Epico International s.r.o., registered office at Na Zatlance 3283/10, 150 00 Prague 5, Company ID No. 028 97 750, entered under file No. C 225082 kept by the Municipal Court in Prague.
1. INTRODUCTORY PROVISIONS
1.1. The business terms and conditions (hereinafter the “business terms”) regulate the relationship between the parties to the purchase contract, with Epico International s.r.o., registered office at Na Zatlance 3283/10, 150 00 Prague 5, Company ID No. 028 97 750, entered under File No. C 225082 kept by the Municipal Court in Prague (hereinafter the “seller)” on one part and the buyer, which is a legal entity or natural person - entrepreneur on the other part (hereinafter the “buyer”) These business terms regulate the mutual rights and obligations of the parties arising in connection to or based on the purchase contract (hereinafter the “purchase contract”) concluded between the seller and buyer via the internet shop. The internet shop is operated by the seller at the internet address WWW.MYEPICO.COM in the e-shop, which is operated via the web interface (hereinafter the “shop web interface”).
1.2. These business terms also regulate the rights and obligations of the parties when suing the seller’s website at the address WWW.MYEPICO.COM (hereinafter the “website”) and the related legal relationships.
1.3. To avoid any doubts, it is stipulated that these business terms apply to cases when the party that intends to purchase the goods from the seller is acting within the framework of its business activity and for the purpose of reselling the subject of the purchase contract.
1.4. If by agreement of the seller and buyer the order or other document expressly stipulates a provision which diverges from these business terms, this divergent provision will take precedence before the provisions of these business terms.
1.5. These business terms are a part of the purchase contract and the buyer agrees to their wording when using the shop web interface.
1.6. The buyer acknowledges that the seller may amend or supplement these business terms. This provision does not affect the rights and obligations arising during the validity period of the prior version of the business terms.
2. BUYER REGISTRATION
2.1. Within the framework of the web interface, the buyer registers by providing the necessary data, which are required in the form on the website. After entering the necessary data, a confirmation e-mail containing the login data will be set to its contact e-mail address.
2.2. Based on registration pursuant to Art. 2.1, the buyer is granted access to its user account, through which it can send the seller proposals to conclude a purchase contract, monitor the status of its orders and track the history of its orders.
2.3. During registration on the website and further use of its user account, the buyer undertakes to provide only correct and truthful data. With respect to this paragraph, the buyer undertakes to update the data provided in the user account upon any change thereof. The buyer acknowledges that when ordering goods, the seller rightfully relies on these data being correct.
3. USE OF THE USER ACCOUNT
3.1. The buyer may access its user account via the username and password designated within the confirmation under Art. 2.1 or the password of its choice.
3.2. The buyer acknowledges that the seller does not guarantee the availability of the buyer’s user account, either for reasons of necessary outages, maintenance or other operational reasons.
3.3. The buyer undertakes to adopt such measures so as to avoid the misuse of its user data to the user account, and also acknowledges that the seller does not bear liability for a breach of these obligations by the buyer.
3.4. The buyer is not allowed to allow use of the user account by third parties if it is a natural person or a person representing a legal entity in the case of concluding purchase contracts pursuant to the data in the commercial register.
3.5. The seller reserves the right to cancel the user account. The seller may cancel the user account at any time, in particular if the buyer breaches its obligations arising from these business terms or if the user does not use its user account for more than 3 years.
4. CONCLUSION OF A PURCHASE CONTRACT
4.1. Via the shop web interface, the buyer sees the list of offered goods for sale including the price for individual goods.
4.2. The aforementioned list in graphic and text format specifies the price excluding value added tax. The offer of goods for sale and prices of these goods remain valid for the period of their publication on the shop web interface.
4.3. To select the goods, the buyer chooses the goods from the list of offered goods and adds them to the shopping cart.
4.4. To order the goods, the buyer completes the order form on the shop web interface within its shopping cart. The order form contains in particular information about:
- ordered goods,
- means of paying the purchase price for goods,
- means of delivering ordered goods and
- costs related to delivery of goods (hereinafter collectively the “order”).
4.5. The order on the shop web interface also contains information about the costs related to packaging and delivering the goods. The seller delivers goods within the Czech Republic, Slovak Republic, Hungary and Croatia. Different costs for packaging and delivering the goods apply for each country; the buyer is informed of their value within the shop web interface before confirming the order form.
4.6. Before placing a binding order, the buyer is allowed to check and change the data entered in the order.
4.7. The order is considered sent at the moment when the buyer bindingly confirms the order by clicking on the “send” button.
4.8. After sending the order, the seller will send the buyer a message immediately to confirm its order via e-mail to the buyer’s e-mail address, which the buyer provided when registering or use of the user account.
4.9. The buyer acknowledges the buyer’s right to request additional confirmation of the order. To avoid any doubts, it is specified that if the buyer does not confirm the order within 5 business days from receiving the request for additional confirmation, the seller has the right to withdraw from the concluded contract.
4.10. The seller reserves the right to withdraw from the purchase contract in the case of a proposal to conclude a purchase contract from a buyer who previously severely breached a purchase contract or the business terms. To avoid any doubts, it is stated that this applies also for the legal successors of such buyer.
5. PRICE OF GOODS AND PAYMENT CONDITIONS
5.1. The buyer may pay the price of the goods and potential costs related to their delivery pursuant to the purchase contract by the following means:
5.1.1. in cash on delivery at the place specified by the buyer in the order, or
5.1.2. pro-forma invoice.
5.2. To avoid any doubts, it is stipulated that the buyer is obliged, with the purchase contract, to pay the costs related to packaging and shipping the goods in the amount specified in the order form.
5.3. In the case of collect on delivery, the purchase price is due upon delivery of the goods.
5.4. In the case of payment via pro-forma invoice, the purchase price is due within seven (7) days from concluding the purchase contracts to the seller’s account under the variable symbol of the order, which is specified in the confirmation e-mail pursuant to Art. 4.8.
5.5. The seller is authorised, especially if the buyer does not additionally confirm the order pursuant to Art. 4.9, the request the payment of the full purchase price even before sending the goods to the buyer.
5.6. To avoid any doubts, the buyer acknowledges that potential events or discounts on the purchase price of goods cannot be combined.
5.7. If customary in business transactions or if stipulated by generally binding legal regulations, the seller will issue a tax document - invoice for the payments made by the buyer on the basis of the purchase contract. The seller is a payer of value added tax. The seller will issue the tax document - invoice to the buyer upon payment of the price for the goods and send it in electronic format to the buyer’s e-mail address specified during registration or in the user account.
6. ORDER CANCELLATION
6.1. If payment via pro-forma invoice is chosen, the order is automatically cancelled upon vain passing of seven (7) days from the maturity of the pro-forma invoice.
6.2. If collect on delivery or pro-forma invoice payment is chosen, the buyer has the right to cancel the order within giving a reason, provided it does so in writing via e-mail to the address firstname.lastname@example.org, at latest before the handover of the goods for shipment to the first carrier.
6.3. If collect on delivery or pro-forma invoice payment is chosen, the buyer has the right to cancel the order within giving a reason, also provided it does so immediately in the response to confirmation of the order pursuant to Art. 4.8 or 4.9, or at latest before handover of the goods for shipment to the first carrier.
6.4. Upon effective cancellation of the order, the seller is obliged to return the already paid purchase price to the buyer via transfer to the buyer’s account, unless the seller and buyer agree otherwise.
7. WITHDRAWAL FROM THE CONTRACT
7.1. The buyer has the right to withdraw from the purchase contract without undue delay after it could have determined that the goods are defective. In the case of a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could have identified it by exercising due care, but at latest within twenty-four (24) months from the day after the date of takeover of the goods. Withdrawal from the contract must be delivered to the seller in writing to the seller’s e-mail address.
7.2. In the case of withdrawal from the contract pursuant to Art. 7.1, the purchase contract is cancelled from the outset. The goods must be sent to the seller within fourteen (14) days from sending the notice of withdrawal from the contract to the seller. The goods must be returned to the seller undamaged and unused, and in their original packaging if possible. Costs related to returning the goods are borne by the buyer.
7.3. In the case of withdrawal from the contract pursuant to Art. 7.1 of the business terms, the seller will return the purchase price to the buyer within thirty (30) days from the returning of the goods by the buyer pursuant to Art. 7.2, via wire transfer to the buyer’s designated account. The seller is also authorised to return the purchase price in cash upon returning of the goods by the buyer.
7.4. The buyer acknowledges that if the goods returned by the buyer are damaged, used or partly consumed, the seller is entitled to the compensation of damages thus incurred from the buyer. The seller is authorised unilaterally to offset the claim to compensation of incurred damages against the buyer’s claim to a refund of the purchase price.
7.5. If the buyer is provided a gift together with the goods, the donation agreement between the seller and buyer is concluded with a dissolution clause, that if the consumer withdraws from the contract, the donation agreement regarding such gift ceases to be effective and the buyer is obliged to return the provided gift to the seller along with the goods.
7.6. The seller reserves the right to withdraw from the contract or part thereof, if it is impossible to deliver the goods by the delivery deadline or the agreed delivery deadline due to their temporary unavailability, or if such goods are no longer manufactured or supplied, or the price on the part of the supplier of the goods has changed substantially. Should such a situation arise, the seller will inform the buyer immediately in order to agree on further procedure.
8. TRANSPORT AND DELIVERY OF GOODS
8.1. The means of delivering the goods is determined by the seller, either by postal courier or consignment service. Information about the consignment service is included in the information in the order form on the shop web interface.
8.2. The buyer undertakes to take over the goods at the location specified during registration, in the user account or in the order. If the buyer thwarts delivery or does not take over the goods upon delivery, the seller is authorised to withdraw from the purchase contract.
8.3. In the case specified in Art. 8.2, the buyer undertakes to pay the seller the costs related to delivery of the goods automatically.
8.4. Assuming that the buyer insists on the repeated delivery of the goods, which were not delivered by fault of the buyer, it undertakes to pay the costs related to repeated delivery of the goods, respectively the costs related to other means of delivery.
8.5. Upon takeover of the goods from the carrier, the buyer is obliged to check the integrity of the goods packaging and report any defects to the carrier immediately. If a breach of the packaging indicating the unauthorised opening of the consignment is found, the buyer is not obliged to accept the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment containing the goods was not breached and there are no obvious defects in the goods.
9. LIABILITY FOR DEFECTS AND WARRANT
9.1. To avoid any doubts, it is stated that the seller does not provide the buyer with a quality warranty or any other types of liability for the quality of goods, which can be precluded within the limits of law. The buyer acknowledges that Section 2113 et seq. of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter the “Civil Code”) will not apply.
9.2. The rights and obligations of the parties regarding the seller’s liability for defects are governed by the relevant generally binding regulations, in particular Section 2099 et seq., Civil Code.
9.3. The buyer’s rights arising from the seller’s liability for defects will be applied by the buyer to the seller at the address “Epico International s.r.o., Českobrodská 237, 281 63 Kostelec nad Černými lesy”. The moment of applying the claim refers to the moment when the seller received the claimed goods from the buyer.
10. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. To avoid any doubts, it is stated that the purchase contract is concluded upon payment of the goods. Ownership of the goods is passed from the seller to the buyer at the moment of concluding the purchase contract. The risk of damage passes to the buyer upon takeover of the goods.
10.2. To avoid any doubts it is stated that the buyer is not authorised to use the shop web interface otherwise than through its representative or in person; in particular, it is not authorised to use any mechanical devices, programming equipment or other procedures when using the web interface, which could potentially threaten the operation of the shop we interface or otherwise interfere with the seller’s rights.
10.3. The buyer acknowledges that all the content of the websites including the shop web interface and actual programming equipment is protected by copyright or similar intellectual property rights of the seller. The buyer declares that without express consent, it will not conduct any activities which would allow it or third parties to unrightfully interfere or unrightfully use the programming equipment or content specified above. In particular, the buyer undertakes not to use the photographs, specifications and other information concerning the goods.
10.4. The buyer acknowledges that the seller does not bear liability for errors arising from intervention by third parties into the website or from use of the websites contrary to its purpose.
11. PERSONAL DATA PROTECTION AND SENDING COMMERCIAL MESSAGES
11.1. Protection of the personal data of the buyer, who is a natural person, or the representation of a buyer who is a legal entity, is provided under Act No. 101/2000 Coll., on personal data protection, as amended To avoid any doubts, where Art. 11 mentions the byer, this refers to the buyer as a natural person and/or the representative of a legal entity.
11.2. The buyer consents to the processing of its following personal data: name and surname, residence address, identification, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as the “personal data”).
11.3. The buyer consents to the processing of personal data by the seller, for the purpose of exercising the rights and obligations from the purchase contract, for the purpose of managing the user account and to send information and commercial messages to the buyer.
11.4. The buyer acknowledges that it is obliged to provide its personal data (during registration, in its user account, during orders made from the shop web interface) correctly and truthfully, and that it is obliged to provide the seller with information about changes in its personal data without undue delay.
11.5. The seller may entrust the processing of the buyer’s personal data to a third party as the processor. In addition to the parties transporting the goods, the seller will not provide the personal data to third parties without consent from the buyer.
11.6. The personal data will be processed for the period of time necessary to manage the personal account, but maximally for 5 years from its cancellation. The personal data will be processed in electronic format by automated means or in printed format by non-automated means.
11.7. The buyer confirms that the provided personal data are accurate and it has been informed that the provision of personal data is voluntary.
11.8. Should the buyer believes that the seller or processor performs the processing of its personal data in a manner contrary to the protection of the buyer’s privacy and private life or contrary to the law, in particular if the personal data are inaccurate given the purpose of their processing, it may:
11.8.1. ask the seller or processor to provide an explanation,
11.8.2. demand that the seller or processor rectify the given situation. In particular, this may mean the blocking, correction, supplementation or liquidation of personal data. If the buyer’s request pursuant to the previous sentence is found justified by the seller, the seller or processor will rectify the defective situation immediately. If the seller or processor does not accommodate the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the buyer’s right to contact the Office for Personal Data Protection directly.
11.9. If the buyer asks for information about the processing of its personal data, the seller is obliged to provide this information. The seller has the right to request reasonable compensation for providing the information pursuant to the previous sentence, not exceeding the costs incurred to provide the information.
11.10. The seller agrees to the sending of information related to the seller’s goods, services or enterprise to the buyer’s e-mail address, and also consents to the sending of the seller’s commercial messages to the buyer’s e-mail address.
11.11. The buyer acknowledges that consent to sending commercial messages may be withdrawn at any time based on instructions which are a part of the confirmation or other e-mails from the seller, or on the website www.b2b.myepico.com.
12.1. All correspondence related to the purchase contract must be delivered to the other party in writing, either via e-mail, in person or via registered mail through a postal services operator (at the sender’s discretion). Correspondence to the buyer is delivered to the e-mail address specified in its user account.
12.2. The message is delivered:
12.2.1. in the case of delivery via e-mail, at the moment of its acceptance to the incoming mail server; the integrity of message sent via e-mail may be determined by electronic signature methods,
12.2.2. in the case of delivery in person or via a postal services operator, at the moment of takeover of the correspondence by the addressee.
13. PROROGATION CLAUSE
13.1. All disputes concerning the purchase contract or related to it shall be resolved before the Czech courts with substantive jurisdiction and local jurisdiction based on the seller’s registered office, and pursuant to Czech law.
14. FINAL PROVISIONS
14.1. Should any provision of the business terms and conditions be or become invalid or ineffective, the invalid provision will be replaced by a provision, the purpose of which best corresponds to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and supplements to the purchase contract or business terms and conditions must be in writing.
14.2. Seller’s contact details:
Correspondence address: EPICO INTERNATIONAL s.r.o., Strakonická 3367, Building A, 150 00, Praha 5
E-mail address: email@example.com
Prague dated 15 August 2017