MAHLE Air filter LX2611+LXS7228 for Cummins

1. Introductory provisions

1.1 - These Business Terms and Conditions (hereinafter referred to as the "Business Terms") of the trading company ACRO GROUP, s.r.o, registered office of František Diviš 1275 / 1a, Prague, 104 00, Identification Number: 26420694, registered in the Commercial Register maintained by the Municipal Court in Prague, insert 80860 (hereinafter referred to as the "seller") govern the mutual rights and obligations of the parties arising out of or in connection with the purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the seller and another natural or legal person ("Buyer" seller's business. The e-shop is operated by the seller at *********** via the web interface.

1.2 - Business Terms also govern the rights and obligations of the parties to use the Seller's Website located at ***********  (the "Website") and other related legal relationships. If the buyer purchases goods in connection with his / her business activity, the provisions of Article 10 of these Business Terms and Conditions shall apply to the regulation of this relationship, which is a special provision to the general provisions of these Terms and Conditions. The buyer who, although having an assigned identification number but does not purchase a merchandise at the seller in connection with his business (ie, orders the goods for or in connection with his business), expressly undertakes not to disclose within the order. If the buyer submits his / her identification number under his / her order, the buyer purchases the goods with the seller in connection with his / her business activity. The position of other buyers does not affect the provisions of the 10th of these trades.

1.3 - A provision derogating from the terms of business can be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.

1.4 - Terms of Business Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.

1.5 - Seller may change or add the terms of business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2. Closing the Purchase Agreement

2.1 - The web interface of the store includes a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the goods offered are listed including VAT. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms. All offers for the sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.

2.2 - The store's web interface also includes information on the costs associated with packing and delivery of goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.

2.3 - In order to order the goods, the buyer will fill out the order form in the web interface of the store. The order form contains, in particular, information about:

ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store), the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and information on the costs of delivering the goods.

2.4 - Before sending the order to the seller, it is possible for the buyer to check and modify the data entered by the buyer in the order, also in view of the buyer's ability to detect and correct errors resulting from entering the data into the order. The order is sent by the buyer to the seller by clicking the "Submit order" button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the seller will acknowledge receipt of the receipt to the buyer by e-mail, to the e-mail address of the buyer specified in the order (hereinafter referred to as the "buyer's electronic address").

2.5 - Seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone), depending on the nature of the order (quantity of goods, purchase price, estimated transportation costs).

2.6 - The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer by e-mail to the buyer's e-mail address.

2.7 - Buyer acknowledges that the seller is not obliged to enter into a sales contract, especially with persons who have previously substantially violated the sales contract (including business terms).

2.8 - Buyer agrees to use remotely communication means when concluding a purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.

3. Price of goods and payment terms

3.1 - The Purchaser may pay the Purchaser to the Seller in the following ways: - the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement;

● in cash at the seller's office at 0, - CZK;

●cash in cash at the place specified by the buyer in the order;

●cashless transfer to the account of the seller No. 185345549/0300, maintained in Czech crowns with ČSOB as (hereinafter referred to as the "Seller Account") or No. 21100332490/2010, kept at FIO Banka as;

3.2 - In addition to the purchase price, the buyer is also obliged to pay the seller the costs associated with the packing and delivery of the goods. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.

3.3 - In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of the purchase agreement.

3.4 - In the case of a non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with a variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

3.5 - The Seller is entitled, in particular, if the buyer does not receive an additional order confirmation, request the payment of the full purchase price before the goods are dispatched to the buyer.

3.6 - Any discounts on the price of the goods provided by the seller to the buyer can not be combined.

3.7 - In the ordinary course of business, or as provided for by generally binding legal regulations, the seller shall issue a tax invoice to the buyer in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.

3.8 - The prices listed at ************* in EUR (€) are for orientation only and may vary according to the current rate.、

4. Withdrawal from the Purchase Agreement

 4.1 - The Buyer acknowledges that, according to the provisions of Section 53 (8) of Act No. 40/1964 Coll., The Civil Code, as amended (the "Civil Code"), it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods as well as goods subject to rapid perish, wear or obsolescence, the purchase contract for the supply of audio and video recordings and computer programs if the consumer has infringed their original packaging and the purchase contract for the delivery of newspapers, periodicals and magazines .

4.2 - In the case of the case referred to in Article 4.1 or in another case where the purchase contract can not be withdrawn, the Purchaser shall, in accordance with the provisions of Section 53 (7) of the Civil Code, withdraw from the Purchase Contract, up to 14 ) days after receipt of the goods. Withdrawal from the sales contract must be delivered to the Seller verifiably within 14 (four) days of receipt of the goods, to the address of the seller's office or to the email address of the seller ACRO GROUP, sro, František Diviš 1275 / 1a, Praha 10 - Uhříněves, 104 00, CZ.

4.3 - In the event of withdrawal under Article 4.2 of the Business Terms, the Purchase Agreement is abolished from the outset. The goods must be returned to the seller within 3 business days of dispatch of the withdrawal to the seller. In the event that the buyer breaches the obligation under the previous sentence, the seller is entitled to a contractual fine of CZK 100 (in words: one Czech crowns) for each day of delay, up to a maximum of the purchase price of these goods. This provision is without prejudice to the right to compensation for any damage caused by a breach of a duty which is subject to a contractual penalty, even if the damage exceeds the contractual penalty. Goods must be returned to the seller undamaged and unused and, if possible, in the original packaging.

4.4 - Within ten (10) days of returning the goods to Buyer in accordance with Article 4.3 of the Terms and Conditions, the seller is entitled to review the returned goods, especially for the purpose of determining whether the returned goods are damaged, worn or partially consumed.

4.5 - In the event of cancellation under Article 4.2 of the Business Terms and Conditions, the Seller shall return the purchase price (excluding the costs of delivering the goods) to the Purchaser no later than thirty (30) days after the withdrawal from the Purchase Contract "by bank transfer to the buyer's account. The seller is also entitled to return the purchase price in cash when the goods are returned to the buyer.

4.6 - Buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to the buyer's claim for damages to him. The seller is entitled to indemnify one party against the buyer's claim for repayment of the purchase price. Likewise, the contractual penalty under Article 4.3 of the Business Terms and Conditions is the seller's right to offset unilaterally against the buyer's claim for repayment of the purchase price.

5. Carriage and delivery of goods

5.1 - The method of delivery of the goods is determined by the seller, unless stipulated otherwise in the sales contract. If the mode of transport is agreed upon by the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

5.2 - If the seller is obliged to deliver the goods in the place specified by the buyer in the order in the order, the buyer is obliged to take over the goods upon delivery. If the buyer does not accept the goods when delivered, the seller is entitled to claim a storage fee of CZK 200 (in words: two hundred Czech crowns) and is also entitled to withdraw from the purchase contract.

5.3 - If, for reasons of buyer's need, the goods are to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.

5.4 - When the goods are taken over from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods complies with all terms and conditions, and any later complaint about the shipment may not be taken into account.

5.5 - Other rights and obligations of the parties in the carriage of goods govern the delivery terms of the seller.

6. Liability for defects and warranty

6.1 - The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq. Of the Civil Code).

6.2 - The seller is liable to the buyer for the fact that the item sold is in conformity with the purchase contract, in particular that it is defective. Conformity to a sales contract means that the item being sold has the quality and utility properties required by the contract, the seller, the manufacturer or his agent described or the expected advertising, or the quality and utility of the kind of thing that is customary to comply with the requirements of the law , is in the appropriate quantity, degree or weight and corresponds to the purpose which the seller states for the use of the item or for which the thing is usually used.

6.3 - If the Buyer is not in compliance with the Purchase Agreement ("Contract with the Purchase Agreement"), the buyer has the right to bring the item free of charge and without undue delay to the condition corresponding to the Purchase Agreement, namely as required by the buyer either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may require a reasonable discount on the price of the item or withdraw from the contract. This is not the case if the buyer knew, prior to taking over the item, the breach of the purchase contract or caused the contradiction with the purchase contract. A conflict with a sales contract that occurs within six (6) months from the date of receipt of the item shall be deemed to be a conflict existing at the time of its acceptance unless it is inconsistent with the nature of the thing or unless otherwise proven.

6.4 - If the goods are not damaged or used, then the seller is responsible for defects that will appear as a conflict with the purchase agreement after taking over the item during the warranty period (warranty).

6.5 - Buyer's rights arising from seller's liability for defects, including seller's warranty, are claimed by the buyer at the seller's address at its premises. The warranty period is displayed for merchandise and applies only to purchases that are not related to the buyer's business or non-business.

7. Other rights and obligations of the parties

7.1 - Buyer acquires ownership of the goods by paying the full purchase price of the goods.

7.2 - Buyer acknowledges that software and other components that make up the web interface of the store (including photos of the offered goods) are copyrighted. Buyer undertakes not to engage in any activity that may allow him / her or third parties to tamper with or improperly use the software or other components that constitute the web interface of the store.

7.3 - Buyers are not permitted to use mechanisms, software, or other procedures that could negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store may only be used to the extent that it is not at the expense of the rights of the other customers of the seller and is in accordance with its intended purpose.

7.4 - The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 53a (1) of the Civil Code.

7.5 - Buyer acknowledges that Seller shall not be liable for errors resulting from the interference of third parties to the website or arising from use of the Web site in ways not intended.

8. Privacy and Sending Business Messages

8.1 - The protection of the personal data of the purchaser who is a natural person is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.

8.2 - The Buyer agrees to process these personal data: name and surname, address, identification number, e-mail address and telephone number. (collectively referred to as "personal data").

8.3 - The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of sending information and business communications to the Seller.

8.4 - The Buyer acknowledges that he is obliged to state his / her personal data (when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller of any change in his / her personal data without undue delay.

8.5 - The Seller may authorize the third party to process the buyer's personal data as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.

8.6 - Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.8.7 - The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data. The Purchaser declares that he has been advised that the consent to the processing of personal data may be revoked by the Seller in writing to the Seller's address.

8.7 - The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data. The Purchaser declares that he has been advised that the consent to the processing of personal data may be revoked by the Seller in writing to the Seller's address.

8.8 - Should the buyer believe that the seller or processor (Article 9.5) carries out the processing of his or her personal data which is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if personal data are inaccurate having regard to the purpose of their processing, may:

● ask the seller or processor for an explanation,

●require the seller or processor to remove the resulting condition. In particular, it may be blocking, repairing, supplementing or disposing of personal data. If the buyer's request under the preceding sentence is found to be justified, the seller or processor shall immediately remove the defective condition. If the seller or processor fails to comply with the request, the buyer has the right to contact the Data Protection Authority directly. This provision is without prejudice to the purchaser's right to contact the Office for Personal Data Protection directly.

8.9 - If the buyer requests information on the processing of his or her personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous sentence to request reasonable compensation not exceeding the costs necessary to provide the information.

8.10 - Buyer agrees to send information related to the seller's goods, services or business to the buyer's electronic address and agrees to send the Seller's sales notes to the buyer's electronic address.

9. Delivery

9.1 Unless otherwise agreed, all correspondence relating to the Purchase Agreement shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The buyer is delivered to the e-mail address given in the order.

9.2 Message received:

● in the case of delivery by e-mail, when it is received at the incoming mail server; the integrity of messages sent by e-mail can be secured by a certificate,

● in the case of delivery in person or through a postal service operator by taking over the consignment by the addressee,

● in the case of delivery in person or through the postal service operator, also by refusing to accept the consignment, if the addressee (or the person authorized to take over the consignment) refuses to take over the consignment,

● in the case of delivery through the postal service provider within ten (10) days from the deposit of the consignment and the giving of the request to the addressee to take over the stored consignment, if the postal item is deposited with the postal operator, even if the addressee did not know the deposit.

10. Special provisions for entrepreneurs

10.1 - If the Buyer purchases goods in the context of his business, the following Business Terms and Conditions shall not apply: Withdrawal from the Purchase Agreement - Articles 4.1 to 4.6 and Liability for Defects and Guarantees Articles 6.1 to 6.5. Instead of these provisions, due to the commercial nature of the relationship of regulation mentioned below in Articles 10.2 to 10.5,

10.2 - In the event of an agreement between the buyer and the seller on the cancellation of the purchase contract and the mutual return of the provided service, the Buyer is obliged to return the goods within 3 working days of the conclusion of such agreement. Goods must be returned to the seller undamaged and unused and, if possible, in the original packaging. Within ten (10) days of returning the goods to the buyer, the seller is entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed. Seller will return the purchase price to the buyer (excluding the costs incurred for the delivery of the goods) within 15 days of reviewing returned goods. The seller is also entitled to return the purchase price in cash when the goods are returned to the buyer.

10.3 - Buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to the buyer's claim for damages to the buyer. The seller is entitled to indemnify one party against the buyer's claim for repayment of the purchase price.

10.4 - The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by the provisions of Section 422 et seq. commercial Code.