These Business Terms and Conditions govern the purchases of goods and services made via the e-shop located on the website emcgear.com.
These Business Terms and Conditions define and specify in more detail the following:
The rights and obligations of both the Seller (as defined below) and the Buyer (as defined below).
All contractual relationships are entered into in accordance with the legal code of the Czech Republic. If the contracting party is an individual consumer, those relationships not covered by these Business Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code), and Act No. 634/1992 Coll., the Consumer Protection Act, as amended. If, however, the contracting party is not a private consumer, those relationships not covered by these Business Terms and Conditions that apply to a business entity are governed by the Civil Code. By accepting these Business Terms and Conditions, the individual or entity expresses their consent with using means of remote communication.
Definition of Basic Terms
EMCgear, Business ID: 10825959, Marian Schaubmar, Hostivarska 125/8, 102 00, Prague, Czech Republic
The internet shop operated by the Seller on the website emcgear.com.
For the purposes of these Business Terms and Conditions, the Purchase Agreement is understood to be either an agreement for the purchase of goods or an agreement for the provision of services.
Any e-shop customer who purchases the Seller’s Goods and/or Services.
Business Terms and Conditions
These Business Terms and Conditions, always in the valid version published as of the day an Order is placed via the E-shop.
An order place by the Buyer via the Seller’s website.
A consumer is any individual enters into an agreement or otherwise deals with the business entity outside of the framework of business activities or the performance of their trade.
Any of the items offered for sale via the Seller’s E-shop, which the Seller sells to the Buyer.
Purchase Agreement originating at the time the Buyer places an Order: The Seller advertises Goods on the E-shop website. A Purchase Agreement originates at the time the Buyer submits an Order and this Order is accepted by the Seller. The Seller shall confirm the acceptance of the Order by means of a confirmation sent to the Buyer’s e-mail address as specified in the Order. The Purchase Agreement may be modified or cancelled only on the basis of a mutual agreement between both parties or for legal reasons.
Prior to the submission of the Order to the Seller, the Buyer has the opportunity to check and modify the information that they have entered on the Order, including the ability of the Buyer to identify and correct any errors made at the time that the data was entered. The Buyer submits the order to the Seller by clicking on the ‘Place order’ button.
The Buyer agrees that remote communication shall be used at the time the Purchase Agreement is made. The costs incurred by the Buyer for using any means of remote communication associated with entering into the Purchase Agreement (namely the cost of an internet connection and the cost of phone calls) shall be borne by the Buyer.
All of the presentations of the Goods published on the website are for informational purposes only and the Seller is not obliged to enter into a Purchase Agreement for these Goods. The provisions of Section 1732 (2) of the Civil Code are hereby excluded.
Binding Nature of the Business Terms and Conditions. The Buyer is bound by these Business Terms and Conditions immediately starting at the moment the completed Order is submitted. At the time the Purchase Agreement is made, the Buyer is always (re)acquainted with the valid version of the Business Terms and Conditions, and the Buyer must express their consent with the Business Terms and Conditions prior to submitting their Order. By confirming and submitting the Order, the Buyer declares that they are familiar with the valid Business Terms and Conditions.
Rights Associated with Defective Performance
The rights and obligations of the contracting parties associated with defective performance are governed by the relevant generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, Sections 2009 to 21117, and Section 2161 to 2174 of the Civil Code).
The Seller is liable to the Buyer that the item will be without any defects at the time it is handed over. In particular, the Seller is liable to the Buyer for the following at the time that the Buyer takes over the item:
– The Goods have the characteristics as agreed by the parties or, if no specific agreement was made, the item has the characteristics described by the Seller or those expected by the Buyer, taking into account the nature of the Goods, and on the basis of the advertisement of the Goods.
– The Goods are suitable for the purposes as specified by the Seller or for the purposes that the particular type of Goods is generally used.
– The Goods are provided in the appropriate quantity, size, and/or weight.
– The Goods are in compliance with the requirements laid down in legal regulations.
If the item does not have the characteristics specified above, the Buyer has the right to request the delivery of a new defect-free item, under the condition that this expectation is reasonable taking into account the nature of the defect. However, if the defect is associated with only one component of an item, the Buyer has the right to request the replacement of only this component. If this is not possible, the Buyer has the right to withdraw from the Purchase Agreement. If, however, taking into account the nature of the defect, this is not reasonable, particularly if the defect can be removed without any undue delay, the Buyer has the right to the removal of the defect free of charge. The Buyer has the right to a new item or to the replacement of a single component, even in the case of a removable defect, if the item cannot be properly used due to the repeated occurrence of the defect after it has already been previously repaired or if there are multiple defects. In these situations, the Buyer also has the right to withdraw from the Purchase Agreement.
If the Buyer does not withdraw from the Purchase Agreement and the Buyer does not exercise the right to the delivery of a new defect-free item, the replacement of a component, or the repair of the item, the Buyer may request a reasonable discount. The Buyer also has the right to a reasonable discount in the event that the Seller is not able to deliver a new defect-free item, to replace a component, or to repair the item, as well as in the event that that the Seller does not correct the defect within a reasonable period of time or if the Buyer would experience significant difficulties as a result of the arrangements for the repair.
If a defect appears within the first six months after the item is accepted, it is understood that the item was already defective at the time it was accepted.
The Buyer shall exercise the rights associated with defective performance by sending goods without additional delay back to seller warehouse located at address: EMCgear, Marian Schaubmar, Hostivarska 125/8 102 00, Prague, Czech Republic. It is understood that the right to make a complaint is exercised immediately at the time when the Seller receives the Goods that are the subject of the complaint from the Buyer.
If the Buyer exercises the rights associated with defective performance, the Seller shall confirm the date on which this right is exercised as well as the repairs that are made and the elapsed time in writing. The Official Complaint Form will be issued and given to the Buyer at the time the item is taken over for complaint processing. If it is possible to submit a complaint about the item via the internet, the Official Complaint Form will be sent to the Buyer’s e-mail.
The Seller reserves the right to refuse to accept or to cancel an Order or a part of an Order in the following situations:
- The Goods are no longer produced or delivered;
- The Service cannot be provided or the Goods cannot be delivered due to a force majeure event;
- The customer has not paid the purchase price as specified on the Order;
- The Seller’s supplier has made a significant change in the price of the Goods or Service.
If the full purchase price or any part thereof has already been paid, this amount will be refunded to the person who paid it.
Purchase Price and Reservation of Ownership Rights
The current price of the Goods, is always specified on the Seller’s website. The price of the Goods specified on the Seller’s website on the day the Order is placed is always used to determine the final price of the Goods for the final Buyer. In accordance with Section 2132 of the Civil Code, the Buyer acquires the ownership rights to the delivered goods only after the purchase price for the Goods has been paid in full.
We are a registered non-payer of VAT business subject in the Czech Republic, therefore VAT isn’t calculated during checkout.
The Seller reserves the right to change the price of the Goods and Services. The price valid at the time the Order is placed (i.e. the current price specified at that time on the Seller’s website) remains valid until such time that the Purchase Agreement is made. The Buyer (final Buyer) is obliged to pay the purchase price for the Goods by no later than the day on which the Goods are taken over.
The payment method options are as follows:
Instant PayPal payment to seller account email@example.com via integrated payment gateway.
Direct bank transfer to seller bank account- IBAN: CZ22 6210 6701 0022 1505 7097, BIC: BREXCZPPXXX using payment reference including the order number. (Please note that direct bank transfer option is available for EU SEPA transfers only)
The Goods will be delivered according to the availability of the product and the Seller’s operational abilities within the shortest possible timeframe, generally within 3 (three) working days.
The delivery location is specified in the Order placed by the Buyer. The delivery will be considered to have been completed at the time the goods are delivered to the address specified in the Order. The Seller will ensure delivery to the specified address. The shipment containing the goods generally includes a delivery list, instructions for using the product in English. The invoice is sent to the e-mail specified in the Order.
Transport of the Goods
The Seller arranges for the worldwide shipment of the goods. The packing and shipping costs are fully borne by the Buyer. For the prices for transport VAT isn’t calculated.
Czech Post (delivery timeframes according to the destination country)
Withdrawal from the Purchase Agreement
The Buyer and the final Buyer have the right to cancel the Order at any time prior to the shipment of the goods.
Consumer’s Withdrawal from a Purchase Agreement Entered into via Remote Communication
In accordance with Section 1829 (1) of the Civil Code, a Consumer may withdraw without cause from the Purchase Agreement within fourteen (14) days of the date the Goods are taken over and there will be no penalties applied. In such situations the Consumer shall contact the Seller in writing at the Seller’s place of business or via an e-mail sent to firstname.lastname@example.org, wherein the consumer specifies that they are withdrawing from the a Purchase Agreement, the Order number, the date of purchase, and the bank account number to which the refund is to be sent.
The provisions of Section 1829 (2) of the Civil Code may not however be considered as the possibility of a free loan of the Goods. If the Consumer exercises their right to withdraw from the Purchase Agreement within fourteen (14) days of the date the Goods or the Voucher are taken over, the Consumer must return to the supplier everything that they obtained on the basis of the Purchase Agreement. The Consumer undertakes to send the Goods to the Seller’s address. The Goods that the Consumer sends back to the Seller’s address on the basis of their withdrawal from the Purchase Agreement must not show any sign of use, they must be undamaged and complete (including all accessories, the warranty certificate, instructions, etc.), and the original purchase document must be included.
In the event that withdrawal from the Purchase Agreement takes place in accordance with Point 10.2. of the Business Terms and Conditions, the entire Purchase Agreement is cancelled from the beginning. The Goods must be returned to the Seller within fourteen (14) days of the date of withdrawal from the Purchase Agreement. If the Consumer withdraws from the Purchase Agreement, the Consumer bears all of the costs associated with returning the goods to the Seller in accordance with Section 1820 (1)(g) of the Civil Code, even if the goods cannot be returned by standard post due to their nature.
In the event that the Consumer withdraws from the Purchase Agreement according to the preceding paragraphs, the Seller shall refund the monies accepted from the Consumer within fourteen (14) days of the date on which the Consumer withdraws from the Purchase Agreement (with the exception of any additional amounts associated with the delivery of the Goods or Voucher resulting from the fact that the Consumer selected a delivery option for the Goods that is different from the cheapest standard delivery method offered by the Seller in accordance with Section 1832 (2) of the Civil Code). The monies will be refunded using the same method in which the Seller received them from the Consumer, unless the Consumer specifies otherwise. If the Consumer withdraws from the Purchase Agreement, in accordance with Section 1832 (4) of the Civil Code, the Seller is not obliged to refund the received monies to the Consumer prior to the time that the Consumer returns the Goods to the Seller or provably demonstrates that the Goods were sent to the Seller.
In the event that the notice of withdrawal from the Purchase Agreement is not sent to the Seller within fourteen (14) days after taking over the Goods or the Voucher in accordance with Section 1818 of the Civil Code, the withdrawal from the Purchase Agreement is invalid.
If the Goods are returned to the Seller in a damaged or incomplete condition or with their value reduced in any other way, even as a result of standard use, the Seller has the right to request the Consumer for compensation for the decreased value of the returned Goods in accordance with Section 1833 of the Civil Code. This in no way affects the Consumer’s right to withdraw from the Purchase Agreement without any penalties. Damage to the original packaging, resulting from the unwrapping of the Goods may not be considered to be a reduction in the value of the Goods.
The Seller provides a twenty-four (24) month warranty for the Goods sold via the E-shop whereby the warranty period starts at the time the Goods are taken over by the Buyer.
In the interest of speeding up the complaint procedure, the Buyer should contact the Seller in advance by sending an e-mail to email@example.com. Unless the Seller and the Buyer agree otherwise, the complaint, including any defects, will be processed without any undue delay within no more than thirty (30) calendar days of the date the complaint is lodged.
The Buyer shall send the Goods that are the subject of the complaint to the Seller’s service location at the following address: EMCgear, Marian Schaubmar, Hostivarska 125/8, 102 00, Prague, Czech Republic, at which both warranty and post-warranty service for the Goods is provided.
After the Seller receives the Goods that are the subject of the complaint, the Seller shall immediately send the Official Complaint Form to the Buyer at the Buyer’s e-mail as specified in the Order or provided by the Buyer at the time the complaint is lodged.
In the case of an acknowledged complaint, in a situation where it is not possible to replace the Goods or to remove the defect, the monies paid for the Goods, including the amount of shipping and packing costs, will be credited to the Buyer’s account (with the exception of any additional amounts associated with the delivery of the Goods resulting from the fact that the Consumer selected a delivery option for the Goods that is different from the cheapest standard delivery method offered by the Seller in accordance with Section 1832 (2) of the Civil Code).
The timeframe for processing the complaint shall be interrupted in the event that the Seller does not receive all of the supporting materials required for processing the complaint (namely any part of the Goods, other documentation). The Seller is obliged to request the Seller to provide additional materials within the shortest possible timeframe after the Buyer lodges the complaint. The processing timeframe is interrupted starting at the time this request is made until such time that the Buyer delivers the requested materials.
The Seller shall notify the Buyer that the complaint has been processed by sending an e-mail to the address specified in the submitted Order or provided by the Buyer at the time the complaint is lodged.
In the event that, at the time the item is taken over by the Buyer, the item does not conform with what is specified in the Purchase Agreement, the Buyer has the right to request the Seller to bring the item into a state that conforms with the Purchase Agreement free of charge and without undue delay, according to the Buyer’s requirements, either by replacing the item or repairing the item. If this is not possible, the Buyer has the right to request a reasonable discount from the price of the item or to withdraw from the Purchase Agreement. This does not apply if the Buyer knew of the defect prior to taking over the item or if the Buyer caused the defect.
Personal Data Protection
The personal data of a Buyer (individual) and any individuals representing a Buyer (legal entity) are stored in accordance with the valid legislation of the Czech Republic, namely Act No. 101/2000 Coll., on the protection of personal data, as amended.
At the time that the persons named in the preceding paragraph enter into a Purchase Agreement, they agree that their personal data may be collected and processed in the Seller’s database. This consent may be revoked at anytime in writing.
The personal data will be stored and collected solely for the purposes of entering into the Purchase Agreement, the delivery of the Goods in accordance with the Purchase Agreement, the processing of complaints and any related tasks, and for the Seller’s archival purpose for maintaining information about completed sales. The data may also be used for the purpose of providing possible discounts and other benefits to the Seller’s customers.
The customer’s personal data is fully protected against misuse. The Seller shall not provide the personal data of its customers to any third parties. The Seller may provide only the personal data that is required for the delivery of the goods to the transporter.
Once a Purchase Agreement is made, it is archived by the Seller in electronic format and is accessible only to the Seller and to the Buyer upon request.
Sending of Commercial Messages and Storing Cookies
The Buyer agrees that information regarding the Goods and the Seller’s business as well as the Seller’s commercial messages may be sent to the Seller’s e-mail.
The Buyer agrees that cookies may be stored on their computer. If it is possible to make a purchase via the website and if the Seller is able to fulfill their obligations ensuing from the Purchase Agreement without storing cookies on the Buyer’s computer or other comparable equipment, the Buyer has the right to revoke the consent granted on the basis of the previous statement at any time.
All contractual relationships entered into by the Seller as the first party and the Buyer as the second party are governed by the legal code of the Czech Republic, these Business Terms and Conditions, an any other relevant regulations of the Seller with which the applicable person has expressed their consent. Should any of the provisions of these Business Terms and Conditions become invalid or unenforceable, this shall have no effect on the validity and enforceability of the remaining provisions contained in these Business Terms and Conditions.
These Business Terms and Conditions allow the Buyer to make copies and to archive them. Immediately at the time that the Purchase Agreement is made, the Buyer accepts all of the provisions of the Business Terms and Conditions that are valid on the date when the Order is submitted, including the price of the ordered Good(s) and/or Services as specified in the confirmed Order, unless it has been provably agreed otherwise.
These Business Terms and Conditions enter into force on September 1. 2019.