1. Introduction
1.1. These Terms and Conditions apply to the conclusion of all Purchase Contracts between the company Elektrofyzika s.r.o., registered office No 89, 679 13 Vavřinec, company ID No: 03054721, tax ID No: CZ03054721, entered in the Commercial Register maintained by the Regional Court in Brno, section C, inset 83419 (hereinafter the “Seller”) or Michal Macháč, registered office Vavřinec 89, 679 13, company ID No 63374901, and the customer (hereinafter the “Buyer”) in connection with or based on the purchase of Goods offered by the Seller in the Online Shop of the Seller at the URL: www.elektrofyzika.cz, drypol.sk (hereinafter the “Online Shop”), respectively in connection with the services offered and provided by the Seller to the Buyer in connection with the offer and sale of the Goods.
1.2. These Terms and Conditions are, in accordance with Section 1751 of Act No 89/2012, the Civil Code (hereinafter the “Civil Code”), an integral part of each Purchase Contract concluded between the Seller and the Buyer via the Online Shop in the procedure pursuant to Article 3 and 4 of these Terms and Conditions (hereinafter a “Purchase Contract”), unless the Buyer and the Seller explicitly agree on a different arrangement.
1.3. Unless explicitly arranged otherwise in these Terms and Conditions or between the contracting parties, the rights and obligations of the contracting parties in relation to the Goods are applied mutatis mutandis to the provision of services.
1.4. These Terms and Conditions also apply mutatis mutandis to the conclusion of all Purchase Contracts between the Seller and the Buyer via other means of remote communication (i.e. by telephone, fax, email etc.) than via the Online Shop.
2. Specification of the Goods
The Goods means all the goods that the Seller offers in the Online Shop.
3. Electronic order
3.1. An electronic order, within the meaning of these Terms and Conditions, means the sending of an order in the form of an online order form to the relevant URL of the Online Shop. The Buyer is given, before sending an order, the opportunity to check and change the data they have entered into the order form. By sending an order, the Buyer makes an offer to conclude a Purchase Contract for a selected number of Goods (hereinafter the “Ordered Goods”) for the price determined in accordance with Article 7. The data from the order form are delivered to the Seller in electronic form.
3.2. By sending an online order, the Buyer effectively accepts the current wording of the Terms and Conditions valid for the Online Shop at the moment of sending the order, agrees with the Terms and Conditions and declares that they had the opportunity to a study the Terms and Conditions before sending their order. The Terms and Conditions are available to the Buyer at any time in the Online Shop.
3.3. The Buyer consents to being contacted electronically and/or by telephone by the Seller and/or their authorised representative and/or a trusted third party, including a trusted third-party company (carrier) for the purpose of verifying the correctness of the data entered and for obtaining consent to the dispatch of the Ordered Goods.
3.4. Telephone verification of delivery of an order – After the delivery of an electronic order, the Ordered Goods are handed over to a third company (carrier) for delivery to the Buyer at the address entered in the electronic order. A responsible employee of the third company (carrier) is authorised to arrange with the Buyer, by telephone, the exact date and time of delivery of the Ordered Goods to the Buyer.
4. Conclusion of a Purchase Contract
4.1. A Purchase Contract is concluded at the moment the Purchase Contract is signed, with the acceptance of the Ordered Goods from the carrier, or with the delivery of confirmation of an order from the Seller to the Buyer in electronic form.
4.2. Unless stated otherwise, confirmation of the receipt of an order is sent to the Buyer using the email address entered in the online order form. From the moment of delivery of confirmation of receipt of an order by the Seller to the Buyer, the rights and obligations governed by valid legal regulations and these Terms and Conditions apply to the Buyer and the Seller, in particular the obligation for the Seller to procure and deliver the Ordered Goods and the obligation for the Buyer to accept the delivered Goods and to pay the Purchase Price.
4.3. The Buyer and the Seller agree that an order for Goods is only acceptable for the Seller if sent online using the order form in the Online Store, as part of which the Buyer consents to these Terms and Conditions by selecting the relevant form field in the order form. The Seller is entitled not to accept an order not made in accordance with these Terms and Conditions, or to return such order to the Buyer for completion and to provide them with a reasonable deadline to do so. If such deadline expires without result, the order will be considered as not having been delivered.
4.4. The Buyer and the Seller hereby bindingly agree that consent to these Terms and Conditions and a binding confirmation of receipt of an electronic order by the Seller are necessary conditions for the conclusion of a Purchase Contract.
4.5. For the avoidance of doubt, a Purchase Contract will not be considered concluded until the order from the Buyer has been accepted by the Seller or has been accepted with a reservation. The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Contract with the Buyer, in particular if the Buyer has previously seriously breached a Purchase Contract or these Terms and Conditions or has previously been in default with due payments to the Seller.
4.6. The Seller reserves the right, in exceptional cases, not to deliver selected Goods to the Buyer, in particular in cases when the Online Shop mistakenly presented obviously wrong or non-standard information, in particular about the selected Goods, such as their price or delivery times, or if the Goods are sold out and unavailable from the supplier for a long period of time. The Seller undertakes to return to the Buyer any financial amount paid based on such Purchase Contract in such cases.
4.7. The subject of a Purchase Contract is only the items explicitly indicated in the electronic order made at the applicable URL of the Online Shop. The Buyer is not entitled to require or legally enforce from the Seller any other Goods of a similar or different nature or claim them as compensation in the event their Ordered Goods are currently unavailable.
5. Delivery date and method
5.1. The Buyer shall arrange an exact delivery date by telephone, meaning the date and time of delivery of the Ordered Goods by an employee of a trusted third person, meaning a carrier. The Buyer shall accept the Goods at the date and time agreed pursuant to the preceding sentence or pursuant to Article 5.2. The Buyer shall also comply with the instructions in the documentation for the Goods supplied by the Seller.
5.2. The Seller shall deliver Ordered Goods for the pre-arranged price and at the pre-arranged delivery date and time, all in accordance with these Terms and Conditions. However, the trusted third company (carrier) will inform the Buyer about the date and time of delivery.
5.3. The dispatching of Goods within the meaning of these Terms and Conditions means the handover of the Ordered Goods to a responsible employee of a third company (carrier) for the purpose of delivering such Goods to the Buyer. The Seller’s obligation to deliver the Goods to the Buyer is complied with by the dispatching of the Goods. The delivery of the Goods by the carrier to the Buyer may take up to twenty-five (25) calendar days from receipt of such Goods from the Seller.
5.4. The Seller complies with its obligation to label the Goods by completing the shipping and delivery documents that accompany the Goods.
5.5. The Seller undertakes to dispatch Ordered Goods to the Buyer no later than twenty-five (25) days from the date of conclusion of the Purchase Contract. In the event Ordered Goods cannot be dispatched by the Seller within the deadline pursuant to the preceding sentence, the Seller shall inform the Buyer of such fact via email using the email address the Buyer indicated in the electronic order form.
5.6. The Buyer declares that they have been familiarised with all the information about the delivered Goods (DryPol® technology for the electrophysical drying of rising damp in masonry), about the conditions for concluding a Purchase Contract, about the ways to pay for delivered Goods, about the options for withdrawing from a Purchase Contract and the right to the refund of related costs, and also about the costs for using means of communication with the Seller.
6. Costs for delivering and accepting Goods
6.1. The Seller bears the costs for delivering/transporting Ordered Goods in the Czech and Slovak Republics (excepting cases indicated in the online presentation, excepting deliveries of DryPol® system 3 PLUS devices with peripherals, and excepting sales abroad) and these are included in the full price for the Goods determined in accordance with Article 7. If Goods are dispatched abroad within the EU outside the Czech Republic and Slovak Republic, the Buyer bears the full shipping costs.
6.2. In the event the Buyer repeatedly fails to accept Ordered Goods from an employee of a contractual carrier and they are returned to the Seller, the Buyer shall pay the costs connected with such repeated delivery of the Goods and the Seller has, in the event of a repeat order for the same Goods to be delivered to the same Buyer, the right to charge the full price for the delivery of the Goods increased by the full price for delivery/shipping in accordance with the carrier’s pricelist.
6.3. Ordered Goods are delivered to the Buyer using a carrier selected by the Seller.
6.4. The costs for the delivery of Goods, unless included in the price, are subject to the valid pricelist of the carrier selected by the Seller.
6.5. The Buyer shall accept Ordered Goods from the third-company (carrier) employee, and shall pay to them the charged price for the delivered Goods, including any costs for delivery, packaging or other costs in accordance with these Terms and Conditions, which they shall confirm with their signature on acceptance. The Buyer shall check that the Goods arrived in order and undamaged before the departure of the employee of the carrier who delivered the Goods.
6.6. If the Buyer does not accept Goods because they were damaged during shipping, the Buyer shall draw up a complaint report with the responsible person of the carrier that delivered the Goods based on instructions from the Seller.
7. Price for the Goods
7.1. Formal price specification
All the prices for Goods and services indicated in the Online Shop are final and are shown including the current rate of VAT and without VAT. In the event of a discrepancy between the VAT rate shown and valid legal regulations, the decisive price is that without VAT, to which VAT will be added at the currently valid rate. All prices are indicated in Czech crowns, unless stated otherwise. All prices for Goods and services are only valid for the Online Shop. Other prices than those indicated for similar (or the same) Goods are not legally enforceable from the Seller.
7.2. Binding nature of the prices for the Goods
The Seller is entitled to provide individual bulk discounts, special and other prices than those indicated in the Online Shop. The Seller will arrange such prices with the Buyer based on prior (personal, telephone, written) agreement. Such individually calculated prices are not legally enforceable for other cases. It is not possible to legally claim, or enforce in a court of law, prices for any eventual same or similar products if such are displayed on other websites or in any other advertising presentations in any advertising campaign in any form from any other company, or on any other websites or in any other different advertising presentations as part of any other advertising campaign in any form owned by the Seller. The prices are charged only to the Buyer that made the order, in one of the forms indicated in these Terms and Conditions, and where such order was accepted by the Seller and verified by a responsible employee of a third shipping company.
7.3. Price duration and validity
All the prices indicated in the Online Shop are valid from the moment of publication of the offer by the Seller in the Online Shop until further notice. The prices for Goods and services valid at the moment an order is made are used for any given Purchase Contract. Payments for the delivery of Goods outside the Czech Republic, other services, and any other fees pursuant to these Terms and Conditions are not included in the price for the Goods but are charged separately, and the total final purchase price, including all taxes and fees, that the Buyer shall pay in the event of the conclusion of a Purchase Contract will be increased by their amount.
7.4. Other fees
Packing at the rate indicated for the specific type of Goods is added to the indicated prices unless indicated or arranged otherwise, in justified cases, in the Online Shop. If the place of delivery by the third party (carrier) to the Buyer is outside the Czech Republic and the Slovak Republic, or for sales of the DryPol® system 3 PLUS device with peripherals:
• a transport fee is always added to the indicated final price for the Goods payable by the Buyer at the rate indicated for the individual type of Goods pursuant to Article 6.4;
• the prices are indicated without taxes, customs fees, insurance and shipping, which will be charged to the Buyer separately (including for partial performances), as a rule in the Seller’s invoice (the content of which is determined by the Seller), unless the Seller and the Buyer arrange otherwise.
7.5. Prices are set without taxes and potentially without customs fees, insurance and shipping, which will be charged to the Buyer separately (including for partial performances), as a rule in the Seller’s invoice (the content of which is determined by the Seller), unless the Seller and the Buyer arrange otherwise.
7.6. Changes in prices for Goods
The Seller has the right to change the prices for the Goods. Potential Buyers are notified of any change in the prices of Goods at a suitable place in the Online Shop. In exceptional cases, all changes in the prices of Goods and services will be communicated to the Buyer in person and/or by telephone and/or by email to the email address provided by the Buyer in the Online Shop electronic order form. However, a change in the price for Goods does not affect in any way the price for Ordered Goods pursuant to Purchase Contracts concluded prior to such change.
8. Method of payment for Goods and services
8.1. The Seller by default only accepts payment in cash or by payment card during cash-on-delivery to a responsible employee of a third company (carrier), when the payment of the whole amount (the total purchase price including any eventual shipping and other costs) is made in cash or by payment card to an employee of the carrier against acceptance of the Ordered Goods by the Buyer. The purchase price for the Goods is thus payable on acceptance of the Goods.
8.2. Unless the Seller and the Buyer arrange otherwise, no other payment method for Ordered Goods is acceptable.
8.3. The Seller will not require any deposit or other similar payment from a Buyer.
9. The Buyer/consumer’s right to withdraw from a Purchase Contract without giving a reason
9.1. If the Buyer is a consumer, special provisions of this Article 9 on the right of the Buyer/consumer to withdraw without giving a reason from a Purchase Contract will apply. The provisions of this Article 9 do not apply to other Buyers.
9.2. Consumers within the meaning of Section 419 of the Civil Code have the right to unilaterally and without giving a reason withdraw from a Purchase Contract within fourteen (14) calendar days from the moment of acceptance of Goods (this does not apply for Goods that were modified according to the wishes of the Buyer or for the Buyer, or Goods that were irreversibly mixed with other goods after delivery) and to require the refund of the financial amounts, including VAT, paid for such Goods, if they purchased the Goods and concluded the Purchase Contract via a means of remote communication (e.g. via the Online Shop). In the event of the Buyer’s withdrawal from a Purchase Contract, such Purchase Contract is cancelled from the beginning.
9.3. Delivery of withdrawal from a Purchase Contract
Withdrawal from a Purchase Contract must be sent in writing by registered mail to the Seller’s address or to the Seller’s email address. The form for withdrawing from a Purchase Contract is available in the Online Shop for downloading and printing.
9.4. Conditions for withdrawal from a Purchase Contract
If a Buyer/consumer withdraws from a Purchase Contract, they shall send or hand over to the Seller without undue delay, but no later than fourteen (14) days from withdrawal from the Purchase Contract, the Goods the Buyer received from the Seller.
9.5. Refunds
If a Buyer withdraws from a Purchase Contract, the Seller will refund to them, without undue delay but no later than fourteen (14) days from such withdrawal from the Purchase Contract, all the financial amounts (Purchase Price for the delivered Goods) including the delivery costs that the Supplier accepted from the Buyer based on the Purchase Contract, by bank transfer to the account notified to it in accordance with Article 9.3. The Seller is not obliged to refund accepted financial amounts to the Buyer before the Buyer hands over the Goods to the Seller or demonstrates that they sent the Goods to the Seller.
9.6. Costs for withdrawal from a Purchase Contract
All the costs incurred by a Buyer during the process of withdrawal from a Purchase Contract are not legally enforceable and will be borne by the Buyer in full. In the event of withdrawal from a Purchase Contract, the Buyer will only be refunded the price paid for the Ordered Goods.
9.7. Delivery of Goods in the event of the exercise of the right to withdraw from a Purchase Contract
If a Buyer exercises their right to withdraw from a Purchase Contract, the Ordered Goods must be returned to the Seller unused, intact and including all written documentation, and ideally in their original packaging. If the Seller finds that the returned Goods are damaged, incomplete or devalued in any other way, or with missing or incomplete documentation, they are entitled to reduce the amount they will refund to the Buyer by a proportionate amount corresponding to the level of devaluation of the Goods. It is not acceptable to return the Goods to the Seller as part of the exercise of the right to withdraw from a Purchase Contract cash-on-delivery, and a device may only be returned as a (valuable) package. In the event the Buyer returns to the Seller the Goods cash-on-delivery, the withdrawal from the Purchase Contract will not become valid until the date of return of the Ordered Goods to the Seller as a (valuable) package.
9.8. Complaints – On the basis of the Warranty Certificate, we provide DryPol® system devices with a warranty of 15 years from the date of acquisition of the system for free device servicing in the event of a fault in the device at any time during the warranty period.
The warranty for the operation of the system is provided for 15 years from the date of sale to the customer indicated on the tax document for the device. The manufacturer guarantees free servicing for the device for the duration of the DryPol® system warranty.
Please contact the retailer for out-of-warranty servicing. The warranty only applies to defects in material and manufacturing defects discovered during the warranty period. The customer pays postage and packing when making a complaint about Goods. The customer pays shipping to the place of installation of the claimed product from the registered office of the company pursuant to valid tariffs or individual agreement.
10. Communication with the Seller
10.1. Communication with the technical and sales department of the Seller, with the Seller, or with their authorised representative is by telephone and/or email and/or in writing in paper form.
10.2. Communication is in the Czech language, or in the language used in the Buyer’s country or in the language agreed after prior approval by the Seller by email.
10.3. Written communication addressed to the Seller must always be sent only to the postal address of the Seller indicated in Article 1.1, while the appropriate form, available for download in electronic form in the Online Shop, must always be enclosed. Unless the Seller and the Buyer agree otherwise, communication via a different postal address is not acceptable and will not be taken into account.
11. Warranty conditions
11.1. The Buyer has no rights from a defective performance if the damage or devaluation of the Goods occurred in one of the following ways:
• mechanical damage to the Goods caused by the Buyer;
• overvoltage (visibly burned components or printed circuit board) with the exception of normal deviations;
• use of the Goods in conditions that differ in terms of temperature, dust levels, humidity, chemical and mechanical effects from the environment directly determined by the Seller or the manufacturer;
• use of the Goods in contradiction to the instructions in the supplied documentation and/or in contradiction with the device installation and operating manual supplied together with the delivered Goods to the Buyer;
• improper installation, handling, operation or neglect of the Goods;
• excessive loading or use in contradiction with the conditions indicated in the documentation or general principles;
• unqualified intervention or change to parameters;
• modification by the Buyer (painting, bending, application of stickers etc.);
• natural elements or force majeure;
• if, within the meaning of the enclosed documentation mandatory for the Buyer, a surge protector (which the Buyer must procure and use at their own expense) was not installed between the electricity connection, i.e. the socket, and the device;
• if the seal on the device has been removed, tampered with or broken.
11.2. The Seller is responsible to the Buyer for ensuring that the Goods are in compliance with the Purchase Contract, in particular that they have no defects. The Seller is in particular responsible to the Buyer for ensuring that the Goods, on receipt, have the properties arranged between the contracting parties, and in the event of no such arrangement, such properties that the Seller or the manufacturer described or that the Buyer expected taking into account the nature of the Goods and based on the advertising for them, that they are suitable for the use as indicated by the Seller or such use as is normal for such a type of device, and that the Goods comply with the requirements in generally binding legal regulations.
11.3. If a Purchase Contract has been concluded by a Buyer/consumer, the rights from defects and the warranty for the Goods are governed by the provisions of the Civil Code applying to the sale of goods in a shop and by Act No 634/1992, on consumer protection, as amended (hereinafter the “Consumer Protection Act”).
11.4. A Buyer/consumer is entitled to exercise a right from a defect in the Goods for a period of twenty-four (24) months from receipt unless a longer period is arranged between the contracting parties or provided by the Seller.
12. Costs for the use of means of communication
12.1. Calling charges to the telephone numbers listed in the Online Shop are charged to the Buyer according to the standard pricelist of the telephone operator in question.
12.2. No other or hidden fees are charged by the Seller on any of the indicated telephone numbers.
13. Out-of-court dispute resolution in the case of a Buyer/consumer
13.1. A Buyer that is also a consumer within the meaning of Section 419 of the Civil Code has the right to the out-of-court resolution of a dispute relating to a Purchase Contract in accordance with Section 20d et seq. of the Consumer Protection Act through the Czech Trade Inspection Authority (www.coi.cz) (hereinafter the “CTIA”).
13.2. Out-of-court resolution of consumer disputes are initiated at the request of the Buyer/consumer, and such requests can be submitted in particular in writing, orally on record, or electronically through the on-line form on the CTIA website, but no later than one year from the date on which the Buyer first exercised their right, which is the subject of the dispute, with the Seller.
13.3. Before proceeding to out-of-court resolution of a dispute, the Buye/consumer shall first attempt to resolve their dispute directly with the Seller.
13.4. None of the provisions of this Article exclude the possibility for the Buyer/consumer to resolve a potential dispute in the manner in accordance with Article 16.2.
14. Personal data protection
14.1. The Buyer acknowledges that for the purposes of the conclusion of a Purchase Contract and for the period of time necessary for compliance with rights and obligations connected with such Purchase Contract, the Seller will collect and process provided personal data in its database. The personal data of the Buyer are stored in accordance with valid and effective laws of the Czech Republic, in particular Act No 101/2000, on the protection of personal data, as amended.
14.2. The Buyer is hereby informed that they have the right to access their personal data, to the correction of their personal data, to request the Seller to provide an explanation if they suspect that the processing of their personal data is in breach of the protection of their personal and private life, or that the personal data are being processed unlawfully, and to request correction of a situation contrary to legal regulations, in particular in the form of stopping the handling of the personal data, their correction, supplementation or deletion.
15. Changes to the Terms and Conditions and the validity of the Terms and Conditions
15.1. The right to amend these Terms and Conditions
The Seller is entitled to amend these Terms and Conditions. Such amended Terms and Conditions will become valid and effective on the date they are published in the Online Shop or at a later date indicated in them.
15.2. Validity of a contractual relationship
A contractual relationship that arose before the effect of new Terms and Conditions is governed by the Terms and Conditions valid on the date such contractual relationship was established.
16. Final provisions
16.1. These Terms and Conditions, all Purchase Contracts and the legal relationships between the Seller and the Buyer are governed and will be interpreted in accordance with the applicable laws of the Czech Republic, in particular the Civil Code and the Consumer Protection Act. However, this choice does not deprive a Buyer/consumer of the protection afforded to them by another legal system from which it is not possible to contractually deviate and which, in the absence of this choice of law, would otherwise apply.
16.2. The contracting parties undertake to resolve any disputes that could arise between them in connection with the performance or interpretation of these Terms and Conditions and/or a Purchase Contract through negotiation and mutual agreement. In the event it is not possible to resolve a dispute in a conciliatory manner within [thirty (30)] calendar days and the situation involves a Purchase Contract concluded with a Buyer that is not a consumer, all disputes arising from such Purchase Contract and/or in connection with it will be decided on by a Czech court with territorial jurisdiction over the registered office of the Seller.
16.3. If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, such invalid provision will be replaced with a provision whose meaning is as close as possible to such invalid provision. Such invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Any amendments and supplements to a Purchase Contract or these Terms and Conditions must be made in writing.
16.4. Purchase Contracts, including these Terms and Conditions, are archived by the Seller in electronic form and are not accessible.
16.5. In cases when the Buyer is a person engaged in business, Section 558(2) of the Civil Code is not applied, and commercial practices for the interpretation of the Purchase Contract will apply only after the provisions of the Civil Code or other legal regulations as a whole (meaning those provisions of legal regulations that are not coercive in nature also take precedence over commercial practices).
16.6. The contracting parties exclude the use of Section 1740(3) of the Civil Code, which provides that a contract is concluded even in the event of a lack of complete agreement between the contracting parties.
16.7. A Buyer that is a person engaged in business hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
16.8. In the event the Buyer is a person engaged in business, the contracting parties exclude the application of Section 1799 and Section 1800 of the Civil Code, which regulate references to terms and conditions in form-based contracts, and define incomprehensible or particularly disadvantageous clauses and the conditions of their validity.
These Terms and Conditions are valid and effective from 1 September 2016
