General Terms and Conditions for Entrepreneurs and Legal Entities 

The labelea.eu shop is only intended for entrepreneurs and legal entities. Consumers are not allowed to shop.

These General Terms and Conditions for Entrepreneurs and Legal Entities (hereinafter referred to as the “Terms and Conditions”) shall apply to contracts concluded through the online shop labelea.eu located on the web interface www.labelea.eu (hereinafter referred to as the “Web Interface”) between 

our company: 

MARTÍNEK CZ s.r.o., with its registered office at Kolín IV, Klejnarská 92, Postal Code 28002, Czech Republic
Company ID No.: 24817147
Tax ID No.: CZ24817147
Registered: in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 177015
Delivery address: MARTÍNEK CZ s.r.o., Klejnarská 92, 28002 Kolín 4, Czech Republic
Contact email: labelea@labelea.eu

as the Seller

and an entrepreneur or legal entity

as the Buyer

(both collectively hereinafter referred to as the “Parties”).

1. Introductory Provisions

1.1. The Terms and Conditions define and specify basic rights and obligations of the Parties when concluding a purchase contract or other contract referred to herein (hereinafter referred to as the “Contract”) via the Web Interface.

1.2. The provisions of the Terms and Conditions shall form an integral part of the Contract. Provisions deviating from the Terms and Conditions may be agreed in the Contract. Any deviating provisions in the Contract take precedence over the provisions of the Terms and Conditions. The Seller may change or supplement the wording of the Terms and Conditions. The rights and obligations of the Parties shall always be governed by the wording of the Terms and Conditions under which they arose. The rights and obligations of the Parties are further governed by the Complaints Procedure for Entrepreneurs and Legal Entities, the Privacy Policy, as well as the Terms and Conditions and instructions listed on the Web Interface, especially when concluding the Contract. In matters not regulated herein, the relations of the Parties shall be governed by legal regulations, in particular, Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).

1.3. These Terms and Conditions shall apply to Buyers who are entrepreneurs and to legal entities. The labelea.eu shop is only intended for entrepreneurs and legal entities. Consumers are not allowed to shop.

1.4. The Buyer acquires ownership to the goods upon payment of the full purchase price, however, not before the goods are taken over.

1.5. By sending the order, the Buyer confirms that it has read these Terms and Conditions and agrees with the content thereof.

2. Order and Contract Conclusion

2.1. The Web Interface provides a list of goods including a description of the main features of each item. The presentation of the goods on the Web Interface is informative and does not constitute a proposal of the Seller to conclude the Contract pursuant to Section 1732(2) of the Civil Code. In order to conclude the Contract, the Buyer must send the order and the Seller must accept the order.

2.2. The Buyer shall place the order via the Web Interface, or in any other way indicated on the Web Interface or as agreed by the Parties. The order must always contain the exact name of the goods ordered (or the numerical designation of the goods), the number of pieces of goods, the chosen method of payment and delivery and the contact details of the Buyer (name and surname or company name, identification number, delivery address, telephone number, email address). The Buyer is obliged to prove that it is an entrepreneur by entering a valid identification number in the order.

2.3. The Seller is not obliged to confirm the received order. An unconfirmed order is not binding for the Seller. The Seller is entitled to verify the order in the case of doubt about the authenticity and seriousness of the order. Unverified orders may be refused by the Seller.

2.4. The Contract is concluded at the moment when the Buyer has received the acceptance of the binding order from the Seller.

2.5. In the event of cancellation of the order by the Buyer, the Seller is entitled to a cancellation fee of 50% of the price of the goods. If the Seller has already incurred some costs in connection with the Contract, it is also entitled to reimbursement of these costs in full.

3. Delivery Terms

3.1. The Seller is obliged to deliver the goods to the Buyer in the agreed manner, properly packed and equipped with the necessary documents. Unless otherwise agreed, the documents shall be provided in the Czech language.

3.2. By agreement of the Parties, the Seller may arrange for the Buyer to transport the goods and to insure the goods during the period of transport. The Buyer is obliged to pay the price of transport and insurance according to the valid tariff of the carrier. The delivery of the goods to the Buyer is deemed to be the handover of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods shall pass to the Buyer.

3.3. Before accepting the goods, the Buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier of any defects. Any defects shall be documented in a report. If a defect report is not made, the Buyer loses any claims arising from the damaged packaging of the goods.

3.4. Immediately upon accepting the goods, the Buyer is obliged to inspect the goods, in particular, to check the number of pieces of goods and completeness thereof. In the event of a discrepancy, the Buyer is obliged to notify the Seller thereof without undue delay, but no later than within 2 working days after accepting the goods. The Buyer is obliged to document any defects found in a suitable manner and send this documentation to the Seller together with the defect notification.

3.5. The Buyer's failure to accept the goods shall not affect the Seller's right to demand payment of the purchase price in full.

4. Payment Terms

4.1. In addition to other methods of payment specified on the Web Interface or individually agreed upon, the Buyer shall have the option to pay the purchase price for the goods to the Seller by any of the methods indicated below:

- Cash on delivery or personal collection;

- Non-cash before delivery of the goods by wire transfer to the Seller's bank account on the basis of an advance invoice;

- Non-cash after delivery of the goods by wire transfer to the Seller's bank account on the basis of a tax document (invoice) within the due date indicated on the invoice.

The Seller is entitled not to allow payment of the goods after delivery. This payment method is usually reserved for regular customers. Unless otherwise agreed, the invoice shall be attached to the goods together with the delivery note.

4.2. In the case of cash payment, the price shall be payable upon accepting the goods. In the case of non-cash payment, the price shall be payable within five days of receipt of the order, unless otherwise agreed by the Parties. In the case of non-cash payment, the Buyer's obligation to pay the price of the goods shall be considered fulfilled at the moment of crediting the relevant amount to the Seller's account.  

4.3. In the event of non-compliance with the due date hereunder, the Buyer may be charged interest on late payment in the amount of 0.5% of the amount due for each day of delay. The Seller's right to compensation for damages incurred by the Buyer's delay is not affected.

4.4. In the event of default by the Buyer in payment of the price of the goods, the Seller is also entitled to suspend further agreed deliveries of the goods until all outstanding debts of the Buyer are paid.

4.5. Payment of goods is possible in Euros (€) and Czech crowns (CZK).

4.6. All shipments outside the European Union must be properly cleared. The goods shall always be accompanied by a tax document with a description of the goods and the amount paid. Customs fees shall be paid by the Buyer. For more detailed information on the duty and conditions thereof, the Buyer should contact the designated customs office in the country from which the goods are ordered.

5. Withdrawal from the Contract

5.1. The Seller is entitled to withdraw from the Purchase Contract at any time until the goods are accepted by the Buyer. In this case, the Seller shall refund to the Buyer the purchase price already paid by the Buyer, in the form of non-cash payment to the account communicated to the Seller for this purpose by the Buyer or to the account from which the funds to pay the purchase price were transferred (if the Buyer fails to communicate any within 5 days of withdrawal to the Seller). 

5.2. The Seller is also entitled to withdraw from the Contract if the Buyer is in default of payment of the purchase price of the goods for more than 4 weeks. In this case, the Seller is also entitled to a contractual penalty of 50% of the price of the goods.

5.3. The Buyer is entitled to withdraw from the Contract if the Seller is in delay with the delivery of the goods for more than 4 weeks from the agreed delivery date.

5.4. The Buyer is not entitled to withdraw from the Contract in respect of the goods that have been delivered properly, on time and without defects.

5.5. Withdrawal from the Contract must be made in writing and, in the case of Contracts negotiated electronically, also electronically. Withdrawal from the Contract shall be effective upon delivery of the notice of withdrawal to the other Party.

5.6. If a gift has been provided together with the goods, the Gift Contract shall cease to be effective upon withdrawal by either Party.

6. Rights from Defective Performance

6.1. The conditions for exercising rights from defective performance and warranty liability shall be governed by the Complaints Procedure for Entrepreneurs and Legal Entities of the Seller.

7. Protection of Seller’s Trade Secrets and Commercial Policy

7.1. During the negotiation of the Contract and performance thereof, the Buyer may be provided with information that is marked as confidential or the confidentiality of which results from its nature. Regarding such information, the Buyer undertakes, in particular, to:

- Kept it confidential;

- Not to disclose it to any other person without the Seller's consent; 

- Not to use it for any purpose other than the performance of the Contract;

- Not to take advantage of it in any other damaging way.

7.2. Furthermore, the Buyer undertakes not to make copies of the documents submitted to it by the Seller without the Seller's consent. 

8. Registration on Web Interface

8.1. Upon registration via the registration form on the Web Interface, a user account shall be created. The Buyer is obliged to keep the access data to the user account confidential. The Seller is not responsible for any misuse of the user account by a third party.

The information provided at the time of registration must be true and complete. The Seller may cancel the account without any refund if false or incomplete information has been used to create it. In the event of changes in the Buyer's data, the Seller recommends to modify it immediately in the user account. 

8.2. Through the user account, the Buyer can primarily order goods, track orders and manage the user account. Any additional features of the user account shall always be provided on the Web Interface.

8.3. Please note that the Seller has the right to cancel the Buyer's user account without refund if violation of good morals, applicable law or these Terms and Conditions occur via the Buyer’s account.

9. Copyright Protection, Liability and Web Interface Use

9.1. The content of the web pages located on the Web Interface (texts including the Terms and Conditions, photographs, images, logos, software, etc.) shall be protected by the Seller's copyright or the rights of other persons. The Buyer may not modify, copy, reproduce, distribute or use the content for any purpose without the consent of the Seller or the consent of the copyright holder. In particular, it is prohibited to make photographs and texts on the Web Interface available free of charge or for a fee. 

The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners. 

9.2. The Seller shall not be liable for errors resulting from third party interference with the Web Interface or its use contrary to its intended use. When using the Web Interface, the Buyer may not use procedures that could interfere with the system's functionality or unreasonably burden the system.

If the Buyer commits any illegal or unethical act while using the Web Interface, the Seller is entitled to restrict, suspend or terminate the Buyer's access to the Web Interface without any compensation. In this case, the Buyer is further obliged to pay the Seller the full amount of the damage that has been proven to have been caused by the Buyer's actions under this paragraph.

The Seller points out that clicking on certain links on the Web Interface may lead to leaving the Web Interface and to redirection to third-party websites.

10. Arbitration Clause

10.1. Any and all disputes arising out of or in connection with the Contract shall be finally settled, to the exclusion of the jurisdiction of the ordinary courts, by arbitration before the Arbitration Court of the Czech Chamber of Commerce and the Agrarian Chamber of the Czech Republic in Prague in accordance with its Rules online by a single arbitrator appointed by the President of the Arbitration Court of the Czech Chamber of Commerce and the Agrarian Chamber of the Czech Republic.

10.2. Email addresses for online procedure shall be communicated between the Parties when concluding the Contract.

11. Final Provisions

11.1. If the relationship related to the use of the Web Interface or the legal relationship established by the Contract contains an international (foreign) element, then the Parties have agreed that the relationship shall be governed by Czech law. The Parties have also agreed that the application of the UN Convention on Contracts for the International Sale of Goods shall be excluded from their contractual relationship. 

11.2. The Parties have further agreed that any disputes arising out of or in connection with the Contract, where the legal relationship established by the Contract contains an international (foreign) element, shall be settled before the ordinary courts of the Czech Republic under Czech law.

11.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective or unenforceable, the invalid provision shall be replaced by a provision the meaning of which shall be as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the remaining provisions. Amendments and supplements to the Contract or the Terms and Conditions must be made in a written form.

These Terms and Conditions shall be valid and effective from 1 October 2023.