BOURNE/WILLIAM s.r.o.
Registered office: Karlovo nám. 53/42, 674 01 Třebíč, Czech Republic
Company ID: 058 55 471 VAT ID: CZ058 55 471
Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 130009
E-mail: [email protected] Tel.: +420 602 604 630
(hereinafter referred to as the “Seller” or “Contractor”)
Issued on: 20 July 2025 Version: 1.0 Effective as of: 20 July 2025
1.1. These General Terms and Conditions (hereinafter the “GTC”) govern the legal relations between BOURNE/WILLIAM s.r.o. (the Seller/Contractor) and any other person (the “Customer”, i.e. Buyer/Client) arising from the conclusion of a purchase contract or contract for work (the “Contract”).
1.2. Goods means tangible items supplied by the Seller; Work means the result of the Contractor’s activities (assembly, installation, or related service).
1.3. Place of Performance means the delivery location of the Goods or the place where the Work is performed under the Contract. Site Readiness means the technical and safety conditions necessary for proper installation or performance as defined in the Contract or its annexes.
1.4. Words in the singular include the plural and vice versa; references to laws mean laws in force in the Czech Republic as amended.
2.1. These GTC form an integral part of every Contract. In case of conflict, the provisions of the Contract shall prevail.
2.2. The Customer’s own terms and conditions shall not apply unless expressly accepted in writing by the Seller.
2.3. Any matters not governed by the Contract or these GTC shall be governed by the laws of the Czech Republic, particularly by the Civil Code (Act No. 89/2012 Coll.).
3.1. A Contract is deemed concluded when:
(a) the Seller confirms the Customer’s order or offer without reservations; or
(b) the Customer takes delivery of the Goods; or
(c) the Customer pays the price (in full or in part) – whichever occurs first.
3.2. Orders must include the Customer’s identification details, specification of Goods/Work, quantity, delivery date and location, method of transport or installation, and a contact person.
3.3. If the order is incomplete or unclear, the Seller may request clarification; delivery times are suspended until such clarification is received.
3.4. Any change or cancellation of a confirmed order requires the Seller’s written consent. The Seller is entitled to reimbursement of reasonably incurred costs (manufacturing preparation, logistics, materials).
4.1. Prices are as agreed in the Contract or confirmed quotation. Unless otherwise stated, prices exclude non-standard packaging, insurance, customs, storage or assembly costs.
4.2. The Seller may require an advance payment of up to 100 % of the agreed price before commencement of performance.
4.3. Invoices are payable as indicated on the tax document; in case of cash-on-delivery or direct payment, the price is due upon receipt.
4.4. If the VAT rate changes before the taxable supply date, the price shall be adjusted accordingly. If the Customer lacks a valid VAT ID at the time of supply, Czech VAT shall apply.
4.5. If the Customer is in default with payment, the Seller may suspend performance without being in default itself.
5.1. The delivery period begins only after the Customer fulfils all obligations (advance payment, documents, confirmed site readiness).
5.2. The Place of Performance must allow safe access and handling. If special equipment (e.g. crane, oversized transport) is required, the Customer bears these additional costs.
5.3. The Seller may deliver in partial consignments; the Customer must accept and pay for such partial deliveries proportionally.
5.4. If the Customer fails to accept delivery without due reason, the Goods/Work are deemed offered for acceptance, and the Seller may charge storage and redelivery costs.
5.5. Delivery is confirmed by a handover protocol; electronic confirmation (e-mail or tablet signature) is equally valid.
6.1. Before installation, the Customer must ensure site readiness: level foundation, utilities, electrical inputs, access, drainage, load-bearing capacity, safety and weather protection.
6.2. Lack of site readiness entitles the Seller to postpone performance and charge related costs (idle labour, repeated travel, transport).
6.3. The Seller may pre-supply components to the site; the Customer shall store and protect them.
6.4. In unsafe or adverse conditions (frost, heavy rain, high temperature), the Seller may delay works and notify a new date.
6.5. The Work is deemed completed when it is usable for its intended purpose, even with minor defects not preventing operation; such defects will be remedied within a reasonable time.
7.1. Risk of damage passes to the Customer upon handover of the Goods/Work or upon notice that it is ready for handover.
7.2. Title to the Goods passes to the Customer only after full payment of the purchase price.
7.3. If the Customer delays collection or payment, the Seller is entitled to charge storage fees of CZK 200 per day and reimbursement of redelivery costs.
7.4. If the Customer is in payment default, the Seller may, at the Customer’s expense, retrieve the Goods from the site. The Customer grants access to business premises or the installation site, excluding entry into a consumer’s residence.
8.1. The Seller shall perform in accordance with the Contract and Czech law.
8.2. Rights arising from defects shall be exercised under the Civil Code and the Seller’s Warranty & Complaint Policy; warranties for quality are governed by the warranty certificate.
8.3. The Customer confirms knowledge of product characteristics, normal tolerances, and maintenance requirements.
8.4. If the Goods are exported outside the Czech Republic, the Customer bears all costs of transport and service support; the Seller may require a deposit.
8.5. Consumer rights under the Consumer Protection Act No. 634/1992 Coll. remain unaffected.
9.1. Delay of the Seller: contractual penalty 0.05 % of the total price per day of delay.
9.2. Delay of the Customer: contractual penalty 0.05 % of the total price per day of delay.
9.3. Payment of a penalty does not exclude the right to damages or statutory default interest.
9.4. For B2B relations, liability for damages is limited to 50 % of the total price, up to a maximum of CZK 1,000,000, except in cases of wilful misconduct or gross negligence.
9.5. In consumer contracts, penalties and limitations apply only within the bounds of mandatory law.
9.6. In addition, the creditor is entitled to statutory default interest pursuant to Government Decree No. 351/2013 Coll. (Czech National Bank repo rate + 8 p.p.).
10.1. Force majeure means an extraordinary, unforeseeable and unavoidable obstacle beyond a party’s control (natural disaster, war, strike, epidemic, etc.).
10.2. During force majeure, affected obligations are suspended. The party shall notify the other of its beginning and end without undue delay.
10.3. If performance becomes impossible, the parties may modify or terminate the Contract.
11.1. The Seller may withdraw from the Contract in case of material breach by the Customer (especially payment delay, failure of site readiness, insolvency).
11.2. Withdrawal terminates rights and obligations to the extent of its effects; claims for penalties, interest and damages remain unaffected.
12.1. A consumer may withdraw from a distance or off-premises contract within 14 days from receiving the Goods or concluding the Contract.
12.2. The withdrawal notice shall be sent to [email protected] or to the Seller’s registered address.
12.3. The consumer cannot withdraw in cases specified in Section 1837 of the Civil Code, especially for custom-made goods, goods unfit for return for hygiene reasons, or digital content supplied otherwise than on a tangible medium.
12.4. The consumer bears the cost of returning the goods; the refunded amount will be paid after receipt of the returned goods.
12.5. Alternative dispute resolution (ADR) for consumer disputes is handled by the Czech Trade Inspection Authority (ČOI). The former EU ODR platform was terminated as of 20 July 2025.
13.1. The Seller is the data controller. Data are processed for contract performance, legal compliance and legitimate interests.
13.2. Details are available in the Privacy Policy; data subjects may exercise their rights at [email protected].
13.3. The supervisory authority is the Office for Personal Data Protection (ÚOOÚ).
14.1. Catalogues, drawings, photographs, videos, texts, trademarks and other materials of the Seller are protected by intellectual-property and industrial-property rights.
14.2. The Customer shall not use such materials beyond the Contract without the Seller’s written consent.
14.3. Both parties shall maintain confidentiality regarding non-public information.
15.1. Communications shall be delivered to the addresses stated in the Contract. Electronic communication fulfils the written-form requirement under Section 562 of the Civil Code; an e-mail is deemed delivered when it reaches the recipient’s mailbox, but no later than the next business day after sending.
15.2. Electronic signatures, e-mail confirmations and tablet-based signatures are sufficient unless stricter form is required by law.
16.1. The Seller may assign its rights and obligations to a third party; the Customer will be informed if required by law.
16.2. A business-Customer may not assign its claims against the Seller without prior written consent; this restriction does not apply to consumers where prohibited by law.
17.1. The Contract and these GTC are governed by Czech law.
17.2. Disputes with business Customers shall be settled by the competent court in the district of the Seller’s registered office.
17.3. Consumers may use ADR procedures conducted by the Czech Trade Inspection Authority (ČOI); the EU ODR platform has been discontinued as of 20 July 2025.
18.1. The Seller may update these GTC; the new version becomes effective upon publication and applies to Contracts concluded thereafter.
18.2. Invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions.
19.1. The person signing on behalf of the Customer declares to be duly authorised; otherwise, they are liable for damages caused by unauthorised action.
19.2. These General Terms and Conditions were issued on 20 July 2025 and become effective on the same date.