General Terms and Conditions
purchase in the ELSYMCO E-shop
The Terms and Conditions apply to purchases in the E-shop – Elsymco.com, operated by Digital Vent Technologies s.r.o., with its registered office at Velflíkova 4, 160 00 Prague 6, IČ 10888276, DIČ: CZ10888276, registered in the Commercial Register maintained by ms in Prague, section C, insert 350206.
Digital Vent Technologies s.r.o. is the exclusive sales representative of ELSYMCO s.r.o., ID 28505026, with its registered office at K Roztokům 321/34, 165 00 Prague 6.
TelefonTelefon: +420 725 555 031, +420 725 555 131
Delivery address / showroom: ELSYMCO, Velflíkova 4, Praha 6 160 00.
Operation time: Mon – Fri 9 a.m. – 4 p.m.
These Terms and Conditions govern in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller or another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the seller on a website located at the internet address www.elsymco.com (hereinafter referred to as the "website") through the website interface.
- Consumer contract is a purchase contract, a contract for work, or other contracts if the parties to the contract are, on the one hand, the consumer and on the other hand the supplier.
- Seller is a person who, when concluding and performing a contract, acts in the course of his business or other business activities. It is an entrepreneur who, directly or through other entrepreneurs, supplies products or provides services to the buyer.
- Buying consumer or only a consumer is a natural person who, when concluding and performing a contract, does not act in the course of his commercial or other business activity or in the independent exercise of his profession. He is entitled to withdraw from the contract under the conditions set out below.
- Buyer who is not a consumer (hereinafter referred to as the "buyer not a consumer") is a person who, when concluding and performing a contract, acts in the course of his trade or other business activity or in the independent exercise of his profession. He is not entitled to withdraw from the contract as a consumer, he is only entitled to exchange goods under the conditions below.
- User account is a web interface from which the customer orders goods on the website www.elsymco.com
- Terms and conditions are an integral part of the purchase contract.
- The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts when ordering goods in the course of his business or in the independent exercise of his profession.
- Provisions deviating from the Terms and Conditions can be negotiated in the Purchase Contract. Deviating arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions.
- The seller may change or supplement the wording of the terms and conditions. This is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
- All orders placed through the online store www.elsymco.com are binding. By sending the order, the buyer confirms that he has become acquainted with and agrees with these terms and conditions as well as the Complaints Procedure.
- Based on the buyer's registration, made on the website www.elsymco.com the buyer can access its user interface. From its user interface, the buyer can order goods. If the web interface allows it, the buyer can also order goods without registration directly from the web interface of the store.
- When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.
- Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and is not entitled to allow the use of the user account to third parties.
- The seller may cancel the user account, especially if the buyer has not used his user account for more than 5 years, or if the buyer breaches his obligations under the purchase contract, including the terms and conditions.
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of hardware and software of third parties.
- Order and conclusion of the purchase contract
- All presentations of goods placed in the web interface of the e-shop are informative and the seller is not obliged to conclude a purchase contract for these goods. The provisions of § 1732 para. 2 of Act No. 89/2012 Coll. NOZ does not apply.
- The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods include VAT and all related fees, except for fees associated with packaging and shipping. These costs listed separately in the web interface apply only if the goods are delivered within the territory of the Czech Republic. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This does not limit the seller's ability to conclude a purchase contract with the buyer under individual conditions.
- To order goods, the buyer fills in the order form in the web interface of the store.
- Before sending the order to the seller, the buyer is allowed to check and change and correct the data he has entered in the order. The buyer sends the order to the seller by clicking on the "order" button.
- The data specified in the order are considered correct by the seller. Immediately after receiving the order, the Seller shall confirm this to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order.
- Sending an order is considered to be such an act of the buyer, which undoubtedly identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding proposal for the purchase contract for the parties.
- The place of delivery of the goods is the address specified by the buyer in the registration form.
- The condition for the validity of the order is to fill in all the mandatory data in the order form, familiarize yourself with these terms and conditions on the website and confirm that the buyer has become acquainted with these terms and conditions. The seller is always entitled, depending on the nature of the order, to ask the buyer for additional confirmation of the order.
- The contractual relationship between the seller and the buyer arises only upon delivery of the acceptance of the order, which the seller sent to the buyer by e-mail to the buyer's e-mail address.
- The contract is concluded in the Czech language, unless circumstances on the part of the seller or buyer prevent it, the contract can also be concluded in another language understandable to the parties.
- In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer to the buyer's electronic address an amended offer indicating the possible variants of the order and request the buyer's opinion.
- The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case only by the buyer's acceptance via e-mail.
- The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs thus incurred by the buyer shall be borne by the buyer.
- Withdrawal from the purchase contract
- The buying consumer has the right to withdraw from the contract without giving reasons within fourteen (14) days from the date of receipt of the goods. For the purpose of exercising the right to withdraw from the contract, the buyer consumer must inform the seller of his withdrawal of this contract, the trading company ELSYMCO s.r.o., represented by the exclusive commercial representative, Digital Vent Technologies s.r.o., with its registered office at Velflíkova 4, 160 00 Prague 6, ID 10888276, VAT ID: CZ10888276, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 350206.
- On the seller's website, the buyer consumer can download a sample form www.elsymco.com/complaint-form fill it in and send it to the e-mail address of the firstname.lastname@example.org or send the required information via the contact form: www.elsymco.com/contact/.
- In the event of withdrawal from the purchase contract according to the terms and conditions, the purchase contract is canceled from the beginning and the parties are obliged to return their performance to each other. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract by the buyer. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
- In the event of withdrawal from the contract under the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of delivery of the goods that were the subject of the Purchase Contract, in the same way as the Seller received them from the Buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer, or in another way, if the buyer agrees with it and if the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
- The Seller is entitled to unilaterally set off the claim for compensation for damage incurred to the goods against the Buyer's claim for a refund of the purchase price.
- Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by wire transfer to the account designated by the buyer, or to the account from which the seller received payment for the goods.
- If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement regarding such a gift ceases to be effective and the buyer is obliged to return the gift to the seller along with the goods.
- The Seller reserves the right to cancel the order pursuant to § 2006 - § 2009 of the Civil Code. When this situation occurs, the seller will immediately contact the buyer by phone or e-mail in order to agree on further steps (replacement of the ordered goods with another, cancellation of the order, etc.).
- A buyer who is not a consumer, i.e. the one who stated the ID and VAT number on the order, is not entitled to return the goods (withdrawal from the contract), is only entitled to exchange the goods within 14 days of delivery of the goods, unless the parties agree otherwise.
- In accordance with Section 1837 of the Civil Code, the buying consumer may not withdraw from the contract in particular:
- on the provision of services, if they were fulfilled with his prior express consent before the expiry of the withdrawal period and the seller informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal,
- on the supply of goods or services the price of which depends on financial market fluctuations independently of the seller's will and which may occur during the withdrawal period,
- for the supply of perishable goods as well as goods which have been irreversibly mixed with other goods after delivery,
- on the delivery of sealed goods that the consumer has removed from the packaging and cannot be returned for hygienic reasons,
- in the case of counter sales directly at the store (without an existing order from the e-shop),
- on the supply of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract.
- on the supply of goods or a custom-made product or which has been modified according to the buyer's wishes
Goods can be returned in the following ways:
- delivered by prior agreement to the showroom of ELSYMCO, Velflíkova 4, Prague 6 160 00.
- send without cash on delivery to ELSYMCO, Velflíkova 4, Prague 6 160 00
- The prices of the offered goods and services are valid at the time of the order and are final, i.e. including VAT. The costs of packing and shipping will be added to the price of the goods and, unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
- The Seller reserves the right to correct the price of the goods before sending the goods, if it finds out that the goods were offered at the wrong price. In this case, the buyer must inform about the correct price and he must agree with the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be cancelled by the seller.
- by credit card
- by online transfer
- Method of delivery, delivery costs
- Delivery is provided by the transport company GLS. The goods are delivered to the address specified by the customer, the customer is informed about the dispatch of the goods by e-mail and sms. Delivery is provided on working days during normal business hours.
- Delivery dates are only indicative and depend on the current situation and capacity of individual transport companies.
- Orders worth more than CZK 950 are delivered by courier service free of charge (when selecting the standard shipment option).
- The seller always informs the customer about the sending of the goods by a message to his e-mail address and mobile phone (if it was indicated when sending the order). If the ordered goods are not in stock, the seller will contact the customer by phone and propose further steps, e.g. another performance, extension of the delivery period or withdrawal from the contract.
- Tax document – the invoice is sent to the customer on the day of dispatch of his shipment to the contact e-mail address that he entered when sending the order or that is specified in his user account.
- Transport and delivery of goods
- When the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer In the order, the buyer is obliged to take over the goods upon delivery.
- When, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier and the seller. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.
- Other rights and obligations of the parties in the transport of goods may be regulated by special delivery terms of the seller, if they are issued by the seller.
- If the buyer is a consumer, his right to pay a complaint is not affected in any way.
- Rights and obligations arising from defective performance
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended).
- The seller is responsible to the buyer for the fact that the goods have no defects upon receipt. This does not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by their normal use, to used or displayed goods to a defect corresponding to the degree of their use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
- The buyer's right from defective performance is based on a defect that the thing has when the risk of damage passes to the buyer, even if it becomes apparent later. The buyer's right shall also be established by a later defect caused by the seller's breach of his obligation.
- If the defective performance is a material breach of contract, the buyer has the right to:
- to remove the defect by delivering a new item without a defect or by delivering the missing item,
- to remove the defect by repairing the thing
- a reasonable discount on the purchase price,
- to withdraw from the contract.
- The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The buyer cannot change the choice made without the seller's consent, this does not apply if the buyer requests the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable time or if he notifies the buyer that he will not remove the defects, the buyer may request a reasonable discount on the purchase price instead of removing the defect, or he may withdraw from the contract.
- If the defective performance is an insignificant breach of contract, the buyer has the right to remove the defect or to a reasonable discount on the purchase price.
- Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller can deliver what is missing or remove the legal link. Other defects may be removed by the seller at his choice by repairing the item or delivering a new thing, the choice must not cause unreasonable costs to the buyer.
- If the seller does not remove the defect of the item in time or refuses to remove the defect, the buyer may request a discount on the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.
- The buyer may not withdraw from the contract or require the delivery of a new item if he cannot return the item in the state in which he received it.
- Complaints and warranty of goods
- The manufacturer provides a warranty of 24 months on the product, unless a longer warranty is specified for individual goods, and 24 months on spare parts installed by a professional service company. The warranty does not cover wear and tear from normal use of the products or damage caused by improper handling. The warranty conditions, the conflict with the purchase contract and the complaint process, the exercise of rights from defective performance, are regulated in detail by the Complaints Procedure.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: www.coi.cz, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.
- The buyer assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
Its information obligation towards the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation") related to the processing of the buyer's personal data for the purpose of performing the purchase contract, for the purpose of negotiating this contract and for the purpose of fulfilling the Seller's public obligations, the Seller performs through a special document.
- These Terms and Conditions apply in the wording stated on the Seller's website, on the day of sending the electronic order by the Buyer, who accepts them without reservation.
- Documents will be delivered to the buyer to the e-mail address specified in his user account or specified by the buyer in the order.
- If the relationship established by the purchase contract contains an international element, then the parties agree that this business relationship is governed by Czech law. By choosing the law referred to in the previous sentence, the buyer who is a consumer is not deprived of the protection afforded to him by the provisions of the legal order from which it is not possible to derogate contractually and which, in the absence of a choice of law, would otherwise apply under the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
- The Buyer agrees within the meaning of § 7 para. 2 of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, with the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a special document.
- If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by the provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one contractual provision shall not affect the validity or effectiveness of the provisions of the others.
- In the event of a change in the Terms and Conditions, the original Terms and Conditions valid at the time of conclusion of the Purchase Agreement can be obtained upon request sent to the e-mail address email@example.com.
These Terms and Conditions and the Complaints Procedure come into effect on 1 September 2022. Changes to the Terms and Conditions and the Complaints Procedure are reserved.
- The annex to the Terms and Conditions consists of a sample form for withdrawal from the purchase contract.