Terms and Conditions
Linden Electro s.r.o. provide the Goods and Services in accordance with these terms and conditions.
Whereby it is agreed as follows:
In these Terms and Conditions, the following definitions has these meanings:
Business Day – means any day (other than a Saturday, Sunday).
Contract – means a contract between Linden Electro s.r.o. and the Customer for the purchase and sale of the Goods and supply of the Services under these Terms and Conditions;
Customer – means the person, firm, company or other party who accepts a quotation or offer of Linden Electro s.r.o. for the sale of the Goods and supply of the Services, or whose order for the Goods and Services is accepted by Linden Electro s.r.o.;
Factory New Goods – means the goods that are supplied in the manufacturer’s factory sealed original packaging.
Non-Factory New Goods – means the goods that are used to refer to all other Goods.
Goods – means Factory New goods and Non-Factory New Goods (or any parts of them) set out or referred to in the relevant Order or the Order Confirmation
Order – means the Customer's order for the Goods.
Order Confirmation – means the confirmation of order issued by Linden Electro s.r.o.
Services – means service provided to the Customer as set out in the Quotation.
2. Introductory provisions
- 2.1. These Terms and Conditions of Linden Electro s.r.o. define and specify the fundamental rights and obligations of the contracting parties when concluding a contract for the sale of goods or other contracts hereunder (together hereinafter referred to as "The Contract").
- 2.2. Provisions derogating from the terms and conditions may be negotiated in the contract. Derogated contractual arrangements take precedence over the terms of the General Terms. The seller may change or add the wording of the General Terms. The rights and obligations of the parties are always governed by the wording of the General Terms and Conditions in which they came into effect. The rights and obligations of the parties are also governed by the Complaints Procedure.
- 2.3. The Contract and Terms and Conditions are in the English language. The contract may be concluded in another language, if the parties expressly agree. These Terms and Conditions apply to buyers who are entrepreneurs and legal entities. Consumers are not subject to these General Terms.
- 2.4. Buyer confirms that he has become acquainted with these Terms and Conditions by confirming the order in his/her account on Linden Electro s.r.o. website or by sending an order confirmation by email to Linden Electro s.r.o. Sales department.
- 2.5. Any quotation given by Linden Electro s.r.o. shall not constitute an offer.
3. Order and conclusion of the contract
- 3.1. For the conclusion of the contract, the buyer must confirm the order by sending an order to contact email of Linden Electro s.r.o. and to accept this order by the seller.
- 3.2. After receiving the request, the seller will send the buyer a quote. Prices are quoted free of charge and freight and without the applicable rate of value added tax. These costs go to the buyer. In the case of the seller, the buyer will pay them based on the invoice issued by the seller together with the invoice for the goods.
- 3.4. The buyer will make a binding order by confirming the order by sending an email, specifying the goods that he or she orders, or enclosing documents that specify the properties of the ordered goods. Buyer is bound by this order for 14 days.
- 3.5. The seller is not obliged to confirm the binding order received. An order that has not been confirmed is non-binding for the seller. The seller is entitled to verify the order in case of doubt about the authenticity and seriousness of the order. An unscheduled order may be rejected by the seller.
- 3.6. The contract is concluded when the buyer receives a binding order from the seller. If the confirmation has not taken place, the contract is concluded when the buyer is paid the entire purchase price or is issued an invoice by the seller and sent to the buyer.
- 3.7. The seller has the right, even after the conclusion of the contract, to change some of the characteristics of the goods (design, used material, etc.), but not those explicitly agreed by the buyer or those that would substantially alter the character of the goods.
- 3.8. In the case of a regular delivery order accepted by the seller, the buyer is not entitled to change the specification of the ordered goods over time, unless otherwise agreed between the parties.
- 3.9. If the buyer cancels the order after the contract has been concluded, the seller is entitled to a cancellation fee of 30% of the order price.
- 3.10. The order of the goods may be subject to the minimum quantity of the order. This amount of the order is communicated to the buyer after the seller has sent the request.
- 3.11. If there is an obvious technical error on the part of the seller when the price is stated during the ordering, the seller is not obliged to deliver the goods to the buyer at such a manifestly erroneous price even if the buyer has been sent an order in accordance with these terms and conditions.
- 3.12. Seller alerts the buyer if the price of the goods during the order is no longer up to date. If the buyer does not agree with the price increase, the seller reserves the right to withdraw from the purchase contract.
- 3.13. Buyers may cancel orders not yet confirmed by the Seller by email at the seller's contact email address. All orders accepted by the seller are binding. Later cancellation of the order is possible only after agreement with the seller.
4. Payment options
- 4.1. There are various payment options to make purchase as easy & convenient as possible.
- 4.2. Payments are acceptable in most major currencies as USD and EURO.
- 4.3. Purchase price payment options for goods are communicated to the buyer during the ordering process. These are the following ways:
Bank/Wire Transfer: To pay for your purchase using Bank/Wire Transfer is the simplest and the most secured process. Sender must proceed full amount as shown on our Proforma Invoice. Normally this transfer condition calls “OUR” at e-baking systems. If the amount doesn´t correspond with Proforma Invoice, then Linden Electro s.r.o. reserves the right to request additional payment to cover difference.
TransferWise / PayPal: We can also accept payment via TransferWise / PayPal, please contact our sales team or your personal Sales Manager for more details.
5. Payment Terms
- 5.1. T/T payment in advance - It's the simplest and easiest payment method to use. T/T payment in advance means online bank wire transfer. It takes 2-3 days for us to receive the wire transfer made from anywhere in the world.
- 5.2. Open Account - For this service please contact our Billing Department – firstname.lastname@example.org
- 5.3. Letter of Credit - For this service please contact our Billing Department – email@example.com
- 5.4. For pre-payment, the price is payable within 10 business days of receipt of the order, unless the seller has set a different maturity date. Upon payment after the delivery of the goods, the price is payable within 10 days of receipt of the goods by the buyer, unless otherwise stated on the invoice. The buyer's obligation to pay the price of the goods is fulfilled when the relevant amount is credited to the seller's account.
- 5.5. In the event of non-observance of the due date under these Terms and Conditions, the Buyer may be charged with default interest of 2 % of the due amount for each day of delay. Seller's claim for damages incurred by the buyer's delay is not affected.
- 5.6. In the event of buyer defaulting to pay the price of the goods, the Seller is also entitled to suspend further agreed deliveries of the goods up to the moment of payment of all repayable obligations of the Buyer.
- 6.7. The buyer is not entitled to offset any claim against the price for the goods to be paid to the seller.
6. Delivery terms
- 6.1. The seller's obligation to deliver the goods is fulfilled by handing the goods to the first carrier or by sending a message to the buyer that the goods are ready to be picked up with the seller, whichever comes first, unless otherwise agreed between the parties. At this point, there is a risk of damage to the buyer.
- 6.2. The seller is obliged to deliver the goods to the buyer in the agreed manner, duly packed with the necessary documents. The necessary documents are usage instructions, certificates, delivery notes and other documents necessary for taking over and using the goods. Unless otherwise agreed, the documents are provided in the English language.
- 6.3. Goods that are in stock, the seller usually dispatches within 3 business days of receipt of the payment. Goods adjusted according to the buyer's wish or out of stock, the seller shall dispatch as soon as possible. At the exact date the buyer is informed in advance. The date of delivery of the goods to the buyer is binding between the parties only if its liability is negotiated. The seller is not responsible for the delay in the delivery of the goods in circumstances that could not be affected. It will notify the buyer of the delay of delivery of the goods in an appropriate manner.
- 6.4. The ways and costs of delivering the goods are communicated to the buyer during the ordering process. The specific way of delivery of the goods is chosen by the buyer in the order and confirmed by the seller upon receipt of the order. If the buyer does not choose to make a shipping order, the seller determines it.
- 6.5. The seller can arrange for the buyer the transportation of goods and insure the goods during transportation. Both the transport and insurance prices are paid by the buyer according to the applicable tariff.
- 6.6. The buyer is obliged to check the integrity of the goods packaging before taking over and to notify the carrier without delay of any defects. A protocol must be written about defects. If the defect protocol is not written, the buyer loses the claims arising from the damaged packaging of the goods.
- 6.7. The buyer is obliged to check the goods immediately after the goods are taken over, they are obliged to check the quantity of goods and their completeness. In the event of a finding of non-compliance, he shall notify the seller without undue delay, but no later than within 3 business days of receipt of the goods. The buyer is obliged to document the identified defects and send the documentation to the seller together with the notification of the defect.
- 6.8. If the buyer does not accept the goods and withdraws from the sales contract in accordance with these Terms and Conditions, the seller is entitled to reimbursement of the costs associated with the delivery of the goods and their storage, based on actual costs and other costs to the seller due to non-acceptance the purchaser shall have the right to withdraw the goods from the buyer's contract.
7. Withdrawal from the contract
- 7.1. The seller is entitled to withdraw from the purchase agreement at any time until the buyer has received the goods. In that case, the seller returns the buyer a purchase price that has already been paid to the buyer by cash on account notified to the buyer for this purpose or the account from which the funds have been redeemed to pay the purchase price.
- 7.2. The seller is also entitled to withdraw from the contract if the buyer is in delay with the payment of the purchase price of the goods for more than 4 weeks.
- 7.3. The buyer is entitled to withdraw from the contract if the seller is in delay with the delivery of the goods for more than 4 weeks from the agreed delivery date.
- 7.4. Buyer is not entitled to withdraw from the contract for goods that have been delivered properly, timely and without defects.
- 7.5. Withdrawal from the contract must be made in writing and, in the case of contracts negotiated electronically, also by electronic means. Withdrawal from the contract is effective upon delivery of the notice of withdrawal to the other party.
8. Force majeure
- 8.1. Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event.
- 8.2. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, a latent defect in a component or product not revealed by any testing prior to manufacture or delivery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of Linden Electro s.r.o. or subcontractors of Linden Electro s.r.o.
- 9.1. The conditions for claiming defective performance and warranty liability are governed by the Seller's Complaints Procedure.
- 9.2. Generally, Linden Electro s.r.o. provide full 12 months warranty in accordance with these corporate terms of warranty.
- 9.2.1. Hardware: Seller warrants that new hardware Products furnished hereunder will be free from defects in material, workmanship and design for a period of one (1) year from the date of invoice from Seller or its appointed distributor, according to the circumstances. Repaired or replacement Products provided as a result of this warranty subparagraph are similarly warranted for a period of six (6) months from the date of shipment to Buyer or the remainder of the original warranty term for that particular Product, whichever is longer.
- 9.2.2. Software and Firmware: Unless otherwise provided in a Seller or third-party license, Seller warrants that standard software or firmware Products furnished hereunder, when used with Seller-specified hardware, will perform in accordance with published specifications prepared, approved, and issued by Seller for a period of one (1) year from the date of invoice from Seller or its appointed distributor, according to the circumstances. Seller makes no representation or warranty, express or implied, that the operation of the software or firmware Products will be uninterrupted or error free, or that the functions contained therein will meet or satisfy Buyer's intended use or requirements.
- 9.2.3. Non-Warranty Factory Remanufacture, Repair and Field Exchange: Seller warrants that non-warranty factory remanufactured or field exchanged hardware Products or repaired hardware Product components will be free from defects in material and workmanship for a period of one (1) year from the date of invoice from Seller or its appointed distributor, according to the circumstances. Repaired or replacement Products provided as a result of this warranty subparagraph are warranted for a period of thirty (30) days from the date of shipment to Buyer or the remainder of the original warranty term, whichever is longer.
10. Return Policy
- 10.1. All items supplied by Linden Electro s.r.o. are carefully packed before shipping. If we receive no communication from the Customer, within 10 business days after delivery, regarding any problems with the items, the Customer is deemed to have received the items in full working order and with no problems.
- 10.2. We will only allow the return of an item in the following cases:
- 10.2.1. Defect when received: Generally, we offer a full 12 Months warranty. However, the return process must be in accordance with Warranty policy. Please see our warranty page for full terms and conditions. Otherwise feel free to contact our Costumer care assistants – firstname.lastname@example.org
- 10.2.2. Damaged in transit: If items are damaged in transit this should be reported to us within 10 business days, so we can provide you with a replacement unit. If there is no availability for a replacement, the price of the items, as paid, will be refunded through the payment method used when the items were purchased. Carriage costs will also be refunded if the damage was due to our packing and/or our carrier. The Customer should not return any damaged items until they are instructed to do so by our Costumer care assistants as they may be subject to inspection from the courier company. Otherwise feel free to contact our Costumer care assistants – email@example.com
- 10.2.3. Incorrect item: If you receive items which do not match those from Proforma Invoice and/or Order Confirmation, Packing List or Invoice you should contact us within 10 business days to arrange collection and return. Carriage costs will also be refunded.
11. Protection of business secrets and seller's business policy
11.1. When negotiating a contract and performing it, information that is classified as confidential or whose confidentiality is due to its nature may be communicated to the buyer. The buyer undertakes to:
keep it confidential;
not to deliver it without the consent of the seller to another person;
not to use them for any purpose other than the performance of the contract;
not to use any other damaging way.
- 11.2. In addition, the buyer undertakes not to make copies of the documents submitted by the buyer without the seller's consent.
12. Final Provisions
- 12.1. The Buyer, agreeing with these Terms and Conditions, undertakes to dispose of expired goods in accordance with the waste management legislation and to fulfill these obligations with respect to their customers.
- 12.2. If any provision in the Terms is invalid or ineffective or unenforceable, or instead of invalid clauses, a provision will be put in place to the point where the invalid clause is as close as possible. The invalidity or ineffectiveness or inapplicability of one provision is without prejudice to the validity of the other provisions. Changes and additions to the contract or Terms and Conditions require a written form.
- 12.3. The seller is authorized to sell the goods based on a trade license and the activity of the seller is not subject to any other authorization.
These Terms and Conditions are valid and effective from January 1, 2020.