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General Terms and Conditions


General Terms and Conditions effective from June 1, 2022

‍INFOMATIC s.r.o.
Registered office: Bucharova 1186/16, 155 00 Prague 5
Company ID: 24828441 / VAT ID: CZ24828441
Data box: i8szy8j
Phone: +420 251 025 400
Email: obchod@infomatic.cz

1. Definitions
1.1. Terms and Conditions

The Terms and Conditions describe the standard business cooperation between the Buyer and the Seller and establish binding rules for the relationship between the Buyer and the Seller in connection with the sale of goods and the provision of services by the Seller to the Buyer. The Terms and Conditions are also binding for relationships arising from other contracts that explicitly state so.

All matters not regulated by these Terms and Conditions shall be governed by the relevant provisions of applicable legislation, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"). The current version of the Terms and Conditions is publicly available on the Seller's website (www.infomatic.cz).

In accordance with the provisions of Section 1752 of the Civil Code, the Seller and the Buyer have agreed that the Seller is entitled to continuously amend the Terms and Conditions. The Seller shall notify the Buyer of any amendment to the Terms and Conditions by sending an email or similar message to the Buyer and by publishing the amended version of the Terms and Conditions on its website. The amended Terms and Conditions become effective on the fifteenth day after their publication. The Buyer is obliged to familiarize themselves with the amended version of the Terms and Conditions, and in the event that the Buyer does not agree with the change to the Terms and Conditions, the Buyer has the right to terminate the contract to which the change of the Terms and Conditions applies, no later than 30 days from the delivery of the notice of the change to the Terms and Conditions, in writing with a 3-month notice period, which begins on the first day of the month following the delivery of the notice of termination to the Seller.

1.2. Sub-contract

Every confirmation of receipt of goods or services in the form of a signed delivery note, handover protocol, transport document, invoice, or acceptance protocol constitutes confirmation of the conclusion of an individual sub-contract based on the Buyer's order, within the meaning of these Terms and Conditions. The Seller is entitled to reject an order for goods or services placed by the Buyer.

1.3. Seller's contact address

Offices: Bucharova 1186/16, 155 00 Prague 5, tel. +420 251 025 400

1.4. Seller's business hours

Offices: Mon–Fri 9:00–17:00
Warehouse (receiving): Mon–Fri 9:00–16:00

1.5. Seller contact information

The Buyer is assigned a Primary Contact – an employee of the Seller's sales department. The role of the Primary Contact is to handle the Buyer's requests in all areas of business between the Buyer and the Seller. The Primary Contact person will be selected with regard to the focus of the Buyer's business activities so that they can resolve frequent requests with the maximum possible knowledge in the given area. In specific situations, the Buyer has the option to contact the Seller's finance or logistics department. The Buyer is entitled to request a change of the Primary Contact for serious reasons. As part of the continuous improvement of customer conditions, telephone calls may be recorded.

1.6. Partner prices

Partner prices are the current prices for the Buyer. These prices correspond to the current purchasing terms, the Seller's stock situation, and the scope of the business cooperation between the Seller and the Buyer. The Seller reserves the right to change partner prices. Partner prices stated in the Buyer's orders that have been confirmed by the Seller are binding.

1.7. Financial terms

1.7.1. Payment

The payment date is defined as the date the Buyer's payment is credited to the Seller's account.

1.7.2. Securing the Seller's receivables from the Buyer

The Seller is entitled to require security for a specific business case using standard security instruments in order to minimize risks arising from the potential insolvency of the Buyer. The standard instruments used by the Seller are:

  • assignment of the Buyer's receivable from a demonstrably creditworthy entity to the Seller
  • promissory note secured by an individual or a demonstrably creditworthy entity
  • receivables insurance
  • partial or full payment for ordered goods or services in advance (so-called
    prepayment)

The Seller assesses the entity's creditworthiness at its own discretion. To assess creditworthiness, the Seller requires the submission of the Buyer's financial results for the last closed tax period (financial statements or audited financial statements) and as of the end of the last completed month (balance sheet and profit and loss statement). The Seller hereby reserves the right to use these statements for communication with the insurance company.

1.7.3. Payment Terms

The standard payment term for issued invoices is 21 calendar days.
At the Buyer's request, the Seller may adjust the payment term, taking into account the Buyer's creditworthiness, payment history, and the volume of mutual business. The Seller reserves the right to shorten the payment terms for newly confirmed orders. However, the Buyer must be informed of this change no later than before the order is confirmed.

1.7.4. Extension of Due Date

Upon the Buyer's request, a one-time extension of the due date for an individual transaction may be granted, or an installment plan may be arranged. If approved, interest for the extended payment period is invoiced along with the goods/services at a pre-agreed rate. The extension of the due date must be negotiated before the invoice is issued. Once an invoice has been issued, the due date cannot be changed.

1.7.5. Buyer's Delay

In the event of the Buyer's delay in paying an invoice, the Seller is entitled to charge a contractual penalty, which the Buyer is obligated to pay. Unless otherwise agreed in writing between the Seller and the Buyer, the contractual penalty is 0.05% of the outstanding amount for each started calendar day of delay. The invoice for the contractual penalty is issued monthly in arrears if at least one invoice was paid late during the previous month. Failure to issue an invoice for the contractual penalty does not prevent the Seller from seeking the penalty through legal action.

1.7.6. Changes to Service Pricing

If a contract for long-term services with an automatic renewal clause is in place with the Buyer, the Seller is entitled to adjust the price of services for the next period no later than the contract termination deadline, particularly in response to changes in input costs (such as fuel, energy, spare parts, etc.), and must notify the Buyer of this change. If the Buyer does not agree with the price change, they are entitled to terminate the contract in writing within 30 days of receiving the Seller's notice. The termination period is 3 months, starting on the first day of the month following the delivery of the termination notice to the Seller.

1.8. Ordering Methods

1.8.1. Order

Goods or services can be ordered:

  • By email to the primary contact address as published on the Seller's website or to obchod@infomatic.cz
  • By mail to the Seller's office address (see the Seller's Contact Address section).
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Orders placed in this manner must contain the following basic information:

  • business name or full name of the Buyer and the Buyer's order reference number
  • date of order issuance
  • contact person and the Buyer's email address
  • requested place of delivery
  • requested delivery method and delivery address
  • ordered goods with individual product codes and quantities
  • for orders in which the Buyer orders only support services, it is stated,
    what type of service is requested and a list of items to be serviced, including their serial
    numbers
  • for orders in which the Buyer orders other services, it is stated what type of
    the type of service and where the service will be performed
  • In the event that a contract has been drawn up for services provided in the form of a project or delivery of goods,
    support services or other services, the deliveries shall be governed by the terms and conditions set forth in such contract.


1.8.2. Complete order

Goods are dispatched only after all items in the order have been secured in the required quantities. Upon mutual agreement between both parties, individual items may be dispatched on an ongoing basis according to availability.

1.9. Documents

1.9.1. Delivery note

The Seller shall issue a delivery note for every delivery of goods, which shall be sent to the Buyer together with the goods. The delivery note specifies the quantity, type of goods delivered, and the type and serial number, if registered for the given item. The delivery note is always sent together with the goods.

1.9.2. Proof of access to support services

For every delivery of support services, the Seller shall issue a confirmation of access (i.e., "License Protocol" for SW maintenance, "Certificate" for Goods), which specifies the type, duration, and date the support services were made available to the Buyer within the application tools of the Seller and its subcontractors designated for receiving, recording, and fulfilling individual service requests. The confirmation of access to support services for goods is sent to the Buyer together with the invoice.

1.9.3. Acceptance protocol

For every delivery of services, excluding service support, the Seller will issue an acceptance protocol by which the Buyer confirms the completion date of the services and the quality of the services performed. An invoice for the services will be issued to the Buyer based on the signed acceptance protocol; if the Buyer refuses to sign the acceptance protocol without a serious reason, the service is considered delivered 10 days after the date of issuance of the acceptance protocol, and the Seller is entitled to issue the invoice for the services.

1.9.4. Invoice

An invoice is issued for goods and services ordered by the Buyer from the Seller, which includes all statutory requirements and a reference to the Buyer's order in the header. The body of the invoice contains an itemized and priced list of the purchased goods or services. Invoices are delivered to the Buyer electronically via e-mail.

1.9.5. Tax credit note

The Seller will issue a tax credit note to the Buyer in the event that goods or services were delivered incorrectly by the Seller, or if the delivery was defective or incomplete (see the Returns section).
A tax credit note is also issued in the event of a subsequent price adjustment if a price other than the price stated on the agreed order was incorrectly invoiced.

2. Information

2.1. Telephone information

All information regarding goods or services, their prices, availability, delivery times, status of claims, and other information concerning the mutual business relationship between the Seller and the Buyer can also be obtained by contacting the relevant sales representative – the Seller's Primary Contact – by phone.

2.2. Advertising communications

The Seller is entitled to send advertising communications to the Buyer, including via e-mail. In accordance with Section 2(1)(e) of Act No. 40/1995 Coll., on the Regulation of Advertising, as amended, such advertising is not considered unsolicited advertising or advertising that leads to expenses for the Buyer or causes the Buyer annoyance. In accordance with Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services, as amended, the Buyer agrees to the use of their electronic contact details for the purpose of sending the Seller's commercial communications. The Buyer is entitled to withdraw this consent at any time free of charge.

2.3. Information about the Buyer

Information about the Buyer and the Buyer's responsible personnel is maintained in the Seller's internal systems. The Buyer is required to inform the Seller of any material changes without delay.

2.4. E-mail contact

The Buyer is required to provide the Primary Contact with an e-mail address to which documents will be automatically sent by the Seller, and the Buyer is required to report any change to this address without delay.

2.5. Personal data protection

By placing an order, the Buyer and the persons representing the Buyer, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter the "Regulation") and applicable Czech legislation, grant their consent to the processing of their personal data, namely their full name, contact address, telephone number, and e-mail address, for the purpose of inclusion and storage in an electronic database for the fulfillment of the contract concluded between the Seller and the Buyer and for sending commercial communications regarding the Seller's goods and services. The Buyer understands that such commercial communications will be sent via electronic means in accordance with Act No. 480/2004 Coll. The Buyer agrees that their aforementioned personal data may be processed only by the Seller's company as the data controller.

The Buyer declares that this consent is voluntary and that they are aware that they may withdraw this consent at any time free of charge. The Buyer acknowledges that in the event of withdrawal of consent, the Buyer's personal data will be deleted from the Seller's database and will no longer be processed. Granting this consent does not affect any previous consent the Buyer may have granted for the same purpose. The Buyer grants this consent for an indefinite period.

The supplier undertakes to protect the Buyer's personal data. This data will not be provided by the Seller to any third party, with the exception of entities designated by the Buyer for the delivery of goods from the Seller to the Buyer, where the provision of data to these entities (e.g., address and telephone number) is a necessary condition for the successful delivery of goods to the Buyer.

2.6. Governing law, jurisdiction

Legal relations between the Buyer and the Seller are governed by the laws of the Czech Republic, in particular the Civil Code. Any disputes between the Seller and the Buyer shall be subject to the jurisdiction of the Seller's general court in the Czech Republic.

3. Purchasing goods and services

3.1. Inquiry – Offer

In the case of larger deliveries of goods and services in the form of a project, it is possible to prepare an individual offer that meets the Buyer's requirements to the greatest extent possible. In justified cases, the Seller is entitled to charge a fee for preparing the offer. The fee must be approved by the Buyer in advance.

3.2. Delivery of Goods

By default, the Seller provides delivery of goods only within the territory of the Czech Republic and the Slovak Republic; outside these territories, only based on a special agreement with the Buyer.

3.2.1. Delivery via Carrier

Shipping – goods are delivered by a carrier from the Seller's warehouse directly to the address specified by the Buyer in the order. Goods are delivered with a delivery note.
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Personal collection – it is also possible to collect goods in person.
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The Buyer's order must include a specification of one of the delivery methods mentioned above.

3.2.2. Suspension of Deliveries

The Seller reserves the right to suspend the delivery of goods to the Buyer if the Seller has outstanding receivables from the Buyer that are more than 7 calendar days overdue.

3.2.3. Receipt of Delivery

The Buyer is obligated to check the condition of the delivery.
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Upon receipt of a delivery from a carrier, the Buyer is obligated to check the information on the waybill. If the information does not match reality, the original packaging of the goods is damaged, or the original sealing tape is broken, the Buyer is obligated to note this on the carrier's waybill or refuse the delivery in its entirety.
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The Buyer is subsequently obligated to check the physical contents of the shipment against the enclosed delivery note. If the contents of the shipment do not match the delivery note, the Buyer is obligated to note the discrepancies on the waybill or its attachment and have this confirmed by the carrier. If the carrier refuses to do so, the Buyer is obligated to refuse the delivery in its entirety.

3.3. Transfer of Ownership and Risk of Damage

In the event that the Seller arranges delivery of the goods via a carrier, the Buyer acquires ownership of the goods upon taking delivery from the first carrier; in the case of collection at the Seller's warehouse, the Buyer acquires ownership upon taking delivery at the warehouse. In the case of delivery via a carrier, the risk of damage to the goods passes to the Buyer at the time the goods are delivered to the Buyer; in the case of collection at the Seller's warehouse, the risk of damage passes at the moment the goods are taken from the Seller.

3.4. Export Restrictions

The Buyer is obligated to comply with any export restrictions under the laws of the Czech Republic and European Union regulations, if they apply to the delivered goods.

3.5. Returns

If the delivered goods and delivery terms do not correspond to the order, the Buyer is entitled to send the goods back, undamaged and complete, so that they are received at the Seller's warehouse no later than 10 business days after delivery.

The Seller will issue a corrective tax document for returned goods within 10 business days of the date the goods are received. If the goods are not returned within the deadline or are returned damaged, the Seller has the right to refuse them or charge for incurred costs and a cancellation fee of up to 15% of the price of the returned goods.

In the event of a return of goods that does not meet the stated conditions, the Buyer must have such a return approved in advance by the Primary Contact before shipping.

4. Claims

Only goods purchased directly from the Seller may be claimed. Claims do not apply to software under any circumstances, unless otherwise stipulated by a third party – the holder of the property rights to such software.

4.1. Types of claims

Return request. Incorrectly delivered goods. Claims for defective goods:

  • warranty
  • post-warranty
  • claims for goods with purchased service support.

4.2. Claim request

A claim request can be submitted via the Seller's primary contact. The Buyer is not automatically entitled to a successful claim resolution; each claim request will be assessed by the Seller on a case-by-case basis.

4.3. Handover of claimed goods

The Buyer is responsible for delivering the claimed goods to the Seller's address. The costs of delivering the claimed goods to the Seller are borne by the Buyer. In the case of claims for goods with purchased service support, the goods are sent to the manufacturer's address according to the instructions of the Seller's authorized representative. If the claimed goods are not delivered within 10 business days of the date the claim request is approved by the Seller, the Seller reserves the right to close the claim. The goods must be delivered in their original packaging if required by the manufacturer, or in packaging that ensures safe transport, including all accessories. For claims regarding defective goods, a copy of the purchase documents (invoice and delivery note) must be provided. If the shipment does not contain the aforementioned items, it will be returned at the Buyer's expense. If the claimed device contains additional modules, expansions, etc., the Seller is not responsible for any potential loss of these additional components.

4.4. Warranty period

The standard warranty period for goods sold by the Seller is 12 months. The warranty period begins on the date the delivery note is issued. The warranty does not apply to software under any circumstances.

4.5. Warranty claims

Warranty claims are resolved by replacement or by issuing a corrective tax document. The replaced goods are sent back to the Buyer at the Seller's expense. Once the corrective tax document is issued, the Seller becomes the owner of the claimed goods.

4.6. Post-warranty repairs

Post-warranty claims are subject to a fee. The Buyer will be informed in writing of the estimated cost of the repair/replacement; by accepting this price, the Buyer agrees to pay the invoice for the repair of the goods up to the amount of the estimated cost. The Seller reserves the right to refuse requests for repairs after the warranty period has expired.

4.7. Claims for goods with purchased service support

Claims for goods with purchased service support packages are handled by replacing the goods within the timeframes specified by the type of service support purchased. The Seller is not liable for any delays in replacing the goods that exceed the timeframes applicable to the purchased service support if such delays are caused by the manufacturer.

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Prague, May 25, 2022

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