Terms and conditions of the B2B e-shop CM Trade Via

1. Basic Provisions

Operator of the online store: CM Trade Via s. r. o., Company ID: 25510681, VAT ID: CZ25510681, with its registered office at Olomoucká 3419/7, 618 00 Brno-Židenice, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File No. 29176, established under the laws of the Czech Republic (hereinafter referred to as the "Seller").
Seller's Contacts: Customer line – inquiries regarding products, prices, orders, claims, etc.: e-mail info@cm-trade.cz, phone +420 549 274 164.
These Terms and Conditions (hereinafter referred to as "T&C") govern the relationship between the Seller and the Buyer in connection with the sale of products offered by the Seller.
"Buyer" means a natural or legal person who enters into a contract with the Seller or otherwise deals with the Seller in connection with their own business or other professional activity, within the independent exercise of their profession, or on behalf of or for the account of an organization. If a natural person enters into a contract with the Seller as a representative of a legal or natural person (e.g., on behalf of their employer), by entering into this contract, they declare that they are authorized to act on behalf of that person and accept the obligations contained in the contract.
Purchasing in the CM Trade Via online store is intended only for Buyers who are contractual partners of the Seller and purchase products for the purpose of their further resale to end customers in Czechia, Slovakia and Hungary.
Product photographs in the Seller's offer may be illustrative. Information about products and prices provided by the Seller in its offer is binding, except for obvious errors. Unless stated otherwise for specific products, prices are presented excluding VAT, but including all fees applicable in the Czech Republic. Product prices do not include delivery costs.
The Buyer acknowledges that final product prices may be stated after rounding to the nearest whole crown in accordance with relevant legal regulations. For this reason, in specific cases, slight differences may occur in the final total sum of simultaneously ordered products compared to the simple sum of the stated prices.
Acceptance of an offer with an amendment or deviation is not an acceptance of the offer. Confirmation of the content of a contract concluded in a form other than writing, which shows deviations from the actually agreed content of the contract, has no legal effect.
Acceptance of unsolicited performance by the Buyer does not constitute acceptance of an offer.
Deliveries to the Buyer may be made to their electronic address.
The Buyer agrees to the use of remote communication means when concluding the purchase contract. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the Buyer themselves, and these costs do not differ from the basic rate.

2. Buyer's User Account

The Buyer orders products in the Seller's e-shop via their user account. Access to this account is secured by a username and password. The Buyer is obliged to keep these access details confidential and is not authorized to provide these details to third parties.
The Buyer is obliged to keep the information in their account up to date.
The Seller is authorized to restrict or cancel the Buyer's account, particularly in cases where the Buyer has stopped using their account or has violated their obligations arising from these T&C.
The Buyer acknowledges that the e-shop or user account may not be available continuously, especially in cases of necessary technical maintenance of the e-shop system.

3. Conclusion of Contract and Delivery of Product

The contract is concluded at the moment the Seller dispatches the order to the Buyer, about which the Seller informs the Buyer via a written confirmation. By concluding the contract, the Buyer confirms that they have familiarized themselves with these T&C and agree to them.
The Seller shall deliver the products to the Buyer complete no later than 15 days from the order confirmation, unless a different delivery period is stated for individual products. If a product is marked as "in stock", the Seller shall dispatch it no later than two business days. If the Buyer orders multiple products with different availability times, the delivery time shall adapt to the product with the longest availability time, unless a different order processing procedure is agreed between the parties.
The Buyer is obliged to take over and pay for the product. The Buyer is recommended to check the product as soon as possible upon takeover. The Buyer is obliged to inspect the product received from the Seller and notify the Seller of visible defects without undue delay. If they fail to do so, they may lose the right to claim these defects, unless they prove that the defects were caused by the Seller's negligence.
The Buyer becomes the owner of the product only after full payment of the purchase price to the Seller.
Documents for the product, particularly the tax document (invoice), confirmations, and certificates, shall be sent by the Seller to the Buyer immediately after the product is taken over, no later than two days after takeover by the Buyer.
If requested by the Buyer, the Seller shall confirm in writing the extent and duration of its obligations from defective performance and how the Buyer can exercise their rights from them.
If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
After submitting the order, the Buyer has the option to use the payment gateway service, which redirects them to their bank's internet banking or a secure page for card payment. After the transaction is completed, the gateway passes information about its execution to the Seller, who can dispatch the product immediately after receiving the payment confirmation. Money transfers are carried out through the bank accounts of ComGate Payments, a.s. Sensitive input data entered by the Buyer into the internet banking system are protected by the banks' payment gateways and do not enter third-party environments. Payment processors see only transaction information provided by the bank with the sent transaction.
If the Buyer does not take over the product at the agreed time for reasons on their part, the Seller is authorized – after demonstrably notifying the Buyer by e-mail and providing a new reasonable period for takeover, and if the Buyer fails to take over the product again – to withdraw from the contract and sell the product in a suitable manner to another person. The Seller is authorized to offset the storage costs and the costs of futile delivery due to the lack of cooperation on the part of the Buyer in the necessary amount against the sales proceeds.
The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

4. Available Methods of Delivery and Payment

Currently offered options are listed on the separate Shipping and Payment page.

5. Order Cancellation, Withdrawal from the Contract

Withdrawal from the Contract by the Buyer

The Buyer is authorized to withdraw from the contract at any time before the product is delivered.
The Buyer may withdraw from the contract if the Seller does not fulfill the contract, is in delay with delivery for more than 31 days, or the delivered product shows a fundamental defect.
Withdrawal must be in writing. To facilitate communication, it is advisable to state the purchase date or order number, bank details, and the chosen method of returning the product in the withdrawal notice.
If the Buyer has already paid for the order, the Seller is obliged to return to the Buyer the amount fully corresponding to the price of the product within 14 days of withdrawal from the contract, using the same method as the payment was received from the Buyer.
The Seller is not obliged to return the amount to the Buyer before the Buyer delivers the product or proves that they have sent the product to the Seller.
If an agreement is made to return the amount in cash at the Seller's office, the Seller may condition the payment on the presentation of a personal ID of the person receiving the amount, or a power of attorney granted by the Buyer's statutory representative to this person (unless the person is a statutory representative themselves).
If the Seller provided the Buyer with a gift or another bonus with the ordered product, by withdrawing from the contract, the Buyer loses the right to this bonus and is obliged to return it to the Seller along with the purchased product. If the bonus is a service or another intangible item, the Buyer is obliged to refrain from any handling of it, and the Seller is authorized to prevent the Buyer from handling the bonus by technical means (e.g., by disabling access to an online service). If the bonus is not returned by the Buyer, its value will be treated as unjust enrichment of the Buyer. If returning the bonus is not possible (e.g., due to its consumption), the Seller becomes entitled to financial compensation in the amount of the usual price of the bonus.

Withdrawal from the Contract by the Seller

The Seller is authorized to withdraw from the contract at any time before the product is delivered if it is objectively unable to deliver the product to the Buyer within a period reasonable under the circumstances due to reasons on the part of third parties, or if it becomes clear that the Buyer has previously violated a contract concluded with the Seller.
The Seller may withdraw from the contract due to:
a. a material breach of contract by the Buyer, particularly delay in payment of the price or its part;
b. delay in fulfilling any other obligations towards the Seller by the Buyer.
The Seller also informs the Buyer that the contract is not concluded if there are legitimate doubts about the true identity of the Buyer or in case of obvious errors in the provided information about the product or price.
If the Seller withdraws from the contract, the Buyer is entitled to a refund of the already paid price for the ordered product by bank transfer to an account designated by the Buyer. However, in case of a material breach of contract by the Buyer, the Seller is authorized to offset demonstrable claims arising as a result of the Buyer's breach of obligations (e.g., damages or increased costs) against the Buyer's claim.

6. Liability for Defects, Claims Procedure

The rights and obligations of the contracting parties regarding rights from defective performance are governed by relevant generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117 of the Czech Civil Code).
The Buyer, in exercising rights from defective performance, acts in the role of a mediator responsible for processing the requirements of their end customers. Unless agreed otherwise by other contractual documents, the end customer exercises their rights with the Buyer as their supplier.
The Seller is liable to the Buyer that the product is free from defects at the time of takeover by the Buyer, specifically that:
- the product has the characteristics agreed upon by the parties, and in the absence of an agreement, such characteristics as the Seller described in its offer or which the Buyer could expect with regard to the nature and purpose of the product;
- the product is suitable for the purpose stated by the Seller for its use or for which a product of this kind is usually used;
- the product is complete, in the appropriate quantity, size, or weight, usual design, and quality;
- the product complies with the requirements of legal regulations, contractual, or pre-contractual parameters.
If a defect manifests itself within twelve months of takeover of the product by the end customer, it is assumed that the defect already existed at the time of takeover.
The Seller is not liable for defects caused by:
- wear and tear of the product due to its usual use;
- damage to the product due to its use in conditions where the temperature, dust, humidity, chemical, and mechanical influences do not correspond to the environment directly designated by the seller or manufacturer;
- damage to the product by improper or careless use, overloading, unprofessional installation, handling, operation, unprofessional intervention or modification of parameters, or neglect of product care;
- damage to the product by natural elements or force majeure;
- modification of the product by the Buyer;
- use of the product together with another item that is not compatible with the product or limits its functionality in any way;
- failure to follow the instructions for use.
For used products sold, the Seller is not liable for defects corresponding to the degree of previous use or wear. For products sold at a lower price, the Seller is not liable for the defect for which the lower price was agreed. Instead of the right to replacement, the Buyer is entitled to a reasonable discount in these cases.
Unless stated otherwise by the Seller, the Seller's liability for defects does not apply to any gifts and other bonuses that the Seller gives to the Buyer with the ordered products.
The period for claiming defects pointed out by the Buyer's end customer is agreed at 24 months. The period ends on the same day of the month, i.e., with the same number that applied on the day of takeover of the product by the end customer, only the relevant number of months later. In other cases, the period is agreed at 12 months from takeover of the product by the Buyer.
The Buyer shall hand over or send the claimed product to the following address of the Seller:
CM Trade Via s. r. o.
Claims Department
Olomoucká 3419/7
618 00 Brno-Židenice
Czechia
The accompanying documentation for the claim must contain at least the following:
a. a written description of the defect,
b. the date and place of sale to the end customer, or a copy of the sales document issued to the end customer,
c. contact information for the person responsible for processing the claim on the Buyer's side.
The Buyer undertakes to provide the Seller with maximum cooperation in processing the claims of their end customers. The Buyer shall pass the claims of their end customers to the Seller without undue delay. The Buyer shall respond immediately to any deficiencies in the accompanying documentation of the claim or the Seller's inquiries. The Seller bears no responsibility for delays in processing the claim caused by delays or insufficient cooperation on the part of the Buyer.
Based on the choice of their end customer, the Buyer may request the delivery of a new product without a defect or repair of the product, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this shall be assessed particularly with regard to the significance of the defect, the value the product would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the Buyer or their end customer. The Seller may refuse to remove the defect if it is impossible or disproportionately expensive, particularly with regard to the significance of the defect and the value the product would have without the defect.
The Seller shall issue a written confirmation to the Buyer as to when the Buyer exercised the right, what the content of the claim is, and what method of processing the claim the Buyer requires. After the claim is processed, the Seller shall further issue a confirmation to the Buyer regarding the date and method of processing the claim, including a confirmation of any repair performed and its duration, or a written justification for rejecting the claim. This obligation also applies to other persons designated by the Seller to perform the repair.
The Seller is not obliged to satisfy the Buyer's claim if it proves that the Buyer or his end customer knew about the defect before takeover or caused it himself.
Costs for delivering the claimed product to the Seller shall be borne by the Buyer.
The Seller is not authorized to demand from the Buyer reimbursement of costs incurred for processing an unjustified claim of an end customer.
The Buyer is obliged to check the claimed product received from the Seller and notify the Seller of visible defects without undue delay. If they fail to do so, they may lose the right to claim these defects, unless they prove that the defects were caused by the Seller's negligence.
The Seller is not liable for defects arising on the claimed product after its takeover by the Buyer, unless the Buyer proves that they arose due to a defect in the product itself.
If the Buyer does not take over the product within 30 days of the end of the claim procedure and after repeated requests from the Seller, the Seller is authorized to charge the Buyer storage costs of 0,8 € for each day of storage. The Seller is authorized to dispose of a product not taken over even after 6 months from the end of the claim procedure.
The Seller is not liable to the Buyer for any harm, damage, or defects that arose due to circumstances that it could not foresee or prevent even with the exercise of care that can reasonably be expected from it. The Seller is not liable for damages caused by a product defect if the Buyer was supposed to warn it of the possibility of imminent damage in advance but failed to do so or warned it late, or if the Buyer did not exercise all possible care to prevent the damage or at least minimize it.
The Seller or another person may provide the Buyer or their end customer with a quality guarantee beyond their statutory rights from defective performance. This premium guarantee may be stated in the product offer on the Seller's website or in the product documentation.

7. Personal Data Protection, Commercial Communications

The Buyer acknowledges that the personal data provided by them will be processed and stored by the Seller in accordance with legal regulations on personal data protection for the purpose of fulfilling the subject of the contract.
Details on the scope of processed data are described in the separate Privacy Policy document.
In accordance with Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amending Certain Acts, as amended, the Buyer agrees to the sending of commercial communications by the Seller to the Buyer's electronic address or phone number. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR regulation related to the processing of the Buyer's personal data for the purposes of sending commercial communications through the Privacy Policy document.
The Buyer may inform the Seller that they wish to terminate the sending of commercial communications without incurring any costs, through a designated website accessible via a link provided in each such communication or the e-mail address from which the communication was received.

8. Dispute Resolution

Mutual disputes between the Seller and the Buyer shall be resolved by general courts.

9. Miscellaneous

Other matters not mentioned herein are governed by the laws of the Czech Republic, particularly the Civil Code (No. 89/2012 Coll.) and other legal regulations.
The contract and related issues are governed by Czech law.
Changes to the terms and conditions in a form other than a mutually agreed written form are excluded.

These T&C are valid from July 28, 2025.


CM Trade Via s. r. o. has been part of the Czech investment fund ADAX Fond firemního nástupnictví SICAV, a.s. since 2022.