Commercial Terms and Conditions

The company Web Retail s.r.o. with its registered office at Husinecká 903/10, Prague 3, 130 00, Czech Republic, Company Identification No.: 28876431

registered in the commercial registry maintained by the District Court in Prague, Section C, File No.: 150602

for the sale of goods via an online shop located at the internet address

Beamer-Parts.be

Questions related to warranty and claims processing are addressed in our Complaint Procedure.

1. PRELIMINARY PROVISIONS

1.1. These commercial terms and conditions (hereinafter referred to as “Commercial Terms and Conditions”) of the company Web Retail s.r.o. with its registered office at Husinecká 903/10, Prague 3, 130 00, Czech Republic, Company Identification No.: 28876431, registered in the commercial registry maintained by the District Court in Prague, Section C, File No.: 150602 (hereinafter referred to as the “Seller”) govern in compliance with provision of s 1751, para 1, Act No. 89/2012 Coll. of the Czech Civil Code (hereinafter referred to as the “Civil Code”) the mutual rights and responsibilities of the contracting parties arising in relation to, or on the basis of, a purchase agreement (hereinafter referred to as the “Purchase Agreement”) entered into via the Seller’s online shop and which is carried out between the Seller and another natural person (hereinafter referred to as the “Buyer”). The internet shop operated by the Seller is found at the web address Beamer-Parts.be (hereinafter referred to as the “Webpage”), namely the webpage’s interface (hereinafter referred to as the “Shop’s Web Interface”).
1.2 The Commercial Terms and Conditions are not related to cases where an entity who intends to purchase goods from the Seller is a legal entity or an entity who arranges the purchase of goods as part of their business activities or as part of the independent performance of their profession. By stating the Business Identification No. in the billing details when ordering, the Buyer declares that they are making the purchase as part of their business activities.
1.3 It is possible to negotiate derogation clauses from the Commercial Terms and Conditions in the Purchase Agreement. Derogation clauses in the Purchase Agreement take priority over provisions from the Commercial Terms and Conditions.
1.4 Provisions from the Commercial Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Commercial Terms and Conditions are drawn up in English. The Purchase Agreement will be entered into in English.
1.5 The Seller may modify or amend the Commercial Terms and Conditions. This provision shall not affect the rights and obligations established after the period of applicability of the previous version of the Commercial Terms and Conditions.

2. USER ACCOUNT

2.1 On the basis of the Buyer’s registration completed on the Seller’s webpage, the Buyer can access their user interface. The Buyer is able to make orders for goods (hereinafter referred to as the “User Account”) from their user interface. The Buyer can also place orders for goods without registration directly from the Shop’s Web Interface of the Beamer-Parts.be store and one of its language versions.
2.2 While registering and ordering goods, the Buyer is required to provide all details in their true and correct form. The Buyer is required to update any changes to the details provided in their User Account. Details provided by the Buyer in their User Account and while ordering goods are considered as correct by the Seller.
2.3 Access to the User Account is secured by a username and password. The Buyer is required to safeguard secrecy with regards to the information necessary to access their User Account.
2.4 The Buyer is not entitled to allow the use of their User Account by third parties.
2.5 The Seller can terminate the User Account, especially in the case where the Buyer has not used their account for more than a year or in the case where the Buyer is in violation of the responsibilities stemming from the Purchase Agreement (including the Commercial Terms and Conditions).
2.6 The Buyer is aware that the User Account does not have to be continuously available, especially with respect to the Seller’s necessary maintenance of hardware and software or the necessary maintenance of the hardware and software of third parties.

3. ENTERING INTO A PURCHASE AGREEMENT

Any depiction of a good placed on the Shop’s Web Interface is informative in nature, and the Seller is not required to enter into a Purchase Agreement in regards to this good. The provision of s 1732, para 2 of the Civil Code does not apply.
3.2 The Shop’s Web Interface contains information about goods, including the stated prices of individual goods. The prices of goods stated include value-added tax (VAT) and all other related charges. The prices of goods remain in effect through the period when they are displayed on the Shop’s Web Interface. This provision is not a limited possibility for the Seller to enter into a Purchase Agreement under individually negotiated terms and conditions.
3.3 The Shop’s Web Interface also contains information about costs related to the packaging and delivery of goods. Information about costs related to packaging and delivery of goods stated on the Shop’s Web Interface only apply to cases where the goods are delivered within the European continent.
3.4 The Buyer will fill out an order form on the Shop’s Web Interface for the purpose of ordering goods. The order form specifically contains information about:
- 3.4.1 the ordered goods (the Buyer “places” the ordered goods into an electronic shopping cart on the shop’s webpage);
- 3.4.2 the method of payment of the purchase price of the goods, details about the requested delivery method of the ordered goods;
- 3.4.3 and information about the costs related to the delivery of goods (hereinafter referred to as the “Order”)..
3.5 Before the shipping of goods by the Seller, it is possible for the Buyer to check and change the details which the Buyer confirmed in the Order, namely with regard to the possibility of the Buyer to detect and correct mistakes that arose while entering in details for the Order. The Buyer sends off the Order to the Seller by clicking the button “SEND ORDER”. The details provided in the Order are considered correct by the Seller. Immediately upon receipt of the Order, the Seller will confirm this receipt by electronic mail (email) to the email address the Buyer provided in their User Account or in the Order (hereinafter referred to as the “Buyer’s Email”).
3.6 Depending on the nature of the Order (quantity of goods, higher purchase price, presumed transport costs) the Seller is always entitled to request from the Buyer additional confirmation of the Order (e.g., in writing or by telephone).
3.7 The contractual relationship between the Seller and Buyer is established by the delivery of the acceptance of the Order from the Seller’s side, which is manually sent by the Seller to the Buyer in the form of an email to the Buyer’s Email after the Seller checks and confirms the Order. A message confirming the receipt of the Order, which is automatically sent as an email at the moment the Order is sent by the customer, is not considered acceptance of the Order. Should the Order not be accepted, an agreement is entered into from the time when the Buyer accepts the ordered goods.
3.8 In case an obvious technical error occurs on the Seller’s side when stating the price of the goods on the Shop’s Web Interface or during the ordering process, the Seller is not required to deliver to the Buyer the goods at the obviously incorrect price and not even in the case when the Buyer was sent an acceptance of order confirmation in accordance with these Commercial Terms and Conditions. In this case, the Seller reserves the right to withdraw from the agreement.
3.9 If the listed price for goods on the Shop’s Web Interface is no longer accurate during the ordering process, the Seller will inform the Buyer of the fact without undue delay. Should the Buyer’s order remain unaccepted to this point, the Seller is not required to enter into the agreement.
3.10 The Buyer agrees to use long-distance communication while entering into the agreement. The costs arising for the Buyer while using this long-distance communication in relation to entering into the Purchase Agreement (costs for internet connection, costs for telephone calls) will be covered by the Buyer themselves, where these costs do not differ from the standard rate.

4. THE PRICE OF GOODS AND PAYMENT TERMS

4.1 The Buyer can pay the Seller the price of the goods and relevant costs related to the delivery of the goods in accordance with the Purchase Agreement by the following methods:
- bank transfer to the Seller’s bank account: IBAN: DE18850503003100400886 SWIFT: OSDDDE81PIR, bank: Ostsächsische Sparkasse Dresden, Germany
- via cashless payment system PayPal;
- or by debit card.
4.2 Along with the purchase price, the Buyer is also required to pay the Seller for costs related to packaging and delivering the goods and at the agreed upon amount. If otherwise not explicitly stated, the costs related to delivering the goods are understood to be in addition to the purchase price.
4.3 The Seller will not usually request a deposit or other similar payment from the Buyer. For high-value Orders, the Seller reserves the right to request a deposit. This shall not affect the provision of art 4.6 of the Commercial Terms and Conditions concerning the obligation to pay in advance the purchase price for the goods.
4.4 In case of cash payment or cash on delivery (COD), the purchase price is due when accepting the goods. In case of cashless payment, the purchase price is due within 14 days from entering into the Purchase Agreement.
4.5 In case of cashless payment, the Buyer is required to pay the purchase price of the goods while simultaneously providing the variable symbol for the payment. In case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled the moment the relevant amount is credited to the Seller’s bank account.
4.6 The Seller is entitled, especially in the case where there will be no additional order confirmation from the Buyer’s side (art 3.6), to request payment of the full purchase price before the goods are dispatched to the Buyer. The provision of s 2119, para 1 of the Civil Code will not apply.
4.7 Any applicable discounts to the price of the goods provided by the Seller to the Buyer cannot be combined.
4.8 If it is typical in a commercial relationship or if it is so stipulated by ordinarily binding legislation, the Seller will draw up a receipt of tax deductible expenditure – i.e., an invoice – for the Buyer with regards to payments performed on the basis of the Purchase Agreement. The Seller is the VAT payer. The receipt of tax deductible expenditure – i.e., the invoice – is drawn up by the Seller for the Buyer following payment for the price of the goods and the invoice is sent in electronic form to the Buyer’s Email or in printed form together with the shipment of the goods.
4.9 The Buyer is aware that following the drawing up of the receipt of tax deductible expenditure – i.e., the invoice – changes are no longer possible to the details provided for this purpose.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1 The Buyer is aware that according to the provision of s 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the supply of goods, which was modified according to the wishes of the Buyer or their person; from a purchase agreement for the supply of goods, which are prone to fast spoilage as well as goods which were irretrievably mixed with other goods after delivery; from a purchase agreement for the supply of goods in sealed packaging, which the consumer has removed from the packaging and which for hygienic reasons cannot be returned; and from a purchase agreement for the supply of audio-visual recordings or computer programs if the original packaging is opened.
5.2 If the matter does not concern cases stated in art 5.1 or other cases where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right in accordance with the provision of s 1829, para 1 of the Civil Code to withdraw from the Purchase Agreement within fourteen days from acceptance of the goods, and at the same time in case the subject of the Purchase Agreement is several types of goods, or delivery in several parts, the period starts from acceptance of delivery of the final item. Withdrawal from the Purchase Agreement must be sent to the Seller during the period stated in the preceding sentence. The Buyer may send the withdrawal from the Purchase Agreement to the address of the store of the Seller: Web Retail s.r.o., Politických vězňů 1597/19, Prague 1, 110 00, Czech Republic or to the Seller’s email address: info@beamer-parts.be inter alia. In order to withdraw from the Purchase Agreement the consumer may use this sample form (MS Word | PDF).
5.3 In case of withdrawal from the Purchase Agreement as stipulated in art 5.2 of the Commercial Terms and Conditions, the Purchase Agreement is made null and void. The goods must be returned to the Seller within fourteen days from withdrawal from the agreement with the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, especially in the case where the goods cannot be returned because of their very nature by the usual postal route.
5.4 In case of withdrawal from the Purchase Agreement in accordance with art 5.2 of the Commercial Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen days from withdrawal from the Purchase Agreement by the Buyer, namely in the same way the Seller accepted payment from the Buyer. Likewise, the Seller is entitled to return the payment provided to the Buyer during the return of goods by the Buyer or in a different way providing the Buyer agrees with this and the Buyer does not incur any additional costs. If the Buyer withdraws from the Purchase Agreement, the Seller is not required to return the accepted funds to the Buyer earlier than when the Buyer returns the goods or has proven the goods have been sent back to the Seller.
5.5 The Seller is entitled to unilaterally file damage claims caused to the goods, which may refute the Buyer’s claims and accordingly deduct damages from the return of the Purchase Price.
5.6 The Seller reserves the right to withdraw from the Purchase Agreement in the following cases:
- a technical error on the Shop’s Web Interface stated an obviously incorrect price for the goods (point 3.8 of these Commercial Terms and Conditions);
- it is not possible for objective reasons (primarily that the goods are no longer produced, the supplier stopped supplying to the CR etc.) to deliver the goods under the original terms and conditions;
- execution becomes objectively impossible (i.e., Goods are no longer available) or illegal.
5.7 In case any of the realities relating to art 5.6 arise, the Seller will inform the Buyer without undue delay about their withdrawal from the Purchase Agreement. The withdrawal is effective in relation to the Buyer at the moment when it is delivered to them. If the Buyer has already paid the full or partial Purchase Price, the Seller will return the accepted amount to them in the same way as the Buyer accepted it from the Seller or in cashless form to a bank account determined by the Buyer. The Seller will return the money within 14 days of withdrawing from the Purchase Agreement.
5.8 If a gift is provided to the Buyer along with the goods, the gift agreement between the Seller and the Buyer is entered into with the subsequent condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement is no longer valid and the Buyer is required to return the gift along with the goods to the Seller.
5.9 The right to withdraw from the Purchase Agreement is not related to cases stated in art 1.2.
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6. TRANSPORTATION AND DELIVERY OF GOODS

6.1 In case the Buyer requests an alternative means of delivery, the Buyer bears the risk and applicable additional costs associated with this means of delivery.
6.2 If the Seller is required by the Purchase Agreement to supply the goods to a place determined by the Buyer in the Order, the Buyer is required to be present to accept the goods at the time of delivery.
6.3 The delivery period stated on the Shop’s Web Interface commences with acceptance of payment, whereas COD and invoices with a due date are exempt from this.
6.4 In case the goods cannot be delivered by the pre-arranged means, the Seller is entitled to use a different shipping company for the purpose of delivery or to extend the delivery period to a later time than indicated in the Order. In this case the delivery terms and conditions can be changed, especially for non-compliance with delivery times or higher postage. The Seller will immediately inform the Buyer of this matter and agree with them on the new delivery terms and conditions (i.e., increased delivery costs or changes in the shipping company, and extended delivery period). In case the Buyer does not agree with the new delivery terms and conditions, they are entitled to withdraw from the Purchase Agreement. In this case, the Seller will return the funds to the Buyer’s bank account, the details of which the Buyer provided for this purpose, or return them in the same way as the Seller accepted them from the Buyer, within fourteen (14) days from withdrawal from the Purchase Agreement by the Buyer.
6.5 In case it is necessary on the Buyer’s side to send the goods repeatedly or in a way otherwise stated in the Order, the Buyer is required to cover the costs associated with the repeated delivery of goods or costs associated with the different means of delivery.
6.6 When accepting the goods from the shipping contractor, the Buyer is required to check that the packaging has not been tampered with or opened in any way. In case of any defects with the packaging, the Buyer is required to immediately inform the shipper. If they should find any evidence of package tampering which indicates an unauthorized opening of the shipment, the Buyer is not required to accept the package from the shipping contractor.
6.7 Goods outside the territory of the EU are delivered according to the delivery terms and conditions DAP – with delivery at a destination (Incoterms 2010). The Seller bears the risk to the designated destination. The Seller is responsible for declaring the goods that are being exported. The Buyer is responsible for declaring the goods which are being imported. If the Buyer refuses to carry out import customs clearance of the goods, the Buyer bears the costs incurred from the goods being returned to the Seller by the given delivery company.
6.8 Additional rights and responsibilities of the parties during transportation of the goods may alter the specific delivery terms and conditions of the Seller, if they are issued by the Seller.

7. RIGHTS TO WARRANTY CLAIMS

7.1 The rights and responsibilities of the contracting parties with regards to the rights to warranty claims complies with the relevant binding legislation (especially the provisions of ss 1914-1925 inclusive, ss 2099-2117 inclusive and ss 2161-2174 inclusive of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection as amended).
7.2 It is the Seller’s responsibility to the Buyer to ensure that the goods at the time of acceptance are free of defects. At the same time, it is the Seller’s responsibility to the Buyer to ensure that at the time when the Buyer accepted the goods:
- 7.2.1 the goods are that which the parties agreed upon and in absence of an agreement are still the same goods that the Seller or manufacturer described or that the Buyer expected with regards to the type of goods advertised;
- 7.2.2 the goods suit the purpose for which the Seller stated their use or for which goods of this type are usually used;
- 7.2.3 the goods correspond in terms of quality or performance with the agreed upon sample or model, providing the quality or performance were determined according to the agreed sample or model;
- 7.2.4 the goods have the appropriate quantity, proportions or weight;
- 7.2.5 and the goods conform to the legal requirements.
7.3 The provisions stated in art 7.2 of the Commercial Terms and Conditions do not apply to defective goods sold at a lower price for which the lower price was agreed to, for goods worn from normal use or for used defective goods that correspond to the degree of use or wear which the goods had when accepted by the Buyer or which stem from the nature of the goods.
7.4 If a defect appears within six months from the moment of acceptance, it is understood that the goods were defective at the time of acceptance. The Buyer is entitled to make a warranty claim for defects which arose during the 24-month period from the moment of acceptance. Light bulbs for projectors are consumer goods with limited lifespans, which is 2,000 hours (3 months), if not otherwise explicitly stated. Depletion of the lifespan of a good is considered as wear of the goods through ordinary use. For more see the complaint procedure.
7.5 The Buyer directs a warranty claim to the Buyer’s store address: Web Retail s.r.o., Politických vězňů 1597/19, Praha 1, 110 00, Czech Republic, where the claim will be processed as it is the location of the head office or, in other words, it is the place of business. A warranty claim is officially filed when the Seller receives the claimed goods from the Buyer.
7.6 Additional rights and responsibilities of the parties related to the responsibilities of the Seller for defects are governed by the complaint procedure.

8. FURTHER RIGHTS AND RESPONSIBILITIES OF THE CONTRACTING PARTIES

8.1 The Buyer acquires ownership of the goods by paying the full Purchase Price of the goods.
8.2 The Seller is not bound by any codes of behaviour in a relationship to the Buyer within the provision of s1826, para 1(e) of the Civil Code.
8.3 The Seller ensures the handling of consumer complaints via the email address: info@beamer-parts.be. The Seller will send information regarding the handling of the Buyer’s complaint to the Buyer’s Email.
8.4 In order to resolve out-of-court consumer disputes arising from the Purchase Agreement, the Buyer can use the platform for resolving disputes found online at the internet address: http://ec.europa.eu/consumers/odr. It is possible to make use of the platform while settling disputes between the Seller and the Buyer which have arisen from the Purchase Agreement.
8.5 The European Consumer Centre of the Czech Republic (Evropské spotřebitelské centrum Česká republika) with its registered headquarters at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to the European Parliament and Council Decree (EU) No. 524/2013 from 21 May 2013 on the Settling of Consumer Disputes Online and on Changes of the Decree (ES) No. 2006/2004 and directive 2009/22/ES (Decree on Settling Consumer Disputes Online).
8.6 The Buyer hereby accepts the risks of changing circumstances in accordance with s 1765, para 2 of the Civil Code.

9. RESPONSIBILITY AND DISSEMINATION OF CONTENT

9.1 Please note that the textual information regarding goods and services on the Shop’s Web Interface is taken from a third party (the manufacturers and distributors of the goods) and it may contain factual or technical inaccuracies. It may also change at any time without prior warning.
9.2 Thus, we do not abrogate the responsibility to also properly inform the consumer about the qualities of products and services for sale.
9.3 The copyright holder of product photos is the website operator. Photographic images cannot be taken or distributed without their written consent.

10. ELECTRONIC EVIDENCE OF RECEIPTS

10.1. According to the law on the registration of sales, the Seller shall issue a receipt to the Buyer. The Seller is also obliged to register the revenue received with the Tax Office online and, in case of technical failure, the revenue needs to be registered within 48 hours. According to current Czech legislation, we are required to include the following sentence in Czech on the receipt: “Podle zákona o evidenci tržeb je prodávající povinen vystavit kupujícímu účtenku. Zároveň je povinen zaevidovat přijatou tržbu u správce daně online; v případě technického výpadku pak nejpozději do 48 hodin”.
10.2. By submitting an Order, the Buyer agrees to the electronic issue and transfer of receipts. Upon receipt of payment, the receipt is sent via email to the registered email address of the Buyer. At the request of the Buyer, the receipt may be issued in paper form and sent to or personally handed over to the Buyer.

11. DELIVERY

11.1. Deliveries may be made to the Buyer’s email address.

12. CLOSING PROVISIONS

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the Parties agree that the relationship shall be governed by Czech law. This shall not affect the rights of the customer arising from generally binding legal regulations.
12.2. If any of the provisions of the Commercial Terms are invalid or ineffective or become invalid or ineffective, such invalid provisions shall be replaced by provisions whose purpose is as similar as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of other provisions.
12.3. This Purchase Agreement, including the Commercial Terms, is archived by the Seller in electronic form and is not accessible.
12.4. Contact information of the Seller: delivery address – Web Retail s.r.o., Politických vězňů 1597/19, Prague 1, 110 00, Czech Republic; email address – info@beamer-parts.be; telephone – +32 (2) 3420460.