Terms and Conditions

Terms and Conditions

of Packung s.r.o.

with its registered office at Horní Věstonice, Jabloňová 225, Postcode 691 81

Identification number: 02278235

for the sale of goods through the on-line shop located at the Internet address www.box48.cz.

 

  1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions (hereinafter referred to as 'Terms and Conditions') of Packung s.r.o., with registered office at Horní Věstonice, Jabloňová 225, Postcode 691 81, Identification Number: 02278235, (hereinafter referred to as 'Seller') regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the 'Civil Code'), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the 'Purchase Contract') concluded between the Seller and another person (hereinafter referred to as the 'Buyer') through the Seller's online store.

1.2 The online shop is operated by the Seller on the website located at www.box48.cz (hereinafter referred to as the 'Website'), through the interface of the Website (hereinafter referred to as the 'Shop Web Interface').

1.3 Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5 The Seller reserves the right to amend or supplement these Terms and Conditions. Any changes will be notified to registered buyers via their user account.

 

  1. USER ACCOUNT

2.1 The Buyer has the possibility to set up a user account on the web interface of the shop. Upon registration by the Buyer on the Website and approval by the Website Administrator, the Buyer may access their user interface. From his user interface, the Buyer can place orders for goods (hereinafter referred to as 'user account').

2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

2.4 The Buyer is not entitled to allow third parties to use his user account.

2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 12 months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.

 

  1. CONCLUSION OF THE PURCHASE CONTRACT

3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732 (2) of the Civil Code shall not apply.

3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3 The Buyer shall fill in the dimensions of the requested goods, the number of pieces and provide any additional remarks. The buyer puts the requested goods in the basket. The Buyer shall also fill in the method of payment for the goods, the method of delivery and, if applicable, the address of the delivery point.

3.3.1 The dimensions entered are always theinternal dimensions of the boxes in the folded state of the box.

3.3.2. Technical specification of the continuous board from which the products are made:

3VVL - B wool, thickness 3mm, board composition: 120g/m² Kraftliner, 120g/m² Wellenstoff, 140g/m² Testliner
5VVL - BE wool, thickness 4mm, board composition: 120g/m² Kraftliner, 120g/m² Wellenstoff, 100g/m² Schrenz, 120g/m² Wellenstoff, 120g/m² Testliner

3.4. The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.5 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:

3.5.1. the goods ordered (the goods ordered are 'inserted' by the buyer into the electronic shopping cart),

3.5.2. the method of payment of the purchase price of the goods, details of the desired method of delivery of the ordered goods and

3.5.3. the costs associated with the delivery of the goods

(hereinafter collectively referred to as the 'Order').

3.6 Before the Seller sends the Order, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order. By completing all the required data and the final confirmation of the order by the Buyer, the order becomes binding. This order constitutes an offer to enter into a contract. The information provided in the order is deemed correct by the Seller.

3.7 The conclusion of the Purchase Contract between the Seller and the Buyer is effected by delivery of the order acceptance, which is sent to the Buyer by e-mail, to the Buyer's e-mail address indicated in the user account (hereinafter referred to as the 'Buyer's e-mail address'). The confirmation of the order is the conclusion of the Purchase Contract.

3.8 The Seller is entitled to refuse the order, even without giving any reason. The Buyer will be informed of the rejection of the order within 5 working days.

3.9 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by phone).

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

 

  1. PRICE OF GOODS AND PAYMENT TERMS

4.1 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:

4.1.1. in cash at the Seller's business premises at Horní Věstonice, Jabloňová 225, postcode 691 81;

4.1.2. in cash on delivery;

4.1.3. by wire transfer to the Seller's account indicated on the relevant tax document (hereinafter referred to as the 'Seller's account') - also referred to as 'Payment on Invoice - Classic';

4.1.4. cashless via a payment system.

4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the 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.

4.3 In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. The Buyer acknowledges that when choosing to pay by one of the online payment methods, payment in advance is required, i.e. the dispatch of the ordered goods to the Buyer will take place only after the full purchase price for the ordered goods has been paid to the Seller's account; if this is not paid within 7 calendar days from the date of conclusion of the contract, the contract will be terminated.

4.4 In 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. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

4.5 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

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

4.7 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address. In case of payment 'Payment on invoice - classic', the tax document is sent within 3 working days after the goods are shipped.

4.8 In the case of payment 'Cash', the Seller is obliged to issue a receipt to the Buyer in accordance with the Sales Records Act. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.

 

  1. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE BUYER - CONSUMER

5.1 This article of the Terms and Conditions applies only to cases where the buyer is a consumer within the meaning of Section 419 of the Civil Code.

5.2 Except as provided below, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code. This period shall run from the date of receipt of the goods. The withdrawal from the purchase contract must be notified to the seller within the period specified in the preceding sentence. The Buyer may send the withdrawal from the Purchase Contract to the address of the Seller's registered office or business premises or to the Seller's e-mail address info@box48.cz.

5.3 The Buyer acknowledges that, according to Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from if the goods are delivered which have been modified according to the consumer's wishes, specific requirements or for the consumer's person.

5.4 In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.

5.5 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him.

5.6 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

5.7 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.

5.8 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

 

  1. TRANSPORT AND DELIVERY OF THE GOODS

6.1 The web interface of the Shop contains information on the costs associated with the packaging and delivery of the Goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface applies only in cases where the goods are delivered within the Czech Republic. If the goods are delivered abroad, the cost of shipping the ordered goods abroad will be determined according to the currently valid price list of the cooperating carriers.

6.2 The Buyer expressly acknowledges that, with the exception of personal collection, the individual delivery methods are charged in accordance with the price list of the relevant delivery service provider, which price is not included in the price of the goods and the Buyer is obliged to pay this price.

6.3 In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.

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

6.5 Goods purchased under the Purchase Agreement will be delivered to the first door based on the delivery address completed via the web interface. Any agreements above this standard do not form part of Packung Ltd's terms and conditions.

6.6 On receipt of the goods from the carrier, the buyer shall check the integrity of the packaging of the goods and notify the carrier immediately in the event of any defects. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

 

  1. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

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

7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:

7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of the advertising carried out by them (in the case of purchase of a custom-made box, it is a standard quality of cardboard production, so it is not an advertising box with printing),

7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

7.2.4. the goods are in the appropriate quantity, measure or weight

7.2.5. the goods comply with the requirements of the legislation.

7.3 The customized box is made of continuous cardboard, which includes so-called bigs or bends in the place of storage of the continuous cardboard (1143 mm each). Due to the manufacturing process, the Seller expressly points out that it cannot be determined in advance whether the Buyer will receive the goods with or without bigas and, if applicable, in what number. A note to this effect is included in every order, which the customer confirms and agrees to before each order is shipped. The presence of so-called bigs on the box is not a reason for accepting a claim.

7.3.1 Based on the production technology used, the cardboard may be compressed by cutting (occurrence only on one side of the cardboard). The presence of such compression on the box is not a ground for acceptance of the claim.

7.3.2 Micro-tearing is a natural characteristic of the paper used for the manufacture of continuous board. The presence of such a micro-tear on the box is not grounds for acceptance of a claim.

7.3.3 Tearing of the cardboard by incorrect (reverse) folding is a defect caused by improper handling of the product. For information on correct folding, see https://www.box48.cz/poradna/#protrzeni-ohybu-papiru, and for an example of the exact folding procedure for specific box types, see https://www.youtube.com/playlist?list=PLOJCM-tsgTQ5fZjy4GAUf0K6RMA8mdzl3. The presence of a cardboard tear due to incorrect folding of the box is not a reason for accepting a claim.

7.3.4 In the case of the F422 gusset box https://www.box48.cz/krabice-odnoska-f422/, the inner and outer dimensions of the box grip hole may differ. Differences in the dimensions of the inner and outer box grip holes are not grounds for a claim.

7.3.5 For the F201 https://www.box48.cz/klopova-krabice-f201-univerzalni/ box, due to the longer assembly time, the production time is 7 working days and therefore 48 hours does not apply. This different assembly time for the F201 https://www.box48.cz/klopova-krabice-f201-univerzalni/ box is not a reason for accepting a claim.

7.3.6 Edge rupture (tearing) of the paper is a natural reaction of the paper used for the production of the endless board when folded. The presence of such a tear on the box is not grounds for acceptance of a claim.

7.3.7 Customized carton manufacturing has dimensional tolerances. The general definition of this tolerance is then the largest permissible (limit) value of the deviations considered - the permissible dimensional inaccuracy. In the case of the technology used for the production of customized boxes BOX48.cz, it is a dimensional tolerance for the internal dimension of 3-20 mm given by the machine manufacturer and also based on the type and quality of the processed source corrugated board. The presence of such a dimensional deviation in the internal dimension of the box within the tolerance of 3-20 mm is not a reason for accepting a claim.

7.4 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, or if this results from the nature of the goods.

 

  1. COMPLAINTS PROCEDURE

8.1 The time limit for exercising rights under defective performance begins on the date of receipt of the goods by the purchaser.

8.2 The time limit for exercising rights under defective performance is 24 months if the buyer is a consumer. For a business buyer, the time limit for exercising the right of defective performance is 12 months.

8.3 Inspection on acceptance:

8.3.1 The Buyer is obliged to check the goods for completeness and undamaged packaging upon receipt.

8.3.2 Upon receipt from the carrier, the Buyer shall properly and carefully inspect the condition of the shipment.

8.3.3 The Buyer shall further check the completeness of the goods on the day of receipt, in particular that the packaging contains everything that was ordered.

8.4 The Buyer may make a claim at the Seller's shop or at the Seller's registered office.

8.5 The Seller shall issue the Buyer with a written confirmation of when the claim was made, what was its content, what method of handling the claim is required.

8.6 The warranty does not cover the following cases:

8.6.1. mechanical damage to the goods

8.6.2. use of the goods in conditions that do not correspond to the temperature, humidity or chemical influences of the environment

8.6.3. damage caused by excessive loading

8.7 The Seller's liability for defects does not extend to wear and tear caused by normal use, in the case of goods sold at a lower price for the defect for which the lower price was agreed.

8.8 Handling of claims where the buyer is a consumer:

8.8.1. the Seller shall settle the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date on which the complaint is delivered to the Seller and at the same time the claimed goods are handed over to the Seller for assessment of the existence of the defect. The deadline of 30 days may be extended after the claim has been submitted by agreement with the consumer.

8.8.2 If the complaint is not settled within the time limit, the defect shall be deemed to have actually existed and the consumer shall have the same rights as if it were a defect that cannot be remedied.

8.9 Handling of the complaint in the case where the buyer is a business:

8.9.1. The Seller undertakes to consider and settle the complaint within a reasonable period of time, but no later than 30 days from the date on which the Seller receives the complaint and at the same time the goods complained of are handed over to the Seller for assessment of the existence of a defect. The deadline of 30 days may be extended after the claim has been made in the event of force majeure; the Seller shall inform the Buyer of such fact.

8.9.2.

8.10. After the claim has been settled, the Seller shall issue the Buyer with a written confirmation of the date and manner of settlement of the claim, or the reasons for rejecting the claim.

8.11. The Buyer shall be entitled to reimbursement of the costs reasonably incurred in connection with a legitimate claim. These costs are understood to be the least necessary.In particular, the postage costs for sending the claim. These costs may not include car travel for the claim and express shipping and other similar costs. Reimbursement of costs must be requested without undue delay, but at the latest within 1 month of the end of the period for exercising the rights of defective performance. Further claims in respect of costs incurred shall be disregarded.

8.12. In the event that the claim is not found to be justified and, where applicable, also in the event that the Buyer returns the goods as a result of an invalid withdrawal, the Buyer is obliged to take delivery of the goods at the Seller's registered office within 7 working days of being requested to do so by the Seller. If the goods are not taken over within the agreed period, the Buyer shall bear all costs incurred by the Seller in connection with the storage of the goods. If the goods are not taken over even within 14 days after the buyer has been expressly requested to do so by the seller, the seller is entitled to sell the goods in accordance with Section 2126 of the Civil Code. If the item cannot be sold within a reasonable period of time, the seller is entitled to destroy it, to which the buyer expressly agrees.

8.13 DAMAGES OF SHIPMENT IN TRANSFER WITH TOPTRANS EU, a.s.

In order to file a claim with this carrier, the following must be observed:
  • If, upon delivery, the consignment shows obvious damage, the recipient is obliged to ensure that this fact is recorded on delivery in the driver's mobile terminal, specifying the damage. By registering and confirming the order in the order administration of the BOX48.cz system, the ordering party gives the recipient the power of attorney to record the damage in the driver's mobile terminal, specifying the damage. Apparent damage is also considered to be incomplete shipment. If the shipment shows hidden damage, the Principal is obliged to report this fact within three working days from the day on which the shipment was delivered, excluding Sundays and recognised holidays. In order to make a claim, the consignee must therefore notify the principal of the damage immediately upon discovery of the damage. If he fails to do so, the claim cannot be accepted.
  1. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

9.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.

9.2 By submitting the order, the Buyer confirms that, in accordance with Sections 1810 et seq. of the Civil Code, he/she has received from the Seller the clear and comprehensible information required by law prior to the conclusion of the contract.

9.3 Before making a purchase, the Buyer has the opportunity to fully familiarize himself with the offered products, their characteristics and recommendations for their use on the web interface.

 

  1. CONSUMER DISPUTE RESOLUTION

10.1 Consumer complaints are handled by the Seller via the electronic address info@box48.cz. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.

10.2 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

10.3 The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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 (Regulation on online dispute resolution for consumer disputes).

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

 

  1. PROTECTION OF PERSONAL DATA

11.1. 13 of the Regulation 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 and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the 'GDPR') relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiation of the Purchase Contract and for the purposes of the performance of the Seller's public law obligations, the Seller fulfils this obligation through a separate document available here: https://www.box48.cz/podminky-protection-of-personal-agencies-and-gdpr/ and https://www.box48.cz/formular-odstoupeni/formular-pro-odstoupeni-od-kupni-smlouvy.pdf

 

  1. FINAL PROVISIONS

12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of 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).

12.2 If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

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

12.4 In situations not expressly covered by the Purchase Contract or these Terms and Conditions, the relevant provisions of law, in particular Act No. 89/2012 Coll., Civil Code, as amended, shall apply.

12.5 The sample form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.

12.6 The Buyer has been duly acquainted with these Terms and Conditions of the Seller and agrees to them, which it has expressly confirmed in the order.

12.7 Contact details of the Seller: delivery address Horní Věstonice, Jabloňová 225, Postcode 691 81, e-mail address info@box48.cz, telephone +420 721 082 050.

12.8 These terms and conditions are valid and effective from 1 March 2020.

 

In Horní Věstonice on 1.1.2021

Packung s.r.o.

We handle the complete packaging management. Contact us and we will be happy to advise you.

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