Client:
legal person or an individual who purchases or negotiates purchasing of
Products and/or Maintenance Services from Zonio s.r.o., including
consumers.
Zonio s.r.o.:
Zonio s.r.o. as a legal person whose identification data are mentioned in
the Order Confirmation and/or on the invoice.
Order Confirmation:
written acceptance of the Client's Order by Zonio s.r.o.
Price:
total financial amount for Products and/or Maintenance Services paid to
Zonio s.r.o. by the Client.
Products:
goods (including Software) listed in the current documentation and
published by Zonio s.r.o on paper or on its web site, or mentioned in the
Order Confirmation, which the Client purchases or negotiates
purchasing.
Service/Maintenance Services:
maintenance services and support provided by Zonio s.r.o or its
subcontractors in keeping with the Service Package.
Service Package:
offer of alternative Maintenance Services provided by Zonio s.r.o according
to current documentation and published by Zonio s.r.o on paper or on its
web site, or mentioned in the Order Confirmation.
Software:
computer operating systems, middleware, program applications or other
software, provided it is produced, manufactured or licensed by Zonio
s.r.o.
Third Party Products:
products which are not manufactured, assembled or authorized by Zonio
s.r.o. but which Zonio s.r.o sells.
Third Party Software::
computer operating systems, middleware, program applications or other
software provided by a third part as its ublisher or Licensor..
2.1 These Terms and Conditions shall apply to all contracts regarding sale of Products and/or Maintenance Services by Zonio s.r.o to the Client.
2.2 These Terms and Conditions preclude any other terms unless approved in writing by Zonio s.r.o.
2.3 All orders for Products and/or Maintenance Services are considered to be a proposal by the Client for a contract for purchase of Products and/or Maintenance Services in keeping with these Terms and Conditions.
2.4 The contract between Zonio s.r.o. and the Client is deemed to be concluded in keeping with these Terms and Conditions when Zonio s.r.o. accepts the proposal from the Client by issuing the Order Confirmation. The Client shall review the Order Confirmation for accuracy, and if there are errors or inaccuracies, the Client shall without undue delay inform Zonio s.r.o. Otherwise, Zonio s.r.o. shall consider the Order Confirmation final and binding, and shall produce and deliver the Products in accordance therewith.
3.1 Prices quoted by Zonio s.r.o. are valid only in writing and for a maximum period of ten days since they were made unless agreed otherwise .
3.2 Whereas Zonio s.r.o. strives as a rule to continuously improve its Products nd Services, and whereas the Client has the opportunity to buy hird Party Products, Zonio s.r.o. reserves the right to change specifications of the Products and/or Services mentioned in the Order Confirmation. In all cases, Zonio s.r.o. shall guarantee, as a minimum, equal functionality and design of the Product, whereas it shall not make any substantial changes without the Client‘s consent.
4.1 The rice that the Client shall pay is the price mentioned in the Order Confirmation and in the invoice.
4.2 The payment must be made prior to delivery of Products and/or Services, or by a due date agreed in writing between Zonio s.r.o. and the Client (if any). Zonio s.r.o. shall have the right to suspend delivery until payment is made in full.
4.3 If no payment is received by the due date, the Client shall, after receiving a written reminder, pay Zonio s.r.o., in connection with the payment past due, a late payment fee at the rate stipulated by law. In case of late payment, Zonio s.r.o. shall have the right to suspend delivery. In the event Zonio s.r.o. has no other recourse than collect the payment and/or the Product by litigation, the Client shall reimburse Zonio s.r.o. for all costs incurred in connection with such collection.
5.1 The date of delivery mentioned in the Order Confirmation is an approximate date. The place of delivery is the place mentioned in the Order Confirmation.
5.2 If practicable, delivery may be done in installments (for instance, if a Third Party Product has been produced at a different time than a Product by Zonio s.r.o.).
5.3 In the event the Product or its packaging are damaged, defective or missing, such a fact must be noted on the Bill of Delivery prior to it being signed.
6.1 The ownership title to the Product is transferred to the Client upon payment in full of the purchase Price. Prior to the title transfer, Zonio s.r.o. may retrieve the Product already delivered provided the Client is in violation hereof.
6.2 The risk of damage to Product shall be transferred upon the Client or its agent at the time of delivery of the Product.
7.1 Acceptance by the Client who is not the consumer: The Client may refuse to accept the Products solely on the grounds of substantial variance from the contract, by way of a written notification served within 7 days of the delivery of the Product. After the 7-day period has lapsed, the Product is deemed to have been accepted by the Client.
7.2 “Grace Period” for consumers: The right of the consumer to refuse to accept an order or withdraw from the contract is governed by Act no. 40/1964 Coll., the Civil Code, as amended.
7.3 In the event the Client chooses not to accept the license (if any) of the operating system at its start-up, Zonio s.r.o. shall allow only for a return of the Product as a whole against a refund and within a time period stipulated herein.
7.4 Products to be returned must be in a condition that enables their pick-up as may be is reasonably required by Zonio s.r.o.
8.1 Zonio s.r.o. warrants that Products (except for Third Party Products) and Maintenance Services shall be, for the period of 12 months after delivery, without defects. Any defects on the Products, spare parts or Maintenance Services which occur during the warranty period shall be repaired or replaced by Zonio s.r.o. in a reasonable time. Products, including Third Party Products, are subject to applicable legislation regarding consumer protection.
8.2 Zonio s.r.o. shall not guarantee suitability of the Product for specific purpose or that the Product meets certain functionality or performance criteria unless confirmed in writing by Zonio s.r.o.
8.3 Warranty is conditional upon due and proper usage of the Product, and shall not apply to parts of the Product which were altered or repaired without a prior written approval of Zonio s.r.o. The warranty shall not apply to defects which are a result of external conditions, such as accidents, random failure, humidity, voltage stress or other conditions of the external environment. The above notwithstanding, the following is excluded from the warranty coverage: work outside the usual business hours, relocation, preventive maintenance, expendable and auxiliary supplies, repair of Products which are functional at the production standard (for instance, defects of es. Prior to delivery of warranty services, the Client shall remove products which were not supplied by Zonio s.r.o., shall make data back-up copies, and shall arrange for data protection in the Product.
8.4 All repairs by Zonio s.r.o. are done with parts which are new or comparable to new and in keeping with production standards and usual procedures.
8.5 Zonio s.r.o. becomes owner of any Product or a part thereof which is removed and replaced in the course of the repair work. If the Client fails to return such a Product or any part thereof to Zonio s.r.o. upon request, then Zonio s.r.o. has the right to demand payment thereof.
8.6 Zonio s.r.o. shall pass onto the Client any warranty or guarantee provided by the manufacturer or subcontractor which supply Third Party Products to Zonio s.r.o. Zonio s.r.o. shall not provide warranty in connection with Third Party Software, in particular when it is provided by a third party who is a licensee.
8.7 In addition to warranty expressly provided under the present Terms and Conditions, there is not other warranty, expressed or implied, regarding terms, quality, design, salability or life cycle of the Products offered or assumed by Zonio s.r.o. Any such warranty is hereby excluded.
8.8 Nothing in this Article 8 is in prejudice to rights of consumers in connection with claims resulting from defective Products and Services under applicable legal regulations.
9.1 Maintenance Services are provided in keeping with the terms of the Service Package the Client chooses. A complete list of the Service Packages is available at the Zonio’s web site, and the Client has the possibility to become familiar with the same prior to purchase.
9.2 Maintenance Services may be provided over the phone or via Internet if practicable and suitable. Zonio s.r.o. warrants that such procedures will be in line with common servicing standards.
9.3 Zonio s.r.o. shall exert efforts which can be reasonably required to provide Maintenance Services within the time frame mentioned in the Service Package. This time period may, however, differ, in dependence on the distance and accessibility of the location where the Service is to be provided, and on the availability of spare parts.
9.4 Unless provided otherwise in the Service Package, provisions of articles 8.3 and 8.5 shall apply to Maintenance Services provided hereunder. Maintenance Services are not provided in connection with parts that do not substantially influence the functionality of the roduct (such as hinges, doors, external plastic parts, frames, etc.).
9.5 The Client shall offer to Zonio s.r.o. all reasonably required cooperation, information and coordination necessary for the Maintenance Services to be provided. The Client shall be responsible for costs of telephone and mail communication with Zonio s.r.o.
No party hereto shall be liable for failure to deliver due to causes that are independent of its will (Force Majeure). Such circumstances include strikes, terrorist attacks, wars, failures of supply chains, transportation or production, political changes, government or regulatory measures and natural disasters. Each party hereto has the right, in such a case, to deliver within a reasonably extended time frame; in the event the circumstances, however, continue for more than 60 days, then each party may on the basis of a written notice withdraw from the contract without offering the other party any compensation.
Intellectual property rights of Zonio s.r.o. in connection with the
Products continue to be in the ownership of Zonio s.r.o. The Client shall
inform Zonio s.r.o. without delay about any unauthorized use of the
Products or any violations of intellectual property rights in connection
with the Product. Zonio s.r.o. shall not waive the Client‘s liability and
the Client shall be liable for:
1) Third Party Products and Software,
2) unauthorized alteration or use,
3) any claims made in connection with the use of the Product in combination
with other products not supplied by Zonio s.r.o.
The Client shall adhere to the license terms for Software.
Zonios.r.o. shall store and process personal data acquired from the Client in keeping with applicable legislation and Zonio’s rules and principles for handling personal date. Zonio s.r.o. shall have the right to make available such personal information to affiliated companies, Zonio’s agents or subcontractors who render Maintenance Services on behalf of Zonio s.r.o. The Client hereby gives his consent for the Client’s personal data to be processed in the above manner.
Each party hereto shall keep confidential any and all information received from the other party and appearing to be of confidential nature. Each party shall do so in a manner it protects its own confidential information, at a minimum, however, it will provide such protection which corresponds to the nature of such information.
Each party hereto may withdraw from the Contract which is subject to
these Terms and Conditions under Article 2.1. hereto provided the other
party:
(I.) has substantially or repeatedly violated the present Terms and
Conditions and has failed to remedy within 30 days of having received a
written notice to that effect or
(II.) has gone bankrupt (i.e. is over indebted, has multiple creditors or
is unable to pay its liabilities as they fall due over an extended period
of time).
Zonio s.r.o. may withdraw from the Contract in the event the
Client:
(I.) is in arrears with its payments due to Zonio s.r.o. or
(II.) has violated generally binding legal regulations.
The present Terms and Conditions are not in prejudice to legal regulations protecting consumer rights.
The present Terms and Conditions are governed by the laws of the Czech Republic. Both parties hereto agree to be subjected to exclusive jurisdiction of the courts of the Czech Republic. If any of the terms hereunder are deemed unenforceable through courts, the remaining terms remain in full force and effect. All notices hereunder must be made in writing and mailed to an authorized agent of the other party to the address mentioned on the invoice. Parties hereby exclude the application of the Vienna Convention on Contracts for the International Sales of Goods.
In performing hereunder, Zonio s.r.o. shall have the right to use a qualified third party (subcontractor) as well as assign or transfer its rights and liabilities hereunder upon a qualified third party, either in parts or as a whole. The Client may do so only subject to a written consent by Zonio s.r.o.
Batteries, galvanic cells, electric accumulators and electrical equipment contain hazardous materials, and therefore the Waste Act stipulates their separate collection (i.e. they must not be disposed of into trash containers or on trash dumps), recycling or liquidation. By disposing of such products into trash containers or dumps, the Client may cause harm to the environment. Used Products, such as batteries, galvanic cells, electric accumulators and electrical equipment, should be shipped back to Zonio s.r.o. and marked as „Used Products“ to the address of the Company, or such Products may be delivered there in person. The removal of Products in this manner is free of charge. In the event the Client further sells Products, the Client shall inform the end user of the provisions of this Article.
1. Seller offers customer for delivery goods (according to completion certificate) guarantee term 24 months Business Support.
2. Guaranty servis 24 months Business Support is possible to apply only to products, eventually services - instalation, rendered by Zonio s.r.o.
3. Guaranty servis 24 months Business Support means technical assurance in place of defect to 24 hours from report.
4. Servis includes alternate parts costs, time and technicians work, if defect was not caused by applications, changes in setting or configuration or by products of third side.
5. Defect removing in the sense of above cited terms means to reassure functioning all devices which are objects of service conditions.
6. Guarantee applies to defects in production arosed from current product use. Guarantee does not apply to defects arosed in case of elementary event, inevitable accident hit, unautorized person hit, defect's arosed from voluntary waste, unautorized use or breach of operating instructions.
7. Customer acknowledges that all edits in the time of guarantee can be made only by seller or athorized servis.
8. Defects are notified by authorized person to seller on tel +420 731 280 190. Seller commit to advise costumer of change the phone number.
9. Customer assures service technician of conditions for servis (acces technicians to workplace where is technique installed and the like).
10. Payd servis after guarantee term can be practise two years from the end guarantee term. Conditions of this servis will be modified by contract which assures the same conditions as conditions in guarantee term.
1. Seller offers customer for delivery goods (according to completion certificate) guarantee term 24 months Next Business Day.
2. Guaranty servis 24 months Next Business Day is possible to apply only to products, eventually services - instalation, rendered by Zonio s.r.o.
3. Guaranty servis 24 months Next Business Day means technical assurance in place of defect to the end of next business day from report.
4. Servis includes alternate parts costs, time and technicians work, if defect was not caused by applications, changes in setting or configuration or by products of third side.
5. Defect removing in the sense of above cited terms means to reassure functioning all devices which are objects of service conditions.
6. Guarantee applies to defects in production arosed from current product use. Guarantee does not apply to defects arosed in case of elementary event, inevitable accident hit, unautorized person hit, defect's arosed from voluntary waste, unautorized use or breach of operating instructions.
7. Customer acknowledges that all edits in the time of guarantee can be made only by seller or athorized servis.
8. Defects are notified by authorized person to seller on tel +420 731 280 190. Seller commit to advise costumer of change the phone number.
9. Customer assures service technician of conditions for servis (acces technicians to workplace where is technique installed and the like).
10. Payd servis after guarantee term can be practise two years from the end guarantee term. Conditions of this servis will be modified by contract which assures the same conditions as conditions in guarantee term.
