1. Introductory Provisions
- These General Business Terms and Conditions (hereinafter referred to as “GBTC”) regulate
the relationships between the parties to a purchase contract, where one of the parties is
Visu, s.r.o., Company ID No. 070 91 346, VAT Reg. No.: CZ07091346, with its registered office
at Hakenova 561, 463 03 Stráž nad Nisou, registered in the Commercial Register maintained
by the Regional Court in Ústí nad Labem, file No. C 41477, in the position of the seller
(hereinafter referred to as “Seller”), and the other party is a consumer or entrepreneur in the
position of the buyer (hereinafter also jointly referred to as “Contracting Parties”).
- Definition of terms used herein:
2.1. “Order” shall be understood as the Buyer’s order of purchase of the Seller’s goods, which
must contain sufficient specification of the requested goods, identification of the Buyer
including its name, delivery and invoicing address or also Company ID No./VAT Reg. No.
if the Buyer is an entrepreneur, and the Buyer’s contact data (phone number, e-mail
address, etc.); the Buyer’s Order shall not be considered an offer for conclusion of a
2.2. “Offer” shall be understood as an offer of delivery of particular goods of the Seller to the
Buyer made on the basis of an Order and containing technical specification of the goods,
the purchase price or the manner of its determination, the amount of an advance on the
purchase price, the goods delivery term, and a reference to these GBTC.
2.3. “Contract” shall be understood as a purchase contract or an accepted Order concluded
by and between the Seller and the Buyer concerning the sale of the Seller’s goods.
2.4. “Goods” shall be understood as products produced or sold by the Seller.
2.5. “Buyer” shall be understood as a customer of the Seller, a natural person or a legal entity,
which is taking care of conclusion or which concludes a contract with the Seller.
2.6. “Consumer” shall be understood as everyone who, when concluding and performing a
contract, does not act within their business activities or self-employment.
2.7. “Entrepreneur” shall be understood as every natural person or legal entity that
independently performs, on their own account and at their own responsibility, a gainful
activity as a sole trader or in a similar manner with an intention of doing so continuously
in order to achieve profit. An Entrepreneur is, among other things, for the purpose of
consumer protection, also every person who enters into a contract related to its own
business, manufacturing or similar activities, or engages in professional selfemployment,
or a person acting on behalf and on the account of the Entrepreneur. For
the purposes of the GBTC, an Entrepreneur is a person who acts in accordance with the
previous sentence within their business activities. If the Buyer states its identification
number in the Order, he acknowledges that he is subject to the rules contained in the
GBTC for Entrepreneurs.
- By sending an Order for purchase of Goods to the Seller, the Buyer confirms having been
familiarized with these GBTC.
- The following are the contact and identification data of the Seller for the purposes of
sending Orders and communication concerning the Contract:
Mailing address:Hakenova 561, 463 03 Stráž nad Nisou, Czech Republic
data box ID: 3qi8nzm
bank account: 225631102/0600
2. Entering into Contracts
- Buyers can send their Orders of the Seller’s Goods to the addresses and using the methods
specified herein. With regard to the specific features of the Goods production procedures
and the production capacity, the Seller does not guarantee that the Order will be processed
within any particular period of time.
- After the Order has been processed, the Seller shall send to the Buyer by e-mail an Offer of
delivery of the Goods as specified in the Order.
- The Contract between the Seller and the Buyer is concluded at the moment that the later of
the following terms has been fulfilled: (i) The Seller receives acceptance of the Seller’s Offer
by the Buyer; and (ii) the Buyer pays an advance on the purchase price.
- An advance on the purchase price and the purchase price shall be considered paid on the
day that the respective amount is credited in the Seller’s account referred to in Article 1 (4)
- The Buyer shall be informed by e-mail that the advance on the purchase price has been
paid and the Contract concluded.
- For the purposes of concluding the Contract, the provisions of Section 1740 (3) of Act No.
89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) shall
not apply, i.e., a reply with an addendum or a difference that does not substantially change
the terms of the offer, does not constitute acceptance of the Offer and does not result in the
conclusion of a Contract.
- Unless the Buyer accepts the Offer, i.e. if no notification of the Offer acceptance is delivered
to the Seller within fourteen (14) days following the day that the Seller sent the Offer, the
Offer shall expire.
- The Seller is entitled to cancel the Offer until the moment it is accepted by the Buyer.
3. Price and Payment Terms
- The purchase price for the Goods ordered as specified in the Offer is an agreed one. The
purchase price specified in the Offer shall only be binding for the individual case of the
particular Offer and only for the period of the Offer validity. If the period of time for the Offer
acceptance expires in vain, the purchase price shall no longer be binding.
- The Buyer understands and acknowledges that the Seller is a VAT payer.
- The purchase price for the Goods of Visu Sitka shall be paid by the Buyer in two instalments
as defined below:
3.1. An advance equalling 70% of the purchase price shall be paid on the basis of a proforma
invoice issued by the Seller after the Contract conclusion within fourteen (14) days
following the invoice issue date; the Seller will only start treating the Goods as specified
in the respective Order and Offer after the advance has been paid in full; if the advance
is not paid within thirty (30) days following the pro-forma invoice issue date, the Contract
validity shall expire (a terminating condition); and
3.2. The outstanding part of the purchase price shall be paid on the basis of an invoice
issued by the Seller and sent to the Buyer prior to handover of the Goods to the Buyer;
the Goods will only be handed over to the Buyer after the outstanding part of the
purchase price has been paid in full.
- The purchase price for other Goods than those specified in Article 3 (3) of these GBTC shall
be paid by the Buyer in a single instalment on the basis of an invoice issued by the Seller
and sent to the Buyer prior to handover of the Goods to the Buyer; the Goods will only be
handed over to the Buyer after the outstanding part of the purchase price has been paid in
- In the event of personal takeover of the Goods as referred to in Article 5 (4) hereof, the
purchase price can be paid in cash or by means of a wire transfer directly at the place of the
Goods handover. In such an event, item 8 of this article shall not apply.
- The Seller undertakes to issue invoices with all requisites in accordance with the applicable
tax and accounting regulations valid at the moment of issuing the invoice.
- The Seller shall send invoices to the Buyer at the Buyer’s e-mail address specified in the
- The amount charged by the invoice shall be deemed to be paid on the day that the invoiced
amount is credited in the Seller’s account specified in the respective invoice.
4. Date of Performance
- The Goods delivery term shall always be arranged individually on the basis of the Seller's
Offer accepted by the Buyer. The Goods delivery term shall be automatically postponed and
the Seller shall not be considered late with the Goods delivery if the Buyer fails to pay the
outstanding part of the purchase price in a due and timely manner.
- If any of the obstacles listed below occurs, the Goods delivery term shall be postponed in
favour of the Seller by the period of the obstacle duration:
2.1. A failure of the Buyer to provide cooperation;
2.2. An act or omission of the Buyer giving rise to legitimate concern that the Buyer will
breach the Contract seriously;
2.3. Obstacles which arise independently of the Seller’s will, objectively preventing the Seller
from fulfilling the subject of the Contract, including the delivery of the Goods to the
- The Goods delivery term can be postponed on the basis of an agreement of the Buyer and
5. Goods Handover
- The Seller shall hand over the Goods to be transported to the Buyer within fifteen (15) days
following the payment of the purchase price in full.
- The Goods transport shall be arranged by the Seller, who is also entitled to choose the
manner of transport and a carrier.
- Costs associated with transport of the Goods shall be borne by the Buyer and the price of
the transport shall be included in the Offer.
- The Buyer shall be entitled to collect the Goods at the Seller at the address specified in
Article 1 (4) hereof; if the Buyer chooses that option, no transport fee shall be invoiced to it.
- If the Goods are visibly damaged at the moment they are being handed over to the Buyer by
the carrier, the Buyer shall be entitled to reject the handover and inform the Seller of that
fact and include details of the reason for rejection of the handover. After the Goods are
returned and checked, the Seller shall inform the Buyer of other steps.
- The Buyer is required to check the Goods immediately after the delivery, and if within three
(3) working days from the date of the delivery the Buyer does not claim legitimate and wellfounded
objections with the Seller regarding the condition of the Goods, the Goods shall be
regarded as having been handed over without any defects.
- The Seller is not responsible for any delay caused by the carrier.
6. Retention of Title
- If the Goods are delivered to the Buyer prior to payment of the purchase price in full, the
parties hereby arrange retention of the Seller’s title to the Goods until the payment of the
entire purchase price.
- Unless a mandatory legal regulation determines otherwise, the liability for damage to the
Goods shall pass onto the Buyer at the moment the Goods are handed over to the first
carrier to be transported to the address specified by the Buyer in the Order.
- Until the title to the Goods passes onto the Buyer, the Buyer shall not be entitled to alienate
the Goods, burden them with any third party rights, modify or devalue the Goods.
7. Warranty, Liability for Defects
- The Seller provides warranty of twenty-four (24) months for the Goods and the warranty
period shall start on the day that the Buyer takes over the Goods.
- Warranty defects will not be considered to include the following defects caused in
2.1. Mechanical damage;
2.2. Improper or inappropriate use or maintenance;
2.3. Unprofessional service work;
2.4. Wear and tear resulting from normal use.
- The Buyer shall send a notification of defect to the Seller by e-mail at email@example.com and
the notification must include at least the following information:
3.1. Buyer’s identification data;
3.2. Number and date of conclusion of the Contract;
3.3. Serial number of the Goods;
3.4. Accurate and sufficiently detailed description of the defect;
3.5. Date of notification.
- Notifications made in any other way or notifications that do not contain the information
specified above are not made properly and shall not establish the Buyer’s rights based on
the warranty or liability for defects.
- The notification must be given without undue delay after the defect has been identified and
if it is not given within fourteen (14) days from the date of the defect identification, the claims
based on the warranty or liability for defects shall expire.
- The Seller undertakes to remove the warranty defect within thirty (30) days following the day
that the Buyer returns the Goods for repair, while the defect shall be removed by repairing or
replacing the item; the defective Goods must be returned to the Seller at the Seller’s
address specified in Article 1 (4) hereof.
- The Seller shall not be held liable for any defects resulting from incorrect or inaccurate
instructions of the Buyer that could not have been revealed by the Seller even in the course
of routine care.
- The total potential liability of the Seller for defects, damage or non-property harm arising out
of the Contract or related to the Contract, which applies to any and all claims of the Buyer, is
limited by the amount equalling the purchase price without VAT paid by the Buyer for the
8. Consumer Provisions
- The provisions of this article hereof shall only apply to Contracts concluded with the Seller
by the Buyer who is a Consumer.
- The Buyer shall be entitled to withdraw from the Contract without stating a reason within
fourteen (14) days, while that period of time shall start on the day that the Buyer takes over
the Goods. Pursuant to Section 1837 (d) of the Civil Code, the Buyer shall not be entitled to
withdraw from the Contract if the subject of the Contract consists in Goods treated or
modified according to the Buyer’s wish.
- If the Buyer withdraws from the Contract, it shall send or hand over to the Seller the Goods it
has received from the Seller without undue delay, however, no later than fourteen (14) days
from the withdrawal.
- If the Buyer withdraws from the Contract, the Seller shall return to the Buyer all monetary
funds including the costs of delivery that the Seller received from the Buyer on the basis of
the Contract in the same manner, which the Seller shall do without undue delay, however,
no later than within seven (7) days following the return of the Goods that the withdrawal
from the Contract relates to. The Seller will only return the received funds to the Buyer in a
different manner if the Buyer has agreed with it and does not incur any additional costs.
- If the Goods returned after withdrawal from the Contract are damaged otherwise than
through the fault of the Seller, the Seller is entitled to claim from the Buyer damages, compensation
for the costs incurred and for a decrease in the Goods value and set off that claim
against the Buyer’s entitlement to returning of the purchase price.
- In accordance with the provision of Section 1820 (1) (g) of the Civil Code, the Buyer shall bear
the costs of returning the Goods incurred in connection with the withdrawal from the
9. Personal Data Protection
- The Buyer agrees with the processing of its personal data by the Seller for the following
1.1. Any handling of personal data relating to the performance of the Contract or related
1.2. Compliance with the Seller’s obligations arising from the accounting and tax regulations
or other legislation;
1.3. Exercise of the Seller’s claims relating to any breach of the Contract by the Buyer.
- When handling personal data, the Seller undertakes to comply with Regulation (EU)
2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data and on the free movement
of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”), and Act
No. 110/2019 Coll., on the protection of personal data, as amended (hereinafter referred to
as “Personal Data Protection Act”).
- In particular, the Seller undertakes to process personal data legally, fairly and transparently
in relation to the specified purposes of processing.
- If the Seller as the personal data controller transfers personal data to a third party acting as
a processor, the Seller undertakes to take measures ensuring that the processor proceeds
in the processing of the Buyer’s personal data in accordance with the GDPR and the
Personal Data Protection Act.
- The Seller is entitled to authorize a third party to process the Buyer’s personal data in
respect of processing related to the compliance with the Seller’s obligations arising from the
applicable accounting and tax legislation.
10. Final Provisions
- In matters not regulated by these GBTC this contractual relationship shall be governed by
Act No. 89/2012 Coll., Civil Code, as amended, and by other applicable legal regulations.
- The rights and obligations of the Contracting Parties shall always be governed by the
version of the GBTC in effect at the date of conclusion of the Contract.
- The authority responsible for out-of-court settlement of consumer disputes is the Czech
Trade Inspection www.coi.cz).
- These Business Terms and Conditions come into effect on 1 September 2019.
1st September 2019
Marek Vysušil, Executive Officer