Terms and Conditions

Tauros, s.r.o., ID No.: 21509310, registered office Polichno 36, 763 41 Luhačovice

Section A

Scope of the General Terms and Conditions

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") regulate the mutual rights and obligations between Tauros, s.r.o. and the other party.

1.2 Individual provisions of contracts concluded between Tauros, s.r.o. and the other parties shall prevail over these GTC. By concluding a contract referring to the GTC, all contracting parties consider them to be an integral part of the concluded contract.

Section B

Purchase of goods

2. Conclusion of the contract
2.1 Contracts shall be concluded either on the basis of purchase contracts or binding orders of the Buyer addressed to Tauros, s.r.o. (hereinafter referred to as the "Seller") at the Seller's premises, by telephone, in writing sent by post, email or fax, in electronic form at www.tauros.tech and sent by email, post or fax or verbally with a sales representative.

2.1.1 In the case of a Contract concluded remotely via the E-shop on the web address www.tauros.tech, the following shall apply:

1. By submitting an Order, the Buyer agrees to the General Terms and Conditions.
2. In order to conclude the Contract, the Purchaser must create a draft Order on the E-shop. This proposal must contain the following information:
3. a) Information about the Goods to be purchased (on the E-shop we mark the Goods you are interested in purchasing with the "Add to Cart" button);
4. b) Information about the Price, Shipping Charge, method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order proposal within the user interface of the E-shop, whereby the information about the Price, Shipping Charge and Total Price will be provided automatically based on the Goods selected by the buyer and the method of delivery;
5. c) The Buyer shall provide the identification and contact details used to enable us to deliver the Goods, in particular, name, surname, delivery address, telephone number and email address;
6. The Buyer may change and check the data during the creation of the draft Order until it is created. After checking by pressing the "Order binding payment" button, the Buyer creates the Order. Before pressing the button, the Buyer must confirm that he/she has read and agreed to these Terms and Conditions, otherwise the Order cannot be created. The checkbox is used to confirm and agree. After pressing the "Order binding payment" button, all completed information will be sent to the seller (Tauros s.r.o.).
7. We will confirm the Buyer's order as soon as possible after it is delivered to the Seller (Tauros s.r.o.) by a message sent to the Buyer's e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Confirmation of the Order constitutes the conclusion of the Contract between the Seller (Tauros s.r.o.) and the Buyer. The Terms and Conditions as in force on the date of the Order form an integral part of this Contract.
8. There may be cases where we are unable to confirm an Order to the Buyer. This includes situations where the Goods are not available or where you order more Goods than the Seller allows. We will always provide information about the maximum number of Goods to the Buyer in advance within the E-shop. If there is any reason why the Order cannot be confirmed, the Seller will contact the Buyer and send the Buyer an offer to conclude the Contract in a modified form compared to the Order. In such case, the Contract shall be concluded at the time the Seller's offer is confirmed by the Buyer.
9. In the event that an obviously incorrect Price is stated within the E-shop or in the Order proposal, we as the Seller are not obliged to deliver the Goods at that Price even if the Buyer has received confirmation of the Order and therefore the Contract has been concluded. In such a situation, the Seller (Tauros s.r.o.) will immediately contact the Buyer and send him an offer to conclude a new Contract in an amended form compared to the Order. In such case, the new Contract is concluded at the moment when the Buyer confirms the Seller's offer. In the event that the Buyer does not confirm the Seller's offer even within 3 days of sending it, the Seller shall be entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price of other sellers or a missing or missing digit.
10. In the event that the Contract is concluded, the Buyer is obliged to pay the Total Price.
11. In case the Buyer has set up a User Account, you can make an Order through it. Even in this case, the Buyer is obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a Buyer without a User Account, but the advantage is that there is no need to repeatedly fill in identification data.
12. In some cases, the Seller allows a discount on the purchase of Goods. In order for the discount to be granted, the Buyer must fill in the details of the discount in a predefined field within the Order proposal. If he does so, the Goods will be provided to him at a discount.

2.1.2 USER ACCOUNT

1. Based on your registration within the E-shop, you can access your User Account.
2. When registering your User Account, it is your responsibility to provide all the information you enter correctly and truthfully and to update it if it changes.
3. Access to the User Account is secured by a username and password. It is your responsibility to maintain the confidentiality of these access details and not to disclose them to anyone. In the event that they are misused, we will not be liable for this.
4. The user account is personal and you are therefore not entitled to allow third parties to use it.
5. We may cancel your User Account, in particular if you have not used it for more than two years or if you breach your obligations under the Agreement.
6. The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.

2.2 The Buyer's binding order must contain (applicable to all methods of concluding the purchase contract, including e-shop):

- the Buyer's identification data (name and surname/business name, residence/place of business, birth number/IN number, VAT number if applicable), the address of the place of delivery of the goods and the Buyer's email address,
- the exact specification of the type and quantity of goods ordered,
- the date of delivery of the goods
- the method of delivery of the goods,
- date of ordering

In the absence of the above information, the order may not be accepted by the seller. The parties agree that in the absence of any of the above conditions, the purchase contract shall also be formed only on the basis of the statutory essential elements of the purchase contract.

 

2.3 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order

(acceptance), which is sent by the Seller to the Buyer by electronic mail or other appropriate means.

 

2.4 In the event that the Seller is unable to fulfil the Buyer's binding order in part or in full, the contract is concluded to the extent of the part of the order for which there has been compliance. This applies in particular to situations where the ordered goods are no longer manufactured or delivered or are currently out of stock. In such cases, the Seller shall contact the Buyer in order to agree on the next course of action for the part of the order that has not been matched, usually with the possibility of replacing the goods with similar ones or not delivering them at all.

 

2.5 The Buyer shall be entitled to cancel a binding order only with the consent of the Seller, and only if the ordered goods have not been picked up and loaded onto the Seller's delivery vehicles, or if the ordered goods have been handed over to the carrier or prepared for dispatch if the Buyer has arranged its own transport. Otherwise, the Buyer shall be obliged to reimburse the Seller for all costs incurred in connection with the provision of the performance.

 

3. Rights and obligations of the parties

3.1 The Seller is obliged to deliver the ordered goods properly and on time in accordance with the accepted binding order at the agreed place of performance.

3.2 The Buyer is obliged to take over the ordered goods properly, to confirm the acceptance in writing on the delivery note or other sales document of the Seller and to pay the purchase price for the goods within the due date according to the agreed terms.

 

4. Price

4.1 The purchase price of the goods delivered to the Buyer in accordance with the Contract shall be determined on the basis of the Seller's price lists/prices in force at the time of ordering the goods. It is the Buyer's responsibility to familiarise themselves with the Seller's current price lists/prices available at the Seller's premises or from the Seller's sales representatives.

 

4.2 The purchase price does not include VAT, transport costs or other possible costs. The price for such items shall be determined individually by the Seller or by agreement of the parties.

 

4.3 The Parties agree on the possibility of the Seller changing the price lists and the price of the already concluded purchase contract. In the event of a change in the price lists, the Seller shall notify and submit the changes to the Buyer without undue delay. In the event of the Buyer's disagreement with the new price list and the new price, the Buyer is entitled to terminate the contract within 10 days of receipt of the new price list.

 

5. Payment terms and transfer of ownership and risk of damage to the goods

5.1 The Buyer shall make payment in cash, on delivery or by bank transfer to the Seller's account according to the due date indicated on the sales receipt sent with the goods, possibly by email or post If the method of payment is not agreed between the parties in advance, this method shall be determined by the Seller.

5.2 Payment shall not be deemed to have been made until it has been credited to the Seller's bank account.

5.3 The Buyer acquires ownership of the Goods upon receipt of the Goods and full payment of the Purchase Price.

5.4 The risk of damage to the goods passes to the Buyer at the time when he takes over the goods from the Seller or is enabled to do so by the Seller. If the goods are delivered by a carrier, at the time when the seller hands over the goods to the first carrier.

 

6. Delivery of the goods

6.1 The Seller shall deliver the ordered goods to the Buyer, as a rule, within 120 hours of receipt of a binding order, or as agreed by the parties.

 

6.2 In the event that the ordered goods will not be available, the Seller shall notify the Buyer of this fact and inform the Buyer of the expected delivery date. If the Buyer does not object without undue delay to the communicated estimated delivery date, it shall be deemed to agree to such delivery date.

6.3 The place of delivery of the goods shall be the storage ramp or another location on the Buyer's premises.

6.4 The time of delivery of the Goods to the Buyer shall be deemed to be when the Goods are handed over to the first carrier to transport the Goods for the Buyer or when the Buyer takes possession of the Goods at his premises, the Seller's registered office or business premises or when such possession is made available to him by the Seller.

6.5 In the event that the goods are taken over directly by the Buyer at the Seller's registered office or business premises, the Buyer shall confirm its receipt on the delivery note or sales receipt by signing it by an authorised person and stamping it with the Buyer's stamp. The Buyer is also obliged to confirm any changes to the delivery note.

6.6 In the case of delivery of the goods by carrier, the Buyer shall check the information on the delivery note/shipment note/sales note before confirming receipt of the goods in writing. If these do not correspond to the facts, the original packaging is damaged or otherwise deteriorated, the number of packages does not correspond, the shipment is damaged, etc., the Buyer is obliged to state this fact:

- on the carrier's waybill, or refuse to accept the goods as a whole and sign the waybill together with the driver

or

- on the claim report and sign it together with the buyer's driver

- in the case of an external carrier, to note the discrepancies and defects on the waybill or to draw up a complaint report and sign it together with the driver.

If the Buyer does not comply with Article 6.6 of the GTC, the Seller will not take into account any subsequent apparent defects in the goods.

 

7. Penalties

7.1 If the Buyer is in default of payment of the purchase price or part thereof, the Buyer is obliged to pay the Seller contractual default interest of 0.05% per day on the total amount due from the first day of default until payment.

 

7.2 If the Buyer is in default in payment of its obligations to the Seller for more than 30 days or if a petition for the commencement of insolvency proceedings on the Buyer's property is filed or the Buyer is in liquidation, the Seller shall be entitled to withdraw from the Contract immediately. All claims of the Seller against the Buyer shall become due and payable on the date of withdrawal.

 

7.3 In the event of the Buyer's delay in taking delivery of the goods, the Buyer shall indemnify the Seller for any damage incurred by the Buyer.

 

8. Termination of the purchase contract

8.1 The contractual relationship established by the Purchase Contract may be terminated under the conditions set out below by agreement, termination or withdrawal.

 

8.2 The parties may terminate the contractual relationship established by this contract by giving notice without giving any reason, the notice period being two months and starting on the first calendar day of the month following the month during which the notice was delivered to the other party.

 

8.3 In the event of a material breach of the obligations of the Purchase Contract by the Buyer, the Seller may withdraw from the Contract immediately. The effects of the withdrawal shall take effect on the day following the date of delivery of the notice of withdrawal by the Buyer. For the purposes of the contract, a material breach of the contract shall be understood to mean, in particular, the following on the part of the Buyer:

- if the Buyer is in default of payment of the purchase price for more than 30 days; or
- if the Buyer enters into liquidation or insolvency proceedings are initiated against the Buyer,

 

8.4 The Buyer acknowledges that the Seller is entitled to withdraw from the Contract without prior notice in the event of default in payment of the Purchase Price or in the event of breach of any other obligation set out in the Purchase Contract.

 

Section C

Rental of movable property

9. Establishment of the rental relationship

9.1 The lease relationship is established on the basis of a lease agreement between Tauros, s.r.o. (hereinafter referred to as the "Lessor") and the other party (hereinafter referred to as the "Lessee").

 

9.2 The Lessor shall transfer the subject of the lease to the Lessee for a consideration, the Lessee shall accept the subject of the lease for use and shall undertake to pay the Lessor a consideration for it.

 

9.3 The lessee, who may be a natural or legal person, declares that he/she is fully capable of concluding the lease agreement. A person acting for a tenant who is a legal person declares that he/she is fully capable of concluding a lease agreement on behalf of a legal person. The person acting on behalf of the legal entity tenant is fully aware of his/her responsibility for his/her actions and undertakes to personally fulfil all rights and obligations under the tenancy agreement in the event that he/she proves not to be entitled to conclude the tenancy agreement on behalf of the legal entity tenant.

 

9.4 The risk of damage for the delivered items passes to the lessee on the date of signing the rental agreement and the lessee's acceptance of the rented equipment.

 

10. Damage on taking over the subject of the lease

10.1 Any damage to the subject of the lease must be claimed by the lessee at the latest at the time of taking over the lease and recorded on the handover report on which the lessee confirms its acceptance. Otherwise, the subject of the lease shall be deemed to be free of damage and defects.

 

10.2. In the event that the cost of repair or cleaning by the lessor exceeds the contractual penalty, the lessee undertakes to pay such costs on the basis of an invoice issued by the lessor, no later than 15 days after its delivery.

 

10.3 The Lessor shall be entitled to require the Lessee to pay a security deposit to cover any damage that the Lessor may incur in the future and for which the Lessee is liable. The Lessee undertakes to pay this deposit no later than upon taking over the subject of the lease.

 

11. Rental period

11.1 The Lessor transfers the subject of the lease to the Lessee for the period agreed in the lease agreement, otherwise for an indefinite period.

 

11.2 If the lease is agreed in the lease agreement for a fixed period, it may be extended by a written amendment to the lease agreement.

 

11.3 The lessee is obliged to take over the subject of the lease on the date of signing the lease agreement, otherwise at the lessor's request. The Lessee shall confirm the acceptance of the subject of the lease by signing the handover protocol.

 

12. Conditions of use of the subject of the lease

12.1 The lessee undertakes to pay the costs associated with loading, unloading and transport of the subject of the lease, according to the concluded lease agreement, to the place designated by the lessee, in the event that the lessee refuses to take over the subject of the lease at the predetermined time and place. These costs will be invoiced by the lessor to the lessee, who hereby undertakes to pay the invoice within 15 days of its delivery.

 

12.2 The Lessee shall take care that no damage is caused to the subject of the lease and shall comply with the manufacturer's instructions and the conditions and recommendations set out by the Lessor. The Lessee shall secure the subject of the lease against theft, misuse or damage. Violation of any of these obligations shall be considered a material breach of the rental agreement.

 

12.3 The Lessee may not transfer the use of the subject of the lease to a third party and make changes and modifications to it without the written consent of the Lessor.

 

12.4 The Lessee is obliged to notify the Lessor of any faults or defects that appear on the subject of the lease during the period of use and require repair immediately upon their discovery. If the Lessee fails to comply with this obligation, the Lessee shall be fully liable to the Lessor for any damage caused to the subject of the lease.

 

12.5 The Lessee undertakes to use the subject of the lease exclusively for the purpose for which it is intended, in accordance with the Lessor's instructions communicated to the Lessee by the Lessor at the time of handover, and in accordance with the lease agreement, which also entails the Lessee's obligation to return the subject of the lease to the Lessor in proper condition no later than on the date of termination of the agreed lease.

 

12.6 The Lessee shall also ensure proper maintenance of the subject of the lease at its own expense in accordance with the instructions given by the Lessor and shall train the operators of the subject of the lease, as well as ensure the technical prerequisites for the installation and use of the subject of the lease.

 

12.7 The Lessor may, upon prior notice from the Lessee, visit and inspect the condition and handling of the Leased Item, and the Lessee shall be obliged to allow this.

 

12.8 The Lessee undertakes to return the subject of the lease to the Lessor's registered office no later than on the date of termination of the right to use the subject of the lease.

 

12.9 Letters delivered by the Lessor to the Lessee shall be delivered to the address of the Lessee's business premises. In the event that the lessee fails to collect the document at this address, the document shall be deemed to have been delivered on the fifth day after it was sent.

 

13. Rent

13.1 The rent is determined individually by agreement of the parties in the lease agreement.

13.2 In addition, VAT shall be charged on the rent at the statutory rate.

13.3 Each calendar year of the lease agreed under this contract is considered a partial performance according to Section 21 (10) of the VAT Act, i.e. the transfer of rights occurs repeatedly on the last day of the calendar year in which the lease lasts, or on the last day of the lease if the lease ends earlier than 31 December.

13.4 The Lessee shall be obliged to pay the rent also for the period when it is in delay in taking over or handing over the subject of the lease.

 

14. Penalties

14.1 In the event of the Lessee's default in the payment of the rent, the Lessor is entitled to charge the Lessee contractual interest on late payment at the rate of 0.2% of the amount due for each day of delay, even if commenced.

14.2 In the event of the tenant's delay in returning the subject of the lease no later than the date of termination of the right to use it, the landlord is entitled to charge the tenant a contractual penalty of CZK 3,000 for each day of delay, even if commenced. The lessee also agrees to pay the full amount of damages, including lost profits, incurred by the lessor.

14.3 The application of these penalties is without prejudice to the lessor's right to compensation.

 

15. Termination of the lease agreement

15.1 The contractual relationship established by the lease agreement may be terminated by agreement, termination or withdrawal from the agreement under the conditions set out below.

15.2 The parties may terminate the contractual relationship established by this contract by giving notice without giving any reason, the notice period being one month and starting on the first calendar day of the month following the month during which the notice was delivered to the other party.

15.3 In the event of a material breach of the obligations of the lease agreement by the lessee, the lessor may withdraw from the agreement immediately. The effects of the withdrawal shall commence on the day following delivery of the notice of withdrawal to the Lessee. For the purposes of the contract, a material breach of the contract shall be understood to mean, in particular, the following on the part of the lessee:

- any, even a single, breach of the provisions in Article 5 of this Agreement; or
- if the Lessee is more than 30 days in arrears with the payment of rent; or
- uses the subject of the lease for a purpose other than that specified by the lessor
- damaging the lessor's trademark in a particularly serious manner
- if the lessee enters into liquidation or insolvency proceedings are initiated against the lessee.

15.4 The Lessee acknowledges that in the event of default in payment of rent or in the event of breach of any other obligation set out in the lease agreement, the Lessor is entitled to withdraw from the agreement without prior notice and to remove the subject of the lease immediately or to commission a third party to locate and remove it, with the costs being borne by the Lessee.

15.5 The Lessee undertakes to pay the Lessor all costs associated with loading, unloading and transporting the subject of the lease, according to the concluded lease agreement, to the Lessor's registered office, in the event that the Lessee breaches the obligation arising from Article 5, paragraph 5. These costs shall be invoiced by the Lessor to the Lessee, who hereby undertakes to pay the invoice within 15 days of its receipt.

 

Section D

Final provisions

16.1 Tauros, s.r.o. is entitled to make changes or modifications to these GTC. It shall notify the other party of such changes on the website www.tauros.tech in good time, together with a notification of the effective date of the amended or modified GTC. If the other party does not notify Tauros s.r.o. in writing of its disagreement with the wording of the amended or modified GTC not later than 10 days before the effective date of the amendment or modification of the GTC, such amendment shall be deemed to have been agreed by the other party and shall be effective against it on the effective date of the amendment of the GTC.

 

16.2 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement.

 

16.3 Legal relations between the parties not regulated by these GTC shall be governed by the law of the Czech Republic.

 

16.4 The Seller shall deliver all written correspondence with the Buyers by electronic mail. The Seller's e-mail address is provided on the website www.tauros.tech. The Seller will deliver correspondence to the Buyer's email address specified in the Agreement, in the User Account or through which the Buyer contacts us.

 

16.5 A sample complaint form and a sample withdrawal form are annexed to the Conditions.

 

16.6 These Terms and Conditions shall come into force and effect on 11 August 2024.