Terms and conditions

Summary of Terms and Conditions

The online shop at the address http://simonds.cz is operated by the company Dudr Saw s.r.o., with its registered office at Nádražní 935, 763 62 Tlumačov, Company ID No. 29305489, entered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 72887, VAT ID No. CZ29305489. You can contact us by e-mail or by phone.

Once you submit your order via the online shop, a contract is thereby concluded. A contract is also concluded if you send your order for the offered goods by e-mail to the e-mail address info@simonds.cz, or place it by telephone by calling +420 771 258 965. We will confirm receipt of your order and conclusion of the contract to you by e-mail.

Please make payment within 14 days of the conclusion of the contract or later, depending on the selected method of payment.

If you order tangible goods in our online shop, this results in the conclusion of a contract of sale.

You become the owner of the goods upon taking delivery of the goods, but not before the total price has been paid in full. If you, as a consumer, receive damaged goods, please inform us of this without undue delay. If you discover the damage when taking delivery of the goods, you should also inform the carrier of the damage. If you, as a business, receive damaged goods, you must resolve the damage with the carrier.

If you are a consumer, you have the right to claim defects that appear in the goods within 2 years of taking delivery of the goods. As a business, you may claim defects which the goods had at the moment when the risk of damage passed to you within 6 months, and in the case of hidden defects within 2 years, of taking delivery of the goods. How exactly to make a claim for goods and what you may request in the event of a claim can be found further in these Terms and Conditions.

General Provisions

1.1. Scope of the Terms and Conditions. These Terms and Conditions govern the conclusion of contracts between us as the seller and you as the customer through the online shop and our and your rights and obligations arising from the contracts. Mandatory information is also part of the Terms and Conditions. Information on the processing of personal data can be found in a separate document on our website. The Terms and Conditions enter into force on 1 July 2023.

1.2. Definitions. In our Terms and Conditions we use the following abbreviations:

1.2.1. We, meaning the seller, i.e. the company Dudr Saw s.r.o., with its registered office at Nádražní 935, 763 62 Tlumačov, Company ID No. 29305489, entered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 72887, VAT ID No. CZ29305489.

1.2.2. You, meaning the customer, i.e. the other contracting party different from us, which may be one of the following entities:

1.2.2.1. the Consumer, being a natural person who is not acting within the scope of their business activity or within the independent exercise of their profession;

1.2.2.2. the Business, being a natural or legal person acting within the scope of their business activity or within the independent exercise of their profession.

1.2.3. the Online shop, i.e. our web interface located at the web address http://simonds.cz, where you can view our offer and order goods from our range.

1.2.4. E-mail, i.e. electronic mail, by means of which you can contact us at the e-mail address available on the web address of our online shop.

1.2.5. Telephone, by means of which you can contact us at the telephone number available on the web address of our online shop.

1.2.6. Contracts, meaning contracts of sale.

1.3. Relationship between the Terms and Conditions and the contract. The Terms and Conditions form an integral part of all contracts. Provisions in the contract that deviate from the wording of the Terms and Conditions take precedence over the wording of the Terms and Conditions.

1.4. Relationship between the contract and the Terms and Conditions and legal regulations. Rights and obligations not regulated by the Terms and Conditions or by the contract are governed by the legal regulations of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, in accordance with the legal regulations of the European Union, in particular Directive 2011/83/EU on consumer rights and Directive 2000/31/EC on electronic commerce. In the event of a conflict between the Terms and Conditions or the contract and a legal regulation, unless it concerns a matter that may be agreed differently by contract, the legal regulation shall prevail.

1.5. Severability of provisions of the Terms and Conditions and contractual arrangements. If any provision of the Terms and Conditions or contractual arrangements becomes invalid, ineffective or is disregarded, this shall not affect the validity and effectiveness of the other provisions of the Terms and Conditions and contractual arrangements.

1.6. Relationships with an international element. In the event of an international element, the legal relations between us and you are governed by Czech law and any disputes shall be resolved by the Czech courts. The United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) shall not apply.

1.7. Methods of handling complaints. Any complaints and disputes between you and us can be resolved:

1.7.1. out of court in proceedings conducted by the Czech Trade Inspection Authority (adr.coi.cz) or via the online dispute resolution platform established by the European Commission (ec.europa.eu/consumers/odr);

1.7.2. by e-mail sent to the e-mail address info@simonds.cz;

1.7.3. in person at our premises;

1.7.4. by telephone on +420 771 258 965.

1.8. Supervisory authorities. Our activities are monitored and supervised by state authorities of the Czech Republic, which you may contact with your submissions in accordance with the legal regulations governing their competence and powers. The state supervisory authorities are in particular:

1.8.1. the Czech Trade Inspection Authority;

1.8.2. the Trade Licensing Offices;

1.8.3. the Office for Personal Data Protection.

Ordering Goods and Concluding Contracts

2.1. Ordering goods. Goods in our online shop may be ordered by accepting the offer to conclude a contract, which is constituted by the display of goods in the online shop, by means of:

2.1.1. the online shop;

2.1.2. e-mail;

2.1.3. telephone.

Acceptance of our offer with an addition or deviation is not possible and is deemed to be a counter-offer from you.

2.2. Ordering goods via the internet. You order goods via the online shop by selecting the offered goods in the required quantity, quality and design, placing the goods in the virtual basket, filling in the required data, selecting the method of delivery of the goods and payment method and submitting your order using the „"Submit and pay" (card payment or Google Pay selected) or "Complete" (payment on delivery or by invoice selected)“ button, thereby concluding the contract. Before submitting the order, you will be able to check and, if necessary, change the data you have entered.

2.3. Ordering goods by e-mail. You order goods by e-mail by sending an e-mail message to the e-mail address info@simonds.cz, which must contain:

2.3.1. the selected goods in the required quantity, quality and design;

2.3.2. the selected method of delivery of the goods and payment;

2.3.3. your identification details:

2.3.3.1. name and surname and, where applicable, the name of the legal entity;

2.3.3.2. place of residence or registered office;

2.3.3.3. address for delivery of the goods;

2.3.3.4. telephone number;

2.3.3.5. Company ID No., if you are not a consumer;

2.3.3.6. VAT ID No., if you are a VAT payer.

2.4. Ordering goods by telephone. You order goods by telephone by calling +420 771 258 965, where you will provide us with:

2.4.1. the selected goods in the required quantity, quality and design;

2.4.2. the selected method of delivery of the goods and payment;

2.4.3. your identification details:

2.4.3.1. name and surname and, where applicable, the name of the legal entity;

2.4.3.2. place of residence or registered office;

2.4.3.3. address for delivery of the goods;

2.4.3.4. telephone number;

2.4.3.5. e-mail address;

2.4.3.6. Company ID No., if you are not a consumer;

2.4.3.7. VAT ID No., if you are a VAT payer.

2.5. Confirmation of receipt of the order. We will confirm successful receipt of your order and conclusion of the contract to you at your e-mail address by sending an e-mail message, which will include:

2.5.1. confirmation of the conclusion of the contract and its content.

In the event of an incomplete or incorrect order, we will invite you to supplement it or notify you that it is not possible to conclude the contract.

2.6. Language and storage of the contract. Contracts are concluded in Czech and also in Polish, Slovak, Romanian, Bulgarian, Hungarian, German and Croatian. We store the concluded contracts for our own purposes and it is not possible to access them.

Concluded Contracts and Their Content

3.1. Change and termination of the contract. Concluded contracts may not be unilaterally amended or cancelled; this may only be done on the basis of mutual agreement, or if so provided by a legal regulation or these Terms and Conditions.

3.2. Content of the contract of sale. On the basis of a concluded contract of sale, we are obliged to deliver to you, in the agreed manner, the ordered tangible goods and to provide any agreed services, and you are obliged to take delivery of the goods and pay us the total price, which consists of the price of the ordered goods, any payment fee, the price of delivery of the goods and the price of any other services ordered.

3.3. Intellectual property protection. If, under the contract, we supply you with goods protected by intellectual property rights (in particular copyright works, trade marks, industrial designs, patents and utility models), the contract does not include a licence authorising the exercise of intellectual property rights. Goods protected by copyright may not be used by you, as a natural person, other than for your personal use and, as a legal person, other than for your own internal use; in particular, you are not entitled to reproduce the goods, resell them, rent them out or otherwise make them available to third parties.

3.4. Discounts and promotional campaigns. For discount or other marketing campaigns, unless stated otherwise, the individual discounts and other benefits provided cannot be combined.

3.5. Gifts and bonuses. If you are provided with gifts or other bonuses under the contract, this is done on the basis of a donation agreement, and we therefore do not assume liability for defects in such items. The existence of the donation agreement depends on the existence of the principal contract and the donation agreement is concluded subject to a resolutive condition that the donation agreement shall be cancelled if the principal contract is terminated.

3.6. Discount coupons and gift vouchers. Discount coupons and gift vouchers may be redeemed under the agreed conditions or under the conditions stated on the coupon or voucher. Unless agreed otherwise, they may only be redeemed with us and their validity period is limited, for discount coupons until revocation or termination of the discount campaign, and for gift vouchers to one year from their issue.

Payment Terms

4.1. Methods of payment. The total price may be paid using the methods listed in the online shop at the web address https://www.simonds.cz/doprava-a-platba.

4.2. Time for payment. You are obliged to pay the total price either before delivery of the goods, upon taking delivery of the goods, or later, according to the agreed method of payment. If the total price is to be paid before delivery of the goods, you are obliged to pay it within 14 days of the conclusion of the contract. If the total price is paid through a payment service provider, the total price is paid when the monetary amount is credited to our account with the payment service provider.

4.3. Payment by means of credit. If payment of the total price by means of credit or another financial product has been agreed under a contract with a financial services provider, this relationship is also governed by the contract and the terms and conditions of the provider of the financial product.

4.4. Electronic sending of tax documents. You agree that we shall issue the invoice (tax document) and send it to you in electronic form to your e-mail address provided when placing the order.

Delivery Terms

5.1. Methods of delivery. The methods of delivery that you may use are listed in the online shop at the web address https://www.simonds.cz/doprava-a-platba.

5.2. Restrictions on delivery of goods. We deliver goods only to the following countries:

5.2.1. Czech Republic;

5.2.2. Slovakia;

5.2.3. Poland;

5.2.4. Bulgaria;

5.2.5. Romania;

5.2.6. Hungary;

5.2.7. Germany;

5.2.8. Austria;

5.2.9. Croatia;

5.2.10. Italy;

5.2.11. Slovenia;

5.2.12. Lithuania.

The option to order goods to a supported country is available only via the corresponding language version of our website designated for the respective country.

5.3. Acquisition of title. You become the owner of the goods we deliver to you upon taking delivery of the goods, but not before the total price has been paid in full.

5.4. Time for delivery. The agreed time for delivery of the goods runs from the conclusion of the contract. If you are a consumer and the time for delivery has not been agreed, we will deliver the goods to you without undue delay, but no later than 30 days from the date of conclusion of the contract. If the total price is to be paid before delivery of the goods, the time for delivery of the goods runs only from payment of the total price. The goods will be delivered to the place of destination within this time. If you are not a consumer and the goods are to be delivered to the place of destination by a carrier, the goods will be handed over to the carrier within this time.

5.5. Taking delivery of the goods. You are obliged to take delivery of the goods at the agreed time and at the agreed place, depending on the method of delivery. If the goods are to be delivered by a carrier, you are obliged to take delivery of them upon delivery to the place of destination. If you do not take delivery of the goods, we shall be entitled to withdraw from the contract and to claim payment of the costs associated with delivery of the goods, if these have not been paid prior to delivery of the goods. If we deliver the goods to you repeatedly after you have failed to take delivery of them, we are entitled to reimbursement of the costs associated with repeated delivery.

5.6. Verification of identity upon taking delivery of the goods. If the goods have been paid for before delivery, we are entitled to make the handing over of the goods conditional upon verification of the identity of the person taking delivery on the basis of an identity document.

5.7. Damage to goods in transit to consumers. If you are a consumer, the risk of damage to the goods passes to you upon taking delivery of the goods. If the goods are delivered to you damaged, you are obliged to inform us of the damage without undue delay, preferably:

5.7.1. by e-mail to the e-mail address info@simonds.cz;

5.7.2. in person at any of our premises;

5.7.3. by telephone on +420 771 258 965.

If you discover that the consignment is damaged already when taking delivery of the goods, you are obliged to inform not only us but also the carrier of the damage when taking delivery of the goods. You may ask the carrier to open a damaged consignment before taking delivery and, if you find that the goods have been damaged, you are not obliged to take delivery of them from the carrier.

5.8. Damage to goods in transit to businesses. If you are not a consumer and the goods are to be delivered by a carrier, the risk of damage to the goods passes to you when the goods are handed over to the carrier. If damage to the goods occurs after the risk of damage has passed, we shall not be liable for it and the damage to the goods shall not affect your obligation to pay the total price and your obligation to take delivery of the goods. If the goods are delivered to you damaged, you are obliged to complain about the damage to the goods to the carrier without undue delay.

5.9. Packaging of goods. Unless agreed otherwise, the goods will be packed in a manner suitable for their preservation and protection.

Withdrawal from the Contract

6.1. No possibility of withdrawal from the contract. All our band saw blades are made to measure according to your requirements; therefore, under a concluded contract of sale for the supply of our goods, you, as a consumer, do not have the right to withdraw within 14 days without giving a reason and return the goods to us.

6.2. Our right to withdraw from the contract. We are entitled to withdraw from a concluded contract at any time from the date of conclusion of the contract until the moment you take delivery of the goods from us, for the following reasons:

6.2.1. depletion of stocks of the ordered goods;

6.2.2. failure to take delivery of the goods upon their delivery;

6.2.3. misuse of the ordering system of our online shop;

6.2.4. provision of incorrect data when ordering goods;

6.2.5. ordering of goods at a price significantly lower than the usual price, if the goods were offered at this price as a result of an error or mistake of our online shop;

6.2.6. other reasons deserving special consideration.

Claims for Defects in Goods by Consumers

7.1. Scope. This part of the Terms and Conditions applies to you only if you are a consumer and governs our liability for defects in the goods.

7.2. Claim period. You may make a claim for a defect that appears in the goods within 2 years of taking delivery of the goods.

7.3. Our liability for defects in the goods. We are liable to you for the goods being free from defects upon taking delivery. In particular, we are liable for the item:

7.3.1. corresponding to the agreed description, type and quantity, as well as quality, functionality and other agreed characteristics;

7.3.2. being suitable for the purpose for which you require it, if we have agreed to such purpose;

7.3.3. being supplied with the agreed accessories and instructions for use, including assembly or installation instructions.

7.4. Furthermore, we are liable to you for the goods meeting the following requirements in addition to the agreed characteristics; this does not apply if we have informed you before the conclusion of the contract that some of the characteristics of the goods differ and you have agreed to this:

7.4.1. being suitable for the purpose for which goods of this kind are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the relevant industry where there are no technical standards;

7.4.2. in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponding to the usual characteristics of goods of the same kind which you may reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular in advertising or labelling; we are not bound by a public statement if we were not aware of it or if it was, at the time of conclusion of the contract, corrected in at least a comparable manner to that in which it was made, or if it could not have influenced the decision to purchase;

7.4.3. being supplied with accessories, including packaging, assembly instructions and other instructions for use, which you may reasonably expect;

7.4.4. corresponding in quality or workmanship to a sample or model which we have provided to you before the conclusion of the contract.

7.5. Limitation of liability. We are not liable to you:

7.5.1. for wear and tear of the goods corresponding to the extent of their use;

7.5.2. if you caused the defect yourself.

7.6. Time for asserting the right. You are obliged to inspect the goods as soon as possible and satisfy yourself as to their characteristics and quantity. You are obliged to assert your rights arising from liability for defects in the goods with us without undue delay, as soon as you are able to discover the defects, and within the claim period.

7.7. Right to remedy of the defect. If the goods have a defect, you have the right to have the defect remedied free of charge, at your choice either by delivery of new goods without defects or by repair of the goods. You do not have the right to choose the method of remedy if the method chosen by you would be impossible or, in comparison with the other method, disproportionately costly. In the event of a crack or other failure of the weld, we will provide you with a new defect-free band saw blade.

7.8. Right to a reasonable discount and withdrawal from the contract. If we refuse to remedy the defect or do not remedy it, or if the defect recurs, or if the defect constitutes a material breach of contract, or if it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you, you may claim a reasonable discount or withdraw from the contract. You do not have the right to withdraw from the contract if the defect is insignificant.

7.9. How to make a claim. If you wish to exercise your rights arising from liability for defects, you may do so preferably via our telephone or e-mail. In addition, you are entitled to make a claim in another way, including by sending the goods to the address of our registered office or in person at our premises.

7.10. Requirements of the claim. When making a claim, it will usually be sufficient if you send us a description of the defect and photographic documentation, on the basis of which we are able in most cases to assess the claim without the physical handover of the goods. If we are not able to assess the claim on the basis of photographic documentation, or if you are handing over the goods to us as part of the claim for any other reason, the goods must be handed over to us in a condition that allows us to assess the justification of the claim; in particular, it is not possible to hand over goods that are excessively dirty. When making a claim, it is necessary to:

7.10.1. prove that the goods were purchased from us;

7.10.2. state which defect in the goods you are claiming and how you request that the claim be resolved. The requested method of resolving the claim cannot subsequently be changed without our consent.

7.11. Handling of the claim. Your claim will be resolved within a reasonable time, but no later than 30 days from the date on which the claim is made. You will be informed of the resolution of the claim within this period and the goods will be returned to you in the same way as they were handed over to us when the claim was made. If the claim is not resolved in time, you have the right to withdraw from the contract or to request a reasonable discount from the price. If your claim is accepted, the period for asserting defects is extended by the time it took us to resolve your claim.

7.12. Confirmation of the claim. When you exercise your rights arising from liability for defects in the goods, we will issue you with written confirmation of when you exercised the right, what the content of the claim is and what method of resolving the claim you require, as well as confirmation of the date and method of resolution of the claim, including confirmation of the repair carried out and its duration, or written justification for the rejection of the claim.

7.13. Additional quality guarantee. In addition to your statutory rights, you may be granted an additional guarantee of the quality of the goods. This arises from a declaration by the guarantor, which may also be made in advertising, that you will be satisfied beyond your statutory rights arising from defective performance if the goods do not have the properties stated in the guarantee declaration. The rights arising from the additional quality guarantee and the conditions for exercising it are governed by the guarantor’s declaration. If the guarantor guarantees that the goods will retain their functions and performance for a certain period during normal use, or if the warranty period or the period of use of the goods is indicated on the packaging of the goods, you have, vis-à-vis the guarantor, the right at least to delivery of new goods without defects or to their repair.

Claims for Defects in Goods by Businesses

8.1. Scope. This part of the Terms and Conditions applies to you only if you are not a consumer and governs our liability for defects in the goods.

8.2. Our liability for defects in the goods. We will deliver the goods to you in the agreed quantity, quality and design. If the quality and design are not agreed, we will deliver the goods in a quality and design suitable for the purpose apparent from the contract; otherwise for the usual purpose. If the quantity is only determined approximately, the exact quantity shall be determined by us. If the goods have a defect at the moment when the risk of damage passes to you, we are liable for such defect. This does not apply if it is a defect that can be detected with the exercise of usual care already at the time of conclusion of the contract.

8.3. Limitation of liability. We are not liable to you:

8.3.1. for wear and tear of the goods caused by their normal use;

8.3.2. for defects in the goods if you were aware of them before taking delivery of the goods;

8.3.3. for defects in the goods if you caused them yourself.

8.4. Time for asserting the right. You are obliged to inspect the goods as soon as possible and satisfy yourself as to their characteristics and quantity. You are obliged to assert your rights arising from liability for defects in the goods with us without undue delay, as soon as you are able to discover the defects. The right may be asserted no later than within 6 months, or in the case of a hidden defect within 2 years, from the date on which we deliver the goods to you. Otherwise your right arising from liability for defects in the goods lapses and will not be granted.

8.5. Cracked weld. In the event of a crack or other failure of the weld, we will provide you with a new defect-free band saw blade.

8.6. Your rights in the event of a material breach of contract. If the defect constitutes a material breach of contract, you have the right:

8.6.1. to have the defect remedied by delivery of new goods without defects or by delivery of missing goods;

8.6.2. to have the defect remedied by repair of the goods;

8.6.3. to a reasonable discount on the purchase price; or

8.6.4. to withdraw from the contract.

Delivery of goods with such a defect that we must have known, already at the time of conclusion of the contract, that if you had foreseen it you would not have concluded the contract with us, is considered a material breach of contract; in other cases the breach of contract is considered non-material. If you do not notify us of the right you have chosen, you have the rights as in the case of a non-material breach of contract.

8.7. Your rights in the event of a non-material breach of contract. If the defect constitutes a non-material breach of contract, you have the right:

8.7.1. to have the defect remedied;

8.7.2. to a reasonable discount on the purchase price.

If you do not notify us of the right you have chosen, we may remedy the defect by repairing the goods, delivering new goods or delivering what we have not delivered to you. You cannot subsequently change the right chosen without our consent.

8.8. Impossibility to demand withdrawal from the contract and delivery of new goods. If you cannot return the goods in the condition in which you received them, you cannot withdraw from the contract or demand delivery of new goods. This does not apply if:

8.8.1. the change of condition occurred as a result of an inspection carried out in order to discover a defect in the goods;

8.8.2. you used the goods before the defect was discovered;

8.8.3. the impossibility of returning the goods in an unchanged condition was not caused by your act or omission; or

8.8.4. you sold the goods before the defect was discovered, consumed them or modified the goods in the course of normal use; if this has happened only in part, you shall return to us what you can still return and provide us with compensation up to the amount in which you have benefited from the use of the goods.

8.9. How to make a claim. If you wish to exercise your rights arising from liability for defects, you may do so preferably via our telephone or e-mail. In addition, you are entitled to make a claim in another way, including by sending the goods to the address of our registered office or in person at our premises.

8.10. Requirements of the claim. When making a claim, it will usually be sufficient if you send us a description of the defect and photographic documentation, on the basis of which we are able in most cases to assess the claim without the physical handover of the goods. If we are not able to assess the claim on the basis of photographic documentation, or if you are handing over the goods to us as part of the claim for any other reason, the goods must be handed over to us in a condition that allows us to assess the justification of the claim; in particular, it is not possible to hand over goods that are excessively dirty. When making a claim, it is necessary to:

8.10.1. prove that the goods were purchased from us;

8.10.2. state which defect in the goods you are claiming and how you request that the claim be resolved. The requested method of resolving the claim cannot subsequently be changed without our consent.

8.11. Handling of the claim. Your claim will be resolved without undue delay. The goods will be returned to you in the same way as they were handed over to us when the claim was made. If your claim is accepted, the period for asserting your rights arising from liability for defects is extended by the time it took us to resolve your claim.

8.12. Reimbursement of claim costs. If your claim is accepted, you are entitled to reimbursement of the necessary costs reasonably incurred in exercising your rights arising from liability for defects in the goods. If the claim is rejected, we are entitled to reimbursement of the necessary costs incurred in returning your goods to you.

8.13. Additional quality guarantee. In addition to your statutory rights, you may be granted an additional guarantee of the quality of the goods. This arises from a declaration by the guarantor, which may also be made in advertising, that you will be satisfied beyond your statutory rights arising from defective performance if the goods do not have the properties stated in the guarantee declaration. The rights arising from the additional quality guarantee and the conditions for exercising it are governed by the guarantor’s declaration. If the guarantor guarantees that the goods will retain their functions and performance for a certain period during normal use, or if the warranty period or the period of use of the goods is indicated on the packaging of the goods, you have, vis-à-vis the guarantor, the right at least to delivery of new goods without defects or to their repair.

The Terms and Conditions take effect on 1 July 2023.