These Terms and Conditions (hereinafter referred to as “T&Cs”) govern the relationships between parties to purchase contracts, where one of the parties is Visu, s.r.o., IN 070 91 346, TIN: CZ07091346, with its registered office at Hakenova 561, 463 03 Stráž nad Nisou, listed in the Commercial Register maintained by the Regional Court in Ústí nad Labem, File Ref. C 41477, as the seller (hereinafter referred to as the “Seller”), and the other is a consumer or an entrepreneur as the buyer (hereinafter also jointly referred to as “Parties”).
Definition of terms used in these T&Cs:
2.1. "Order" means the Buyer's order for the purchase of the Seller's goods, which contains sufficient specification of the required goods, identification of the sending Buyer, including name, shipping and billing addresses, or IN/TIN where the Buyer is an entrepreneur, and contact details (phone, email, etc.); a Buyer's order shall not be regarded as an offer to enter into a contract.
2.2. "Offer" means an offer to deliver specific goods of the Seller to the Buyer, placed against an order and listing the selected goods, the purchase price or the method of its determination, the advance on the purchase price, approximate date of delivery of the goods following contract formation and reference to these T&Cs.
2.3. "Contract" means a purchase contract, or an accepted order, concluded between the Seller and the Buyer for the sale of the Seller's goods.
2.4. "Goods" refer to products manufactured or sold by the Seller.
2.5. "Buyer" is the Seller’s customer, a natural or legal person who negotiates or concludes a contract with the Seller.
2.6. "Consumer" means any individual who, outside their trade, business or profession, enters into a contract or has other dealings with an entrepreneur.
2.7. "Entrepreneur" means any natural or legal person who, on their own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention to do so consistently for profit. For the purposes of consumer protection any person who enters into contracts related to their own commercial, production or similar activities, or within their trade, business or profession, or a person acting in the name or on the account of an entrepreneur is also considered to be an entrepreneur For the purposes of these T&Cs, entrepreneur denotes a person who acts in accordance with the previous sentence as part of their business operations. If the Buyer provides their identification number in an order, they acknowledge that the rules set out in the T&Cs for entrepreneurs apply to them.
By placing an order for the purchase of goods with the Seller, the Buyer confirms that they have read these T&Cs.
The following are the contact and identification data of the Seller for the purposes of placing orders and for the purpose of communicating about any contract:
Visu, s.r.o. Mailing/billing address: Hakenova 561, 463 03 Stráž nad Nisou, CZ
address of establishment: Norská 68/15, 460 01 Liberec, CZ
data box ID: 3qi8nzm
bank account: 225631102/0600
banking details for payments denominated in EUR: 235393873/0600
Buyers may place orders for the purchase of the Seller's goods at the addresses and using the channels specified in these T&Cs. With regard to the specifics of the goods production processes and the available capacity, the Seller does not guarantee that the order will be processed within a certain period of time.
After an order has been processed, the Seller shall email to the Buyer an offer for the delivery of the goods as specified in the order.
The contract between the Seller and the Buyer is concluded once: (i) the Seller receives acceptance of the Seller’s offer by the Buyer; and (ii) the Buyer pays an advance on the purchase price, whichever occurs later.
An advance on the purchase price and the purchase price shall be deemed to have been paid on the day the respective amount is credited to the Seller’s account referred to under Art. 1(4) of these T&Cs.
The Buyer shall be informed by email that the advance on the purchase price has been paid and the contract formed.
For the purposes of contract formation, the provision 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 response with an addendum or a variation which does not substantially alter the terms of the offer does not constitute an acceptance of the offer and does not result in contract formation.
The period of validity of an offer issued by the Seller to the Buyer is always indicated in the offer. If the Buyer does not accept an offer within its period of validity, i.e. the notice of offer acceptance is not delivered to the Seller by the last day of the period of validity, the offer shall expire upon the lapse of the said period.
Any offer is revocable by the Seller until it is accepted by the Buyer.
The purchase price for the goods ordered as specified in the offer constitutes a contractual price. The purchase price specified in an offer only applies to the specific offer concerned and only during the period of validity of the offer. With the lapse in vain of the time limit for acceptance, the purchase price ceases to be binding.
The Buyer understands and acknowledges that the Seller is a VAT payer.
The purchase price for camping modules shall be paid by the Buyer in two instalments as set out below:
3.1. an advance payment equivalent to 70% of the purchase price shall be paid against an advance invoice issued by the Seller after contract formation, subject to a payment term of fourteen (14) days from the date of the invoice; any modifications to the goods specified in the order and in the offer may only commence once the advance is paid in full; if the advance is not paid within thirty (30) days of the date of the advance invoice, the contract shall be terminated (resolutive condition); and
3.2. the balance of the purchase price shall be paid against an invoice/fiscal receipt to be issued by the Seller, which will be sent to the Buyer before the goods are delivered to them; the goods may only be delivered if the balance of the purchase price has been paid in full.
4. The purchase price for goods other than those referred to under Art. 3(3) of these T&Cs shall be paid by the Buyer in a single instalment against an invoice/fiscal receipt to be issued by the Seller, which shall be sent to the Buyer before the goods are transmitted to the Buyer; the goods may only be transmitted if the balance of the purchase price has been paid in full.
5. If the goods are to be collected in person within the meaning of Art. 5(4) of these T&Cs, the purchase price may be paid in cash or by credit card directly at the place of delivery of the goods. In such a case, paragraph 8 of this Article shall not apply.
6. The Seller undertakes to issue invoices with all essentials set out by the relevant tax and accounting legislation in force at the time of issuing the invoice.
7. The Seller shall send the invoices to the Buyer at the Buyer’s email address specified in the order.
8. The amount billed by way of an invoice shall be deemed paid on the date the invoiced amount is credited to the Seller's account indicated in the relevant invoice.
The goods delivery date shall be arranged on a case-by-case basis against the Seller's offer accepted by the Buyer. The goods delivery date shall be automatically extended, and the Seller shall not be in default of delivery of the goods, if the balance of the purchase price is not paid by the Buyer properly and on time.
If any of the obstacles listed below occurs, the goods delivery date shall be postponed in favour of the Seller by the period during which the obstacle applies:
2.1. the Buyer fails to provide due cooperation;
2.2. an act or omission by the Buyer giving rise to legitimate concern that the Buyer will breach the contract in a grave manner;
2.3. obstacles existing beyond the Seller's control and objectively preventing performance of the contract, including delivery of the goods to the Buyer.
The delivery date may be extended by agreement between the Seller and the Buyer.
The Seller will hand the goods over for carriage to the Buyer within fifteen (15) days of payment of the purchase price in full.
The carriage of the goods shall be arranged by the Seller, who also has the right to choose the manner of carriage and a carrier.
The Buyer shall bear the costs of carriage of the goods, the price of carriage to be included in the offer.
The Buyer may collect the goods at the Seller's premises at the address specified in Art. 1(4) of these T&Cs, it being understood that in such a case the Buyer will not be charged the costs of carriage.
If the goods are visibly damaged when delivered to the Buyer by the carrier, the Buyer is required to immediately record and specify their objection to the condition of the consignment or its packaging in the carrier's delivery documentation and inform the Seller without delay.
The Buyer is required to check the goods immediately after delivery, and if the Buyer does not claim any legitimate and well-founded objections with the Seller regarding the condition of the goods within three (3) business days of the date of delivery, the goods shall be regarded as having been delivered without any defects.
The Seller is not responsible for any delay caused by the carrier.
In case the goods are delivered to the Buyer prior to payment of the purchase price in full, the parties hereby agree on retention of the Seller’s title in the goods until payment of the full purchase price.
Unless otherwise stipulated by mandatory law, the risk of damage to the goods shall pass to the Buyer once the goods are handed over to the first carrier for carriage 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, encumber them with any third party rights or alter the goods or deteriorate the value of the goods.
The Seller provides a thirty-six (36) months warranty for the Visu Sitka, Visu Sitka Plus, Visu Moie, Visu MoieBox and Visu Baze camping modules, excluding the following parts:
CAMPING GAS PARTY GRILL 200.
The three-year warranty period for the camping modules applies to all Buyers (Consumers and Entrepreneurs). Other products are covered by the warranty period as per the legislation in force.
The warranty period commences on the date of receipt of the goods by the Buyer.
Damage caused by improper handling and failure to follow the operating instructions are excluded from the warranty. The warranty does not cover regular wear and tear of the products or their individual parts. The warranty is voided if the product is tampered with by others. The Buyer's rights under the law are not limited by this warranty.
The Buyer shall send a defect notification to the Seller by email at email@example.com; the notification must include at least the following information:
5.1 Buyer’s identification data;
5.2 serial number of the goods;
5.3 warranty certificate number;
5.4 accurate and detailed account of the defect;
5.5 date of notification.
Notifications made in any other way or notifications that do not contain the information specified above are not properly served and do not establish the Buyer’s warranty or liability claims.
The notification must be served without undue delay after the defect is discovered and if it is not served within fourteen (14) days of discovery of the defect, the warranty and defect liability claims are voided.
The warranty is transferable if a valid product warranty certificate is presented at the time of lodging a complaint, together with the product serial number.
The Buyer may purchase an extended warranty for selected products, subject to the terms and conditions below:
9.1 The extended warranty is granted for a period of two years beyond the three-year warranty period (i.e. 3+2 years). The extended warranty commences on the first day following the end of the three-year warranty period and ends at the end of a two-year (24-month) period. The extended warranty is not extended by the time the product is subject to a complaint procedure.
9.2 When lodging a complaint under the extended warranty, the customer must present a valid extended warranty certificate issued by the Seller.
9.3 The extended warranty applies only to the product listed in the warranty certificate.
9.4 Under the extended warranty, the complaint will be resolved by repairing or replacing the part/parts claimed. The customer does not have the right to withdraw from the contract or the right to have the goods replaced. In the event of a major repair, the customer must deliver the claimed part at their own expense to the Seller's premises or to any of their premium partners.
9.5 The extended warranty does not cover regular wear and tear of the product, surface defects or minor damage to the appearance of the products (scratches to the laminate caused by regular use, etc.) or to damage caused by improper handling and failure to follow the operating instructions.
9.6 The extended warranty does not cover damage caused by unforeseen situations such as traffic accidents, fire, etc.
9.7 The extended warranty does not apply to damage caused by natural disasters.
9.8 Complaints will be settled within 60 days at the latest under the extended warranty.
9.9 The extended warranty can only be purchased up to the time of receipt of the product (it cannot be purchased retroactively).
The provisions of this Article shall only apply to contracts concluded with the Seller by a Buyer who is a consumer.
The Buyer shall have the right to withdraw from the contract without stating a reason within a time limit of fourteen (14) days, commencing on the day that the Buyer receives the goods. Under Section 1837(d) of the Czech Civil Code, the Buyer shall not have the right to withdraw from the contract where the subject of the contract involves goods that have been processed or modified according to the Buyer’s wish.
If the Buyer withdraws from the contract, they shall send or deliver to the Seller the goods they received from the Seller without undue delay and in any event within fourteen (14) days of the withdrawal.
If the Buyer withdraws from the contract, the Seller shall return to the Buyer, without undue delay and in any event within seven (7) days of the return of the goods the withdrawal relates to, all funds including the costs of delivery that the Seller received from the Buyer under the contract in the same manner. The Seller shall only return the received funds to the Buyer in a different manner if the Buyer has agreed to it and they do not incur any additional costs as a result.
If the goods returned after withdrawal are damaged due to reasons other than those attributable to the Seller, the Seller may claim from the Buyer damages, reimbursement for the costs incurred and compensation for any decrease in the value of the goods and set off that claim against the Buyer’s right to a refund of the purchase price.
In accordance with Section 1820(1)(g) of the Czech Civil Code, the Buyer shall bear the costs of returning the goods incurred in connection with the withdrawal from the contract.
The Buyer consents to the processing of their personal data by the Seller for the following purposes:
1.1. any handling of the personal data in connection with the performance of the contract or related obligations;
1.2. fulfilment of the Seller’s obligations under accounting and tax laws or other legislation;
1.3. exercise of the Seller’s claims relating to any breach of the contract by the Buyer.
The Seller undertakes to handle the personal data in accordance 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 ("GDPR") and Act No. 110/2019 Coll., on personal data processing, as amended (hereinafter referred to as the "Personal Data Processing Act").
The Seller in particular undertakes to process the personal data lawfully, fairly and transparently in relation to the specified purposes of processing.
If the Seller as the data controller transfers the 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 may authorise a third party to process the Buyer’s personal data as long as the processing is related to performance of the Seller’s obligations under applicable accounting and tax laws.
In matters not covered by these T&Cs, the contractual relationship shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended, and other relevant legislation.
The rights and obligations of the Parties shall always be governed by the version of the T&Cs in force as at the date of contract formation.
The competent authority for out-of-court settlements of consumer disputes is the Czech Trade Inspection Authority (www.coi.cz).
These Terms and Conditions comes into force on 1.2.2024
dated 1. 2. 2024 VISU, s.r.o. Marek Vysusil, Executive Officer