These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") apply to the agreements concluded through the online shop TECHENERGO located on the web interface www.techenergo.net (hereinafter referred to as the "Web Interface") between the company
TechEnergo s.r.o., with the registered office at Brno, Erbenova 311/2, Post Code 602 00, Czech Republic
Company Id. No.: 28287649, Tax Id. No.: CZ28287649
Registered in the Companies Register kept by the Regional Court in Brno, Section C, File 58804
Correspondence address: TechEnergo s.r.o., Erbenova 311/2, 602 00 Brno, Czech Republic
Telephone No.: (+420) 571 141 497
Contact e-mail: [email protected]
as the Seller
and a natural person or legal entity
as the Buyer
(Both the parties may be hereinafter collectively referred to also as the „Contracting Parties“).
1.1. These Terms and Conditions define and specify the basic rights and obligations of the Contracting Parties when concluding agreements on sale of goods or other agreements stated herein (collectively as the "Agreement") through the web interface.
1.2. According to Section 1751, Subsection 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the provisions of these Terms and Conditions form an integral part of the Agreement. Provisions diverging from these Terms and Conditions can be agreed upon in an agreement concluded between the Seller and the Buyer as a one-off agreement or a framework agreement. Diverging provisions agreed in such agreements shall prevail over the Terms and Conditions. The Terms and Conditions may be changed or amended by the Seller. The rights and obligations of the Contracting Parties shall be always governed by that wording of Terms and Conditions under the validity of which they arose. The rights and obligations of the Contracting Parties shall be further governed by the Conditions of Use of the Web Interface www.techenergo.net and conditions and instructions posted on the web interface, especially when concluding an Agreement. The relations between the Contracting Parties regarding the issues that are not regulated herein shall be governed by the legislation, particularly the Civil Code.
1.3. By sending an order, the Buyer confirms that it has been acquainted with these Terms and Conditions and that it agrees with their contents.
2. Order and Conclusion of Agreement
2.1. The presentation of goods on the Web Interface is only informative and does not constitute a Seller's proposal for concluding an agreement under Section 1732, Subsection 2 of the Civil Code.
2.2. The Seller shall inform the Buyer of the price and availability of goods based on the Buyer´s request which shall be submitted through the form available on the Web Interface. Based on the request, the Seller shall send a quotation, information on availability and other information regarding the goods and payment methods. If the quotation is acceptable for the Buyer, it shall order the goods. All orders accepted by the Seller are binding.
2.3. The Agreement shall be concluded as from the time when the order confirmation shall be delivered to the Buyer.
2.4. An order must always contain the exact name of the ordered goods (or the numerical designation of goods), the number of pieces of goods and the selected methods of payment and shipping. If the Buyer wants to use a different billing and shipping information than the information stated in the request, it must state such information in its order.
2.5. Cancellations or changes of orders are possible only upon an agreement with the Seller. In case of cancellation by the Buyer, a cancellation fee up to 100% of the price of goods may be demanded; such fee will be forwarded to the manufacturer of the ordered goods who will determine the options and conditions of cancellation of the given order.
2.6. Submitting a request by any other method than by filling out the web form (especially via a telephone or e-mail communication) is possible only upon the Seller´s agreement on such other method.
2.7. The acceptance of the Seller´s offer with any deviation shall be regarded as a new Buyer´s offer. The Agreement shall be concluded only if the Seller accepts such offer (Section 1740 Subsection 3 of the Civil Code shall not apply).
3. Delivery Terms
3.1. Delivery time shall depend on the availability of goods. Delivery time can be found out by inquiring the Seller.
3.2. The Seller shall be obliged to deliver the goods to the Buyer by an agreed method, properly packed and accompanied by necessary documents. The necessary documents shall be especially documents necessary for the takeover of the goods. Unless agreed otherwise, the documents shall be in the English language.
3.3. Upon agreement of the Contracting Parties the Seller shall arrange for the Buyer the transport and transportation insurance which shall be provided by a selected contractual transporter (the current list of transporters is available on the web interface). The price for transport and insurance shall be paid by the Buyer in accordance with the current pricelist of the transporter. The transport of goods is governed by applicable international regulations Incoterms 2010. The relevant clause forms an essential part of each order. If the clause is not explicitly defined, the clause Ex Works Kotojedy 56, 767 23 Kroměříž, Czech Republic shall apply. The risk of damage of goods shall pass to the Buyer upon delivery of the goods.
3.4. If the Buyer shall arrange its own transport, the goods shall be ready for the Buyer in the Seller´s warehouse at Kotojedy 56, 767 23 Kroměříž, Czech Republic, unless explicitly agreed otherwise.
3.5. Prior to the takeover of goods the Buyer shall be obliged to check the integrity of the packaging of goods and to report any defects to the Seller or transporter without any delay. The defects shall be recorded in a report. If no report of defects is issued, the Buyer shall lose any claims arising from the damaged packaging of goods. The Buyer acknowledges that the packaging of goods can be damaged as a result of an internal check, making photo-documentation and customs or export procedures.
3.6. The Buyer is obliged to check the goods immediately after the takeover of the goods, in particular the Buyer is obliged the check the number of pieces of goods and its completeness. If a discrepancy is discovered, the Buyer shall be obliged to report it to the Seller without undue delay, however at the latest within 7 business days from the takeover of goods. The Buyer shall be obliged to document the discovered defects in a proper way and to send such documentation to the Seller together with the notice of defect.
3.7. By not taking over the goods by the Buyer, the Seller's right to demand the full payment of the purchase price shall not be affected.
3.8. If the Buyer does not take over the goods even after an explicit appeal by the Seller in an additional period of at least 4 weeks from the delivery of the Seller´s appeal, the Seller shall be entitled to sell the goods on behalf of the Buyer in a reasonable way. The proceeds from the sale, from which the Seller shall deduct the costs of transport, safekeeping and storage of goods, shall be remitted to the Buyer´s account the details of which shall be communicated by the Buyer to the Seller for this purpose.
3.9. In case of requirements for a special packaging of goods, increased costs of such packaging may be charged to the customer.
4. Software License
4.1. The software published by the Seller of by other publishers may be ordered through the Web Interface.
4.2. If the subject matter of the Agreement is software, the goods shall be delivered to the Buyer by means of an electronic software key. If the electronic key has been used, the Buyer shall not be entitled to withdraw from the Agreement. In case of software the Seller is liable only for the functionality of the key. The Seller shall not be liable for the contents of the software, unless the Seller is the publisher at the same time.
4.3. The use of software is subject to the relevant publisher´s licensing conditions. Prior to the installation or running the software, the Buyer must express its acceptance of the licensing conditions. The Buyer undertakes to comply with the licensing conditions, in particular it undertakes to use the software only within the scope of use stated in the licensing conditions and on a number of devices corresponding to the number stated in the purchased licence.
5. Payment Terms
5.1. The Buyer may choose to pay the purchase price in one of the below mentioned payment methods:
a) Prior to the delivery of goods:
- on-line payment by a payment or credit card;
- payment via the PayPal Service;
- by transfer to the Seller´s bank account, based on the pro forma invoice, by the maturity date stated in the pro forma invoice;
b) After the delivery of goods:
- by transfer to the Seller's bank account, based on the tax document (invoice), by the maturity date stated in the invoice;
The Seller is entitled not to enable the payment after the delivery of goods. This payment method is usually reserved for regular customers. Unless agreed otherwise, the invoice shall be attached to the goods together with the delivery note.
5.2. The Buyer´s obligation to pay the price of goods shall be fulfilled at the time when the relevant amount is credited to the Seller´s account.
5.3. If the payment deadlines are not met in compliance with these Terms and Conditions, the Buyer shall be charged a default interest of 0.1% of the outstanding amount per each day of delay. The Seller´s right to damages caused by the delay shall not be affected.
5.4. In case of the Buyer´s default in payment of the price for the goods, the Seller shall be also entitled to suspend any further agreed deliveries of goods until all due payment obligations are met.
5.5. The payment of goods is possible in euros (EUR).
6. Withdrawal from the Agreement
6.1. Until the takeover of goods by the Buyer, the Seller shall be entitled to withdraw anytime from the purchase agreement. In such case the Seller shall repay to the Buyer any purchase price, which was already paid by the Buyer, by wire transfer to the bank account notified for this purpose by the Buyer or to the bank account from which the funds for payment of the purchase price were remitted (if the Buyer does not inform the Seller of such bank account within 5 days from the withdrawal).
6.2. The Seller shall be further entitled to withdraw from the Agreement if the Buyer is in delay with the payment of the purchase price for goods for a time longer than 4 weeks.
6.3. The Buyer shall not be entitled to withdraw from the Agreement in relation to goods which were delivered properly, in time and without defects. The return of such goods shall be possible only upon agreement with the Seller and the Seller shall be entitled to demand the compensation of incurred costs the amount of which shall be communicated to the Buyer in advance.
6.4. The withdrawal from the Agreement must be in written form (including email). The withdrawal from the Agreement shall come into force as from the delivery of the notice of withdrawal to the other Contracting Party.
6.5. In case that there was a gift provided together with the goods, the donation agreement becomes ineffective upon the withdrawal from the Agreement by any of the Contracting Parties.
7. Rights Arising From Defective Performance
7.1. Conditions for exercise of rights arising from defective performance and warranty responsibility are governed by the below given provisions and further by Sections 2099 to 2117 of the Civil Code.
7.2. The Seller shall sell only new and original products produced by the specified producer and originating from destinations known beforehand, unless agreed otherwise depending on the nature of goods.
7.3. The Seller shall be responsible for handing over faultless goods. The rights of the Buyer arising from defective performance are based only on the defects of goods existing at the time of transfer of the risk of damage to the Buyer, even if they appear later. The Seller does not provide any quality warranty unless it is explicitly specified with the goods or unless the warranty is explicitly agreed by the Seller and the Buyer. In such a case the warranty period specified with the goods or contained in such agreement shall apply.
7.4. The Seller shall be liable for defects occurring as a consequence of a Seller´s breach of obligation.
7.5. If a defect constitutes a serious breach of the Agreement, the Buyer shall have the following rights arising from defective performance:
a) that the defect is remedied by delivering a new product without defects or by delivering a missing part;
b) that the defect is remedied by repairing the product (if the repair is not possible, the Buyer shall be informed about it; in such case instead of the repair the Seller shall deliver a new faultless product);
c) to be offered a reasonable price reduction or
d) to withdraw from the Agreement.
7.6. If a defect constitutes a minor breach of the Agreement, the Buyer shall have the following rights arising from the defective performance:
a) to be offered a reasonable price reduction or
e) that the defect is remedied by repair (if the repair is not possible, the Buyer shall be informed about it; in such case the Buyer is entitled only to a reasonable purchase price reduction).
7.7. The Buyer shall be obliged to inform the Seller of the chosen method of remedy of the defect together with the claim notice, otherwise the Buyer shall be entitled only to the remedy of the defect by the method chosen by the Seller or to a reasonable purchase price reduction.
7.8. The existence of a defect does not affect the Buyer´s obligation to pay the full purchase price (Section 2108 of the Civil Code shall not apply).
7.9. The Buyer shall be obliged to claim the goods defects with the Seller within 14 business days from the date of discovering the defects at the latest (in case of apparent defects within 3 days from the transfer of risk of damage of goods). If the Buyer does not notify the defect in time, it will lose the rights arising from the defective performance.
7.10. The Buyer shall be obliged to deliver the claimed goods to the Seller to its contact address or another address communicated by the Seller to the Buyer for this purpose. She Buyer shall be obliged to use the address for delivery of claimed goods specified by the Seller. The Seller shall not accept goods sent Cash on Delivery. The goods must be properly packed so that they cannot be damaged or destroyed. The goods must be accompanied by the document on purchase of the goods, description of the defect and the suggested method of solving the claim.
7.11. In case of an unjustified claim, the costs associated with the claim shall be paid by the Buyer. In case of a justified claim, the costs associated with the claim shall be paid by the Seller.
8. Information For Consumers
8.1. If the Buyer is a natural person concluding the Agreement outside the framework of his/her business activity or outside the framework of his/her job, the Buyer is entitled to have the consumer protection in accordance with the applicable legislation, in particular the Civil Code and Act No. 634/1992 Coll., on the Consumer Protection, as amended.
8.2. In particular, the consumer
a) under certain conditions has the right to withdraw from the Agreement concluded by means of remote communication;
b) has the right to obtain information prior to the conclusion of the Agreement (information is contained in these Terms and Conditions or on the web interface)
c) has the right to extra-judicial settlement of a consumer dispute arising from the Agreement;
d) has the right to warranty for unused consumer goods for 24 months;
e) if the domicile of the consumer is not in the Czech Republic, such consumer is entitled to a higher level of protection provided by the Law of his/her country, if such Law provides a higher level of protection than the Czech Law.
8.3. The right to withdraw from the Agreement. In accordance with Section 1829 of the Civil Code, the consumer has the right to withdraw from the Agreement within a period of 14 days from the delivery of the goods. By such withdrawal from the Agreement the Agreement becomes null and void as if it has never been concluded. In case of delivery of digital contents without any material medium, in accordance with Section 1837, letter l) of the Civil Cod, it is not possible to withdraw from the Agreement that was fulfilled, with the consent of the consumer, prior to the expiry of the withdrawal period.
8.4. Return of goods and money in case of withdrawal. The consumer shall be obliged to return the goods within 14 days from the withdrawal from the Agreement. The Seller shall return to the consumer all received funds within 14 days from the withdrawal from the Agreement, however not before the return of the goods from the consumer or before the consumer proves that the goods were sent. The expenses of sending the returned goods to the Seller´s address are paid by the consumer even in the case when due to the nature of the goods, the goods cannot be returned by means of the regular postal service.
8.5. Rights arising from defective performance. The Buyer who is a consumer has, in addition to the rights specified above in Section 7, also the rights in accordance with Sections 2165 to 2174 of the Civil Code. In case of unused consumer goods, the warranty period lasts 24 months from the take-over of goods, unless the web interface, documents attached to the goods, or the advertisement specify a longer warranty period. The period for settling a claim is 30 days from the date of raising the claim.
8.6. Information on concluded Agreement. The Agreement is not concluded in written form with signatures of the Contracting Parties. The Agreement consists of these Terms and Conditions, the Buyer´s order and its acceptance by the Seller. Individual steps of concluding the Agreement are visible on the web interface. The complete Agreement shall be sent to the consumer by email. The Agreement can be concluded in the Czech language or the English language. The Seller shall archive the Agreement (including these Terms and Conditions) in electronic form. The Agreement is not accessible to third parties.
8.7. The Agreement is concluded by means of remote communication (especially by means of the Internet). The costs relating to the use of means of remote communication (in particular costs of Internet connection or telephone calls) are paid by the consumer. These costs do not differ from normal tariffs.
8.8. The Seller is not bound by any codes of conduct and it does not observe any such codes in relation to its customers.
8.9. Extra-judicial settlement of disputes arising from the Agreement. In case of any dispute between the Seller and the Buyer, who is a consumer, arising from the Agreement which cannot be settled directly, the Buyer is entitled to submit such dispute to the Czech Trade Inspection Authority (http://www.coi.cz/ and https://adr.coi.cz/cs) for the purpose of an extra-judicial settlement of a consumer dispute. The consumer is entitled to exercise this right at the latest within 1 year from the date when he/she exercised the right which forms the subject matter of such consumer dispute with the Seller for the first time.
8.10. Sections 2.5, 3.2, 3.3, 3.4, 3.5, 5.3, complete Section 6, Subsections 7.9, 7.10 and 7.11 of these Terms and Conditions do not apply to Buyers who are consumers.
9. Protection of Trade Secrets and Seller´s Business Policy
9.1. When concluding the Agreement and its performance the Buyer may receive information marked as confidential or the confidentiality of which follows from its nature. The Buyer undertakes:
a) to keep such information as confidential;
b) not to disclose such information without the Seller´s consent to any third person;
c) not to use it for any other purpose except the performance of the Agreement;
d) not to use it in any other harmful manner.
9.2. The Buyer further undertakes that without the Seller´s consent the Buyer shall not make any copies of materials provided by the Seller.
10. Closing Provisions
10.1. If the relationship concerning the use of the Web Interface or the legal relationship based on the Agreement shall contain any international (foreign) element then the Contracting Parties agree that the relationship shall be governed by the Czech Law (with the exclusion of the UN Convention on Contracts for the International Sale of Goods).
10.2. Any disputes arising from the Agreement or relating to the Agreement shall be decided by the courts of the Czech Republic and the jurisdiction shall always depend on the registered office of the Seller.
10.3. If any provision of these Terms and Conditions is or shall become invalid or ineffective or inapplicable, such invalid provision will be replaced by a new provision the meaning of which will be as close as possible to the invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity of the remaining provisions. Any changes and amendments to the Agreement or the Terms and Conditions must be executed in written form.
These Terms and Conditions are valid and effective as from December 2016.