Business Terms

Business Terms and Conditions
of MICRONIX, spol. s r.o. Online Store

(the “Business Terms and Conditions” or ”BTC”)


1. Definitions

Seller” in this BTC means the company MICRONIX, spol. s r.o. (Czech limited liability company), Company reg. No. 485 84 118, with registered office Prague 4, Antala Staška 1076/33a, P.C. 14000, a trade company registered in the Commercial Register administered by the Municipal Court in Prague under ref. C17675, that is an entrepreneur under provisions of Sec. 420 of Act No. 89/2012 Coll., the Civil Code (the “Czech Civil Code”).

Salesroom” in this BTC means the Seller’s salesroom located in Prague 4, Antala Staška 1076/33a, P.C. 14000, Tel. (+420) 225 282 744.

Website” means in this BTC the website www.micronix.cz.

Online Store” means in this BTC the Seller’s online store operated on the Website.

Consumer” means in this BTC, under Sec. 419 of the Czech Civil Code, a customer of the Seller’s Online Store who beyond its business activity or beyond individual performance of his profession enters into a contract or otherwise deals with the Seller as an entrepreneur under provisions of Sec. 420 of the Czech Civil Code.

Entrepreneur” means in this BTC under Sec. 420 of the Czech Civil Code such a customer of the Seller’s Online Store who performs independently a profitable trade or similar activity on their account and liability with the aim to do so permanently in order to gain a profit, or such a customer of the Seller’s Online Store who enters into a contract with the Seller related to the customer’s own business, production or similar activity or independent performance of their profession, or a person acting on behalf or on account of an entrepreneur under Sec. 420-(1) of the Czech Civil Code.

Buyer” in this BTC means both the Consumer and Entrepreneur.

 


2. Opening Provisions

2.1 The Business Terms and Conditions regulate particularly the mutual rights and obligations of the Seller and Buyer concerning the sale and purchase of goods in the Seller’s Online Store as well as their mutual rights and obligations resulting from a contract on purchase entered into by and between the Seller and Buyer under Sec. 1751-(1) of the Czech Civil Code (the “Contract on Purchase” or “Contract”).

 


3. Notification Before Conclusion of Contract on Purchase

3.1 By submitting an order in the Seller’s Online Store the Buyer confirms that he/she has read and agrees with these Business Terms and Conditions and he/she had an opportunity to get acquainted with the BTC well in advance before submitting the order.

 


4. Contract on Purchase

4.1 A Contract between the Seller and Buyer comes into existence on the moment an e-mail confirming the receipt of the Buyer’s order (acceptance) is sent by the Seller by electronic mail to the Buyer to the Buyer’s e-mail address specified in the order. Seller and Buyer hereby explicitly exclude application of Sec. 1732-(2) of the Czech Civil Code to the Contract.

4.2 To order the goods the Buyer must first select the goods in the Online Store and “add“ the same into the “shopping cart“ by clicking on the icon named “Add to cart”. Following that the Buyer must click on the button named “Pay” and in the following step select the transport and manner of payment; once selected, the Buyer must click on the button “Continue”. In the following step the Buyer must either register in the Online Store, or continue the order without registration by filling in the Buyer’s personal information. The step next offers summary of the order and review of the information input by the Buyer. Before submitting the order the Buyer is required to confirm his approval with these Business Terms and Conditions. After such approval is given, the Buyer confirms the order.

4.3 Before submitting the order to the Seller the Buyer is given a chance to review and change the information filled in the order by the Buyer and the Buyer is given the opportunity to find and correct any mistake occurred when filling in the information before submitting the order. When making an order the Buyer is obliged to provide all information true and correct. Thus the information appearing in the order form is considered true and correct by the Seller. Having received the order the Seller will immediately notify the Buyer of receipt thereof by an e-mail sent by electronic mail to the Buyer’s e-mail address as specified in the order form. Along with the confirming email the Seller will send to the Buyer’s email address specified in the order form the applicable wording of the Contract on Purchase in .pdf as well as these Business Terms and Conditions, by which the Seller’s obligation stipulated in Sections 1822 and 1827-(2) of the Czech Civil Code is deemed fulfilled. The concluded Contract is not archived by the Seller.

4.4 Contract may be entered into in the Czech language only. A concluded contract may be amended or terminated only upon agreement of both parties or by operation of law.

4.5 Seller reserves the right to reject the Buyer’s order in the form of order of goods or any part thereof submitted on the Seller’s Website particularly if the goods ordered by the Buyer is no longer produced or the price thereof has changed significantly on part of the producer of such goods. Seller will inform the Buyer thereof in an e-mail sent to Buyer’s email address as specified in the order. If the Buyer paid full or any part of the purchase price of the ordered goods before conclusion of the Contract and the Seller rejected to accept the order, the amount will be refunded to the Buyer’s bank account from which the purchase price was paid.

4.6 Depending on the nature of the order (amount of items, purchase price, estimated transport costs) the Seller has the right to request the Buyer any time before sending the confirming email for additional confirmation of the Buyer’s order (e.g. in an email or by telephone).

4.7 When entering into the Contract on Purchase the Buyer agrees with using distance communication devices.

4.8 Seller reserves the ownership right to the ordered goods under Sec. 2132 of the Czech Civil Code and the Buyer becomes the owner of the goods after payment of full purchase price thereof as specified in the Contract on Purchase.

 


5. Price of Goods and Payment

5.1 Prices shown on the Website are contractual and valid for the given order at the moment the order is submitted by the Buyer. Prices shown in summaries and offers on the Website are shown both VAT exclusive and inclusive and the price inclusive VAT includes all other taxes and fees except for delivery costs; delivery price is showed separately. Recycling fee is included in the price. This provision shall not prejudice the Seller’s right to sell the goods for individually agreed prices.

5.2 Price of the goods as specified in the Contract on Purchase as well as the delivery costs, if any, may be paid by the Buyer to the Seller in the manner selected in the order form as follows:

  • In cash in the Seller’s Salesroom;
  • By payment card in the Seller’s Salesroom;
  • In cash on delivery at the place specified by the Buyer in the order form;
  • By wire transfer to the Seller’s bank account upon an invoice (existing customers) or advance payment invoice.

5.3 If paid in cash in the Seller’s Salesroom, with payment card in the Seller’s Salesroom or in cash on delivery the purchase price is due and payable on receipt of the ordered goods. If paid by wire transfer the purchase price is due and payable by the due date specified in the invoice. If paid by wire transfer the Buyer’s obligation to pay the purchase price is fulfilled on the moment the respective amount is credited to the Seller’s bank account.

5.4 Seller may require the Buyer to pay any part of the purchase price in advance.

 


6. Transport and Delivery of Goods

6.1 Ordered goods will be delivered as soon as reasonably possible, usually within 2 up to 14 business days subject to availability of the goods and Seller’s operation facilities. Place of delivery is determined upon the Buyer’s order. Installation of the goods is not included in delivery. Transport to destination is arranged by the Seller in the manner selected by the Buyer in the order form from options specified in subs. 6.3 hereof.

6.2 Consignment with ordered goods includes an original tax document, instruction for use of the goods and guarantee certificate (if issued to the goods).

6.3 Ordered goods may be delivered in the following options as selected by the Buyer in the order form:

• Personally collected by the Buyer in Seller’s Salesroom within the following opening hours:

Mon      from 8 a.m.     to 5 p.m.
Tue      from 8 a.m.      to 6 p.m.
Wed     from 8 a.m.      to 5 p.m.
Thu      from 8 a.m.      to 5 p.m.
Fri        from 8 a.m.      to 4 p.m.

• By DPD courier service
˗ Express delivery of parcels in the Czech Republic within 24 hours; their a network of depots around the Czech Republic and 3 attempts to deliver the consignment to the addressee is an advantage;
˗ Goods are tacitly insured up to CZK 50,000; if the value exceeds CZK 50,000, Seller always subscribes an additional separate insurance policy;
˗ DPD courier delivers directly to address specified by the Buyer;
˗ DPD usually delivers on the following business day during usual business hours;
˗ If the Buyer wishes the goods to be delivered to other than invoice address, the delivery address may be specified in the order form in a special space named “Delivery Address” or in the button named “Note”.

• By Toptrans carrier service
˗ Within 48 hours in the Czech Republic, maximum consignment weight 50kg, impossible to divide a larger consignment into smaller ones, and for filled and charged car batteries.

6.4 Seller and Buyer may agree on some other manner of transport than those specified in the previous subsection hereof; in such case the Buyer shall bear the risk and possible additional costs resulting from such transport.

6.5 Price of transport of the ordered goods is the following:

• Personally collected goods in the Seller’s Salesroom
˗ Free of charge

• Parcel delivery by DPD courier service

 

Weight
 
Price per item
(excl. VAT)
Price per item
(incl. VAT)
+ Cash on delivery
excl. VAT
+ Cash on delivery
incl. VAT
0 - 30 kg CZK 75 CZK 91 CZK 35 CZK 42
30 - 50 kg CZK 110 CZK 133 CZK 35 CZK 42

 


• Parcels (pallets) of and over 50 kg delivered by Toptrans
˗ Transport charged according to price list of TOPTRANS EU, a.s.,
for more information please visit
http://www.toptrans.cz/portal/page/portal/toptrans_www_cz/ceny_prepravy

• Filled accumulators delivered by Toptrans

Weight
 
Price per item
(excl. VAT)
Price per item
(incl. VAT)
+ Cash on delivery
excl. VAT
+ Cash on delivery
incl. VAT
5 kg CZK 130 CZK 157 CZK 35 CZK 42
10 kg CZK 150 CZK 182 CZK 35 CZK 42
15 kg CZK 220 CZK 266 CZK 35 CZK 42
30 kg CZK 300 CZK 363 CZK 35 CZK 42
50 kg CZK 450 CZK 545 CZK 35 CZK 42
75 kg CZK 550 CZK 666 CZK 35 CZK 42
100 kg CZK 660 CZK 799 CZK 35 CZK 42

 

 


6.6 If it is necessary to deliver the goods repeatedly due to any reason on part of the Buyer or in another manner than the one indicated in the Buyer’s order, the Buyer will pay the costs resulting from repeated delivery of the goods or costs of different manner of delivery, respectively.

6.7 When taking the goods over from the carrier the Buyer shall check the consistency of packaging of the goods and if any defect is ascertained, the Buyer must notify the carrier immediately or no later than on the business day following the delivery. If the Buyer finds any disruption of the packaging suggesting any unauthorized intrusion in the consignment, the Buyer is not obliged to take the consignment over from the carrier.

 


7. Consumer’s Right to Withdraw from Contract

7.1 Sample instructions of the Consumer’s right to withdraw from the Contract under Sec. 1920-(1) par. f), g), h) of the Czech Civil Code under Government Regulation No. 363/2013 Sb.:

7.1.1 Right to Withdraw from Contract

7.1.1.1 Consumer has the right to withdraw from the Contract within 14 (fourteen) days with no reason provided.

7.1.1.2 Consumer has the right to withdraw from the Contract with no reason provided within 14 days from the day following the day on which the Consumer or a person authorised by the Consumer (other than the carrier) took the goods over (if there was a Contract entered into the subject of which is several different kinds of goods or delivery of several parts, the Consumer has the right to withdraw from the Contract within 14 days from the day on which the Consumer or a person authorised by the Consumer (other than the carrier) takes the last delivery of goods over).

7.1.1.3 In order to exercise the right to withdraw from the Contract the Consumer shall inform the Seller of such withdrawal in form of a unilateral legal act (for instance in form of a letter sent by postal service, facsimile or e-mail). Consumer may use the enclosed sample form for withdrawal, though he is not obliged to do so.

7.1.1.4 In order to preserve the period for withdrawal it is sufficient the withdrawal from the Contract is dispatched before lapse of the respective period.

7.1.2 Consequences of Withdrawal from Contract

7.1.2.1 If the Consumer withdraws from the Contract, the Seller will without undue delay, but no later than within 14 days from receipt of Consumer’s notification of withdrawal from the Contract, refund all payments received from the Consumer, including the delivery costs (except for any additional costs incurred as a result of the manner of delivery selected by the Consumer other than the cheapest standard delivery offered by the Seller). Seller will refund the paid amounts through the same payment means as utilized by the Consumer to make the initial transaction, unless the Consumer determines explicitly otherwise. In no case the Consumer incurs any additional costs. The Seller will refund the payment after the Seller receives the returned goods or if the Consumer proves the goods have been dispatched back, whatever occurs first.

7.1.2.2
a) Takeover of Goods
Consumer is obliged to send the goods back or hand the same over to the Seller at the address Prague 4, Antala Staška 1076/33a, no later than within 14 days from the date of withdrawal from the Contract. The period is deemed preserved if the Consumer sends the goods back to the Seller before lapse of 14 days.

b) Costs Incurred Due to Return of Goods
Consumer shall bear the direct costs of return of goods. If the nature of goods makes it impossible to return it by post, the Consumer will bear the direct costs of returning the goods; maximum estimated costs thereof are CZK 1,000.

c) Liability for Reduced Value of Returned Goods
Consumer is only liable for reduced value of the goods caused by handling the goods in a manner other than the manner necessary to get acquainted with the character, properties and functioning of the goods.

7.2 Seller wishes to notify the Buyer that the above right to withdraw from the Contract must not be understood as an opportunity to borrow the goods free of charge and return it after 14 days. Consumer has the right to handle the goods only in such manner that is necessary to get acquainted with the nature, properties and functioning of the goods. Should the Consumer handle the goods contrary to the previous sentence and thus causes damage to the goods, the Consumer is liable for reduced value of the goods and the Seller is allowed to set his claim for compensation of such damage off against the Consumer’s claim for refund of the purchase price of the goods. In such event the Seller has the right to refund the purchase price to the Consumer reduced by the incurred damage.

 


8. Seller’s Right to Withdraw from Contract

8.1 Seller has under Sec. 2001 of the Czech Civil Code the right to withdraw from the Contract or any part thereof if the goods ordered by the Buyer is no longer produced or supplied or the price charged by the producer of the goods ordered by the Buyer has changed significantly. The Seller will notify the Buyer thereof without undue delay in order to agree on further procedure. If the Buyer already paid a part or full price of the ordered goods, the respective amount will be refunded to the Buyer’s bank account from which the purchase price was paid.

8.2 Seller has under Sec. 2001 of the Czech Civil Code the right to withdraw from the Contract signed with an Entrepreneur without any reason provided any time until the goods are taken over by the Entrepreneur and will refund the purchase price without undue delay to the bank account from which the purchase price was paid.

 


9. Rights Resulting from Defective Performance

9.1 Rights and obligations of the Seller and Purchaser regarding the rights resulting from defective performance are regulated by respective provisions of the Czech Civil Code, particularly Sections 1914 through to 1925, Sections 2099 through to 2117 and Section 2161 through to 2174.

9.2 Seller shall bear a responsibility under Sec. 2161 of the Czech Civil Code to the Consumer that the goods ordered by the Consumer is free of defects, i.e. at the time the goods are taken over the Consumer

• The goods have the properties as agreed by the parties; if no such agreement exists, the goods have the properties described by the Seller or producer or which the Buyer expects with respect to the nature of the goods and advertising thereof by the Seller or producer;
• Goods are suitable for the purpose specified by the Seller or for the purpose for which the goods are usually used;
• Quality or design of the goods correspond to the agreed sample or model, provided that the design was determined upon agreed sample or model;
• Goods are delivered in required amount, scope or weight and comply with the requirements specified by the law.

9.3 Under Sec. 2161-(2) of the Czech Civil Code there applies in respect of the Consumer that should a defect manifests within 6 (six) months from takeover, the goods are deemed defective at the time of takeover thereof.

9.4 Under Sec. 2165-(1) of the Czech Civil Code there applies that the Consumer has the right to exercise the right resulting from a defect occurring in the consumer goods within 24 (twenty-four) months from takeover thereof; the same shall not apply to

• Items sold for reduced price due to a defect for which the reduced price was agreed;
• Wear and tear caused by usual use of the item;
• In respect to a used item to any defect corresponding to the wear and tear of the item at the moment of takeover thereof by the Consumer;
• If it results from the character of the item.

9.5 Section 2169 of the Czech Civil Code stipulates that should a thing lack the properties specified in Sec. 2161 of the Czech Civil Code, the Consumer may claim delivery of a new thing free of defects, unless such claim is inappropriate with respect to the character of the defect; if a defect pertains to a part of the thing only, the Consumer may claim exchange of such part; if such exchange is impossible, the Consumer may withdraw from the Contract. However, if such procedure is inadequate, particularly if the defect is remediable without undue delay, the Consumer has the right to have the defect removed free of charge. The Consumer has the right to have a new thing delivered or a part exchanged despite the defect is remediable provided that the Consumer is unable to use the thing properly for repeated occurrence of the defect after repair thereof or multiple defects. In such case the Consumer has the right to withdraw from the Contract. Unless the Consumer withdraws from the Contract or exercises the right to have the thing delivered free of any defect or repair of the thing, the Consumer may claim a reasonable reduction of price. Consumer has the right to claim a price reduction if the Seller is unable to deliver new thing free of defects, exchange a part thereof or repair the thing or if the Seller fails to remedy the defect within reasonable time or if such remedy is accompanied with considerable difficulties for the Seller.

9.6 Section 2170 of the Czech Civil Code stipulates that the Consumer is not entitled to exercise the rights resulting from defective performance if the Consumer had been aware of such defect before taking over the goods or if the defect was caused by the Consumer, particularly by inexpert handling with or assembly of the goods by the Consumer.

9.7 Under Sec. 1972 of the Czech Civil Code the rights resulting from a defect are exercised against the Seller personally in the Seller’s Salesroom during the above opening hours. Seller is obliged to issue to the Buyer a written certificate of the date of the Consumer’s complaint, the reason for the complaint and the manner of settling the complaint required by the Consumer. An employee authorized to deal with complaints must be always present in the Salesroom during the opening hours.

9.8 Seller shall resolve the Consumer’s complaint either immediately or within 3 (three) business days depending on complexity of the complaint. This period shall not include the time required for expert assessment of the defect, i.e. reasonable period depending on the type of goods. Complaint and removal of the defect must be settled and performed without undue delay, no later than 30 days from application of the complaint, unless the Seller and Consumer agree on extended period.

9.10 Quality guarantee under Sec. 2113 of the Czech Civil Code is provided to the Buyer in the scope depending to the product quality guarantee provided by the producer or importer of the goods. Information regarding the quality guarantee or guarantee period provided by the producer is shown on the Website in description of the goods, although such information is of pure informative character. The Seller will provide the Buyer with specific information concerning the quality guarantee of selected goods in reply to any telephone or email enquiry of the Buyer.

9.11 Quality guarantee under Sec. 2113 of the Czech Civil Code means that the Seller undertakes the goods will be for a certain period of time fit to be used for its usual purpose and preserve its usual properties. Guarantee or usability period specified on the label or advertisement shall have the same effect. Guarantee may be provided for an individual part of a thing as well. Guarantee period runs from handover of the thing to the Buyer; if the good is dispatched under Contract, the guarantee period runs from delivery of the goods to the place of destination. If the goods are commissioned into operation by a person other than the Buyer, the guarantee period runs from the date the goods are commissioned into operation, provided that the Buyer ordered the commissioning into operation within 3 (three) weeks from receipt of the goods and provided due and timely cooperation with such commissioning. Buyer has no right resulting from the guarantee if a defect is caused by an external event after the risk of damage of a thing passed on to the Buyer.

9.12 Buyer is obliged to take from the Seller over any goods that were the subject of a complaint within 30 (thirty) days from clearing of the complaint. Should the Buyer fail to take the goods that were the subject of a complaint over from the Seller within the given period, the Seller will store the goods under Sec. 2120 of the Czech Civil Code in the manner appropriate to the circumstances for following 30 (thirty) days and the Buyer is obliged to pay to the Seller the costs incurred by the Seller as a result of storing the goods in amount of CZK 30 per each day of the Buyer’s delay in taking over the good. Upon lapse of the period for takeover of the goods as specified in the first sentence the Seller will send an e-mail notification to the Buyer’s e-mail address specified in the order form informing the Buyer of the additional 30-day period running and that upon lapse of such additional period the Seller is under Sec. 2126 of the Czech Civil Code entitled to sell the goods in appropriate manner on the Buyer’s account. In such case of a self-help sale the Seller has the right to set the proceeds of the sale off against the Seller’s costs of storing the goods and reasonable expenses incurred in connection with such self-help sale of the goods. The proceeds from the self-help sale reduced by the costs of storing the goods and costs connected with the self-help sale thereof will be paid by the Seller to the Buyer’s bank account from which the original purchase price of the goods was paid or the Seller agrees with the Buyer on another manner of payment for the proceeds from the self-help sale of the goods.

 


10. Personal Data Protection

10.1 Seller processes the personal data under Act No. 101/2000 Sb., on protection of personal data and amendment of other acts as amended (the “Personal Data Protection Act”). Seller is registered with the Office for Personal Data Protection under registration number 00038584.

10.2 By submitting an order on the Seller’s Website the Buyer confirms that the Buyer has been informed thereof under Section 11 of the Personal Data Protection Act and that the Buyer under Section 5 of the Personal Data Protection Act agreed with the following:

• Seller will administer in the position of a personal data administrator the Buyer’s personal data specified in the order, i.e. the Buyer’s name, surname, address, e-mail address and telephone number (the “Buyer’s Personal Data”) in electronic form.
• Buyer’s Personal Data will be processed by the Seller’s authorized personnel. The administrator shall protect the Buyer’s Personal Data.
• Buyer’s Personal Data will be processed for the purpose of performing the Seller’s contractual obligations and for statistical and marketing purposes of the Seller.
• Buyer’s Personal Data will not be disclosed to any third party save the carriers transporting the goods to the Buyer in the manner selected by the Buyer in order to perform the Contract and within the scope required for performance thereof.
• Buyer as the data subject has the right to access his personal data processed by the Seller and to make corrections to such data.

10.3 Buyer has the right to access his personal data. Buyer as the data subject may request the Seller to explain the processing of personal data and changes thereof under Sec. 21 of the Personal Data Protection Act if the Buyer finds out or believes that the personal data are processed contrary to protection of his private and personal life and contrary to the law, particularly if the personal data are inaccurate with respect to the purpose of processing thereof. Accordingly the Buyer may request the Seller to remove the inaccuracies. Should the Seller fail to oblige such request, the Buyer has the right to address the Office for Personal Data Protection directly.

10.4 Buyer provides the personal data voluntarily in connection with conclusion of the Contract on Purchase, performance resulting from the Contract on Purchase and for marketing and statistical purposes of the Seller.

10.5 Buyer has the right to recall his consent with the personal data processing any time.

 


11. Final Provisions

11.1 All contractual relationships are subject to the Czech law. If the Buyer is a Consumer, the relationships not regulated herein are subject to the Czech Civil Code and Act No. 634/1992 Sb., on consumer’s protection as amended. If the Buyer is an Entrepreneur, the relationships not regulated herein are subject to the Czech Civil Code.

11.2 Seller has the right to sell the goods upon a trade licence. Competent Trade Licensing Authority shall perform the trade control within its jurisdiction. Issues of personal data protection are supervised by the Office for Personal Data Protection. Česká obchodní inspekce (Czech Trade Inspection Authority) supervises, inter alia, the observation of Act 634/1992 Sb., on consumer’s protection as amended.

11.3 These Business Terms and Conditions are effective from the date of its publication of the Seller’s Website and decisive in respective wording for all orders made on and from the same date onwards. On the date of publication of these Business Terms and Conditions the previous business terms and conditions are made invalid, without prejudice to Contracts on Purchase concluded under the previous business terms and conditions. Seller reserves the right to amend these Business Terms and Condition without prejudice to the Contracts on Purchase concluded previously under these Business Terms and Conditions. New wording of the Business Terms and Conditions will be published on the Seller’s Website.

11.4 These Business Terms and Conditions form an inseparable part of the Contract on Purchase. Special arrangements agreed with the Buyer in the Contract on Purchase overrule the contradicting provisions hereof.

11.5 All information concerning the goods published on the Seller’s Website are of informative character and no legal consequences may be derived from them.

 


Annex No. 1 to the Business Terms and Conditions

Form for withdrawal from the Contract under Sec. 1920-(1) par. f) of the Czech Civil Code and under Government Regulation No. 363/2013 Sb.

(Please fill this form in and send it back only if you wish to withdraw from the Contract)

Notice of Withdrawal from the Contract

Address:
MICRONIX, spol. s r.o.
Praha 4, Antala Staška 1076/33a, P.C. 140 00

E-mail: eshop@micronix.cz


I/We (*) give this notice to inform you of my/our withdrawal (*) from the Contract on Purchase of the following goods (*) / on provision of the following service (*)

Date of order (*) / Date of receipt (*)

Consumer(s) name(s) and surname(s)

Consumer(s) address(es)

Consumer(s) signature(s) (only if the form is sent in paper form)

Date


(*) Please cross the not applicable