seller is more than 40 days late in delivering the goods;
b) the Seller has been declared bankrupt;
c) the Seller has breached the Sales Contract and, despite a written request from the Buyer to remedy the breach, has failed to do so within 20 working days of the request.
3. In the event of withdrawal from the Sales Contract by the buyer, the buyer is obliged to pay the seller a contractual penalty amounting to 10 per cent of the agreed purchase price of the goods.
4. In the event of the Seller’s withdrawal from the Sales Contract, the Buyer is entitled to compensation for any proven additional costs incurred as a result of such withdrawal, up to a maximum of 30 per cent of the value of the goods that were the subject of the terminated Sales Contract.
X. Liability and Force Majeure
1. The seller is entitled to compensation for damages arising from a breach of the Contract in full, in addition to the agreed contractual penalty. The contracting party that has breached an obligation arising from the Contract is obliged to compensate the other contracting party for the damage incurred, but up to a maximum of the value of the goods.
2. A contracting party shall not be liable for any damage incurred if it proves that the failure to fulfil its obligation arose as a result of unforeseeable and unavoidable circumstances of an exceptional nature which could not have been anticipated at the time the Contract was concluded and which could not have been prevented, avoid or overcome (hereinafter also referred to as ‘force majeure’). Force majeure shall include, in particular: war, whether declared or undeclared; civil wars; uprisings and revolutions; acts of piracy and sabotage; natural disasters, explosions, fires, destruction of machinery, production and other equipment, boycotts, strikes and embargoes of any kind, the occupation of plants and their branches occurring at the premises of the seller, the manufacturer or their subcontractors, and intervention by state authorities. Circumstances of so-called force majeure may be proven, for example, by a certificate from the Chamber of Commerce.
3. The contracting party affected by circumstances of force majeure is obliged to notify the other contracting party of this fact and its consequences without undue delay after becoming aware of it; otherwise, it shall be liable in full for any damage caused. The exclusion of liability shall remain in force for as long as the force majeure event, or its consequences, persist. If a force majeure event prevents the seller from fulfilling the terms of the Contract, the seller shall be entitled to extend the delivery deadline for the goods by a reasonable period.
4. Events of force majeure shall exempt the party under obligation from the duty to pay damages, penalties or other contractually agreed sanctions, with the exception of interest owed to the other party, for as long as the grounds for such payment exist.
5. If the force majeure persists for more than 3 months, either contracting party shall be entitled to withdraw from the Contract, or from part thereof, without any further claims.
