EVOLVEO General Business Terms and Conditions
1. COMPANY CONTACT INFORMATION
| Company name: | Abacus Electric, s.r.o. |
| Seat: | České Budějovice, Planá 2, Postcode 370 01 |
| Company registration number: | 45022828 |
| Incorporated in: | companies register administered by the Regional Court in České Budějovice, Section C, Volume 1228 |
| List of establishments: | www.evolveo.eu |
(hereinafter referred to as the "
Seller")
2. PREAMBLE
| 2.1 | These General Business Terms and Conditions hereinafter referred to as "GBTC") govern the rights and obligations of the Seller and of natural persons, as well as legal entities, as its customers (hereinafter in common referred to as "Purchaser") arising in connection or based on a purchase agreement concluded between the Seller and the Customer by way of remote means (hereinafter referred to as "Purchase Agreement"). |
3. NOTIFICATIONS BEFORE THE CONCLUSION OF AGREEMENT
| 3.1 | Purchaser presents a proposal in such a way that the Purchaser remits a binding purchase order via a filled-our purchase order form. | 3.2 | Seller confirms to Purchaser forthwith having received such binding purchase order by sending a confirmation e-mail to Purchaser’s electronic mailbox. | 3.3 | Purchase Agreement is concluded at the moment when the acceptance of a binding purchase order (acceptance) by the Seller is delivered to the Purchaser’s electronic mailbox. |
4. PRODUCT PRICES AND PAYMENT TERMS AND CONDITIONS
| 4.1 | Product prices are given both VAT inclusive and exclusive, including all charges imposed by the law. Products shall be delivered at prices shown in updated Seller’s pricelists valid for the day when the respective purchase order is made. Costs of product delivery differ depending on the shipping method and provider, as well as method of payment. An abroad customer may buy products at the price exclusive of VAT if such customer provides a valid VAT registration number. | 4.2 | Purchaser may pay the product price and any pertinent costs associated with the delivery of products under the relevant Purchase Agreement in either of the following methods:
credit transfer via paypal;credit transfer to the Seller’s bank account; |
5. TERMS OF DELIVERY
| 5.1 | Purchaser gains the title to the respective products at the moment the purchase price is paid in full. | 5.2 | Seller has a right to seek the full payment of the purchase price prior to dispatching the products to Purchaser. | 5.3 | Where Seller is to ship the products, the Seller is deemed to have handed the products over to Purchaser (consumer) at the moment when Purchaser takes the products over from the forwarder. Where the Purchaser is a business, the Seller is deemed to have handed the products over to Purchaser at the moment when the Seller hands the goods over to first forwarder for shipping and shall make it possible for the Purchaser to exercise their Contract-of Carriage rights toward the forwarder. | 5.4 | Forwarding of products by PPL transportation services is possible across the entire territory of the Czech Republic; Abroad forwarding is possible by GLS transportation services. The cost of forwarding differs depending on the time and method of purchase order, as well as the overall value of products ordered. | 5.5 | Purchaser is obliged to inspect products delivered by Seller as soon as possible after taking the products over from the Seller or, where the products are delivered via shipping, as soon as possible after its acceptance from forwarder. Where Purchaser takes products over from forwarder, it is Purchaser’s duty to inspect the integrity of packaging and sealing too and proceed in accordance with the forwarder’s applicable business terms and conditions. |
6. RECISION OF PURCHASE AGREEMENT BY CONSUMER
| 6.1 | Where Purchaser is a consumer, such Purchaser has the right to rescind a purchase agreement concluded by remote means (unless stipulated otherwise) without giving any reasons therefor within a fourteen (14) day period starting on the day when products are taken over. | 6.2 | Such consumer shall send their recision of purchase agreement within the above stipulated periods to electronic address eshop@evolveo.eu | 6.3 | Such recision of purchase agreement makes the purchase agreement null and void. Products must be returned to Seller within fourteen (14) days from the recision of purchase agreement. | 6.4 | Where a consumer rescinds the purchase agreement, the Seller shall return any received money the latest in fourteen (14) days from receiving the returned products. | 6.5 | Purchaser is liable to Seller for any diminution in the value of the products resulting from handling the products inconsistent with the ways of handling necessitated by the nature and properties of such products. | 6.6 | Seller is entitled to unilaterally compensating such product damages against Purchaser’s entitlement to purchase price refund. | 6.7 | Where the Purchaser is a business delayed in payment of the price of products, Seller is entitled to a delay charges calculated as 0.08 per cent applied over the price or products for each started day of such delay. Starting on the fifteenth day of delay on the business’ part, the Seller is additionally entitled to a contractual penalty calculated as 0.1 per cent applied over the price of products for each started day of such delay. | 6.8 | Where the Purchaser is provided a gift along with purchased products, the gift agreement between the Seller and the Purchaser is made with a subsequent condition that if the purchase agreement is rescinded by the Purchaser, the gift agreement too is thereby rendered ineffective and the Purchaser is due to return the gift along with the products. |
7. RIGHTS FROM IMPROPER PERFORMANCE
| 7.1 | If the accepted products fail to meet the above requirements or are unfit for the purpose commended by the Seller or for which products of such kind are usually not used, the receiver may rescind the agreement after agreement with the Seller. | 7.2 | Seller is liable for defects occurred within 24 month warranty period from the takeover of the products or during a time of usability as stated in advertising, product packaging or enclosed instruction manual. | 7.3 | Warranty period extends for a period when the relevant product is covered by a justified claim. Rights from liability for defects covered by the relevant warranty period forfeit if such rights are not exercised within the warranty period. | 7.4 | If the Seller fails to rectify defects within a reasonable period or notifies the Purchaser that the Seller will not rectify such defects, the Purchaser may, instead of such defect rectification, seek an adequate discount from the purchase price or may rescind the purchase agreement. If Purchaser does not select their right in time, the Purchaser has the same rights as in case of non-fundamental breach of purchase agreement. | 7.5 | If a defect is a defect establishing a non-fundamental breach of the agreement (whether such defects is rectifiable or non-rectifiable), Purchaser is entitled to the defect rectification or an adequate discount from the purchase price. Where Seller fails to rectify a product defect in time or declines to rectify a product defect, Purchaser may seek a discount from the purchase price or may rescind the purchase agreement. Purchaser may not change his choice without Seller’s consent. | 7.6 | Seller is not liable for defects occurred as a result of common wear and tear or the failure to abide by the instructions for use. | 7.7 | Seller is not obliged to acquit a Purchaser’s claim if the Seller proves that the Purchaser knew about such product defect before taking the product over or induced such defect by his/her own action. |
8. FINAL PROVISIONS
| 8.1 | The parties to the Agreement stipulate that any acceptance of a proposal with amendment or a divergence term is not a proposal acceptance. | 8.2 | Purchaser gives their consent with personal data processing by Seller for the purposes of performing the rights and obligations from the purchase agreement and for the purposes of administering a user account. | 8.3 | Purchaser declares their personal data to be accurate and that he/she was instructed that it is a voluntary provision of personal data. Purchaser is withal liable that the contact information provided is accurate and up-to-date. | 8.4 | Purchaser consents that Seller uses electronic communication networks to store data or to gain access to data stored in Purchaser’s end use stations and processes such data for the purposes of providing relevant information. Purchaser is entitled to refuse such data processing. | 8.5 | Purchaser has a right to turn with a complaint to the supervising authority or government supervision, which are the Czech Trade Inspection Authority (Česká obchodní inspekce), relevant Trade Licensing Authority and, in connection with personal data protection, also the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). | 8.6 | These GBTC come into effect on December 8, 2014. |
