General Business Terms & Conditions
The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase agreement entered into by and between move HOLDS s.r.o., Co. Reg. No. 05233691, VAT Reg. No. CZ05233691, with its registered office at Radimovská 403, Velká Ledhuje, 549 54 Police nad Metují, registered in the Commercial Register with the Regional Court in Hradec Králové, Section C, File No. 40256 (“move HOLDS”), and the purchaser (“Purchaser”).
Purchaser is a consumer or an entrepreneur.
Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with move HOLDS.
Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. If completing the registration number in the order, the entrepreneur acknowledge having been bound by the rules stipulated in the General Business Terms and Conditions for Entrepreneurs.
II. Pre-Contractual Representations and Warranties
Move HOLDS represents and warrants that:
- Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
- receiving the goods (purchase agreements);
- receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
- receiving the first delivery (ongoing contracts);
and do so in writing either by sending the notice of withdrawal to the move HOLDS central office.
- The consumer cannot withdraw from an agreement for the:
- provision of services performed by move HOLDS with previous explicit consent of the consumer prior to the expiration of the period of notice;
- delivery of goods/services offered for the price affected by deviations in the financial market beyond move HOLDS’s control with a potential to occur during the period of notice;
- delivery of goods adjusted as per the requirements/for the needs of the consumer;
- delivery of fast moving consumer goods/goods irreversibly mixed with other goods after delivery;
- repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs/delivery of other than requested spare parts);
- delivery of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for sanitary reasons;
- delivery of audio records/video records/PC programmes whereby the original packing of such products has been broken;
- delivery of newspapers, periodicals and magazines;
- transport or leisure services provided by an entrepreneur within a defined period; and
- delivery of a digital content (delivered other than on a physical carrier with previous explicit consent of the customer prior to the expiration of the period of notice).
- The costs incurred in association with returning the goods (withdrawn agreements)/costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the consumer.
- The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.
The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by move HOLDS and in particular by adding the requested goods to the cart. The purchase agreement is entered into upon the moment the Purchaser (having selected the shipping and payment method) submits the order and the order in question is received by move HOLDS. The Purchaser is informed about the executed agreement in a confirmation email letter sent by move HOLDS to the email address provided by the Purchaser. Unless stated in the General Business Terms and Conditions otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.
Under the purchase agreement, move HOLDS undertakes to deliver the product to the Purchaser, and enable the Purchaser to acquire the title to the product purchased under the purchase agreement; the Purchaser undertakes to receive the product from and pay the purchase price to move HOLDS.
As move HOLDS reserves the right of ownership to the product, the Purchaser acquires the title to the product only after the purchase price has been paid in full.
Move HOLDS delivers the product to the Purchaser along with relevant documents pertaining thereto and enables the Purchaser to acquire the title to the product in compliance with the agreement.
Move HOLDS meets its obligation to deliver the product to the Purchaser by enabling the Purchaser to view and try the product at the place of performance and informing the Purchaser thereabout in due course.
Products to be shipped by move HOLDS are delivered to the Purchaser (entrepreneur) by submitting the product to the first shipping company and enabling the Purchaser to claim the rights implied by the shipping agreement with the shipping company. Products designated for Purchasers-consumers are delivered by move HOLDS to the Purchasers-consumers only after move HOLDS receives the product in question from the shipping company.
If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of items delivered; unless the Purchaser rejects such items without undue delay.
Move HOLDS delivers the purchased product to the Purchaser in the agreed amount, quality and design.
If not agreed otherwise, the product is packed by move HOLDS by convention; if no convention exists, the product in question is packed as to provide for its protection and preservation. The same applies also to goods to be shipped.
3. Risk of Damage
The product is faulty if it lacks the agreed characteristics. The product is deemed faulty also if the Purchaser is delivered other than the ordered product or the documents necessary for the use of the product in question contain defects.
The Purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the Purchaser although the defect in question becomes evident only later. The Purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of move HOLDS’s obligation.
The Purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the Purchaser.
The risk of damage passes to the Purchaser upon accepting the product in question; the same applies also to cases where the Purchaser rejects to accept the goods although having been enabled by move HOLDS to view and try the product.
Damage to the product occurring after the risk of damage has passed to the Purchaser does not affect the Purchaser’s obligation to pay the purchase price unless the damage occurred as result of a breach of move HOLDS’s obligation.
If one party is delayed in accepting the product, the other party may and can reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.
4. Liability (move HOLDS)
Move HOLDS guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, move HOLDS guarantees to the Purchaser that, at the moment the product is received by the Purchaser:
- The product has the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by move HOLDS or the manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertisement.
- The product can be used for the purposes stated by move HOLDS or for the purposes for which the product of that kind is usually used.
- The product is provided in the corresponding quantity, measurement or weight.
- The product complies with the requirements stipulated by law.
If the product is found faulty within six months after having been received by the Purchaser, the product is deemed to have been faulty already when received by the Purchaser.
Improper performance cannot be claimed if the Purchaser was aware about the defect before accepting the product or if the defect in question was caused by the Purchaser.
Discounted/used products found faulty can and may be subject to a reasonable discount rather than replacement.
5. Material Breach
If improper performance constitutes a material breach of the agreement, the Purchaser may and can:
- have the defect removed by being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the Purchaser can only claim that the component part in question be replaced; if such is not feasible, the Purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the Purchaser may and can have the defect removed for free;
- have the defect removed by repair;
- be given a reasonable discount on the purchase price; or
- withdraw from the agreement.
When claiming the defect in question, the Purchaser informs move HOLDS as to which of the aforementioned options the Purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by move HOLDS; with the exception of a defect requested by the Purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by move HOLDS within a reasonable period or if the Purchaser is informed by move HOLDS that the defects in question will not be removed, the Purchaser may and can claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.
If the Purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.
In addition to cases where move HOLDS cannot deliver a new defect-free product, replace the component part or repair the product, Purchasers-consumers may and can claim a reasonable discount also in cases where move HOLDS fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the Purchaser.
6. Immaterial Breach
If improper performance constitutes other than material breach, the Purchaser may and can have the defect removed or be given a reasonable discount on the purchase price.
Unless the Purchaser claims the discount on the purchase price or withdraws from the agreement, move HOLDS may deliver the missing parts or remove the legal defect. Other defects can be removed at move HOLDS’s discretion either by repair or delivery of a new product.
If move HOLDS fails to remove the defect in due course or refuses to remove the defect, the Purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by move HOLDS.
7. General Breach
The Purchaser may claim to have the defect removed by being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the Purchaser may and can withdraw from the agreement.
If being delivered a new product, the Purchaser returns the original product back to move HOLDS (along with all accessories delivered together with the product itself) and does so at move HOLDS’s cost.
Purchasers failing to report the defect without undue delay after the defect could have been identified by the Purchaser had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been identified by the Purchaser had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the Purchaser.
IV. Withdrawal (consumer)
Consumers may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:
- receiving the goods (purchase agreements);
- receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
- receiving the first delivery (ongoing contracts).
Consumers may withdraw from the agreement via email; the notice of withdrawal shall be sent to firstname.lastname@example.org by registered mail to:
move HOLDS s.r.o.
Nádražní 209, 549 54
Police nad Metují
If withdrawing from the agreement, the consumer is to return to move HOLDS the goods delivered by move HOLDS and do so at consumer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.
The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the Purchaser.
Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Alza without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.
Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to move HOLDS or after the consumers prove that the goods have been sent to move HOLDS.
V. Personal Data Protection and Security
The terms and conditions for personal data protectionare available here. These terms are legally binding for the Purchaser.
The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).
The price is stated on the order and in the text message confirming that the order has been placed. Orders can be placed as follows:
- in the e-shop operated by move HOLDS (e-shop);
- by email sent to email@example.com, or
- by phone.
Move HOLDS recommends placing the orders in the e-shop by logging into the Purchaser’s user account registered with move HOLDS.
Information about the exact shipping time is included in the email letter sent to the Purchaser. The shipping period and fees depend on the option selected by the Purchaser in the second step of placing the order.
Move HOLDS accepts the methods of paymentstated in the e-shop after displaying selected goods in the cart.
Unless paid in full and received, the goods remain the property of move HOLDS. The risk of damage passes to the Purchaser upon receipt.
Once the order is placed, the billing details of the Purchaser cannot be edited.
Under the Sales Registration Act, move HOLDS is required to provide the customer with a receipt and register the sale with the tax office online; in the case of technical difficulties, this may be done within 48 hours after the sale has been completed.
Information about the offered options of delivery, up-to-date terms and conditions and prices is available at www.moveholds.com.
When receiving the goods from the shipping company, the Purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Purchaser is to describe the damage in the delivery note of the shipping company.
Incomplete or damaged deliveries must be immediately reported by email to move HOLDS and the damage be described in the report on damage executed with the shipping company representatives and sent to move HOLDS by fax, email or post without undue delay.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any disputes arising between move HOLDS and the Purchaser may be settled out of court through the Alternative Dispute Resolution.
The agreement is entered into in the English language. If the agreement is required to be translated for the Purchaser into another language, the English version prevails in case of discrepancies between the two language versions.
These General Business Terms and Conditions come into force and effect on 7.10.2018.