TERM AND CONDITIONS

1. BASIC PROVISIONS AND TERMINOLOGY
1.1. Seller
1.1.1. The Seller is the legal entity stated in the header of the online store, in the shopping basket and on the tax document (hereinafter referred to as the “Seller”).
1.1.2. Fortemix, s.r.o., Kirilovova 812, 739 21 Paskov, Company Registration No. 26868211, VAT No. CZ26868211, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 28754.
1.1.3. Customer service contacts: email info@fortemix.com, address for correspondence and submission of complaints/returns: Fortemix, s.r.o., Kirilovova 812, 739 21 Paskov, Czech Republic.
1.1.4. Websites: www.fortemix.com localised versions www.fortemix.eu, www.fortemix.de, www.fortemix.sk, www.fortemix.pl, www.fortemix.es, www.fortemix.it.
1.2. Buyer
1.2.1. The “Buyer” is a person who enters into a contract with the Seller.
1.2.2. The “Consumer” is a natural person who enters into a contract with the Seller outside the scope of their business activity.
1.2.3. The “User” is any natural or legal person who uses the Seller’s website, regardless of whether they have entered into a contract with the Seller.
1.3. Unified Terms for All Product Lines
1.3.1. The “Products” are tangible goods supplied by the Seller (including system components, accessories, tools, consumables, packaging/pallets, etc.).
1.3.2. The “Services” are intangible performances provided by the Seller (in particular transport, unloading, installation, consultancy, training, servicing, technical support, etc.).
1.3.3. The “Custom Products and Services” are Products and Services manufactured/modified in accordance with the Buyer’s requirements (e.g. cut to size, non-standard dimensions, colour/structural modifications, printing/branding, individual assembly).
1.3.4. The “Technical Documentation” comprises technical data sheets, installation instructions, safety data sheets, declarations of conformity, approval protocols, storage and transport instructions, and other documents listed in relation to the Products and/or Services.
1.3.5. The “Price List” is the Seller’s current pricing and delivery specification (including charges for transport, handling, pallets/packaging, non-standard Services, etc.).
1.4. Documentation and Quality
1.4.1. Where Technical Documentation is listed for a Product, it shall be binding as part of the contract; for Services, the instructions and scope set out in the Offer / order / order confirmation may be binding.
1.4.2. The Seller declares that the Products meet the technical requirements stated in the relevant declarations of conformity; the technical properties are maintained for at least the shelf life indicated on the packaging or in the Technical Documentation.
1.5. Language, Written Form, Buyer’s Terms
1.5.1. The contract shall be concluded in the Czech language, unless the parties agree otherwise in writing.
1.5.2. Email, SMS and other text-based communication applications shall also be deemed to constitute written form, provided they are sent from/to contacts customarily used in the parties’ relationship.
1.5.3. Deviating arrangements in an individual contract shall take precedence.
1.5.4. The Seller generally does not accept the Buyer’s terms and conditions and shall exclude their application without undue delay by means of its own express declaration, where both parties refer to their respective terms and conditions.
1.6. Effectiveness and Amendments to the GTC
1.6.1. The GTC are effective from 1 May 2026.
1.6.2. Amendments to the GTC shall apply to contracts concluded after the publication of the new version.
1.6.3. Where a framework agreement exists, the Buyer may reject amendments by the procedure set out in the framework agreement.
1.7. Mandatory Consumer Rights
1.7.1. Where the Buyer is a Consumer, these GTC shall apply to the extent that they do not conflict with mandatory provisions of consumer protection legislation; in the event of conflict, the mandatory provisions shall apply.
2. CONCLUSION OF CONTRACT OUTSIDE THE ONLINE STORE (B2B – OFFERS, ORDERS)
2.1. Offer, Acceptance, Alternative Offer
2.1.1. On the basis of an enquiry, the Seller may issue an offer (hereinafter the “Offer”). The validity of the Offer is 30 days as standard, unless stated otherwise.
2.1.2. The contract is concluded upon delivery of the acceptance of the Offer to the Seller (by email or via CRM) or upon payment (including partial payment) of the agreed deposit. By paying the deposit / purchase price, the Buyer confirms the Offer in full and without reservation. Where the Buyer communicates acceptance / order via another text channel (e.g. SMS, WhatsApp), such communication shall be deemed an order/enquiry; the contract is not formed until confirmed by the Seller (typically by email or in the CRM) or upon payment of the deposit.
2.1.3. Where the Seller is unable to supply the originally requested Products and Services (e.g. unavailability), it may submit an alternative Offer; the contract is not formed until the alternative Offer is confirmed in writing by the Buyer. The Buyer may reject the alternative Offer.
2.1.4. Subsequent amendments to a concluded contract may only be made by mutual agreement in written form.
2.2. Non-Binding Nature of Price Lists and Information
2.2.1. Price lists, catalogues, website information, descriptions, parameters, prices and availability are indicative and may change prior to the confirmation of the order/Offer by the Seller. The binding information is that set out in the order/contract confirmation, the Offer and other documents issued by the Seller. Information or working procedures provided otherwise than in writing are non-binding and the Seller shall not be liable for them. Oral/telephone information is binding only upon written confirmation.
2.3. Order Requirements and Document Review
2.3.1. The order must contain the details required by the Price List and/or the Offer (in particular the specification of Products and Services, units, quantity, delivery date, and method of transport / provision of Services).
2.3.2. A complete order is considered to be one containing at minimum: (i) identification of the Buyer (name, and in the case of a Trader also the Company Registration No.), (ii) billing and delivery address, (iii) contact details (telephone, email), (iv) precise specification of Products/Services (code/name, quantity, units), (v) requested delivery date, (vi) chosen method of transport/collection and any unloading requirements, (vii) in the case of an individual project pricing discount, identification of the project/site.
2.3.3. To apply a site price/discount, a site number and additional details (project, address, contact person) may be required.
2.3.4. Incomplete orders may be returned by the Seller for completion; time limits shall run only from the point of completeness and confirmation by the Seller.
2.3.5. The Buyer is obliged to review the documents relating to the order (order/contract confirmation, transport notification, etc.) and to submit any comments in writing no later than the following working day; failing this, the documents shall be deemed binding.
2.3.6. The Seller is not required to fulfil orders exceeding its production or transport capacity and may cancel a reservation for an order or part thereof.
2.4. Minimum Order Lead Time (Batch Production)
2.4.1. For Products manufactured in planned batches, the Seller may require orders to be placed in advance (e.g. 5 working days for selected items / 30 days for others). Specific rules (including minimum lead times) are stated in the Offer, the order/contract confirmation or in the Technical Documentation.
2.5. Order Changes / Cancellation and Failure to Accept Delivery (B2B)
2.5.1. Order changes are only possible in writing and with the order identification stated.
2.5.2. A changed order shall generally be processed as a new order and placed at the end of the queue.
2.5.3. A change made after the contract confirmation has been issued may be subject to a charge equal to the actual costs incurred. A change or cancellation of a delivery after the transport notification has been sent may be subject to a charge per cancelled delivery; the Seller may also claim reimbursement of costs incurred (e.g. a wasted journey by the carrier).
2.5.4. Where the Buyer fails to accept the Products and Services within 7 days of the agreed date (in particular in the case of own transport), the Seller may cancel the order.
2.5.5. In the case of a Trader, the Seller may, upon cancellation of the order or failure to accept delivery, charge a contractual penalty of up to 100% of the purchase price of the Custom Products and Services. The specific amount of the contractual penalty shall be determined with regard to the nature of the contract and the agreed price, always in proportion to the circumstances of the case.
2.5.6. Where it is expedient in view of the circumstances, the Seller may, instead of the contractual penalty under Article 2.5.5, claim reimbursement of actually incurred costs and damages; where the contractual penalty has already been paid, it shall be set off against the damages to the extent permitted by law.
2.5.7. The Seller does not guarantee delivery on a precise date and time, nor delivery by multiple vehicles on the same day, unless expressly agreed otherwise.
3. CONCLUSION OF CONTRACT VIA THE ONLINE STORE (B2C AND B2B)
3.1. Presentation of Products and Services
3.1.1. The presentation of Products and Services on the website is informative and does not constitute an offer to conclude a contract.
3.1.2. Photographs may be illustrative; the product description and parameters shall be decisive.
3.2. Order and Conclusion of Contract
3.2.1. By submitting an order, the Buyer proposes the conclusion of a contract.
3.2.2. Automatic confirmation of receipt of the order does not constitute acceptance of the proposal.
3.2.3. The contract is concluded upon delivery of the express acceptance of the order (e.g. confirmation, payment request, dispatch confirmation, issue of a tax document).
3.3. Obvious Error
3.3.1. In the event of an obvious error in the price/quantity/description, the Seller is not obliged to conclude the contract.
3.3.2. Where the contract has already been formed and the error is apparent, the Seller may offer a correction or withdraw from the contract.
3.4. User Account
3.4.1. By registering, the Buyer may obtain an account.
3.4.2. The Buyer shall protect their access credentials; any misuse shall be reported without delay.
3.5. Ratings, Reviews and User Content (J)
3.5.1. Where the website allows the submission of ratings, reviews, photographs, comments or other contributions, the Buyer is responsible for ensuring that they are truthful, lawful and do not infringe the rights of third parties.
3.5.2. In particular, it is prohibited to submit content that is: (i) offensive, defamatory, discriminatory or threatening, (ii) infringing copyright or personality rights, (iii) containing personal data of third parties without authorisation, (iv) advertising/spam, (v) containing dangerous instructions or illegal offers.
3.5.3. The Seller is entitled to moderate, hide or remove contributions, in particular where they breach these GTC, legislation or the legitimate interests of the Seller.
3.5.4. By submitting a contribution or sending it to the Seller, the Buyer grants the Seller a non-exclusive, royalty-free, territorially unlimited licence to use it in connection with the presentation and sale of Products and Services (in particular display on the website, in a catalogue or on social media), for the duration of the relevant rights protection.
3.5.5. The Seller undertakes not to use contributions in a manner that would unlawfully infringe the personal rights of the Buyer; this does not preclude standard adjustments for technical format reasons (e.g. trimming, change of resolution), provided the meaning of the communication is not altered.
3.5.6. The Seller may label reviews as “verified” (e.g. from an account from which an order was placed) and may also accept reviews from professional users/installers.
3.5.7. Contact point for reporting objectionable content: info@fortemix.com.
3.6. Security, Abuse Prevention and Order Limits (Benchmark).
3.6.1. The Seller is entitled to take reasonable measures to protect Buyers and its systems (in particular identity verification, contact verification, verification of authority to act on behalf of a Trader, payment or delivery address verification).
3.6.2. The Seller may refuse, suspend or cancel an order (and refund payments received), in particular where:
3.6.3. there is reasonable suspicion of fraudulent conduct, misuse of payment instruments, circumvention of limits or abuse of promotional offers,
3.6.4. the details in the order are obviously false, incomplete, or do not correspond (e.g. an unachievable address, non-functional contact),
3.6.5. unusual account behaviour or a technical security incident has occurred.
3.6.6. The Seller may introduce quantity or value limits per order/Product (e.g. during promotional campaigns or in the event of limited availability).
3.6.7. The Buyer acknowledges that the system may temporarily block repeated payment attempts or repeated account creations; this does not affect the Consumer’s rights under applicable legislation.
4. PRICE, VAT, DISCOUNTS AND TAX REGIMES
4.1. Price
4.1.1. Unless stated otherwise, prices are:
4.1.2. inclusive of VAT for consumers,
4.1.3. exclusive of VAT for traders.
4.1.4. The purchase price does not usually include transport, pallets/packaging or non-standard services, unless agreed otherwise.
4.2. Discounts, Promotions and Benefits (I + Benchmark)
4.2.1. Bonuses, rebates, discounts and other benefits shall only apply upon the proper and timely settlement of all of the Buyer’s obligations.
4.2.2. Where the Buyer fails to pay the discounted price properly and on time and the delay exceeds 60 days, the discount may lapse and the Seller shall be entitled to demand payment of the full price without the discount.
4.2.3. Unless expressly stated otherwise, discounts do not apply to transport costs, pallets/packaging or selected Services.
4.2.4. Discount codes/vouchers/credits: where the Seller permits their use, the conditions stated for the specific promotion shall always apply (validity, minimum order value, combinability, range of Products). Unless stated otherwise, only one code/voucher may be applied per order.
4.2.5. In the event of partial withdrawal, return or cancellation of an order, the discount shall be recalculated to correspond to the Products and Services actually retained; where, without the returned part, the conditions for the discount (e.g. minimum value) would not be met, the Seller is entitled to charge the difference.
4.2.6. Free delivery / gift with order / bundle: where the provision of a benefit is conditional on the fulfilment of the promotional conditions (e.g. minimum order value, specific Products, number of items), then upon subsequent return of part of the order and non-fulfilment of the promotional conditions, the Seller is entitled to (i) charge the delivery cost, (ii) deduct the value of the gift, or (iii) require the return of the gift.
4.2.7. Prevention of abuse of promotions: The Seller may restrict repeated use of promotions, or refuse their application where there is reasonable suspicion of abuse or where the promotional rules have been breached.
4.2.8. Error in promotions: in the event of a manifest error in the setup of a promotion (e.g. a manifestly incorrect discount amount), the Seller may proceed in a manner analogous to Article 3.3.
4.3. Project/Individual Pricing Discount
4.3.1. Where the Seller grants the Buyer an individual pricing discount (e.g. a project discount), its conditions (in particular scope, validity period, intended use and any conditions for maintaining the price) shall be governed exclusively by the arrangements set out in the Offer, the order/contract confirmation or other written agreement between the parties.
4.4. Price Changes Outside the Online Store (B2B)
4.4.1. The Seller may adjust prices with effect notified to the Buyer at least 15 calendar days in advance.
4.5. OSS / EU VAT
4.5.1. Where the Buyer meets the conditions for the OSS (One Stop Shop) scheme, it acknowledges that the applicable VAT regime under EU rules may be applied to cross-border B2C supplies.
5. PAYMENT TERMS
5.1. Payment Methods
5.1.1. The Seller may offer in particular:
a) bank transfer,
b) online card payment,
c) online bank transfer (payment buttons),
d) cash on delivery (where offered),
e) cash/card payment on personal collection (where offered).
5.2. Online Payments – Comgate
5.2.1. The payment gateway provider is Comgate, a.s. (hereinafter “Comgate”). Information about the payment gateway is available at: https://www.comgate.cz/cz/platebni-brana.
5.2.2. Card payment: After selecting card payment, the Buyer is redirected to the secure interface of the Comgate payment gateway, where they enter their card details and authorise the transaction; upon successful confirmation, the Buyer is redirected back to the online store.
5.2.3. Payment via bank payment buttons (online bank transfer): After selecting a bank, the Buyer is redirected to their internet banking / mobile application, where pre-filled payment details are displayed; the Buyer confirms the payment and is redirected back to the online store.
5.2.4. Basic information on the payment process is also provided by Comgate at:
a) Card payments: https://help.comgate.cz/v1/docs/cs/platby-kartou
b) Bank transfers: https://help.comgate.cz/docs/bankovni-prevody
5.2.5. Comgate contact details for complaints or payment enquiries: Comgate, a.s., Gočárova třída 1754 / 48b, Hradec Králové, Email: platby-podpora@comgate.cz, Tel.: +420 228 224 267
5.2.6. Notice: The Comgate contacts are for resolving payment-related enquiries and complaints; complaints regarding Products and Services and other commercial enquiries are handled by the Seller in accordance with these GTC.
5.3. Due Date, Date of Payment, Tax Document
5.3.1. Unless agreed otherwise, the Seller may require payment before delivery (advance / pro forma invoice).
5.3.2. The date of payment for non-cash payments is the date on which the amount is credited to the Seller’s account.
5.3.3. Where the price is paid in cash, the payment confirmation issued by the Seller may serve as a tax document.
5.4. Application of Payments (Order of Priority)
5.4.1. Unless agreed otherwise, payments received shall be applied in the following order: costs, interest, contractual penalties, principal.
5.5. Delay by the Buyer (Late Payment Interest and Contractual Penalty)
5.5.1. Consumer
5.5.2. In the case of a delay in payment by the Consumer, the Consumer is obliged to pay the statutory late payment interest in accordance with the applicable legal regulations.
5.5.3. Trader
5.5.4. Where a Trader is in delay with payment, the Trader shall be obliged to pay late payment interest at the rate of 0.05% of the outstanding amount (inclusive of VAT) for each day of delay; where a lower rate is mandatorily prescribed under the governing law, that lower rate shall apply. Where a Trader’s delay in payment lasts more than 30 days, the Trader shall be obliged to pay a contractual penalty of 10% of the purchase price (payable upon demand). This does not affect the right to claim damages.
5.6. Suspension of Performance
5.6.1. Where the Buyer is delayed with payment, the Seller is entitled to suspend production / dispatch / further deliveries until full payment has been made.
5.7. Confirmed Delivery Note for Invoice
5.7.1. The Buyer is not entitled to request a confirmed delivery note in respect of an invoice, unless there is a case of loss of Products or a discrepancy between the invoiced and delivered Products.
5.7.2. A charge may be levied for the issue of a confirmed delivery note outside these circumstances.
6. DELIVERY, TRANSPORT, TRANSFER OF RISK
6.1. Place of Performance, Transfer of Risk
6.1.1. Unless agreed otherwise, the place of performance shall be the Seller’s warehouses.
6.1.2. Consumer: delivery of Products is fulfilled upon handover of the Products to the Consumer at the place of delivery; the risk of damage passes to the Consumer upon acceptance of the Products. Where the Seller arranges transport, this corresponds to the DAP delivery term (Incoterms 2020).
6.1.3. Trader: (i) where transport is arranged by the Seller, delivery is fulfilled in accordance with the DAP delivery term (Incoterms 2020); (ii) where transport is arranged by the Buyer (including own collection or a carrier designated by the Buyer), delivery is fulfilled in accordance with the FCA Paskov delivery term (Incoterms 2020) and the risk of damage passes to the Buyer upon handover of the Products to the carrier / at the point of handover.
6.1.4. The Seller may send the Buyer a transport notification and an indicative delivery time window; the precise delivery time is not guaranteed, unless expressly agreed otherwise.
6.1.5. For Custom Products and Services or batch production, the delivery period may only be confirmed upon contract confirmation.
6.1.6. Where no specific delivery date has been agreed with the Consumer, the Seller shall deliver the goods without undue delay.
6.2. Buyer’s Cooperation in Delivery (Pallet/Oversized Deliveries)
6.2.1. For pallet/oversized deliveries, where the Seller arranges transport, the Buyer shall, to the extent that it can reasonably be required, in particular:
a) notify the Seller of all restrictions and transport obstacles that may prevent the safe delivery of the ordered goods prior to the commencement of transport,
b) ensure unloading and the presence of an authorised person for acceptance and inspection, who shall confirm the delivery note,
c) ensure that access roads are passable for vehicles of up to 40 tonnes,
d) accept that the Seller endeavours to meet the requested delivery date but does not guarantee a precise time,
e) reimburse damages and costs arising from non-compliance with obligations (e.g. a wasted journey),
f) where the Buyer is unable to fulfil these conditions, it is obliged to inform the Seller prior to the commencement of transport.
6.2.2. The Buyer may not claim against the Seller for waiting charges, handling charges or similar costs arising on the Buyer’s side.
6.2.3. Where transport costs have been agreed and the actual transport costs exceed the agreed amount due to reasons on the Buyer’s side (in particular a change of delivery location, access restrictions, requirement for special equipment, repeated delivery, waiting beyond the agreed time), the Buyer shall be obliged to pay the difference. In other cases, the transport price arrangement in the Offer/order/contract confirmation shall apply.
6.2.4. Where the originally agreed method of transport proves unsuitable or impracticable (e.g. due to access restrictions), the Seller is entitled to propose an alternative method of transport; any difference in transport price shall be charged additionally in accordance with the Price List.
6.3. Unloading, Waiting, Hydraulic Crane Arm
6.3.1. Where unloading, waiting or delivery with a hydraulic crane arm is agreed in the Offer/order/contract confirmation, the conditions and charges set out in the Price List or in the mutual agreement of the parties shall apply.
6.3.2. The standard unloading time is 1.5 hours, unless agreed otherwise. Upon exceeding this time, a charge in accordance with the Price List may be levied. The unloading time shall be confirmed on the delivery note.
6.3.3. Where delivery with a hydraulic crane arm is agreed, a charge in accordance with the Price List may be levied, even if the arm is not used. Availability of the service may be regionally restricted.
6.4. Buyer’s Own Transport
6.4.1. Loading is only possible after the contract confirmation / confirmation of readiness has been issued.
6.4.2. The Seller shall not bear costs arising from the premature arrival of the Buyer’s vehicle.
6.5. Inspection of Consignment, Delivery Note, Transport Damage
6.5.1. The Buyer is obliged to inspect the packaging and any apparent damage upon acceptance.
6.5.2. Apparent transport damage must be recorded in the delivery note or other document confirming delivery and should be supported by photographic evidence; where transport is arranged by the Seller, the record shall be confirmed by the carrier.
6.5.3. Signing the delivery note without reservation confirms acceptance of the Products to the extent and in the condition apparent at the time of acceptance.
6.6. Failure to Accept Delivery, Storage Charges, Seller’s Withdrawal (B2B)
6.6.1. Where the Buyer fails to accept the Products and Services, the Seller may charge costs (transport, storage, repeated delivery).
6.6.2. Where the Buyer is in delay with acceptance, the Seller is entitled to issue a tax document / invoice as from the day of delay with acceptance.
6.6.3. Where the Buyer fails to pay the price within 10 days after the due date or fails to collect the Products and Services within 30 days of a collection notice, the Seller may withdraw from the contract; this shall be without prejudice to claims for damages and penalties.
6.6.4. In the case of Custom Products and Services, a contractual penalty under Article 2.5.5 may be applied upon failure to accept delivery; this shall be without prejudice to the procedure under Article 2.5.6.
6.7. Partial Deliveries and Separate Invoicing
6.7.1. The Seller is entitled to deliver the Products (and related Services) in instalments where required by production, logistics or availability, even without express agreement, provided the purpose of the contract is not thereby affected.
6.7.2. Each partial delivery may be invoiced separately.
6.7.3. Where part of an order is unavailable, the Seller may:
a) deliver the available part and deliver the remainder subsequently,
b) offer an alternative in accordance with Article 2.1, paragraph 3,
c) or, by agreement, cancel part of the order.
6.8. Territorial Scope of Delivery, Currency and Language
6.8.1. The online store is intended primarily for customers within the EU.
6.8.2. The Seller may refuse delivery outside the supported countries or to locations where the carrier is objectively unable to deliver (e.g. for security or operational reasons).
6.8.3. Unless expressly stated otherwise, prices are quoted in CZK; currency conversions (where displayed) are indicative only.
6.8.4. Language versions of the website are informative; the Czech version of the GTC shall be authoritative, unless expressly stated otherwise for a specific market.
7. STORAGE, HANDLING, PALLETS AND PACKAGING
7.1. Storage and Handling
7.1.1. Products must be stored on flat, load-bearing and drained surfaces and protected against moisture (e.g. against water ingress under protective sheeting) so as to prevent the growth of mould/fungi and surface damage.
7.1.2. During handling, it is prohibited to drop, tip without mechanical assistance or use means that cause impact, vibration or overturning.
7.2. Pallet Management
7.2.1. Where Products are delivered on pallets, and where this is agreed or stated in the Price List, a charge may be levied, and this charge may not be subject to discounts/bonuses.
7.2.2. The Seller may provide compensation for returned undamaged pallets in accordance with the Price List. The Buyer shall issue an invoice for returned pallets with an attached acceptance confirmation (standard payment term 30 days).
7.2.3. The entitlement to compensation may be conditional upon presentation of proof of payment for the pallets and fulfilment of the return conditions (type, condition, time limit, location), which shall be governed by the Price List or agreement between the parties.
8. WITHDRAWAL FROM CONTRACT – CONSUMER (14 DAYS)
8.1. The Consumer may withdraw within 14 days of accepting the Product; where there are multiple deliveries, the period runs from acceptance of the last delivery.
8.2. Withdrawal may be submitted, inter alia, to the address of the business premises or the Seller’s email address; the form in the annex may be used for withdrawal.
8.3. The Consumer shall bear the full costs of returning the Product, including the costs of returning oversized goods.
8.4. Return of the product is only possible to the address of the business premises: Fortemix, s.r.o., Kirilovova 812, 739 21 Paskov, Czech Republic.
8.5. The Seller shall refund all payments received, including delivery costs, no later than 14 days from the withdrawal. Where the Consumer chose a method of delivery other than the cheapest method offered, the Seller shall refund only the delivery costs corresponding to the cheapest method of delivery offered.
8.6. The Seller is not obliged to refund the payments before it receives the returned Products or before the Consumer proves that the Products have been dispatched, whichever is the earlier.
8.7. Payments shall be refunded by the same means by which they were received, unless the parties agree otherwise.
8.8. The Consumer is obliged to return the Products; the Consumer shall be liable to the Seller only for any diminution in the value of the Product resulting from handling the Product in a manner other than that necessary having regard to its nature and characteristics; in such a case, the Seller is entitled to set off the corresponding amount against the purchase price to be refunded.
8.9. Exceptions to the right of withdrawal include in particular Custom Products and Services (modified to order), perishable goods and goods irreversibly mixed with other items.
9. COMPLAINTS – CONSUMER
9.1. The Consumer may exercise rights arising from defects within 24 months of acceptance.
9.2. For the purpose of processing a complaint, the Seller may require completion of a complaints form and submission of the necessary supporting documents (in particular order/ document number, description of the defect, photographic documentation and contact details) in order for the complaint to be properly assessed.
9.3. The complaint shall be resolved without undue delay, no later than within 30 days, unless the parties agree on a longer period.
9.4. In the case of a disputed complaint, the Seller shall decide on acceptance within 10 working days of the complaint being submitted.
9.5. Complaints may be submitted to info@fortemix.com; the Seller shall promptly confirm receipt of the complaint and subsequently send information on its resolution.
9.6. Contacts and complaints procedure: info@fortemix.com.
9.7. Where a defect manifests itself within 1 year of acceptance, it is presumed that the item was defective at the time of acceptance, unless the nature of the item or the defect precludes this.
9.8. In the event of a defect, the Consumer is entitled in particular to have the defect remedied by repair or delivery of a new defect-free item, unless this is impossible or disproportionate; where the Seller fails to remedy the defect within a reasonable time or where this would cause the Consumer significant inconvenience, the Consumer may request a reasonable reduction in price or withdraw from the contract, always to the extent and under the conditions laid down by applicable legislation.
9.9. Inspection Before Installation and Procedure Upon Discovery of a Defect
9.10. For Products intended for assembly/installation (e.g. flooring, roofing systems and accessories), the Consumer shall, before installation, inspect in particular the type, quantity, batch/shade and apparent defects.
9.11. Where the Consumer discovers a defect that could have been discovered prior to installation, they are obliged to interrupt the installation and notify the Seller of the defect without undue delay.
9.12. Where the Consumer continues with the installation despite an apparent defect, the rights arising from defective performance may be limited to the extent to which the defect could have been discovered prior to installation and to the extent to which damage arose from the subsequent installation.
10. COMPLAINTS AND WARRANTY – TRADER (B2B)
10.1. The Trader is obliged to inspect the Products without undue delay upon acceptance.
10.2. Apparent defects (quality, packaging, damage, incorrect Products and Services, shortfall) must be notified in writing within 3 working days of acceptance.
10.3. Where transport is arranged by the Seller, apparent damage shall be recorded in the delivery note or other document confirming delivery and supported by photographic evidence; the record shall be confirmed by the carrier.
10.4. Where the Buyer fails to submit a complaint regarding apparent defects in time, the performance shall be deemed defect-free and the right to complain about such defects shall be extinguished.
10.5. Latent defects must be notified immediately upon discovery, in writing, with proof of purchase; the Products subject to the complaint must be accessible for inspection and labelled.
10.6. For the purpose of processing a complaint, the Seller may require completion of a complaints form and submission of the necessary supporting documents (in particular order/ document number, description of the defect, photographic documentation and contact details) in order for the complaint to be properly assessed.
10.7. The Seller shall as a rule assess the complaint within 30 days of receipt.
10.8. Where the defect is acknowledged, the Seller may provide a discount corresponding to the extent of the defect or restore the Product to its original condition, where possible.
10.9. The Trader shall not have the right to withdraw from the contract on the grounds of defects, unless otherwise agreed in writing between the parties.
10.10. Rights arising from defects must be exercised no later than the expiry of the period stated on the packaging / Technical Documentation; in any event no later than 1 year from acceptance, with a minimum period for exercising rights of 6 months (unless a longer shelf life applies).
10.11. The occurrence of a defect does not affect the obligation to pay the price.
11. INSPECTION BEFORE INSTALLATION AND WORK STOPPAGE
11.1. The Buyer is obliged to inspect the Products (type, quantity, batch/shade, apparent defects) before installation/assembly and to verify compatibility with the substrate and intended use.
11.2. Where the Buyer discovers a defect that could have been discovered prior to installation, they are obliged to interrupt the installation/assembly and submit a complaint without delay.
11.3. Where the Buyer continues with the installation/assembly despite an apparent defect, the Seller shall not be obliged to bear the costs of dismantling/assembly, downtime, loss of production or other consequential costs, and the rights arising from defects may be limited to the extent to which damage arose from the subsequent installation.
11.4. RMA / Complaint Reference Number and Complaint Logistics
11.4.1. For the purpose of processing a complaint, the Seller may require the assignment of an RMA (complaint reference number); without an RMA, the Seller may refuse to accept returned/complained Products.
11.4.2. The Buyer is obliged to:
a) label the Products subject to the complaint with the RMA number and attach a description of the defect,
b) package them so as to prevent further damage,
c) allow the Seller or its representative access for inspection at the installation site, where necessary.
11.4.3. Unless agreed otherwise, transport of the Products subject to the complaint shall be arranged and paid for by the Buyer; in the event the complaint is upheld, reimbursement of reasonable costs may be provided in accordance with applicable legislation / agreement.
12. RETURNS AND CANCELLATIONS – TRADER (B2B)
12.1. The Trader does not have a statutory right to withdraw without reason.
12.2. Return of Products is only possible with the prior written consent of the Seller and subject to the conditions stipulated.
12.3. Where the returned Products and Services are damaged, the Buyer must collect them at their own expense within 14 days, failing which the Seller may dispose of the Products and Services at the Buyer’s expense, unless otherwise agreed with the Seller.
12.4. Returns of Custom Products and Services may be excluded.
12.5. RMA for Returns
12.5.1. The Seller may require an RMA number for returns; without an RMA, the consignment may be refused.
12.5.2. The Seller may stipulate that returns will only be accepted:
a) in the original packaging and with complete documentation,
b) without signs of installation/use (unless the parties agree otherwise),
c) with the invoice/delivery note number stated.
12.5.3. Where the Buyer sends a return without consent or in breach of the conditions, the Seller may require the Buyer to collect it and may charge storage/handling fees and a contractual penalty in accordance with the Price List; this shall be without prejudice to any claim for damages.
13. RETENTION OF TITLE, SECURITY, PROCESSING
13.1. The Seller reserves title to the Products until all outstanding claims have been paid in full.
13.2. The Buyer is obliged to label, protect and store the Products separately until payment; in the event of intervention by a third party, the Buyer shall inform the Seller without delay.
13.3. Where the Buyer processes the Products into a new item, the processing shall be deemed to have been carried out on behalf of the Seller; the item created shall be (to the extent permitted by law) subject to retention of title in favour of the Seller.
13.4. The Buyer assigns to the Seller its (including future) claims against third parties arising from the resale of Products subject to retention of title; where the Buyer is in delay for more than 30 days, the Buyer is obliged to effect the assignment upon request to the required extent.
13.5. The Seller is entitled, in justified cases, to enter the premises where the Products subject to retention of title are located and to repossess them, where permitted by applicable legislation.
14. CONSIGNMENT WAREHOUSE (ONLY BASED ON A WRITTEN AGREEMENT)
14.1. Consignment warehouse is a warehouse of Products held at the Buyer’s premises, where the Products remain the property of the Seller until they are taken out of stock.
14.2. The Buyer shall provide the Seller with a monthly summary of Products sold (typically by the 5th day of the following month) and, upon request, information about the warehouse status at any time (within 3 working days).
14.3. The offer to conclude a contract of sale is made upon placement into stock; acceptance occurs upon removal from warehouse. Invoicing shall be carried out retrospectively for the preceding month.
14.4. Where the Buyer fails to submit the summary, the Seller is entitled at its own discretion to unilaterally invoice all or part of the Products in the consignment warehouse.
14.5. The Seller may require the return of all or part of the Products without undue delay (no later than within 10 days) at the Buyer’s expense.
14.6. The Seller has the right to carry out a physical warehouse count and to receive an explanation of any discrepancies; where the explanation is not satisfactory, the Seller may proceed as in the case of failure to submit the summary.
14.7. Where the shelf life has been exceeded or where Products have been in warehouse for more than 12 months, the Seller may invoice the purchase price of such Products.
14.8. Where the Seller is not granted access to the warehouse premises or where Products are not released and Services are not provided, a contractual penalty of CZK 5,000 may be agreed for each day of breach.
15. ASSIGNMENT, SET-OFF, RIGHT OF RETENTION
15.1. The Buyer may not, without the prior written consent of the Seller, assign or transfer its claims, rights, debts or obligations arising from the contract/GTC.
15.2. The Trader is not entitled to exercise a right of retention to secure its claims against the Seller.
15.3. The Seller is entitled to unilaterally set off its due claims against the Buyer’s claims (including claims for damages or diminution in value upon return of a Product).
15.4. The Trader may set off its claims only by written agreement or where such claims have been finally and conclusively established.
16. CONFIDENTIALITY OF INFORMATION
16.1. Non-public information provided in connection with the contract (technical documents, pricing conditions, non-public offers, know-how) is confidential.
16.2. The Buyer undertakes not to disclose, use outside the purpose of the contract or allow third parties access to confidential information without the written consent of the Seller.
16.3. The obligation of confidentiality shall continue after the termination of the contractual relationship.
17. DATA PROTECTION
17.1. The processing of personal data is governed by the Privacy Policy published on the website.
17.2. Data may be transferred to carriers and payment service providers to the extent necessary.
17.3. Recording of Telephone Calls
17.3.1. The Seller is entitled to record telephone calls with a User or Buyer who has provided their telephone number in the course of an order, registration or enquiry via the web interface, for the purposes of verifying the content of commercial negotiations (specification of Products and Services), protecting legal claims and improving service quality. Recordings shall be retained for the period strictly necessary for the stated purposes.
17.3.2. By submitting an order or enquiry, or by registering and accepting these GTC, the User or Buyer confirms that they have been clearly informed in advance about the recording of calls in connection with commercial negotiations. The parties acknowledge that, in view of this prior notice, the User or Buyer shall not be reminded by an audio recording upon subsequent telephone contact, and the parties consider this procedure to be sufficient to fulfil the information obligation.
18. CUSTOM PRODUCTS AND SERVICES, MADE-TO-MEASURE MODIFICATIONS AND BATCH PRODUCTION
18.1. What are Custom Products and Services
18.1.1. Custom Products and Services include in particular cutting / modification to size, non-standard dimensions, individualisation (colour, texture, printing/branding), assembly to specification, manufacture to drawing, batch production for a specific project or Services provided within an individually agreed scope.
18.2. Approval of Documents and Samples
18.2.1. Where the approval of drawings, specifications, templates or samples forms part of the contract, the Buyer is responsible for the accuracy of the documents and their timely approval.
18.2.2. After approval of the documents, any changes shall be deemed an order change under Article 2.5 (including possible changes to the production sequence, deadlines, costs and charges).
18.3. Tolerances, Deviations and Batch Differences
18.3.1. The Buyer acknowledges that in the case of Custom Products and Services and batch production, reasonable deviations may occur (dimensional tolerances, shade differences between batches, changes in surface texture), which shall not constitute a defect provided they are within the limits of the Technical Documentation or customary tolerances.
18.3.2. Recommendation: for a single site, Products should be ordered from one production batch, where capacity permits.
18.4. Order Cancellation, Failure to Accept Delivery and Exclusion of Returns
18.4.1. Custom Products and Services are not as a rule returnable; for the Consumer, the 14-day withdrawal right is generally excluded where the Product has been modified to their specification.
18.4.2. In the case of a Trader, where the contract is cancelled after the contract confirmation has been issued or where the Trader fails to accept Custom Products, the Seller is entitled to apply the contractual penalty under Article 2.5.5 (in particular where the contract cannot be sold to a third party); this shall be without prejudice to the procedure under Article 2.5.6. In the case of a Consumer, any claims of the Seller upon cancellation of the contract shall be assessed in accordance with applicable legislation and agreed arrangements.
18.4.3. Where the Buyer fails to accept Custom Products within the agreed time, the Seller may charge storage fees and costs; following an unsuccessful notice, the Seller may withdraw from the contract.
18.5. Partial Deliveries and Capacity Planning
18.5.1. Custom Products and Services may be provided/delivered progressively (in partial deliveries) where required by production or logistics.
18.5.2. Deadlines are indicative unless expressly agreed as fixed.
19. LIABILITY, PROTECTION OF RIGHTS, FORCE MAJEURE AND DISPUTE RESOLUTION
19.1. Customer Support and Complaints
19.1.1. Complaints and suggestions may be submitted to info@fortemix.com.
19.1.2. The Seller shall confirm receipt of the complaint and communicate the next steps within a reasonable time.
19.2. Out-of-Court Settlement of Consumer Disputes (ADR)
19.2.1. The Czech Trade Inspection Authority (CTIA) is competent for the out-of-court settlement of consumer disputes arising from contracts of sale – contact details are published on the CTIA website.
19.3. Liability and Limitation of Damages
19.3.1. The Seller shall be liable for damages to the extent prescribed by applicable legislation.
19.3.2. Information or working procedures provided otherwise than in writing are non-binding and the Seller shall not be liable for them. The Seller shall not be liable for damage sustained by the Buyer as a result of improper handling of the Product, in particular non-compliance with the requirements set out in the Technical Documentation and on the product packaging, nor as a result of processing/installing a Product with a defect that the Buyer could and should have identified.
19.3.3. Trader: unless prohibited by applicable legislation, the Seller shall not be liable for loss of profit, loss of production, loss of data, indirect or consequential damages, or for costs arising from incorrect assembly/installation, improper use, combination with incompatible materials or failure to comply with the Technical Documentation.
19.3.4. Trader: total liability for damages (including contractual penalties, unless agreed otherwise) shall be limited to the amount of the price actually paid for the defective Products/ Services to which the damage relates.
19.3.5. The limitations set out in this article shall not apply in the case of damage caused intentionally or by gross negligence, and in other cases where this is not permitted by applicable legislation.
19.4. Use of Website, Service Availability and Security
19.4.1. The Seller may temporarily restrict the availability of the website due to maintenance, third-party outages or force majeure; the Buyer acknowledges that restrictions on orders or changes in availability may occur.
19.4.2. The Seller is entitled to refuse or cancel an order (and refund payments received) where it has reasonable suspicion of system abuse, fraudulent conduct, a manifest error in the price or breach of these GTC.
19.4.3. The Seller is entitled to suspend or cancel a user account in particular in the event of repeated breach of the GTC, account abuse or a security risk.
19.5. Intellectual Property and Documentation
19.5.1. The Seller’s Technical Documentation, catalogues, photographs, graphics, logos, know-how and other materials are protected by applicable legislation.
19.5.2. The Buyer is entitled to use the Technical Documentation only for the purposes of selecting, installing and using the Products and Services; without the prior written consent of the Seller, the Buyer may not distribute, modify or use it for competitive purposes.
19.6. Force Majeure
19.6.1. The parties shall not be in delay for the duration of a force majeure event (in particular a natural disaster, war, pandemic, power outage, strike, transport restrictions, decisions of public authorities, significant supplier disruption).
19.6.2. The party affected by force majeure shall notify the other party of its occurrence without undue delay and shall take reasonable measures to mitigate the effects.
19.7. Governing Law, Jurisdiction, Severability
19.7.1. The relationship shall be governed by the law of the Czech Republic; the mandatory rights of the Consumer arising under the law of their country of habitual residence shall not be affected.
19.7.2. Disputes with a Trader shall be resolved by the courts having jurisdiction over the Seller’s registered office.
19.7.3. The invalidity or ineffectiveness of any part of the GTC shall not affect the other provisions.
19.7.4. The parties are obliged to minimise potential damages, losses and risks to the extent possible.
20. ANNEX A – MODEL WITHDRAWAL FORM
Addressee (Seller):
Fortemix, s.r.o.
with registered office at Kirilovova 812 739 21 Paskov
ID NO.: 26868211
Email: info@fortemix.com

Notice of Withdrawal from Contract
I/We (full name / company name): …………………………………………………………………………………………………
Address (street, number, postcode, city, country): …………………………………………………………………….. Telephone: ………………………………………………… Email: ………………………………………………………………….
I/We hereby give notice that I/we withdraw from the contract of sale relating to the following goods/service: Name of goods/service: …………………………………………………………………………………………………………………
Order/document number: ………………………………………………………………………………………………………………
Date of order: ………………………………………………… Date of acceptance: …………………………………….
Number of items/quantity: ……………………………………………………………………………………………………………..
Method of returning goods (delivery / courier / in person): ……………………………………………………….
Bank account number for refund (IBAN or CZ account): ……………………………………………………………
Optional – reason for withdrawal (not required): ……………………………………………………………………….. Date: ………………………………………………………………………………………………………………………………………………….
Signature (only where the form is submitted in paper form): …………………………………………………….

Instructions for returning goods:
Please send or hand over the goods without undue delay (no later than 14 days from the date of withdrawal) to the following address: Fortemix, s.r.o.
Kirilovova 812
739 21 Paskov, Czech Republic

Notes: The Consumer shall bear the costs of returning the goods, including any costs of returning oversized goods, unless stated otherwise for a specific product.