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Terms and Conditions
The following terms and conditions, which form an integral part of the Purchase Agreement, apply to purchase at Kebab Express s.r.o. Business terms and conditions define and specify the rights and obligations of the seller (supplier) and buyer (customer).
Name of seller: Kebab expres s.r.o.
Registered office: Dlouhá 272, 69125 Vranovice
IČO: _045 61 031
Tax ID: CZ04561031, we are VAT payers
Orders: 00420 775 900 418
Contact address: Dlouhá 272, 691 25 Vranovice
Opening hours: 8.00-15.00
Legal relations between the seller and the consumer are governed by the following terms and conditions, and to the extent not covered by Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter "the Civil Code" or the "Civil Code"), 634/1992 Coll., On Consumer Protection, as amended, as well as the rules governing relations between the seller and the non-business buyer.
Legal relationships between the seller and the entrepreneur are governed by the following terms and conditions, and to the extent not covered by the Civil Code and the relevant legal regulations regulating the relations between the seller and the buyer of the entrepreneur.
1 Purchase agreement
1.1 The Purchase Contract is concluded on the basis of a written, electronic or telephone order by the Buyer. The order contains the exact address of the place of delivery, the exact address of the recipient of the tax document is not paid in cash, trade name, company ID, VAT number (if allocated), exact product specification, quantity, unit packing, delivery date, signature of the person authorized to act on behalf of the buyer, respectively. Stamp of the buyer and bank connection.
1.2 The Seller shall send the Buyer a confirmation of the order (contract) at the same time as the price offer according to the valid price list. If the buyer agrees to this contract or does not discontinue within seven days, this contract, together with an order signed by the buyer, is considered to be a concluded purchase contract.
1.3 By entering into a purchase agreement, the buyer accepts in full the terms and conditions stated in the order confirmation (the contract) and these Business Terms.
2 Delivery Terms
2.1 The place of performance is the Buyer's domicile, unless agreed otherwise. The delivery is fulfilled by handing over the goods to the buyer.
2.2 The method of transport shall be determined by the seller, unless the goods are ordered to be removed.
2.3 The seller shall deliver the goods at the same time as the delivery note to the place specified by the buyer.
2.4 Goods will be delivered to the Buyer on the date agreed upon by the Purchase Agreement.
2.5 The delivery of goods shall be executed within the term and quality agreed upon by the Purchaser's order. If the buyer finds damage to the consignment upon receipt of the goods, he / she is obliged to make a record on the delivery note or shipping slip and immediately notify the seller of the fact, where he / she agrees to the next proceeding.
3 Selling price
3.1 The price of the goods is the price inclusive of the packaging and the transport price to the buyer, unless otherwise agreed.
3.2 The price is listed in the base price list valid for the given period. Prices do not include VAT.
4 Payment Terms
4.1 Cash payment or prepayment payment is the preferred form of reimbursement.
4.2 Payment in advance (advance invoice) is an agreed payment condition which obliges the buyer to pay the value of the goods within 14 days of the date of the advance invoice. If the advance invoice is not paid in due time, the seller is entitled to withdraw from the contract.
4.3 In the case of invoice payment, unless agreed otherwise, the due date is 15 days from the invoice date.
5.1 If the goods are not damaged or used, the seller is responsible for defects that appear to be inconsistent with the purchase contract after taking over the item in the warranty period (guarantee) of 24 months for the buyer who is not acting in the course of his business 6 months for the buyer who uses the services in the course of his / her business activity, or, if not stated otherwise. Foods are perishable goods and are not subject to a 24-month and 6-month warranty. Buyer's rights arising from seller's liability for defects, including seller's warranty, are claimed by the buyer at the seller's address. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
6 Complaints Procedure
6.1 The Seller recommends that the buyer refrain from accepting the goods that he has taken during the takeover. If the defects occur after the takeover, the buyer has the right to claim a defective goods claim.
6.2 The buyer is obliged to file a claim with the seller or person to be repaired without undue delay from the discovery of the lack. If they do so in writing or electronically, they should provide their contact details, a description of the defect and a request for a complaint settlement.
6.3 The Buyer is obliged to disclose to the Seller what right he chooses when the defect is notified or without undue delay after notification of the defect. Change of choice without the seller's consent is only possible if the buyer has requested a repair of a defect that proves to be irremovable.
6.4 If the buyer does not choose his right to a substantial breach of contract in a timely manner, he has the rights as in the case of an irrelevant breach of contract.
6.5 The buyer is obliged to prove the purchase of the goods (preferably by proof of purchase). The time limit for handling the claim runs from the delivery / delivery of the goods to the vendor or to the place to be repaired. The goods should be packed in a suitable packaging in order to avoid damage, clean and complete and if required by the nature of the goods, the carriage must be carried out with a cooling wagon.
The seller is obliged to decide on the complaint immediately or, if necessary, to require expert judgment, to inform the buyer of this need for expert judgment. Claims, including removal of a defect, shall be handled by the seller without undue delay, no later than 30 days after its application, unless the Buyer agrees in writing for a longer period of time. Upon expiry of this period, the buyer has the same rights as a substantial breach of contract.
6.6 If the seller refuses to remove a defect, the buyer may request a reasonable discount or withdrawal.
6.7 The warranty period shall be extended from the time the claim is made to its settlement or until the buyer has the obligation to collect the item. When the goods or parts of the goods are exchanged, the vendor's liability shall apply as if it were a purchase of a new item or a part of it.
7 Higher power
The seller has the right to suspend the agreed deliveries of the goods or to withdraw from the contract without the obligation of any compensation to the buyer in case of force majeure which is considered in particular: natural disasters, fires, strikes, collective and trade disputes, deficiencies and exclusions in transport, changes in generally applicable regulations , interference by government and government offices, war, terrorist actions and public violation of order.
8 General Provisions
8.1 The General Terms and Conditions are an integral part of the Purchase Agreement. By signing the purchase contract, a commitment is made to both parties, the content of which generalizes the general business terms. Eventual disputes will be settled first by reconciliation. If such an agreement is not possible, the dispute will be referred to the competent court for judgment.
8.2 If the seller enters into a framework purchase agreement with the buyer, the General Sales Conditions are part of this contract and apply to all sales contracts concluded in accordance with the framework purchase agreement.
9 Final Provision
Valid business terms are available at www.kebab-expres.com and every buyer is notified of the purchase of these goods and has the opportunity to become acquainted with them. The Seller is entitled to supplement or change the business terms and conditions in connection with the change of the applicable legislation in connection with the change in the market of the goods offered by the seller.
These Terms and Conditions become effective on May 19, 2018