Terms and conditions for purchases through the e-shop
1. CONTACT DETAILS OF THE COMPANY
Title: Abacus Electric, s.r.o.
Phone: +420 387 001 460
Headquarters: 370 01 Planá No.2
ID: 45022828
Registered: in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 1228
List of establishments: eshop.salente.com, eshop.evolveo.com (hereinafter referred to as "e-shop")
Email: eshop@salente.eu, eshop@evolveo.com
(hereinafter referred to as the "Seller")
2. INTRODUCTORY PROVISIONS
2.1 These Terms and Conditions for purchases through the e-shop (hereinafter referred to as "Terms and Conditions") regulate the rights and obligations of the Seller and natural and legal persons as buyers (hereinafter referred to separately as "Buyers") arising in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer through the Seller's e-shop (hereinafter referred to as "Purchase Contract") pursuant to Act c. 89/2012 Coll., the Civil Code, as amended (the "Civil Code").
2.2 The buyer is a consumer or a business. A consumer is any person who enters into a contract outside the scope of his or her business activity or outside the scope of the independent exercise of his or her profession ("consumer"). An entrepreneur is a person who independently carries on a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so on a regular basis for profit (hereinafter referred to as "entrepreneur").
2.3 The procedure for claiming liability for defects in products and services is set out in Complaints Procedure which is an integral part of the purchase contract.
2.4 By confirming the order in the e-shop , the buyer confirms that he/she has read the Terms and Conditions and Complaints Procedure .
3. PRE-CONTRACTUAL COMMUNICATION
3.1 The display of goods on the Seller's e-shop constitutes an invitation to submit offers and the Seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732(2) of the Civil Code shall not apply.
3.2 The Buyer submits a bid by sending a binding order via a completed order form. The buyer selects the goods and the quantity of goods by placing the goods in the basket, then selects the method of payment and transport of the goods and sends a binding order to the seller. Before sending a binding order, the buyer is allowed to change both the selection of goods and the method of payment, i.e. the buyer can change.
3.3 The Seller shall immediately confirm receipt of the binding order to the Buyer by sending a confirmation email to the Buyer's electronic mailbox.
3.4 The Purchase Contract is concluded at the moment of receipt of a binding order (acceptance) by the Seller to the Buyer's electronic mailbox.
3.5 In exceptional cases and only for objective reasons, the Seller reserves the right to ask the Buyer for additional confirmation of a binding order. In this case, the purchase contract is concluded at the moment of delivery of the additional confirmation of the binding order to the seller.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The prices of the goods are inclusive and exclusive of VAT, including any statutory charges. The cost of delivery varies according to the chosen method and provider of transport and method of payment.
4.2 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- cash on delivery (cash or credit card to the driver of the carrier or at the point of delivery)
- Cashlessly using GoPay:
- Using a credit card
- Using online bank-to-bank transfers
- Using your GoPay wallet
- Using the virtual currency Bitcoin
- Using Google Pay
- Using Apple Pay (currently only available to users using Safari)
- by wire transfer to the seller's account:
for payments in currency CZK:
Account Owner: Abacus Electric, s.r.o.
Address: Planá č.p. 2, 370 01 Planá
Bank: Komerční banka, a.s.
Address: Na Příkopě 33, 114 07 Prague 1
Account number: 759740231/0100
SWIFT: KOMBCZPPXXX
IBAN: CZ1201000000000759740231
for payments in currency EUR:
Account Owner (Beneficary): Abacus Electric, s.r.o.
Adresa (Adress of Beneficary): Planá č.p. 2, 370 01 Planá, Czech Republic
Bank (Bank name): Komerční banka, a.s.
Address (Bank address): Na Příkopě 33, 114 07 Prague 1
Account no: 6093790247/0100 SWIFT: KOMBCZPPXXX
IBAN: CZ6401000000006093790247
for payments in currency USD:
Account Owner (Beneficary): Abacus Electric, s.r.o.
Adresa (Adress of Beneficary): Planá č.p. 2, 370 01 Planá, Czech Republic
Bank (Bank name): Komerční banka, a.s.
Address (Bank address): Na Příkopě 33, 114 07 Prague 1
Account no: 6086070217/0100
SWIFT: KOMBCZPPXXX
IBAN: CZ9601000000006086070217
5. TERMS OF DELIVERY
5.1 The Seller undertakes to deliver the agreed goods to the Buyer on the basis of the Purchase Contract and to transfer the ownership right to them to the Buyer and the Buyer undertakes to take the agreed goods from the Seller and to pay the Purchase Price.
5.2 The Buyer acquires ownership of the goods at the moment of full payment of the purchase price.
5.3 The Seller is entitled to demand payment of the full purchase price before the goods are shipped to the Buyer.
5.4 If the Seller is to ship the goods, he shall hand them over to the Buyer(Consumer) as soon as the Buyer has received them from the carrier. The buyer(entrepreneur) shall hand it over to the first carrier for transport, allowing the buyer to exercise his rights under the transport contract against the carrier.
5.5 Transportation of goods by GLS, PPL is possible within the Czech Republic, abroad it is possible by GLS. The price for shipping varies according to the time and method of ordering and the total value of the ordered goods.
5.6 Delivery of goods by freight service is subject to a charge which varies according to the country of delivery.
5.7 The Buyer is obliged to inspect the goods delivered by the Seller as soon as possible after receipt of the goods from the Seller and, in the case of shipment, upon receipt of the goods from the carrier. If the buyer accepts the goods from the carrier, he is obliged to inspect the integrity of the packaging and seals and to follow the valid terms and conditions of the carrier.
5.8 In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
5.9. The delivery time is indicated on the product card and is indicated by the text "We will deliver by:"
6. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
6.1 If the buyer is a consumer, he/she has the right to withdraw from the purchase contract concluded on the e-shop (unless otherwise stated below) without giving any reason within fourteen (14) days, which runs from the date of receipt of the goods. In this case, however, the buyer is liable for the depreciation of the value of the goods resulting from the handling of the goods in a manner other than that necessary to familiarise him with the nature, characteristics and functionality of the goods, i.e. in the manner in which he would familiarise himself with the goods in a bricks-and-mortar shop. For this reason, the seller is entitled to set off the claim for depreciation costs against the buyer's claim for reimbursement of the price.
6.2 The consumer is also entitled to withdraw from the contract at any time before delivery of the goods.
6.3 The consumer shall send the withdrawal from the contract within the aforementioned deadlines to the electronic address rma.plana@abacus.cz.
6.4 Withdrawal from the Purchase Contract cancels the Purchase Contract from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal.
6.5 If the consumer withdraws from the purchase contract, he/she shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by the usual postal method due to their nature.
6.6 If the Consumer withdraws from the Purchase Contract, the Seller shall refund the funds received within fourteen (14) days of receipt of the returned goods in the same manner as the Seller received them from the Consumer, or in another manner as agreed by the parties. The consumershall provide the seller with all the necessary cooperation for the purpose of refunding the funds.
6.7 If the seller offers several options within a certain delivery method, he is obliged to compensate the consumer for the cheapest of them. The Seller is also entitled to return the performance provided by the Consumer when returning the goods to the Consumer or in another way, provided that the Consumer agrees and does not incur additional costs.
6.8 If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer before the consumer returns the goods to the seller or proves that he has sent the goods to the seller.
6.9 The Buyer shall be liable to the Seller for any diminution in the value of the Goods resulting from handling the Goods in a manner different from that required by their nature and characteristics.
6.10 The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
6.11 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the account designated by the Buyer.
6.12
2.5 The Buyer shall personally deliver or send the returned goods, sufficiently packed against damage, to the address:
Abacus Electric, s.r.o.
Complaints Department
37001 Planá 2
Czech Republic
The goods shall be accompanied by a completed Withdrawal Form.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The goods taken over shall:
(i) have agreed, exchanged or customary characteristics;
(ii) be delivered in the required quantity;
(iii) comply with the legal requirements for the type of goods in question;
(iv) conform in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined by reference to the agreed sample or specimen.
7.2 If the goods received do not meet the above requirements or if they are not suitable for the purpose for which the seller states or for which goods of this kind are usually used, the recipient may withdraw from the contract in agreement with the seller.
7.3 The buyer's right from defective performance is based on the defect that the goods have when the risk of damage passes to the buyer, the flat becomes apparent later. The risk of damage passes to the buyer upon acceptance of the item. The same consequence applies if the buyer does not take possession of the item, although the seller has allowed him to dispose of it.
7.4 The Seller shall be liable for defects arising after the receipt of the goods for the period of 24 months of the warranty period, or within the period of use specified in the advertisement, on the packaging of the goods or in the enclosed instructions. If a defect appears within twelve months of receipt, the goods shall be deemed to have been defective upon receipt.
7.5 The warranty period shall be extended by the period of time the goods have been in complaint. The rights of liability for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
7.6 Within this period, the Buyer may file a claim and, at his option, claim for a defect that constitutes a material breach of contract: see the Claims Procedure.
7.7 A material breach of contract is a breach of contract of which the party breaching the purchase contract already knew or must have known at the time of conclusion of the purchase contract that the other party would not have concluded the purchase contract if it had foreseen the breach.
7.8 The Buyer shall notify the Seller of the right referred to in clause 7.6 when notifying the defect or without undue delay after notification of the defect. The choice made cannot be changed without the consent of the seller; this does not apply if the buyer has requested the repair of a defect that proves to be irreparable. If the buyer does not choose his right in time, he has rights according to § 2107 of the Civil Code.
7.9 If the Seller fails to remove the defects within a reasonable period of time or notifies the Buyerthat he will not remove the defects, the Buyer may demand a reasonable discount on the purchase price instead of removing the defects, or he may withdraw from the purchase contract. If the buyer fails to exercise his right in time, he has the same rights as in the case of an insubstantial breach of the purchase contract.
7.10 In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to have the defect removed or a reasonable discount from the purchase price. If the seller does not remove the defect in time or refuses to remove the defect, the buyer may demand a discount on the purchase price or may withdraw from the purchase contract. The buyer cannot change the choice made without the seller's consent.
7.11 The Seller shall not be liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
7.12 The Seller shall not be obliged to satisfy the Buyer's claim if it proves that the Buyer knew about the defect of the goods before acceptance or caused it himself.
7.13 The rights from defective performance are exercised by the buyer according to the Complaints Code.
8. FINAL PROVISIONS
8.1 The Buyermay be delivered to the e-mail address specified in his/her user account or specified by the Buyer in the order.
8.2 The parties agree that acceptance of an offer with an amendment or deviation is not acceptance of the offer.
8.3 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8.4 Protection of personal data of the buyer, who is a natural person, is provided in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
8.5 The Buyer agrees to the processing of personal data by the Seller for the purpose of exercising the rights and obligations under the Purchase Agreement and for the purpose of maintaining the User Account.
8.6 The Buyer declares that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data. The buyer is also responsible for ensuring that the contact details provided are accurate and up-to-date.
8.7 The Buyer is entitled to terminate the sending of commercial communications to his/her electronic mailbox at any time by unsubscribing from commercial communications without incurring any costs.
8.8 The Buyer agrees that the Seller uses electronic communications networks to store or access data stored on the Buyer's terminal equipment and processes it for the purpose of providing relevant information. The buyer is entitled to refuse such data processing.
8.9 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.10 The Buyer has the right to lodge a complaint with a supervisory or state supervisory authority, which is the Czech Trade Inspection Authority, the relevant trade licensing authority and, in connection with the protection of personal data, the Office for Personal Data Protection.
8.11 These Terms and Conditions are effective from 6.1.2023.
