Terms and Conditions

General Terms and Conditions (GTC) of ENTO SPHINX s.r.o.

1. 1. Basic Provisions

Definition of the Contracting Parties

These GTC govern the relationship between the Contracting Parties to the Purchase Contract, whereby one party is the ENTO SPHINX s.r.o. Company, Business ID 63220784, Tax ID CZ63220784, with its Registered Office at Hostovická 201, 533 01 Pardubice, incorporated in the Commercial Register held by the Regional Court in Hradec Kralove in Section C, File 8105, as a Seller, and the other party is the Buyer, which may also be the Consumer.

The Buyer is either a Consumer or an Entrepreneur.

The Consumer is a natural person who, in the course of concluding and fulfilling the Purchase Contract, does not deal with the Seller in regard to his or her trade or other business activity nor within the independent exercising of his or her profession.

Any features of the legal relationship between the Seller and the Consumer that are not expressly stipulated in these GTC shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended and in effect, and also by the relevant regulations.

Understood as an Entrepreneur is:

• a person who is registered in the Commercial Register,
• a person who conducts business under a trade licence,
• a person who operates on a basis other than a trade licence, under special regulations

Additional Provisions

The legal relationship between the Seller and the Buyer who is an Entrepreneur that is expressly stipulated, either in these GTC or in the Contract between the Seller and the Buyer, shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and related regulations. In the event of there being any discrepancies between the GTC and the specific Contract, the terms of this Contract shall be binding.

By placing an order the Buyer confirms that s/he has familiarised him/herself with these GTC.

Purchase Contract

Should the Buyer be a Consumer, understood as a proposal to conclude a Purchase Contract is the listing of the goods offered on the Seller’s website, whereby the Purchase Contract is implemented by the purchasing Consumer sending an order and the acceptance of this order by the Seller. The Seller shall immediately confirm the receipt of the Buyer’s order by means of an informational e-mail sent to the specified e-mail address; this confirmation, however, shall have no influence on the Contract formation. The current version of the GTC and the Seller’s Complaints Procedure shall be attached to this confirmation. The resultant Contract (including the agreed price) cannot be altered or cancelled except on the basis of an agreement reached between the Contracting Parties or on legal grounds.

Should the Buyer be an Entrepreneur, understood as a proposal to conclude the Purchase Contract is an order sent by the purchasing Entrepreneur, while the actual Purchase Contract is concluded at the time of the delivery of the Seller’s binding agreement to the purchasing Entrepreneur with this his/her proposal.

Any relationships associated with this Contract and any disputes that may arise based on this Contract shall be resolved exclusively by the applicable laws of the Czech Republic and will be determined by a Court-of-Law in the Czech Republic. This is without prejudice to cases in which the Buyer is a Consumer, who has his/her habitual residence in a country other than the Czech Republic and in which case choice of law or prorogation of the court shall not be accepted.

The Contract shall be concluded in the Czech language. If there is a need on the part of the Buyer for the translation of the text of the Contract, it will nevertheless be applicable that in the event of any dispute concerning the meaning of any term(s), the interpretation of the Contract in the Czech language shall be applicable.

1. Data Security and Protection

The Seller declares that all the Buyer’s personal details shall remain confidential and shall be referred to only in regard to the execution of the Contract and for the purpose of the Seller’s marketing events and otherwise shall not be disclosed to any third party, except in a situation related to the delivery of the goods or to payment transactions related to the goods ordered (i.e. the provision of a name and of a shipping address). The Seller shall proceed in such a manner that the rights of the data subject are not infringed upon, specifically the right of human dignity, and shall also ensure the protection of the data subject against any unauthorised intrusion into his/her private life. Personal data that are provided voluntarily by the Buyer to the Seller for the purpose of executing any orders and for the purpose of the Seller’s marketing events are collected, processed and stored in accordance with the applicable laws of the Czech Republic, specifically Act No. 101/2000 Coll., On the Protection of Personal Data, as amended. The Buyer provides his/her consent to the collecting and processing of his/her personal data for the purpose of the fulfilment of the subject of the Purchase Contract to be concluded and for their utilisation by the Seller for marketing purposes (specifically for sending marketing information, unless the Buyer has provided a written statement denying his/her consent to this data being processed and has sent it by mail to the address ENTO SPHINX s.r.o., Business ID 63220784, Tax ID CZ63220784, with its Registered Office at Hostovická 201, 533 01 Pardubice or has sent by e-mail). The Buyer shall be entitled to access his/her personal data and to correct them via the contact form referred to above, including the right to request the clarification and/or the rectification of an erroneous status and also all the other legal rights associated with these data.

1.  Prices

Dear Customer(s): The prices listed in the catalogue are inclusive of VAT.

No shipping fee will be charged in the event of the additional shipping of previously undelivered goods. Our company reserves the right, if necessary, to split an order into separate shipments.

1. Ordering

The Buyer shall pay for the goods purchased the price valid as of the time of their ordering. Prior to placing an order, the purchasing Consumer has an opportunity to find out the total price, including VAT and any other charges. This total price will be listed on the order and in message confirming the receipt of the order of the goods.

How to place an order:

E-SHOP: https://www.entosphinx.cz (hereinafter referred to as the “e-shop”)
BY E-MAIL: entosphinx@entosphinx.cz 
BY MAIL: ENTO SPHINX s.r.o., Hostovická 201, 533 01 Pardubice 
BY PHONE: +420 466 670 519, +420 602 844 306, +420 723 423 211, +420 603 866 765 
BY SMS: +420 602 844 306, +420 723 423 211, +420 603 866 765

In person, at the Seller’s premises.

The Seller recommends the Buyer to place orders through the e-shop.

Note: When placing an order please specify legibly the catalogue numbers of the goods required, their colour, their quantity and also the delivery address, including the postcode, the telephone number and/or an e-mail address.

1. Payment Terms

The Seller accepts any and all of the following means of payment:

1. advance payment by means of a bank transfer,
2. payment via an Internet bank,
3. payment by MasterCard or a Visa card via an Internet payment portal,
4. cash on delivery (COD) (i.e. the cash payment by the Customer is accepted by the carrier - the Buyer also pays an additional COD fee), 
5. payment of the invoice issued (only in the event that the conditions for issuing the invoice have been met).

Until the receipt of the goods and until payment in full has been made, the goods shall remain the property of the Seller, whereas following the acceptance of the goods any risk of damage to the goods shall be the responsibility of the Buyer.

1. Delivery Terms

Delivery deadlines: Shipments are usually dispatched within 5 working days of the order being received. If due to increased demand the goods are not in stock, the waiting period for dispatch may be extended to two or three weeks.

• Personal Collection of Goods (after previous e-mail or telephone agreement):

At the Company’s headquarters in the Czech Republic, at the address: Hostovická 201, 53301 Pardubice.

• Sending Goods via a Carrier – in the CR:

Goods can be sent to the Buyer by a shipping service or by the Czech Postal service. The carrier usually delivers shipments within 24 hours to any address in the Czech Republic. The shipping cost is governed by the price list currently in effect. The Buyer shall be informed in advance concerning the shipping cost.

• Receipt of Goods

The Buyer, who is an Entrepreneur, is obliged (while to the Buyer who is a Consumer, this procedure is only recommended) to immediately upon the delivery of goods check, together with the carrier, the status of the shipment (i.e. the number of parcels, the intactness of the tape, any possible damage to the box) in accordance with the attached waybill. The Buyer shall be entitled to refuse the shipment, if it is not in conformity with the Purchase Contract, e.g. in the event of the shipment being damaged. Should the Buyer accept this damaged shipment from the carrier, it will be necessary to describe this damage on the carrier’s handover protocol.
Any damage to a shipment must also be reported immediately by e-mail to the address: entosphinx@entosphinx.cz; it is also additionally necessary to compile a damage report with the carrier, which should be sent to the Seller, without undue delay, by fax, e-mail or by mail. Any additional complaint regarding the incompleteness of or any external damage to the shipment shall not deprive the Buyer of his/her right to claim for any damage to the goods; it does, however, provide the Seller with the opportunity to prove that it is not in conflict with the Purchase Contract.

1. Warranty Conditions 

The Warranty Conditions for goods shall be governed by the applicable legislation in effect in the Czech Republic. A proof of purchase document is typically used as a warranty certificate.

1. Final Provisions 

These General Terms and Conditions are valid and effective as of the 21^st January 2013 and replace the previous version of the GTC. The Seller also reserves the right to alter the GTC without providing any prior notice.

In Pardubice on 20.1.2013