General Terms and Conditions

A. General Terms and Conditions for Entrepreneurs and Legal Entities 

These General Terms and Conditions for Entrepreneurs and Legal Entities (hereinafter referred to as the “Terms and Conditions”) shall apply to contracts concluded through the online shop labelea.eu located on the web interface www.labelea.eu (hereinafter referred to as the “Web Interface”) between 

our company: 

MARTÍNEK CZ s.r.o., with its registered office at Kolín IV, Klejnarská 92, Postal Code 28002, Czech Republic
Company ID No.: 24817147
Tax ID No.: CZ24817147
Registered: in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 177015
Delivery address: MARTÍNEK CZ s.r.o., Klejnarská 92, 28002 Kolín 4, Czech Republic
Contact email: labelea@labelea.eu

as the Seller

and an entrepreneur or legal entity

as the Buyer

(both collectively hereinafter referred to as the “Parties”).

1. Introductory Provisions

1.1. The Terms and Conditions define and specify basic rights and obligations of the Parties when concluding a purchase contract or other contract referred to herein (hereinafter referred to as the “Contract”) via the Web Interface.

1.2. The provisions of the Terms and Conditions shall form an integral part of the Contract. Provisions deviating from the Terms and Conditions may be agreed in the Contract. Any deviating provisions in the Contract take precedence over the provisions of the Terms and Conditions. The Seller may change or supplement the wording of the Terms and Conditions. The rights and obligations of the Parties shall always be governed by the wording of the Terms and Conditions under which they arose. The rights and obligations of the Parties are further governed by the Complaints Procedure for Entrepreneurs and Legal Entities, the Privacy Policy, as well as the Terms and Conditions and instructions listed on the Web Interface, especially when concluding the Contract. In matters not regulated herein, the relations of the Parties shall be governed by legal regulations, in particular, Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).

1.3. These Terms and Conditions shall apply to Buyers who are entrepreneurs and to legal entities. The labelea.eu shop is only intended for entrepreneurs and legal entities.

1.4. The Buyer acquires ownership to the goods upon payment of the full purchase price, however, not before the goods are taken over.

1.5. By sending the order, the Buyer confirms that it has read these Terms and Conditions and agrees with the content thereof.

2. Order and Contract Conclusion

2.1. The Web Interface provides a list of goods including a description of the main features of each item. The presentation of the goods on the Web Interface is informative and does not constitute a proposal of the Seller to conclude the Contract pursuant to Section 1732(2) of the Civil Code. In order to conclude the Contract, the Buyer must send the order and the Seller must accept the order.

2.2. The Buyer shall place the order via the Web Interface, or in any other way indicated on the Web Interface or as agreed by the Parties. The order must always contain the exact name of the goods ordered (or the numerical designation of the goods), the number of pieces of goods, the chosen method of payment and delivery and the contact details of the Buyer (name and surname or company name, identification number, delivery address, telephone number, email address). The Buyer is obliged to prove that it is an entrepreneur by entering a valid identification number in the order.

2.3. The Seller is not obliged to confirm the received order. An unconfirmed order is not binding for the Seller. The Seller is entitled to verify the order in the case of doubt about the authenticity and seriousness of the order. Unverified orders may be refused by the Seller.

2.4. The Contract is concluded at the moment when the Buyer has received the acceptance of the binding order from the Seller.

2.5. In the event of cancellation of the order by the Buyer, the Seller is entitled to a cancellation fee of 50% of the price of the goods. If the Seller has already incurred some costs in connection with the Contract, it is also entitled to reimbursement of these costs in full.

3. Delivery Terms

3.1. The Seller is obliged to deliver the goods to the Buyer in the agreed manner, properly packed and equipped with the necessary documents. Unless otherwise agreed, the documents shall be provided in the Czech language.

3.2. By agreement of the Parties, the Seller may arrange for the Buyer to transport the goods and to insure the goods during the period of transport. The Buyer is obliged to pay the price of transport and insurance according to the valid tariff of the carrier. The delivery of the goods to the Buyer is deemed to be the handover of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods shall pass to the Buyer.

3.3. Before accepting the goods, the Buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier of any defects. Any defects shall be documented in a report. If a defect report is not made, the Buyer loses any claims arising from the damaged packaging of the goods.

3.4. Immediately upon accepting the goods, the Buyer is obliged to inspect the goods, in particular, to check the number of pieces of goods and completeness thereof. In the event of a discrepancy, the Buyer is obliged to notify the Seller thereof without undue delay, but no later than within 2 working days after accepting the goods. The Buyer is obliged to document any defects found in a suitable manner and send this documentation to the Seller together with the defect notification.

3.5. The Buyer's failure to accept the goods shall not affect the Seller's right to demand payment of the purchase price in full.

4. Payment Terms

4.1. In addition to other methods of payment specified on the Web Interface or individually agreed upon, the Buyer shall have the option to pay the purchase price for the goods to the Seller by any of the methods indicated below:

- Cash on delivery or personal collection;

- Non-cash before delivery of the goods by wire transfer to the Seller's bank account on the basis of an advance invoice;

- Non-cash after delivery of the goods by wire transfer to the Seller's bank account on the basis of a tax document (invoice) within the due date indicated on the invoice.

The Seller is entitled not to allow payment of the goods after delivery. This payment method is usually reserved for regular customers. Unless otherwise agreed, the invoice shall be attached to the goods together with the delivery note.

4.2. In the case of cash payment, the price shall be payable upon accepting the goods. In the case of non-cash payment, the price shall be payable within five days of receipt of the order, unless otherwise agreed by the Parties. In the case of non-cash payment, the Buyer's obligation to pay the price of the goods shall be considered fulfilled at the moment of crediting the relevant amount to the Seller's account.  

4.3. In the event of non-compliance with the due date hereunder, the Buyer may be charged interest on late payment in the amount of 0.5% of the amount due for each day of delay. The Seller's right to compensation for damages incurred by the Buyer's delay is not affected.

4.4. In the event of default by the Buyer in payment of the price of the goods, the Seller is also entitled to suspend further agreed deliveries of the goods until all outstanding debts of the Buyer are paid.

4.5. Payment of goods is possible in Euros (€) and Czech crowns (CZK).

4.6. All shipments outside the European Union must be properly cleared. The goods shall always be accompanied by a tax document with a description of the goods and the amount paid. Customs fees shall be paid by the Buyer. For more detailed information on the duty and conditions thereof, the Buyer should contact the designated customs office in the country from which the goods are ordered.

5. Withdrawal from the Contract

5.1. The Seller is entitled to withdraw from the Purchase Contract at any time until the goods are accepted by the Buyer. In this case, the Seller shall refund to the Buyer the purchase price already paid by the Buyer, in the form of non-cash payment to the account communicated to the Seller for this purpose by the Buyer or to the account from which the funds to pay the purchase price were transferred (if the Buyer fails to communicate any within 5 days of withdrawal to the Seller). 

5.2. The Seller is also entitled to withdraw from the Contract if the Buyer is in default of payment of the purchase price of the goods for more than 4 weeks. In this case, the Seller is also entitled to a contractual penalty of 50% of the price of the goods.

5.3. The Buyer is entitled to withdraw from the Contract if the Seller is in delay with the delivery of the goods for more than 4 weeks from the agreed delivery date.

5.4. The Buyer is not entitled to withdraw from the Contract in respect of the goods that have been delivered properly, on time and without defects.

5.5. Withdrawal from the Contract must be made in writing and, in the case of Contracts negotiated electronically, also electronically. Withdrawal from the Contract shall be effective upon delivery of the notice of withdrawal to the other Party.

5.6. If a gift has been provided together with the goods, the Gift Contract shall cease to be effective upon withdrawal by either Party.

6. Rights from Defective Performance

6.1. The conditions for exercising rights from defective performance and warranty liability shall be governed by the Complaints Procedure for Entrepreneurs and Legal Entities of the Seller.

7. Protection of Seller’s Trade Secrets and Commercial Policy

7.1. During the negotiation of the Contract and performance thereof, the Buyer may be provided with information that is marked as confidential or the confidentiality of which results from its nature. Regarding such information, the Buyer undertakes, in particular, to:

- Kept it confidential;

- Not to disclose it to any other person without the Seller's consent; 

- Not to use it for any purpose other than the performance of the Contract;

- Not to take advantage of it in any other damaging way.

7.2. Furthermore, the Buyer undertakes not to make copies of the documents submitted to it by the Seller without the Seller's consent. 

8. Registration on Web Interface

8.1. Upon registration via the registration form on the Web Interface, a user account shall be created. The Buyer is obliged to keep the access data to the user account confidential. The Seller is not responsible for any misuse of the user account by a third party.

The information provided at the time of registration must be true and complete. The Seller may cancel the account without any refund if false or incomplete information has been used to create it. In the event of changes in the Buyer's data, the Seller recommends to modify it immediately in the user account. 

8.2. Through the user account, the Buyer can primarily order goods, track orders and manage the user account. Any additional features of the user account shall always be provided on the Web Interface.

8.3. Please note that the Seller has the right to cancel the Buyer's user account without refund if violation of good morals, applicable law or these Terms and Conditions occur via the Buyer’s account.

9. Copyright Protection, Liability and Web Interface Use

9.1. The content of the web pages located on the Web Interface (texts including the Terms and Conditions, photographs, images, logos, software, etc.) shall be protected by the Seller's copyright or the rights of other persons. The Buyer may not modify, copy, reproduce, distribute or use the content for any purpose without the consent of the Seller or the consent of the copyright holder. In particular, it is prohibited to make photographs and texts on the Web Interface available free of charge or for a fee. 

The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners. 

9.2. The Seller shall not be liable for errors resulting from third party interference with the Web Interface or its use contrary to its intended use. When using the Web Interface, the Buyer may not use procedures that could interfere with the system's functionality or unreasonably burden the system.

If the Buyer commits any illegal or unethical act while using the Web Interface, the Seller is entitled to restrict, suspend or terminate the Buyer's access to the Web Interface without any compensation. In this case, the Buyer is further obliged to pay the Seller the full amount of the damage that has been proven to have been caused by the Buyer's actions under this paragraph.

The Seller points out that clicking on certain links on the Web Interface may lead to leaving the Web Interface and to redirection to third-party websites.

10. Arbitration Clause

10.1. Any and all disputes arising out of or in connection with the Contract shall be finally settled, to the exclusion of the jurisdiction of the ordinary courts, by arbitration before the Arbitration Court of the Czech Chamber of Commerce and the Agrarian Chamber of the Czech Republic in Prague in accordance with its Rules online by a single arbitrator appointed by the President of the Arbitration Court of the Czech Chamber of Commerce and the Agrarian Chamber of the Czech Republic.

10.2. Email addresses for online procedure shall be communicated between the Parties when concluding the Contract.

11. Final Provisions

11.1. If the relationship related to the use of the Web Interface or the legal relationship established by the Contract contains an international (foreign) element, then the Parties have agreed that the relationship shall be governed by Czech law. The Parties have also agreed that the application of the UN Convention on Contracts for the International Sale of Goods shall be excluded from their contractual relationship. 

11.2. The Parties have further agreed that any disputes arising out of or in connection with the Contract, where the legal relationship established by the Contract contains an international (foreign) element, shall be settled before the ordinary courts of the Czech Republic under Czech law.

11.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective or unenforceable, the invalid provision shall be replaced by a provision the meaning of which shall be as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the remaining provisions. Amendments and supplements to the Contract or the Terms and Conditions must be made in a written form.

These Terms and Conditions shall be valid and effective from 1 October 2023.

B. General Terms and Conditions for Consumers (European Union)

These General Terms and Conditions (hereinafter the “Terms and Conditions”) apply to contracts concluded via the online store labelea.eu on the website www.labelea.eu

between

Seller:

MARTÍNEK CZ s.r.o.
Registered office: Kolín IV, Klejnarská 92, 280 02, Czech Republic'
Company ID: 24817147
VAT ID: CZ24817147
Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 177015
E-mail: labelea@labelea.eu

and you as the buyer – a consumer with residence in the European Union.

1. Introductory Provisions

By the purchase contract, we undertake to deliver the goods specified in your order, and you undertake to accept the goods and pay the purchase price. To conclude the contract, you must submit an order and we must accept it.

A consumer contract exists if you purchase the goods as a natural person outside your business or professional activity.

The contractual relationship is governed by these Terms and Conditions, the Privacy Policy, the Complaints Policy, and the information provided on the website at the time of concluding the contract. For matters not regulated by the contract, our relationship is governed by Czech law.

If you are a consumer residing in Germany or Austria, your statutory consumer protection rights under the laws of your country remain unaffected.

By submitting an order, you confirm that you have read and agree to these Terms and Conditions. The wording of the Terms and Conditions is available on the website.

2. Purchase Contract

The purchase contract is concluded at the moment we accept your order. The presentation of goods on the website is for informational purposes and does not constitute an offer to conclude a contract.

You submit an order via the online order form on the website. Before submitting the order, a summary is displayed, including the total price (including taxes and fees). You submit the order by clicking the “Order with an obligation to pay” button.

We will inform you of receipt of your order by e-mail. At that moment, the contract is concluded.

An order that has not yet been confirmed can be cancelled by e-mail or by phone. Once accepted, the order is binding and any changes are possible only by agreement.

We will send you a confirmation of the contract by e-mail. The contract is stored electronically and can be provided upon request.

3. Prices and Payment Terms

All prices are inclusive of VAT and all mandatory charges. The VAT rate applied corresponds to the rate of the seller’s country of establishment.

In the event of an obvious pricing error, we are not obliged to supply the goods at the erroneous price.

Discounts and promotions cannot be combined unless stated otherwise.

Payment methods:

– Online card payment (VISA, MasterCard, Maestro, Apple Pay, Google Pay)

– Bank transfer

– PayPal

Currency of payment:

During purchase you see prices in your selected currency and, if payment cannot be made in that currency, also in EUR. Payment can be made in EUR.

For bank transfers, the price is due within 5 days of order confirmation. Goods are dispatched after receipt of payment.

An electronic invoice will be sent to your e-mail after the order is dispatched.

4. Delivery Terms

Delivery methods, shipping costs and delivery times are listed on the website. Shipping costs are always shown in the order summary before submission.

Goods in stock are usually dispatched within 1–3 business days after receipt of order or payment. The delivery time is shown in the cart when you select the destination country. Made-to-order goods will be delivered within a reasonable period, of which we will inform you, but no later than 30 days from contract conclusion.

Upon receipt, we recommend checking the integrity of the packaging and reporting any damage to the carrier. The risk of accidental damage passes to you upon receipt.

If you unjustifiably refuse to accept the shipment, we are entitled to reimbursement of costs associated with failed delivery and storage. In case of repeated non-acceptance, we may withdraw from the contract.

5. Right of Withdrawal

As a consumer, you have the right to withdraw from the contract without giving any reason within 14 days of receiving the goods. To exercise the right of withdrawal, contact us by e-mail or post. You may use the model withdrawal form available on the website.

After withdrawal, we will refund all payments received from you, including delivery costs, within 14 days of receiving your notice of withdrawal. We may withhold the refund until we receive the returned goods or proof that you have sent them back. The refund will be made using the same payment method you used for the original transaction, unless we agree otherwise.

The goods must be sent back no later than 14 days from withdrawal to:

MARTÍNEK CZ s.r.o., Klejnarská 92, 280 02 Kolín IV, Czech Republic.

Return shipping costs are borne by the customer unless stated otherwise. The goods should be returned in their original condition and packaging. If the goods are damaged or excessively worn, the refund amount may be reasonably reduced.

The right of withdrawal does not apply to goods made to order or clearly customised to your specifications.

If a gift was provided with your purchase, the gift agreement is cancelled upon withdrawal and the gift must be returned together with the goods.

This right of withdrawal is based on EU Directive 2011/83/EU on consumer rights.

6. Complaints (Goods with Defects)

If the goods are defective, you are entitled to request repair, replacement, a reasonable price reduction, or to withdraw from the contract if the defect is substantial.

Please notify us of a complaint by e-mail or in writing and attach proof of purchase.

The warranty period is 24 months from receipt of the goods, unless stated otherwise. We will handle complaints within 30 days at the latest.

7. Complaints and Out-of-Court Dispute Resolution

For complaints, contact us at labelea@labelea.eu

. We will strive to resolve the matter promptly and individually.

If no agreement is reached, you may use the European platform for Online Dispute Resolution (ODR) at: http://ec.europa.eu/consumers/odr

8. Registration and User Account

By registering on labelea.eu you obtain a user account for faster purchasing and order management. Please provide accurate data and keep your login details secure.

We may delete an account if it is misused or if false information is provided. You may also request deletion of your account at any time.

9. Product Reviews

Only customers who have placed an order on the website may submit reviews. A link to submit a review is sent after the purchase is completed.

All reviews are verified before publication. Inauthentic or inappropriate reviews may be removed.

10. Copyright and Liability

The website content (texts, photos, logos, graphics) is protected by copyright and may not be copied or distributed without the rights holder’s consent.

We are not liable for errors caused by third-party interference or improper use of the website. By clicking certain links you may be redirected to third-party websites, for whose content we are not responsible.

11. Governing Law and Final Provisions

The contractual relationship is governed by Czech law. Consumers retain their statutory consumer protection rights under the laws of their country.

These Terms and Conditions are valid and effective from the date of their publication on www.labelea.eu and form part of every concluded contract.

These Terms and Conditions shall be valid and effective from 1 October 2023.