The company Paleto s.r.o., ID number: 17938635, with registered office at Hradecká 1172/3, Slezské Předměstí, 500 03 Hradec Králové, registered in the commercial register kept at the regional court in Hradec Králové, section C 50607 (hereinafter referred to as "The seller").

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "Terms and conditions") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code") mutual rights and obligations when concluding a purchase contract (hereinafter referred to as "Purchase contract”) between persons who have registered on the platform accessible from the website www.paleto.eu (hereinafter "Platform"), which is operated by the Operator who organizes online auctions within the Platform (hereinafter referred to as "Auction").

1.2. The contractual party to the Purchase Agreement is the user of the Platform, on whose behalf the Operator offered used movable property for purchase as part of the Auction organized by the Operator (hereinafter referred to as "Goods" and "The seller") and another user of the Platform who became the winner of the bid in the Auction (hereinafter referred to as "Proposal"), the subject of which is the Goods (hereinafter referred to as "Buyer"And"Winner").

1.3. Provisions deviating from the Terms and Conditions can only be negotiated in writing. Such deviating provisions are part of the Purchase Agreement and take precedence over the provisions of these Terms and Conditions. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement from the moment of its conclusion. By placing a bid within the Platform for a specific Offer, the Platform user agrees to these Terms and Conditions.

1.4. The terms and conditions apply both to cases where the user of the Platform is a natural person who, when concluding the Purchase Agreement, acts outside the scope of his business activity or the scope of the independent exercise of his profession (hereinafter referred to as "Consumer"), as well as for cases where the user of the Platform is a person who, when concluding a Purchase Agreement, acts as part of his business activity or as part of his independent professional performance (hereinafter referred to as "Businessman").

1.5. These Terms and Conditions and all legal relationships resulting from them, including the Purchase Agreement, are governed by the law of the Czech Republic.

2. CONCLUSION OF THE PURCHASE AGREEMENT, PAYMENT OF THE PURCHASE PRICE

2.1. The purchase contract is concluded between the Seller and the Buyer at the moment when the Buyer becomes the Winner of the Offer according to the first sentence of paragraph 3.6. of the terms and conditions governing the rights and obligations between the Operator and the Buyer (i.e. at the time of expiry of the duration of the Offer within the Auction). The validity of the Purchase Agreement begins at the moment of its conclusion. The Purchase Agreement becomes effective upon payment of the Purchase Price in full, provided that the Purchase Price is paid within the period specified below.

2.2. The Buyer is informed in writing by the Seller about winning the Bid within the Auction (hereinafter referred to as "Notification"), to the Buyer's e-mail specified in the Buyer's user account within the Platform. The notification will also contain information about the Subject of the Purchase Agreement, the amount of the Purchase Price, any Costs and the deadline for payment of the Purchase Price and any Costs.

2.3. The subject of the Purchase Agreement is the Goods that were the subject of the Bid won by the Buyer (Winner) within the Auction (in these Terms and Conditions only "Subject of the Purchase Agreement").

2.4. The purchase price for the Subject of the Purchase Agreement is set as the last purchase price for the Goods that the Buyer proposed for the Goods offered in the Offer as part of the Auction (in these Terms and Conditions only "Purchase price"). The purchase price is stated without VAT and will be charged VAT at the legal rate.

2.5. The Buyer is obliged to pay the purchase price without cash, by transfer to the bank account of the Seller specified in the Notice, within the period specified in 7 (seven) days from the date of delivery of the Notice, unless another period is specified in the Notice. Along with the Purchase Price, the Buyer is also obliged to pay any costs associated with the packaging and delivery of the Subject of the Purchase Agreement specified in the Notice (in these Terms and Conditions only "Costs"), if it is not stated within the Platform at the time when the Buyer became the Winner of the Offer that the Costs are borne by the Seller.

2.6. The Purchase Price, including any Costs, is paid at the time of crediting an amount equal to the Purchase Price and any Costs to the Seller's bank account specified in the Notice. Without undue delay, after payment of the Purchase Price and any Costs, the Seller shall confirm in writing to the Buyer that the Purchase Price, including any Costs, has been paid in accordance with the Purchase Agreement.

2.7. If the Buyer does not pay the Purchase Price, including any Costs, within a period of 7 (seven) days from the date of delivery of the Notice (or if a different period is specified in the Notice, then within the period specified in the Notice), the Purchase Agreement will not become effective and the Purchase Agreement will be canceled from the beginning.

3. TRANSPORTATION AND DELIVERY OF THE SUBJECT OF THE PURCHASE AGREEMENT

3.1. The goods will be handed over to the Buyer within 15 (fifteen) days from the date of payment of the Purchase Price, unless otherwise stated in the Notice.

3.2. The method of transportation and delivery of the Subject of the Purchase Agreement is chosen by the Seller. If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

3.3. The Seller is obliged to deliver the Subject of the Purchase Agreement to the Buyer's delivery address specified in the Buyer's user account within the Platform (unless the Seller and the Buyer agree in writing on a different delivery address) and the Buyer is obliged to take over the Subject of the Purchase Agreement upon delivery. In the event that, for reasons on the part of the Buyer, the Subject of the Purchase Agreement must be delivered repeatedly or in a different manner than was agreed upon in writing, the Buyer is obliged to pay the costs associated with the repeated delivery of the Subject of the Purchase Agreement, or costs associated with another delivery method.

3.4. If the Seller is to send the goods, he will hand over the Subject of the Purchase Agreement to the Buyer, who is an Entrepreneur, by handing it over to the first carrier for transport for the Buyer and enable the Buyer to exercise the rights from the transport contract against the carrier. The Seller shall hand over the Subject of the Purchase Agreement to the Buyer, who is a Consumer, only as soon as the goods have been handed over to the Consumer by the carrier.

3.5. If the Seller is in delay in delivering the Subject of the Purchase Agreement, the Buyer-Consumer may withdraw from the Purchase Agreement if the Seller does not fulfill his obligation even within the additional reasonable period provided by the Buyer-Consumer. The Buyer-Consumer may withdraw from the Purchase Agreement without an additional period only if the Seller has refused to perform or performance within the specified time is necessary with regard to the circumstances of the conclusion of the Purchase Agreement, or the Buyer-Consumer has informed the Seller prior to the conclusion of the Purchase Agreement that delivery in a certain time time necessary. After withdrawing from the Purchase Agreement, the Seller shall return to the Buyer-Consumer without undue delay all monetary benefits paid by the Buyer-Consumer pursuant to the Purchase Agreement.

4. WITHDRAWAL FROM THE PURCHASE AGREEMENT

4.1. Withdrawal from the Purchase Agreement by the Buyer who is a Consumer:

4.1.1. The Buyer, who is a Consumer, has the right to withdraw from the Purchase Agreement within 14 (fourteen) days from the date of acceptance of the Subject of the Purchase Agreement in accordance with the provisions of § 1829, paragraph 1 of the Civil Code, while in the event that the subject of the Purchase Agreement is several types of goods or delivery several parts, this period runs from the date of acceptance of the last delivery of goods.

4.1.2. However, the Buyer does not have the right to withdraw from the Purchase Agreement in accordance with § 1837 of the Civil Code, if the subject of the Purchase Agreement is:

  • delivery of goods in sealed packaging, which for reasons of health protection or hygiene reasons is not suitable to return after the Buyer has violated it,
    • delivery of an audio or video recording or a computer program in a sealed package, if the Buyer has violated it,
    • delivery of digital content that is not delivered on a tangible medium after fulfillment has begun; in the case of performance for payment, if it began with the prior express consent of the Consumer before the expiry of the period for withdrawing from the Purchase Agreement, the Consumer was informed that the right to withdraw from the Purchase Agreement thereby expires and the Seller provided him with a confirmation of the concluded Purchase Agreement (if it is the subject of obligation, digital content that is not delivered on a physical medium, the confirmation also contains information that the Buyer expressly agrees to start performance before the expiration of the period for withdrawing from the Purchase Agreement, and that he acknowledges that by giving consent, his right to withdraw from the Purchase Agreement expires according to § 1837 letter l) of the Civil Code);
    • delivery of perishable goods or goods with a short shelf life, as well as goods that, due to their nature, have been irreversibly mixed with other goods after delivery.

4.1.3. The notice of withdrawal from the Purchase Agreement must be sent to the Seller within the period for withdrawal from the Purchase Agreement. The Buyer may send the signed notice of withdrawal from the Purchase Agreement to, among other things, the address of the Seller's registered office or as an attachment in PDF format to e-mail: info@paleto.eu

4.1.4. In case of withdrawal from the Purchase Agreement, the Purchase Agreement is canceled from the beginning. The subject of the Purchase Agreement must be returned to the Seller within 14 (fourteen) days of withdrawal from the Purchase Agreement. The deadline is maintained if the Consumer sends the goods before it expires. Return of goods by cash on delivery will not be accepted by the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs associated with returning the Subject of the Purchase Agreement to the Seller, even if the Subject of the Purchase Agreement cannot be returned due to its nature by the usual postal route.

4.1.5. If the Buyer validly withdraws from the Purchase Agreement, the Seller will return the funds received to the Buyer without undue delay, no later than 14 (fourteen) days after withdrawing from the Purchase Agreement. However, the Seller is not obliged to return the funds to the Buyer before the Buyer hands over the goods to him or proves that the Seller has sent the goods.

4.1.6. The seller is entitled to carry out an examination of the returned goods, especially for the purpose of possible damage or wear of the returned goods. The Seller is entitled to unilaterally offset the claim for compensation for any damage caused to the goods against the Buyer's claim for a refund of the purchase price.

4.1.7. The Buyer, who is a Consumer, may further withdraw from the Purchase Agreement in the cases specified in the Seller's complaint procedure, if the Seller has a complaint procedure.

4.2. Withdrawal from the Purchase Agreement by the Buyer who is an Entrepreneur:

4.2.1. A Buyer who is an Entrepreneur may withdraw from the Purchase Agreement only in the following cases:

  • in the event of a material breach of the Purchase Agreement by the Seller, provided that the Buyer has notified the Seller in writing and provided him with a reasonable period of time, not less than 10 (ten) working days, to remedy the situation, or
    • in the cases specified in the Seller's complaint procedure, if the seller has a complaint procedure.

4.2.2. The provisions of paragraphs 4.1.3 to 4.1.6 of these Terms and Conditions governing the procedure for withdrawing from the Purchase Agreement shall apply to the Entrepreneur accordingly.

4.2.3. Other legal options for withdrawing from the Purchase Agreement on the part of the Buyer - Entrepreneur are excluded.

5. RIGHTS FROM DEFECTIVE PERFORMANCE

5.1. The rights and obligations of the Seller and the Buyer arising from defective performance are regulated in the Seller's complaint procedure, which is sent to the Buyer together with the Notice. If the seller does not have a complaints procedure or if the complaints procedure does not regulate a certain area or question, the procedure is carried out according to effective legal regulations.

6. PROTECTION OF PERSONAL DATA

6.1. The Buyer was informed about the processing of personal data by the Seller through an information document issued by the Seller.

7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1. The Buyer acquires ownership of the goods by paying the entire Purchase Price of the Subject of the Purchase Agreement. The risk of damage to property passes to the Buyer at the time of taking over the Subject of the Purchase Agreement, or if the Buyer does not take over the Subject of the Purchase Agreement, although the Seller has allowed him to dispose of it.

7.2. The Seller is not responsible for the use of the Subject of the Purchase Agreement in a manner that does not correspond to the intended purpose of the Subject of the Purchase Agreement, or which is in conflict with the instructions for the use of the Subject of the Purchase Agreement provided by the Seller. The Seller is also not responsible for any damage or defects to the Subject of the Purchase Agreement arising as a result of using the goods in such an incorrect manner.

7.3. In the event that the Seller is unable to properly and timely fulfill the Purchase Agreement due to force majeure (such as extraordinary, unforeseeable and insurmountable obstacles arising independently of the Seller's will), he will inform the Buyer of this without undue delay. All deadlines for the Seller's performance are extended by the time that the force majeure obstacle lasts. Provision
§ 2913 of the Civil Code is not affected by this.

7.4. The Buyer agrees to use remote means of communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (in particular the costs of internet connection, the costs of telephone calls) are covered by the Buyer himself, and these costs do not differ from the basic rate of the relevant providers of distance communication services.

7.5. In relation to the Buyer, who is a Consumer, the Seller is not bound by any codes of conduct in the sense of the provisions of Section 1820 paragraph 1 letter n) of the Civil Code.

7.6. The purchase contract can be concluded in the Czech language. Concluded Kuní contracts are archived by the Seller in electronic form. The buyer is provided with an e-mail confirmation of the conclusion of the Purchase Agreement according to these Terms and Conditions.

8. CONSUMER DISPUTE RESOLUTION

8.1. In the event that a consumer dispute arising from the Purchase Agreement arises between the Buyer, who is a Consumer, and the Seller, which cannot be resolved by mutual agreement, the Buyer - Consumer may submit a proposal for an out-of-court settlement of such dispute to the designated entity for out-of-court resolution of consumer disputes, which is : Czech Trade Inspection, Central Inspectorate – ADR Department, address: Štěpánská 15 120 00 Prague 2, website: www.coi.cz

8.2. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can also be used for out-of-court dispute resolution. Contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on resolution of consumer disputes online) is the European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz.

9. MUTUAL COMMUNICATION

9.1. All notifications between the Seller and the Buyer that relate to these Terms and Conditions or the Purchase Agreement, or to be made on their basis must be made in writing and delivered to the other party.

10. COMMON AND FINAL PROVISIONS

10.1. If any provision of the Terms and Conditions or the Purchase Agreement is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity and effectiveness of other provisions. Changes and additions to the Purchase Agreement require written form.

10.2. According to § 1765 of the Civil Code, the contracting parties assume the risk of a change in circumstances.

10.3. No contracting party may transfer, assign, stop or otherwise encumber its claims against the other contracting party without its written consent.

10.4. These Terms and Conditions take effect on 17.01.2023.