Store Terms & Conditions

Preliminary Provisions

These Store Terms & Conditions govern the purchase of goods and services from EMCgear.com through the online store located at emcgear.com, as well as purchases concluded on the basis of an individual quotation, unless otherwise expressly agreed in writing.

Seller:
EMCgear.com – Marian Schaubmar
Business ID: 10825959
Vasirovska 607
273 03 Stochov
Czech Republic

These Store Terms & Conditions define the rights and obligations of the Seller and the Buyer arising from a Purchase Agreement.

All contractual relationships are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended. Where the Buyer is a Consumer, mandatory provisions of Czech and applicable European Union consumer protection law apply. Nothing in these Store Terms & Conditions limits any mandatory statutory rights granted to Consumers.

Where the Buyer enters into a Purchase Agreement in connection with their business, trade or professional activity, the Buyer is considered a Business Buyer and consumer-specific provisions do not apply unless expressly stated otherwise.

Definition of Basic Terms

Seller

EMCgear.com – Marian Schaubmar, Business ID: 10825959, Vasirovska 607, 273 03 Stochov, Czech Republic.

E-shop

The online store operated by the Seller at emcgear.com.

Buyer

Any natural or legal person purchasing Goods or Services from the Seller.

Consumer

A natural person who enters into a Purchase Agreement with the Seller outside the scope of their business, trade or professional activity.

Business Buyer

A Buyer who enters into a Purchase Agreement in connection with their business, trade or professional activity.

Purchase Agreement

An agreement between the Seller and the Buyer concerning the purchase of Goods or provision of Services.

Goods

Any physical product offered or supplied by the Seller.

Services

Any service offered or supplied by the Seller, including, where applicable, calibration, modification, configuration, engineering or other technical services.

Order

A request submitted by the Buyer to purchase Goods or Services.

Standard Product

A product supplied in a standard configuration normally offered by the Seller without customer-specific modifications.

Customized Product

A product manufactured, modified, engraved, labelled, configured, mechanically or electrically adapted, or otherwise prepared according to specific requirements of an individual Buyer beyond the Seller’s standard product configuration.

On Quotation Product

A product or service for which the price, configuration, delivery conditions or other commercial conditions are determined individually and communicated to the Buyer by quotation before the Order is accepted.

Special Order Product

A product manufactured, procured, modified, configured or reserved specifically in response to a Buyer’s confirmed Order and which is not normally maintained by the Seller as standard stock.

On Backorder Product

A product that is temporarily unavailable from stock and is manufactured, procured or replenished following an Order. An On Backorder Product is considered a Special Order Product for the purposes of the Seller’s voluntary B2B return policy only where this is clearly communicated to the Buyer before the Purchase Agreement becomes binding.

Product Information and Technical Specifications

The Seller makes reasonable efforts to ensure that product descriptions, technical specifications, photographs, drawings, documentation and other information published on the E-shop are accurate.

Minor variations that do not materially affect the intended functionality of the Goods may occur, particularly as a result of component availability, manufacturing processes or continuous product improvement.

Unless expressly stated otherwise, photographs, diagrams and illustrations are provided for informational purposes.

Technical specifications expressly identified as typical, nominal, approximate or informative do not constitute guaranteed limits unless expressly stated otherwise in the applicable datasheet, quotation or Purchase Agreement.

Where information contained in an individually accepted written quotation conflicts with general information published on the E-shop, the accepted quotation prevails for the relevant Purchase Agreement.

The Seller reserves the right to make technical improvements or substitute components where such changes do not materially reduce the specified functionality or performance of the Goods.

Purchase Agreement

The presentation of Goods on the E-shop is primarily informational and does not by itself constitute an unconditional obligation of the Seller to conclude a Purchase Agreement.

By submitting an Order, the Buyer makes a binding offer to purchase the selected Goods or Services under these Store Terms & Conditions.

Before submitting an Order through the E-shop, the Buyer has the opportunity to review and correct the information entered in the Order.

A Purchase Agreement is concluded when the Seller accepts the Buyer’s Order. Acceptance may be made by an Order confirmation sent to the Buyer’s e-mail address, written acceptance of a purchase order, or confirmation of an individual quotation.

An automatically generated acknowledgement that an Order has been received does not constitute acceptance where it is clearly identified only as an acknowledgement of receipt.

For On Quotation Products, the Purchase Agreement is concluded when the Buyer accepts the Seller’s quotation and the Seller confirms the resulting Order, unless the quotation expressly specifies otherwise.

By placing or confirming an Order, the Buyer confirms that they have had an opportunity to review these Store Terms & Conditions.

The Purchase Agreement may subsequently be modified or cancelled only by mutual agreement between the parties or where permitted by applicable law.

Order Cancellation by the Buyer

A Buyer may request cancellation of an Order before shipment.

For Standard Products that have not yet been shipped, the Seller will normally accept such cancellation without charge.

This voluntary cancellation policy does not apply where, before the Seller receives the cancellation request:

  • production of a Customized Product has started;
  • customer-specific modification, engraving, labelling or configuration has started;
  • the Seller has ordered or committed to purchase a Special Order Product specifically for the Buyer;
  • work under an individually accepted quotation has started; or
  • another non-recoverable cost has reasonably been incurred specifically for the Buyer’s Order.

Where such cancellation is requested by a Business Buyer, the Seller may reject the cancellation or require reimbursement of reasonably incurred and non-recoverable costs.

This section does not limit any mandatory statutory right of withdrawal available to a Consumer.

Order Refusal or Cancellation by the Seller

The Seller may refuse or cancel an Order or part of an Order before delivery where, in particular:

  • the Goods are no longer manufactured or available;
  • the Goods cannot reasonably be procured;
  • a material pricing, technical or product information error has occurred;
  • a supplier has made an exceptional material change affecting availability or price;
  • payment has not been received in accordance with the agreed payment conditions;
  • delivery or performance becomes impossible as a result of force majeure or circumstances outside the Seller’s reasonable control;
  • export, sanctions, customs, regulatory or legal restrictions prevent the transaction; or
  • the Seller has reasonable grounds to believe that completing the Order would breach applicable law.

Where the Buyer has already paid an amount relating to the cancelled part of the Order, the corresponding amount shall be refunded without undue delay.

Purchase Price and Reservation of Ownership Rights

The price applicable to Standard Products is the price displayed on the E-shop at the time the Order is submitted, unless otherwise agreed.

The price of an On Quotation Product is determined by the applicable quotation. Unless expressly stated otherwise, a quotation is valid only for the validity period stated in that quotation.

The Seller is currently a Czech business not registered as a VAT payer. VAT is therefore not added to prices unless the Seller’s VAT status changes or applicable law requires otherwise.

Shipping, insurance, customs duties, import VAT, customs clearance fees and other charges imposed by the destination country are not included in the product price unless expressly stated otherwise.

To the extent permitted by applicable law, ownership of the Goods passes to the Buyer only after the purchase price has been paid in full.

Payment Terms and Payment Methods

Unless otherwise agreed, the Seller may require full payment before the Goods are dispatched.

Individual quotations may specify different payment conditions, including advance payment, partial advance payment or payment against invoice.

The payment method options may include the following:

Instant PayPal payment to the Seller’s account orders@emcgear.com via the integrated payment gateway.

Direct bank transfer to the Seller’s bank account: IBAN: CZ22 6210 6701 0022 1505 7097, BIC: BREXCZPPXXX, using a payment reference including the Order number. Availability of individual bank transfer methods may depend on the destination and currency.

Delivery Terms

Delivery Timeframe

Delivery times depend on product availability, quantity, destination and the nature of the Order. Standard Products available from stock are normally dispatched as soon as reasonably possible.

Any delivery timeframe displayed on the E-shop or otherwise communicated before conclusion of the Purchase Agreement is an estimate unless expressly agreed as a binding delivery deadline.

Customized Products, On Quotation Products, Special Order Products and On Backorder Products may have longer delivery times.

Delivery Location

The Goods will be delivered to the address specified by the Buyer in the Order. The Buyer is responsible for ensuring that the delivery information supplied is complete and correct.

An invoice is normally provided electronically. Product documentation and operating instructions are normally supplied in English unless otherwise specified.

Transport of the Goods

The Seller may arrange worldwide shipment using postal, courier, freight or other suitable delivery services. Unless otherwise agreed, packing and shipping costs are borne by the Buyer.

For international deliveries, delays caused by customs clearance, import procedures, destination-country authorities or local carriers are outside the Seller’s direct control.

Transfer of Risk

For a Consumer, risk of loss or damage to the Goods passes in accordance with mandatory consumer law. Where transport is arranged by the Seller, risk normally passes when the Consumer or a third party designated by the Consumer takes possession of the Goods.

For Business Buyers, risk passes upon delivery to the Buyer or, where Goods are handed over to an independent carrier for transportation to the Business Buyer, upon handover to that carrier, unless otherwise agreed.

Consumer’s Statutory Right of Withdrawal

A Consumer who concludes a Purchase Agreement by means of distance communication has the right to withdraw from the Purchase Agreement without giving a reason within fourteen (14) days, subject to statutory exceptions.

For Goods, the withdrawal period generally expires fourteen (14) days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the Goods.

To exercise the right of withdrawal, the Consumer must inform the Seller of the decision to withdraw by an unequivocal statement before expiry of the withdrawal period.

The withdrawal notice may be sent by e-mail to orders@emcgear.com. The Consumer may use the model withdrawal form contained at the end of these Store Terms & Conditions, but use of the form is not mandatory.

After withdrawal, the Consumer shall return the Goods without undue delay and no later than fourteen (14) days from the date on which the Consumer informed the Seller of the withdrawal.

Unless agreed otherwise, the Consumer bears the direct cost of returning the Goods.

Returned Goods should include all components and accessories supplied with the product where reasonably possible.

Original packaging is recommended, particularly for sensitive electronic, RF and measurement equipment, but absence or opening of the original packaging does not by itself exclude the Consumer’s statutory right of withdrawal.

The Consumer may handle and inspect the Goods only to the extent necessary to establish their nature, characteristics and functioning in a manner comparable to what would reasonably be possible when purchasing Goods in person.

The Consumer is liable for any diminished value of the Goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

Testing that requires permanent installation, soldering, removal or damage of protective elements, mechanical alteration, electrical or RF overstress, operation outside specified limits, or other use exceeding reasonable product inspection may result in diminished value.

After valid withdrawal, the Seller shall reimburse the payments received from the Consumer, including the cost of the least expensive standard delivery method offered by the Seller, in accordance with applicable law.

Additional delivery costs resulting from the Consumer selecting a delivery method more expensive than the least expensive standard delivery method offered by the Seller do not have to be reimbursed.

The Seller shall make the reimbursement without undue delay and no later than fourteen (14) days after being informed of the Consumer’s decision to withdraw.

The Seller may withhold reimbursement until the returned Goods have been received or the Consumer provides evidence that the Goods have been sent back, whichever occurs first.

Reimbursement shall normally be made using the same payment method used for the original transaction unless another method is expressly agreed.

Exceptions to the Consumer’s Right of Withdrawal

The statutory right of withdrawal does not apply in cases excluded by applicable law.

In particular, the right of withdrawal may not apply to Goods manufactured according to the Consumer’s specifications or Goods clearly personalised or materially adapted to the Consumer’s individual requirements.

For EMCgear products, such Customized Products may include, depending on the particular Order:

  • customer-specific mechanical modifications;
  • customer-specific electrical or electronic modifications;
  • non-standard connectors, cable lengths or interfaces specifically requested by the Consumer;
  • customer-specific engraving, permanent marking or labelling;
  • customer-specific enclosure modifications;
  • special hardware configurations not forming part of the Seller’s normal product variants;
  • Goods permanently incorporated into or modified for another customer-specific system; or
  • other Goods genuinely manufactured or materially adapted according to the individual Consumer’s specifications.

The mere selection of a normal product variant offered as part of the Seller’s standard catalogue does not by itself make the Goods customized.

The mere fact that Goods are marked “On Quotation”, “On Backorder”, temporarily unavailable from stock, or manufactured only after an Order is received does not by itself exclude a Consumer’s statutory right of withdrawal.

Where an On Quotation, Special Order or On Backorder Product is genuinely customized or manufactured according to the individual Consumer’s specifications within the meaning of applicable law, the corresponding statutory exception may apply.

Voluntary 14-Day Return Policy for Business Buyers

Business Buyers do not have the statutory fourteen-day Consumer right of withdrawal.

Nevertheless, EMCgear voluntarily allows Business Buyers to return eligible Standard Products within fourteen (14) days after delivery under the conditions stated below.

This voluntary return policy applies only to Standard Products purchased in their normal product configuration.

Before returning Goods under this voluntary policy, the Business Buyer shall contact the Seller at orders@emcgear.com and obtain return instructions.

Goods returned under the voluntary B2B return policy must:

  • be returned within the applicable return period;
  • be complete;
  • include supplied accessories;
  • not be damaged;
  • not have been mechanically, electrically or otherwise modified;
  • not have been subjected to use materially exceeding reasonable evaluation or testing; and
  • be returned adequately packaged to prevent transport damage.

Reasonable opening, inspection and limited evaluation of a Standard Product do not automatically prevent acceptance of a voluntary return.

Where the value of the Goods has been reduced by use, damage, missing accessories or other circumstances attributable to the Business Buyer, the Seller may reasonably reduce the refund or reject the voluntary return where the reduction in value is substantial.

Return shipping costs are borne by the Business Buyer unless otherwise agreed. Original shipping charges are not refundable under this voluntary B2B return policy unless otherwise agreed.

The voluntary fourteen-day Business Buyer return policy does not apply to:

  • Customized Products;
  • products manufactured or modified specifically for the Buyer;
  • products with customer-specific engraving, labels, identification or permanent markings;
  • On Quotation Products manufactured, procured, configured or supplied specifically under an individual quotation;
  • Special Order Products;
  • On Backorder Products where the Buyer was informed before conclusion of the Purchase Agreement that the product would be specifically manufactured, procured or reserved in response to the Buyer’s Order;
  • non-standard product configurations;
  • products not normally maintained as standard stock and specifically procured for the Buyer; or
  • services that have already been performed.

Where applicable, such products may be identified before the Purchase Agreement becomes binding using wording such as “Non-returnable Special Order”, “Customized Product – Not Eligible for Voluntary Return” or “On Backorder – Manufactured/Procured to Order – Not Eligible for Voluntary B2B Return.”

These exclusions relate solely to the Seller’s voluntary Business Buyer return policy and do not limit warranty rights, rights relating to defective Goods, or any mandatory statutory rights.

Return, Warranty and Service Address

Unless the Seller provides different instructions for an individual case, all Goods returned for withdrawal, warranty, complaint, inspection or service shall be sent to:

EMCgear – Marian Schaubmar
Vasirovska 607
273 03 Stochov
Czech Republic

Before shipping Goods, the Buyer is strongly encouraged to contact the Seller at orders@emcgear.com.

The Buyer is responsible for ensuring that returned Goods are adequately packaged to prevent transport damage.

Consumer Rights Associated with Defective Performance

The Seller is responsible to Consumers for ensuring that the Goods conform to the Purchase Agreement and are free from defects as required by applicable law.

In particular, subject to the Purchase Agreement and applicable law, the Goods must correspond to the agreed description, type, quantity, quality, functionality and other agreed characteristics and be suitable for the agreed or normally expected purpose.

A Consumer may exercise rights arising from a defect that becomes apparent within twenty-four (24) months after receipt of the Goods, subject to applicable statutory conditions.

Where a defect becomes apparent within one (1) year after receipt of the Goods, the statutory presumption concerning the existence of the defect at the time of receipt applies where provided by law.

Depending on the circumstances and applicable law, the Consumer may be entitled to repair, replacement, an appropriate reduction in price or withdrawal from the Purchase Agreement.

Rights arising from defective performance do not apply to normal wear and tear or damage caused by improper use, operation outside specified limits, unauthorized modification or repair, electrical or RF overstress, incompatible external equipment, improper installation or other circumstances attributable to misuse, except where mandatory law provides otherwise.

24-Month Commercial Warranty

In addition to any mandatory statutory rights, EMCgear provides a twenty-four (24) month commercial warranty on Goods supplied by the Seller, unless a longer warranty period is expressly specified for an individual product.

The commercial warranty applies to both Consumers and Business Buyers.

The warranty period starts on the date the Goods are delivered to the Buyer.

Under this warranty, the Seller warrants that the Goods will be free from defects in materials and workmanship and will function substantially in accordance with the applicable product specifications under normal intended use during the warranty period.

In the event of a defect covered by the warranty, the Seller may, at its reasonable discretion:

  • repair the Goods;
  • replace the defective Goods or relevant component; or
  • where repair or replacement is not reasonably practicable, provide an appropriate refund or another mutually agreed remedy.

The warranty does not cover defects or damage resulting from:

  • normal wear and tear;
  • improper use or handling;
  • failure to comply with operating instructions;
  • operation outside specified electrical, RF, mechanical, thermal or environmental limits;
  • excessive RF input power, overvoltage, ESD or other electrical overstress;
  • mechanical damage, impact or liquid ingress;
  • unauthorized modification, disassembly or repair;
  • use with unsuitable or incompatible equipment;
  • improper storage or transportation after delivery;
  • accidental damage;
  • external causes outside the Seller’s reasonable control; or
  • consumable items or components subject to normal deterioration through use, where such deterioration does not constitute a manufacturing defect.

The warranty does not guarantee that calibration characteristics will remain unchanged throughout the entire warranty period. Normal calibration drift resulting from ageing, environmental influences or ordinary use does not by itself constitute a warranty defect, provided the Goods otherwise operate correctly.

Where a product is supplied with specified guaranteed measurement accuracy or performance limits, failure to meet those limits under the specified operating and measurement conditions may constitute a warranty defect unless caused by circumstances excluded from the warranty.

The warranty applies to the original Goods supplied by the Seller and does not cover modifications performed by unauthorized third parties.

The Buyer shall notify the Seller of an alleged warranty defect without undue delay after discovering it and provide reasonable information necessary to assess the claim.

The Seller may require the Goods to be returned for inspection before determining whether the claim is covered by warranty.

Where a warranty claim is accepted, the Seller shall bear reasonable costs of warranty repair or replacement and, where applicable, reasonable transportation costs as agreed with the Buyer.

Where examination establishes that the claimed defect is not covered by warranty, the Seller may charge reasonable diagnostic, repair and shipping costs, provided such costs are communicated to the Buyer before chargeable work is performed.

The commercial warranty does not reduce or replace any mandatory statutory rights available to Consumers.

For Business Buyers, this twenty-four-month commercial warranty constitutes the Seller’s standard product warranty unless otherwise expressly agreed in writing.

Complaint and Warranty Procedure

To facilitate efficient processing of a complaint or warranty claim, the Buyer should first contact the Seller at orders@emcgear.com.

The Buyer should provide, where available:

  • Order or invoice number;
  • product type;
  • serial number;
  • description of the defect;
  • circumstances under which the defect occurs;
  • photographs, measurement results, log files or other relevant technical information.

The Seller may request that the Goods be sent for inspection where physical examination is reasonably necessary.

Unless otherwise agreed, Goods shall be sent to:

EMCgear – Marian Schaubmar
Vasirovska 607
273 03 Stochov
Czech Republic

The Goods must be appropriately packaged to prevent transport damage.

Where a Consumer makes a complaint, the Seller shall provide the documentation and information required by applicable consumer law.

A Consumer complaint shall be processed without undue delay and within the statutory deadline unless a longer period is agreed with the Consumer where legally permitted.

If a complaint or warranty claim is accepted, the Seller shall bear costs required under applicable law or under the commercial warranty.

Calibration and Measurement Equipment

Some EMCgear products are measurement, monitoring, test or diagnostic instruments.

Where a product is supplied with calibration data or calibration results, the scope, method, measurement conditions and applicable specifications are those stated in the relevant calibration documentation.

Unless explicitly stated otherwise, EMCgear calibration does not constitute an accredited calibration under ISO/IEC 17025.

Calibration results apply to the individual instrument and configuration identified in the relevant documentation and to the conditions under which calibration was performed.

Mechanical damage, electrical overstress, operation outside specified limits, unauthorized modification, repair or environmental exposure may affect calibration validity.

Calibration drift occurring through normal ageing or use is not automatically considered a warranty defect.

Where an instrument no longer meets a guaranteed specification because of a defect in materials, workmanship or electronic functionality during the warranty period, the warranty provisions above may apply.

The Buyer is responsible for determining whether a product and its calibration status are suitable for the Buyer’s particular regulatory, compliance, certification or measurement application.

Intended Use and Professional Equipment

Certain Goods sold by EMCgear are professional electronic, RF, EMC, laboratory, test or development equipment.

The Buyer shall observe all operating limits, safety information and instructions provided with the Goods.

Unless expressly stated otherwise, the Goods are not intended for use in safety-critical systems where failure of the Goods could directly result in death, personal injury or severe property damage.

The Buyer is responsible for determining whether the Goods are suitable for the intended application.

Measurement or diagnostic results must be interpreted with regard to the specifications, uncertainty and limitations of the relevant instrument.

Intellectual Property

Product designs, firmware, software, documentation, photographs, drawings, logos, trademarks and other materials supplied or published by the Seller remain protected by applicable intellectual property law.

Purchase of Goods does not transfer intellectual property rights except to the extent expressly stated.

The Buyer may use supplied documentation for operation and reasonable internal use of the purchased Goods.

Commercial reproduction or redistribution of proprietary documentation, firmware or software is not permitted without the Seller’s permission except where mandatory law provides otherwise.

Software and Firmware

Where Goods include firmware or software, the Buyer receives the right to use such software or firmware together with the Goods for their intended purpose.

Software functionality and system requirements may evolve through updates.

The Seller may provide firmware or software updates where appropriate.

Unless otherwise agreed, the Seller is not responsible for incompatibility arising from unsupported modifications of third-party operating systems, drivers, hardware or software.

Mandatory Consumer rights concerning Goods containing digital elements remain unaffected.

Limitation of Liability for Business Buyers

This section applies only to Business Buyers and only to the extent permitted by applicable law.

The Seller shall not be liable for indirect or consequential commercial losses, including loss of profit, loss of production or loss of business opportunity, except where such liability cannot legally be excluded or limited.

The Seller is not responsible for damage resulting from use contrary to documentation, operation outside specified limits, unauthorized modifications, improper installation, incompatible third-party equipment or circumstances outside the Seller’s reasonable control.

Nothing in these Store Terms & Conditions excludes or limits liability that cannot lawfully be excluded or limited.

The limitations in this section do not reduce the Seller’s obligations under the twenty-four-month commercial warranty.

Force Majeure

The Seller shall not be liable for delay or inability to perform obligations caused by circumstances outside the Seller’s reasonable control.

Such circumstances may include natural disasters, war or civil disturbance, government restrictions, sanctions or export restrictions, transport disruption, widespread energy or telecommunications outages, extraordinary supplier failures, major component shortages, epidemics or similar emergencies.

The Seller shall make reasonable efforts to inform the Buyer of material delays resulting from such circumstances.

Personal Data Protection

Personal data is processed in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 (GDPR), where applicable.

Personal data may be processed where necessary for conclusion and performance of a Purchase Agreement, Order processing and delivery, payment administration, accounting and tax obligations, warranty, complaint and service processing, compliance with legal obligations, protection of legal claims and other purposes described in the Seller’s Privacy Policy.

Personal data necessary for delivery or payment processing may be provided to carriers, payment service providers and other service providers to the extent necessary to perform the Purchase Agreement.

Further information concerning personal data processing is provided in the Seller’s Privacy Policy.

Commercial Communications and Cookies

Commercial communications are sent only in accordance with applicable law.

Where required, the Buyer may withdraw consent to marketing communications or opt out using the method provided in the relevant communication.

Transactional communications necessary for performance of a Purchase Agreement, including Order confirmations, invoices, shipping information, warranty information and technical notices, are not marketing communications.

The use of cookies and similar technologies on the website is governed by the Seller’s applicable cookie and privacy settings and information provided on the website.

Alternative Dispute Resolution for Consumers

Where a dispute arising from a Purchase Agreement between the Seller and a Consumer cannot be resolved directly, the Consumer has the right to seek out-of-court resolution of the consumer dispute where applicable.

The competent entity for alternative dispute resolution in the Czech Republic is:

Czech Trade Inspection Authority
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
Gorazdova 1969/24
120 00 Praha 2
Czech Republic

E-mail: adr@coi.gov.cz

Further information regarding alternative dispute resolution is available from the Czech Trade Inspection Authority.

Governing Law

Purchase Agreements and these Store Terms & Conditions are governed by the laws of the Czech Republic.

In relation to Consumers, this choice of law does not deprive the Consumer of mandatory protection provided by provisions of law that would otherwise apply and from which the parties cannot derogate by agreement.

In relation to Business Buyers, disputes shall be subject to the jurisdiction of the competent courts of the Czech Republic unless otherwise agreed in writing or required by applicable law.

Severability

If any provision of these Store Terms & Conditions is found to be invalid, ineffective or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.

The invalid or unenforceable provision shall, where possible, be interpreted or replaced in a manner that most closely reflects its lawful commercial purpose.

Amendments to These Store Terms & Conditions

The Seller may amend these Store Terms & Conditions from time to time.

The version applicable to a particular Purchase Agreement is the version valid at the time the Purchase Agreement is concluded unless otherwise required by law.

Amendments published after conclusion of a Purchase Agreement do not retrospectively alter that Purchase Agreement unless required by mandatory law.

Concluding Provisions

These Store Terms & Conditions form an integral part of each Purchase Agreement to which they apply.

Individual written agreements or accepted quotations may supplement these Store Terms & Conditions. Where an individually negotiated provision expressly conflicts with these Store Terms & Conditions, the individually negotiated provision shall prevail to the extent of the conflict, subject to mandatory law.

The Buyer may save, print and archive these Store Terms & Conditions.

The Seller archives Purchase Agreements and related business documentation to the extent required for business and legal purposes.

These Store Terms & Conditions enter into force on September 17, 2026.

Model Consumer Withdrawal Form

Complete and return this form only if you wish to withdraw from a Purchase Agreement and you are entitled to the statutory Consumer right of withdrawal.

To:
EMCgear – Marian Schaubmar
Vasirovska 607
273 03 Stochov
Czech Republic
E-mail: orders@emcgear.com

I hereby give notice that I withdraw from my contract for the purchase of the following Goods / provision of the following Services:

Product / Service:
……………………………………………………

Order number:
……………………………………………………

Date ordered:
……………………………………………………

Date received:
……………………………………………………

Consumer’s name:
……………………………………………………

Consumer’s address:
……………………………………………………

Date:
……………………………………………………

Signature:
……………………………………………………

Signature is required only where this form is submitted on paper.