Geschäftsbedingungen

Terms and Conditions
commercial companies
TITAN - Multiplast s.r.o.
with registered address Jablonecká 1379, 468 51 Smržovka
identification number: 25022229
registred in the Commercial Register maintained by teh Regional Court in Ústí nad Labem, section C, insert 12444.
For the sale of goods through the online shop located at internet adress www.multiplast.cz

1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the company TITAN - Multiplast s.r.o., with its registered office at Jablonecká 1379, 468 51 Smržovka, Company ID No.: 25022229, registered in the Commercial Register maintained by the Regional Commercial Court in Ústí nad Labem, Section C, Insert 12444 (hereinafter referred to as the “Seller”), govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of any contractual relationship concluded between the Seller and the Buyer (hereinafter referred to as the “Buyer”).

1.2 For the purposes of these Terms and Conditions, a contract shall mean any contractual relationship between the Seller and the Buyer, whether concluded on the basis of a mutually executed agreement or by acceptance of the Buyer’s order (hereinafter referred to as the “Purchase Contract”), regardless of whether the Purchase Contract was concluded directly between the Seller and the Buyer or through the Seller’s online shop operated on the website located at multiplast.cz (hereinafter the “Website”), via the interface of the Website (hereinafter the “Shop Interface”).

1.3 For the purposes of these Terms and Conditions, the Buyer shall mean:

(a) consumer, meaning any natural person who concludes a Purchase Contract with the Seller outside the scope of their business activity or outside the scope of the independent exercise of their profession (hereinafter also referred to as the “Consumer”);

(b) an entrepreneur, meaning any person, whether natural or legal, or any other entity with legal personality, who concludes a Purchase Contract with the Seller in the course of carrying out their business, manufacturing, or similar activity, or in the independent exercise of their profession, whether designated directly as a purchaser, client, Buyer, or otherwise. In the event that the Buyer provides their Company ID number (IČO) or VAT number (DIČ) in the order form or when creating a user account on the Website, this shall constitute their intention to enter into the contractual relationship with the Seller as an entrepreneur.

1.4 These Terms and Conditions also govern the regulation of rights and obligations in connection with the formation of a Purchase Contract and the acceptance of an offer to conclude a Purchase Contract, as well as the rights and obligations of the Buyer and the Seller arising from a concluded Purchase Contract.

1.5 Any commercial or other terms and conditions of the Buyer relating to the supply of goods, provision of services, or performance shall not apply to the contractual relationship with the Seller unless expressly agreed otherwise in writing by the contracting parties. No other terms or agreements intended to modify or alter the deadlines, scope, conditions, or specifications of the Purchase Contract or these Terms and Conditions shall be binding unless confirmed in writing by the Seller.

1.6 Provisions deviating from these Terms and Conditions may be agreed in the Purchase Contract. Such deviating provisions shall prevail over these Terms and Conditions.

1.7 The Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.8 The Seller may amend or supplement these Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

1.9 The rights and obligations arising from a concluded Purchase Contract are further governed by:

(a) these Terms and Conditions,

(b) the Privacy Policy,

(c)the laws of the Czech Republic in force.

2. USER ACCOUNT

2.1 Based on the Buyer’s registration on the Website, a user interface is created for the Buyer, through which the Buyer may access their account. From this user interface, the Buyer may place orders for goods (hereinafter referred to as the “User Account”). If the Shop Interface allows it, the Buyer may also place orders for goods directly through the Shop Interface without registration.

2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer is obliged to update the information provided in the User Account whenever any changes occur. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3 Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

2.4 The Buyer is not authorized to allow third parties to use the User Account.

2.5 The Seller may cancel the User Account, particularly if the Buyer does not use their User Account for more than 24 months, or if the Buyer breaches their obligations under the Purchase Contract (including these Terms and Conditions). The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of hardware and software of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1 The conclusion of a Purchase Contract between the Seller and the Buyer may take place by means of a written agreement, or by acceptance by the Buyer of the Seller’s offer, or by acceptance by the Seller of the Buyer’s (online) order.

3.2 The Contract may be concluded in writing or by means of remote communication, in particular by email communication between persons authorized to act on behalf of the contracting parties, or via the Shop Interface.

3.3 The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, and such costs shall not differ from the basic rate.

3.4 The Contract is concluded:

(a) by the signatures of both contracting parties, in the case of a written form of the Contract,

(b) by written acceptance (confirmation) of the Seller’s offer within the validity period of the offer,

(c) by written acceptance (confirmation) of the Buyer’s (online) order,

(d) by payment of an advance by the Buyer.

3.5 Written confirmation of acceptance of the Seller’s offer or the Buyer’s (online) order shall also mean acceptance made in the form of a simple email sent to the Buyer’s email address, being either the email address provided in the User Account or stated in the (online) order (hereinafter the “Buyer’s Email Address”).

3.6 By sending an (online) order, the Buyer expresses their consent to these Terms and Conditions.

3.7 The Seller is not obliged to accept an (online) order or conclude a Purchase Contract. An unaccepted (online) order is not binding on the Seller.

3.8 The Seller is entitled to verify the (online) order if there are doubts about its authenticity or seriousness. The Seller may reject an unverified (online) order. Depending on the nature of the order (quantity of goods, purchase price, expected delivery costs), the Seller is always entitled to request additional confirmation of the order from the Buyer (for example, in writing or by telephone).

3.9 The Seller is entitled to revoke or modify the offer at any time before its confirmation by the Buyer.

3.10 In the event that the Seller does not provide written acceptance of the Buyer’s (online) order, yet performs any supply in accordance with the order and the Buyer accepts such supply, the order shall be deemed approved by both parties on the date of performance (acceptance). By such acceptance or performance, the Purchase Contract is deemed concluded, with its terms defined by the order and these Terms and Conditions.

3.11 The Purchase Contract is concluded in the Czech language.

3.12 The Seller’s offer is valid, unless otherwise specified therein, for a period of 5 days from its delivery to the Buyer. Acceptance of the Seller’s offer must be delivered to the Seller within this period; otherwise, the Purchase Contract shall not be concluded.

3.13 Written notices are delivered to the Buyer’s email address stated in the (online) order, and for the purpose of meeting the written form requirement, a simple email shall be sufficient.

4. PURCHASE ON THE WEBSITE

4.1 All presentations of goods placed in the Shop Interface are of an informational nature, and the Seller is not obliged to conclude a Purchase Contract for such goods. The provision of Section 1732 (2) of the Civil Code shall not apply.

4.2 The Shop Interface contains information about the goods, including the prices of individual goods and the costs of returning goods, if such goods by their nature cannot be returned by ordinary postal means. The prices of goods are listed including value-added tax and all related charges. The prices of goods remain valid as long as they are displayed in the Shop Interface. This provision does not restrict the Seller’s ability to conclude a Purchase Contract under individually agreed terms.

4.3 The Shop Interface also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the Shop Interface applies only when goods are delivered within the territory of the Czech Republic. If the Seller offers free delivery of goods, the Buyer’s right to free delivery of goods arises only if the Buyer has paid the minimum total purchase price of the delivered goods as specified in the Shop Interface. In the event of partial withdrawal from the Purchase Contract by the Buyer, and the total purchase price of goods not withdrawn from the Contract does not reach the minimum threshold required for entitlement to free delivery of goods under the preceding sentence, the Buyer’s right to free delivery of goods shall expire and the Buyer shall be obliged to reimburse the Seller for the delivery costs.

4.4 To order goods, the Buyer shall fill in the order form in the Shop Interface. The order form contains, in particular, information about:

(a) the goods being ordered (the Buyer “inserts” the ordered goods into the electronic shopping cart in the Shop Interface),

(b) the method of payment of the purchase price of the goods and details of the requested method of delivery of the ordered goods, and

(c) information on the costs associated with the delivery of the goods (for the purposes of these Terms and Conditions referred to as the “Online Order”).

4.5 Before submitting the Online Order to the Seller, the Buyer is allowed to check and modify the data entered into the order, including the ability to detect and correct errors made when entering data into the Online Order. The Buyer submits the Online Order to the Seller by clicking the “order with obligation to pay” button.

5. PERFORMANCE PERIOD

5.1 The delivery time of the goods depends on their availability and on the chosen method of transport and payment.

5.2 The delivery time of goods by an external carrier or delivery service provider is beyond the Seller’s control, and the Seller shall not be liable for delays caused by carriers or delivery service providers.

5.3 The Buyer is obliged to take delivery of the goods before the date agreed in the Purchase Contract.

5.4 Goods from the Seller’s stock shall be dispatched without undue delay after acceptance of the Buyer’s online order, provided that the goods are to be delivered on a cash-on-delivery basis or have already been paid for. If the goods are to be paid for by the Buyer by non-cash means, the Seller shall dispatch them without undue delay after receipt of payment for the ordered goods, or after issuing a tax document if it has been agreed that the purchase price may be paid by non-cash means after delivery.

5.5 Goods that are not available in the Seller’s stock shall be dispatched without undue delay after they are delivered to the Seller, and the Buyer shall be informed of the expected dispatch date.

5.6 The Seller is entitled to change the announced delivery or dispatch date of the goods.

6. PRICE OF GOODS AND PAYMENT TERMS

6.1 The prices of goods are governed by the Seller’s valid current price lists. Prices are quoted in Czech crowns excluding VAT and do not include the Seller’s ancillary costs (transport, packaging, etc.). The Seller reserves the right to change prices without prior notice. The price of goods listed on the Website is for informational purposes only.

6.2 The price of goods listed on the Website includes VAT and any other charges required by law.

6.3 In the event of acceptance of the Buyer’s online order by the Seller, the purchase price of the goods indicated in such acceptance becomes binding.

6.4 The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:

(a) in cash at the Seller’s premises at Jablonecká 1379, 468 41 Smržovka;

(b) in cash on delivery upon receipt of the goods.

(c) by bank transfer to the Seller’s account specified on the invoice (hereinafter the “Seller’s Account”);

(d) cashless via an online payment system;

(e) by payment card;

(f) in cash or by payment card upon personal collection at the pick-up point;

(g) through credit provided by a third party.

6.5 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

6.6 The Seller does not require the Buyer to pay a deposit or similar advance payment. This does not affect the Seller’s right to require advance payment of the purchase price in accordance with these Terms and Conditions.

6.7 In the case of payment in cash, on delivery, or at the pick-up point, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days of the conclusion of the Purchase Contract. By mutual agreement, the Seller may allow an entrepreneur to pay the purchase price cashless after delivery of the goods, by bank transfer to the Seller’s account, based on an invoice. The due date of invoices is 14 days. If the invoice is not paid within this period, the Buyer shall pay the Seller a contractual penalty of 0.1% of the outstanding amount for each day of delay. In the event of delay, the Buyer grants the Seller irrevocable consent to assign the claim, including accessories, to a third party.

6.8 In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. The obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account. All bank fees and charges of the Buyer’s bank in connection with payments to the Seller shall be borne by the Buyer.

6.9 The Seller is entitled, in particular if the Buyer fails to provide additional confirmation of the order, to require payment of the full purchase price before dispatching the goods. The provision of Section 2119 (1) of the Civil Code shall not apply.

6.10 Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined.

6.11 If customary in business practice or required by generally binding legal regulations, the Seller shall issue the Buyer a tax document – invoice – for payments made under the Purchase Contract. The Seller is a VAT payer. The tax document – invoice shall be issued by the Seller after the purchase price of the goods has been paid and sent electronically to the Buyer’s email address.

6.12 According to the Act on the Registration of Sales, the Seller is obliged to issue the Buyer a receipt and to register the received sale with the tax administrator online; in case of technical outage, then no later than within 48 hours.

6.13 The Buyer agrees to the sending of pro forma and tax documents in electronic form in pdf format to the email address from which the online order was sent.

6.14 If an obvious technical error occurs on the part of the Seller when quoting the price of goods on the Website or during the conclusion of the Purchase Contract, such legal act shall be deemed null and void, and the Seller is not obliged to deliver the goods at the manifestly incorrect price, whether due to the nullity of the legal act or due to mistake.

6.15 In addition to the price of the goods, the Seller is entitled to charge the Buyer for delivery costs and for cash on delivery charges. If goods are dispatched in multiple consignments, the Seller is entitled to charge postage for each such consignment

6.16 The price of the goods is considered paid at the moment the relevant amount is credited to the Seller’s bank account.

6.17 If the Buyer does not pay the purchase price within the due date, the Seller is entitled to withdraw

6.18 In the event of a delay by an entrepreneur in paying the price of the goods, the Seller is also entitled to suspend any agreed deliveries of goods until all outstanding debts of the Buyer have been paid.

7. WITHDRAWAL FROM THE PURCHASE CONTRACT

7.1 K A Buyer who is a consumer is entitled to withdraw from a concluded Purchase Contract without giving any reason within 14 days from the date of receipt of the goods; if delivery of goods has been divided into several parts, the period runs from the date of receipt of the last delivery.

7.2 Withdrawal must be made in writing.

7.3 The notice of withdrawal from the purchase contract must be sent to the seller within the time limit stated in the preceding sentence. For withdrawal from the purchase contract, the consumer may use the model form provided by the seller, which is publicly available for download here. The buyer may send the notice of withdrawal, among other options, to the address of the seller’s place of business together with the returned goods, or to the seller’s email reklamace@titan-multiplast.cz, or via the online claims form.

7.4 The Consumer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Contract for the supply of goods that were customized or manufactured according to the Consumer’s wishes or for their person, from a Purchase Contract for perishable goods, or for the supply of goods in sealed packaging that the Consumer has unsealed and which cannot be returned for hygiene reasons. This applies in particular to cut-to-size plastic sheets smaller than the standard formats of 2050 × 3050 mm for solid sheets or 2100 × 6000 mm for multiwall sheets.

7.5 In the event of withdrawal from the Purchase Contract, the Contract is canceled from the beginning. The goods must be returned by the Consumer to the Seller within 14 days of the delivery of the notice of withdrawal. If the Consumer withdraws from the Purchase Contract, they shall bear the costs of returning the goods to the Seller, even if the goods cannot, due to their nature, be returned by ordinary postal means.

7.6 The Consumer is obliged to pack the returned goods in such a way as to prevent them from becoming soiled or damaged.

7.7 In the event of withdrawal from the Purchase Contract, the Consumer is obliged to return the goods to the Seller clean, without any signs of use or modification, and in their original packaging. Otherwise, the Seller is entitled to compensation for the reduction in the value of the goods. The Consumer is liable to the Seller only for the reduction in value of the goods resulting from handling them in a manner other than that necessary with regard to their nature and characteristics.

7.8 In the event of withdrawal from the Purchase Contract, the Seller shall refund the monetary funds received from the Consumer within 14 days of the withdrawal, in the same manner as they were received from the Consumer. The Seller may also refund the performance provided by the Consumer at the time of return of the goods or in another manner agreed with the Consumer, provided that no additional costs are incurred by the Consumer. The Seller is not obliged to return the received monetary funds to the Consumer before the goods are returned to the Seller or before the Consumer proves that the goods have been dispatched back to the Seller.

7.9 The Seller shall, in addition to the purchase price, refund to the Consumer the delivery costs corresponding to the cheapest delivery method offered by the Seller.

7.10 The Seller is entitled to offset any claim for damages to the goods against the Buyer’s claim for reimbursement of the purchase price.

7.11 In cases where the Consumer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are accepted by the Consumer. In such a case, the Seller shall refund the purchase price to the Consumer without undue delay, by bank transfer to the account specified by the Consumer.

7.12 The Seller is entitled to withdraw from the Purchase Contract concluded with a Consumer, in addition to the cases provided by generally binding legal regulations, if:

(a) the purchase price is not received from the Consumer within the due date;

(b) the Consumer does not take delivery of the goods;

(c) performance by the Seller is not possible under the original conditions (in particular, because the goods are no longer produced or the supplier has stopped supplying the goods to the Czech Republic);

(d) performance by the Seller becomes objectively impossible or unlawful.

7.13 An entrepreneur is entitled to withdraw from the Purchase Contract concluded with the Seller, in addition to cases provided by generally binding legal regulations, if the ordered goods are not delivered within more than 90 days after the agreed delivery date. If no such date was agreed, the period shall be 90 days from the conclusion of the Purchase Contract

7.14 An entrepreneur is not entitled to withdraw from a Purchase Contract concerning ordered goods that have been duly, timely, and faultlessly delivered by the Seller.

7.15 The Seller is entitled to withdraw from a Purchase Contract concluded with an entrepreneur, in addition to cases provided by generally binding legal regulations:

(a) without giving any reason until the entrepreneur has taken delivery of the ordered goods under the concluded Contract;

(b) if the Seller does not receive the purchase price from the entrepreneur within the due date;

(c) if the entrepreneur does not take delivery of the goods;

(d) if performance by the Seller is not possible under the original conditions (in particular, because the goods are no longer produced or the supplier has stopped supplying the goods to the Czech Republic);

(e) if performance by the Seller becomes objectively impossible or unlawful.

7.16 The Seller is obliged to inform the Buyer without undue delay about the withdrawal from the Contract.

7.17 The provisions of these Terms and Conditions on the refund of the purchase price to the Consumer shall apply mutatis mutandis to the refund of the purchase price to an entrepreneur.

7.18 If a gift has been provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a condition subsequent that, in the event of the Buyer’s withdrawal from the Purchase Contract, the gift agreement shall cease to be effective and the Buyer shall be obliged to return the provided gift to the Seller together with the goods.

8. TRANSPORT AND DELIVERY OF GOODS

8.1 If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with such method of transport.

8.2 If, under the Purchase Contract, the Seller is obliged to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.

8.3 If, for reasons attributable to the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than as stated in the order, the Buyer shall bear the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery and storage.

8.4 Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If the Buyer discovers damage to the packaging indicating unauthorized entry into the shipment, they are not obliged to accept the shipment from the carrier. This does not affect the Buyer’s rights arising from liability for defects in the goods and other rights under generally binding legal regulations.

8.5 Further rights and obligations of the parties during the transport of goods may be regulated by special delivery conditions issued by the Seller, if applicable.

8.6 The availability of goods listed on the Website is for reference only

8.7 Unless otherwise agreed with the Buyer, the Seller is entitled to deliver the goods specified in the Buyer’s online order in multiple consignments, taking into account both the size and transport possibilities of the goods and the availability of goods with the Seller.

8.8 The specific method of delivery of the goods is chosen by the Buyer in the online order. In accepting the online order, the Seller may, given the size of the goods, transport possibilities, and availability, make delivery conditional on a different method of delivery than the one stated in the online order.

8.9 Installation of the goods is not included in the delivery.

8.10 If the Buyer refuses to accept or fails to take delivery of the goods, this shall not be considered as the Seller’s failure to deliver the goods under the concluded contract.

8.11 If the Buyer refuses to accept goods customized (cut or otherwise processed) according to their requirements, the Buyer is obliged to pay a contractual penalty equal to the purchase price of such goods (including the cost of cutting or other processing).

9. TERMS OF DELIVERY FOR NON-STANDARD FORMATS

9.1 The material in the form of plates and profiles is delivered to the buyer in standard production sizes or formatted according to his requirements specified in the order. The modulus of the plate area for determining the selling price depends on the type of material:

Exceptions are orders that have been produced on the basis of the buyer's order confirmation

9.2 Plate formatting is subject to tolerance 'C' of ISO 2768-1 mk.

10. RIGHTS FROM DEFECTIVE PERFORMANCE

10.1 The rights and obligations of the contracting parties regarding defective performance are governed by the relevant generally binding legal regulations (in particular, Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

10.2 The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer takes delivery of the goods:

(a) the goods have the properties agreed between the parties, and if no such agreement exists, the goods have such properties as the Seller or manufacturer has described, or which the Buyer expected given the nature of the goods and based on advertising,

(b) the goods are suitable for the purpose for which the Seller states they are intended, or for which goods of this type are usually used,

(c) the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model,

(d) the goods are in the appropriate quantity, measure, or weight, and

(e) the goods comply with the requirements of legal regulations.

10.3 The above provisions shall not apply if the Seller has expressly informed the Buyer before the conclusion of the Contract that a specific property of the goods differs, and the Buyer expressly agreed to this upon concluding the Contract.

10.4 Rights arising from liability for defects in goods shall be exercised with the Seller. If, however, a person designated for repair is specified in a document issued by the Seller concerning the scope of liability for defects (within the meaning of Section 2166 of the Civil Code), and this person is located at the Seller’s premises or closer to the Buyer, the Buyer shall exercise the right of repair with that person. Except in cases where another person is designated to carry out the repair, the Seller is obliged to accept complaints at any of its premises where acceptance of the complaint is possible given the range of goods sold or services provided, or at the Seller’s registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation of when the Buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the Buyer requires, as well as confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration, or a written justification of the rejection of the complaint. This obligation also applies to other persons authorized by the Seller to perform repairs.

10.5 The Buyer may exercise rights arising from liability for defects in particular in person at TITAN - Multiplast s.r.o., Jablonecká 1379, 468 51 Smržovka, by telephone at +420 488 588 470, by email at reklamace@titan-multiplast.cz, or via the online claims form.

10.6 The Buyer shall inform the Seller of the right they have chosen when notifying the defect or without undue delay thereafter. The Buyer may not change the chosen right without the consent of the Seller; this does not apply if the Buyer requested repair of a defect that proves to be irreparable.

10.7 If the goods do not have the properties set out above, the Buyer may also demand delivery of new goods free of defects, unless this is unreasonable given the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only demand replacement of that part. If this is not possible, the Buyer may withdraw from the Contract. However, if this is disproportionate given the nature of the defect, in particular if the defect can be removed without undue delay, the Buyer has the right to have the defect remedied free of charge. The Buyer has the right to delivery of new goods or replacement of a part even in the case of a removable defect, if the goods cannot be properly used due to repeated occurrence of the defect after repair or due to a greater number of defects. In such cases, the Buyer also has the right to withdraw from the Contract. If the Buyer does not withdraw from the Contract or does not exercise the right to delivery of new goods free of defects, replacement of a part, or repair of the goods, they may demand a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods free of defects, replace a part, or repair the goods, as well as in the event that the Seller fails to remedy the defect within a reasonable time or if remedying the defect would cause the Buyer significant difficulties.

10.8 A person entitled under Section 1923 of the Civil Code is also entitled to reimbursement of expenses reasonably incurred in exercising this right. If, however, such a right is not exercised within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant such right if the Seller objects that the right to reimbursement was not exercised in time.

10.9 Further rights and obligations of the parties relating to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure. The Seller shall not be liable to the Buyer for direct or indirect damage or lost profit arising from improper use of the goods or from the use of defective goods. The Seller shall not be liable to the Buyer for damages arising from Purchase Contracts concluded with other persons, in particular for consequential or indirect damages.

10.10 The Seller shall not be liable for defects in the goods arising from improper use, in particular exposure of the goods to chemicals, cleaning agents, solvents, or other substances that may damage the surface or structure of the material. A recommended list of suitable cleaning products for plastic sheets is provided in the advisory section on the Seller’s website or directly with the respective products.

10.11 The Seller shall not be liable for defects in the goods resulting from improper storage, handling, or use of the goods by the Buyer. In particular, the Seller shall not be liable for defects arising from prolonged exposure of the goods to weather conditions, UV radiation, humidity, or other conditions unsuitable for the storage and use of the goods.

10.12 The customer is obliged to inspect the goods upon receipt or without undue delay after receipt. Failure to do so may affect the outcome of the complaints procedure. This applies in particular to discrepancies in the quantity and type of the delivered material or goods.

11. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

11.1 The Buyer acquires ownership of the goods upon payment of the full purchase price. The risk of damage to the subject of performance passes to the Buyer at the moment of physical receipt of the goods, or delivery to the place of performance.

11.2 The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.

11.3 Consumer complaints are handled by the Seller via the email address reklamace@titan-multiplast.cz. Information on the resolution of a complaint will be sent by the Seller to the Buyer’s email address.

11.4 Out-of-court settlement of consumer disputes arising from the Purchase Contract falls under the competence of the Czech Trade Inspection Authority, registered office Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the Buyer arising from the Purchase Contract.

11.5 The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

11.6 The Seller is authorized to sell goods on the basis of a trade license. Trade supervision is carried out by the competent trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority exercises supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, to the extent defined by law.

11.7 The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

11.8 The Buyer undertakes to immediately notify the Seller of any court order or any third-party intervention concerning goods not yet paid for. The Buyer undertakes to immediately notify the Seller of their entry into liquidation, declaration of bankruptcy, or if their trade license, business,
cooperative, or company ceases to exist. The Buyer also undertakes to immediately notify the Seller of any changes relating to their valid account and banking details and of the occurrence of insolvency. In the event of insolvency, the Seller’s claims against the Buyer become immediately due. In such a case, the Seller may demand the immediate return of goods not yet paid for. Such return of goods does not constitute withdrawal from the Contract.

11.9 Force majeure events, such as state interventions, operational, transport, and energy disruptions, strikes, lockouts, or other objective obstacles on the part of the Seller, constitute grounds for postponement of the Seller’s contractual obligations for the duration and scope of such events. The same applies if such events occur at subcontractors.

12. PERSONAL DATA PROTECTION

12.1 The Seller fulfills their information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”), relating to the processing of the Buyer’s personal data for the purposes of performance of the Purchase Contract, for the purposes of negotiations regarding the Purchase Contract, and for the purposes of the Seller’s public law obligations, by means of a separate document.

13. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

13.1 The Buyer agrees, within the meaning of Section 7 (2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (the Information Society Services Act), as amended, to the sending of commercial communications by the Seller to the Buyer’s email address or telephone number. The Seller fulfills their information obligation towards the Buyer within the meaning of Article 13 of the GDPR regarding the processing of the Buyer’s personal data for the purposes of sending commercial communications by means of a separate document.

13.2 The Seller fulfills their statutory obligations relating to the potential storage of cookies on the Buyer’s device by means of a separate document.

14. FINAL PROVISIONS

14.1 If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law under the preceding sentence shall not deprive a Buyer who is a consumer of the protection afforded by provisions of the legal order from which it is not possible to contractually deviate, and which would otherwise apply in the absence of a choice of law pursuant to Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

14.2 If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, a provision shall apply in its place that most closely approximates the intent of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

14.3 Neither contracting party shall be liable for failure to fulfill contractual obligations as a result of force majeure. For the purposes of this Contract, force majeure shall mean circumstances beyond the control of the contracting parties which they cannot influence. If such force majeure does not last longer than three (3) months, the fulfillment of obligations is extended by the duration of such force majeure. If the force majeure lasts longer than three (3) months, the situation shall be resolved by mutual agreement between the Buyer and the Seller.

14.4 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

14.5 An annex to the Terms and Conditions consists of a model withdrawal form from the Purchase Contract.

14.6 Contact details of the Seller: Delivery address: TITAN - Multiplast s.r.o. Jablonecká 1379, 468 51 Smržovka, E-mail info@titan-multiplast.cz , Telephone: 483 360 063

Ing. Lukáš Horn
CEO

In Smržovka (CZ) date 2.10.2025

Geschäftsbedingungen PDF

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