Terms & Conditions of Evexpert
1. INTRODUCTORY PROVISIONS
- These terms and conditions (hereinafter as "Terms" or "GTC") direct purchase of any product, especially accessories for electric vehicles, such as charging stations, charging cables and others (hereinafter as "Products") that are offered in the e-shop at the website https://evexpert.eu (hereinafter as "Eshop"). These Terms and Conditions are part of the purchase contract concluded through Eshop (hereinafter as Purchase Agreement). Please, read these Terms carefully as they define your rights and obligations connected with the purchase of Products in the Eshop, they also include the conditions of delivery of the Products and the possibility of withdrawal from the Purchase Agreement.
- These terms are an integral part of the Purchase Agreement. Unless a Deviation Agreement is explicitly stated in the Purchase Agreement or unless the validity of certain provisions of these Terms is explicitly excluded in the Purchase Agreement, these Terms shall apply to the mutual relations of the contracting parties. These Terms take precedence over legislation that allows deviations. Application of any other terms and conditions is excluded
The seller and at the same time the operator of the Eshop is the company EV Expert s.r.o. with its headquarters at Polská 181/70, 779 00 Olomouc, Czech Republic, identification number 056 99 711, entered in the Commercial Register kept by the Regional Court in Ostrava under the file number C 68925 (hereinafter as "the Seller" or "We").
- Any term listed in these Terms with an initial capital letter have the meaning assigned below:
- "Buyer", or "You", refers to every visitor of the Eshop, regardless of whether he acts as a consumer or as an entrepreneur;
- "Manuals" are all warranty manuals, use instructions, warranty cards and other documentation sent to the Buyer electronically or physically handed to him together with the Products;
- "Our Email address" is the email address email@example.com;
- "The Civil Code" is Act No. 89/2012 Coll., The Civil Code, as amended;
- "Order" is an electronic order of Products filled by the Buyer on the Eshop website;
- "Entrepreneur" is a buyer who is not a consumer. Any person who concludes the Purchase Agreement related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of the Entrepreneur, is considered an entrepreneur;
- "Our premises" is our registered office at Stupkova 952/18, 779 00 Olomouc, Czech Republic;
- "Consumer" is the Buyer who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling the Purchase Agreement;
- "User account" is a setting on the Eshop web interface, defined on the basis of the Buyer's registration;
- "Your Email Address" is the email address provided by the Buyer in his User Account, or in the Order, to which the Seller will send documents in accordance with the Purchase Agreement.
4. USER ACCOUNT
- You may place Orders through your User Account. If the web interface of the store allows it, you can also place Orders without registration directly from the web interface of the store.
- When registering on the website and when ordering the Products, it is necessary to state correctly and truthfully all the required data. We will consider all your provided data as correct and up-to-date.
- Access to the user account is secured by a username and a password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his User Account and must not give access to his User Account to third parties.
- We may delete the User Account without permission, especially if the user hasn't logged in into the User Account for more than 2 years, or in the event of any breach of the obligations stated under the Purchase Agreement (including the GTC).
- The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or the necessary maintenance of hardware and software equipment of third parties who provide the Seller with the operation of the Eshop or other related services
5. CONCLUSION OF THE PURCHASE AGREEMENT
- The Eshop web interface contains information about the Products, including a product description and the price of each Product. The Product prices remain valid as long as they are displayed in the Eshop web interface. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed conditions.
- All presentation of the Products placed on the Eshop website is for information purposes only. The Seller does not use this presentation to make an offer to conclude a Purchase Agreement for these Products and is not obliged to conclude a Purchase Agreement for such Products with the Buyer. Therefore the provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
- The Purchase Agreement can be concluded only on the basis of a duly completed Order and its acceptance by Us. The purchase Agreement is thus concluded only when you receive an email confirmation stating that we accepted your order.
- In some cases, we may ask you for an additional confirmation of the Order (for example, in writing or by telephone).
- The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement.
6. PURCHASE PRICE AND PAYMENT TERMS
- If the Purchase Agreement stipulates separate fees associated with the packaging and delivery of the Products additional to the purchase price, these fees must be paid together with the purchase price. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the Products.
- After the payment of the price of the Products to the Seller, but no later than at the time of delivery of the Products, you will receive an invoice issued on the basis of the invoicing data specified in the Order. The invoice will be sent in electronic form to Your Email Address, or it will be handed over to you in printed form together with the Products.
- Discounts on the price of the Products provided by the Seller to the Buyer may not be freely combined with each other.
- If the Buyer is an entrepreneur and the purchase of the Products is exempt from tax or other levies due to a certain position or status of the Buyer and the Buyer subsequently loses such position or status, or if it turns out that he did not have them at the time of concluding the Purchase Agreement, or if for any other reason the tax or other levy is assessed by the competent authority and assigned to the Seller instead because of Buyer's misconduct or omission, the Buyer is obliged to pay the Seller an amount equal to the tax or levy thus assessed.
7. TRANSPORTATION AND DELIVERY OF Products
- You can pick up the Products either in person at Our Premises, or we can send them to the address specified by you in the Order. Delivery is provided by a third party, and therefore we are not responsible for the timely delivery of the Products.
- If the mode of transport is contracted on the basis of your special request, you bear the risks and any additional costs associated with this mode of transport.
- If you choose a specific place in the Order to which the Products are to be delivered, then you are obliged to receive the Products at this place in accordance with the conditions of the relevant carrier.
- If for reasons on your part, it is necessary to deliver the Products repeatedly or in a different way than stated in the Order, you are obliged to pay the costs associated with the repeated delivery of the Products, or the costs associated with the different method of delivery.
- Upon receiving the Products from the carrier, you must check the integrity of the packaging of the Products and in the event of any defect you must immediately notify the carrier. If you find a violation of the packaging indicating unauthorized entry into the shipment, you are not obliged to accept the shipment from the carrier.
- More detailed information regarding the delivery of Products and individual methods of delivery of Products, including delivery outside the territory of the Czech Republic, can be found here.
8. WITHDRAWAL FROM THE PURCHASE AGREEMENT AND FULL REFUND
8.1 Withdrawal of the Buyer
- You may withdraw from the Purchase Agreement within fourteen days of receiving the Products. You can withdraw from the Purchase Agreement by sending a written notice of withdrawal to the address of Our Premises or to our Email Address. We will immediately confirm the receipt of the written notice of withdrawal from the Purchase Agreement to your Email Address.
- In accordance with the provisions of § 1837 of The Civil Code, you may not withdraw from the Purchase Agreement of Products that have been specially modified according to your wishes or for your person.
- In the event that you withdraw from the Purchase Agreement in accordance with these Terms, the Purchase Agreement is canceled from the beginning. You must then return or send the Products to us no later than fourteen days after the withdrawal from the Purchase Agreement.
- The costs associated with the return of the Products shall be borne by you, even if the Products cannot be returned by the ordinary mail service due to their nature. If the Products cannot be returned by the usual postal route, the web interface of the Eshop also contains information on the cost of the necessary special transport when returning them.
- If you decide to withdraw from the Purchase Agreement, the Products must be returned in their original condition, undamaged, including all accessories that you received with them and in their original packaging.
- If you withdraw from the Purchase Agreement in accordance with these GTC, we will return the funds we received from you in full within fourteen days of receiving the returned Products (in its original condition, without signs of damage, including all accessories that you received with it and in the original packaging) in the same manner as we received the payment from you. Upon agreement, if it does not incur any additional expense, we can return the funds to you in a different way.
- If you return the Products damaged, or you do not return everything you received from Us, We may unilaterally deduct the amount corresponding to the damage of the Products or missing Products or parts thereof against your right to the refund of the purchase price.
- If we provide you with a gift together with the Products, the gift contract for such a gift is concluded with an untying condition that if the Purchase Agreement is withdrawn, the gift contract regarding this gift ceases to be effective and you are obliged to return the gift to us.
8.2 Withdrawal of the Seller
- As the Seller, we have the option to withdraw from the Purchase Agreement if you do not pay the purchase price properly and on time.
- Furthermore, we may withdraw from the Purchase Agreement if you indicate that the Products shall be collected in person at our premises and then you do not collect them within 14 days of concluding the Purchase Agreement.
- Our withdrawal from the Purchase Agreement will always be made in writing and it will be sent to your Email Address.
- If we withdraw from the Purchase Agreement at the moment when you have already paid the purchase price, we will return it to you without undue delay by transfer to your designated account.
9. CONDITIONS OF USE OF THE PRODUCTS AND COMPLAINTS
- When using the delivered Products, you must follow the instructions and recommendations written in the Manuals. The Manuals for all relevant Products are also available in electronic form in the web interface of the Eshop.
- The Products may not be used in any other way than that for which they are intended.
- Products that need professional installation before they can be properly operated, may not be used until such professional installation is carried out by a qualified technician. The installation must be carried out in accordance with the applicable technical standards and specifications of the Products. If the Products are damaged as a result of improper installation, We are not liable for such damage.
- Complaints about the Products cannot be accepted if the Products are damaged due to improper maintenance, mechanical damage or careless handling in violation of the Manuals, for example:
- if you cause a defect due to improper handling, unprofessional or insufficient maintenance;
- if you cause a defect by unauthorized modifications to the product (construction, wiring, etc.);
- if you cause a defect by external mechanical or chemical influences and damage (including damage to the surface, scratches, corrosion, etc., damage to the cable caused by improper maintenance, including connection to poor quality connectors of the electric car, as a result of which the Products are damaged);
- if you cause a defect by using the Product in conditions that do not correspond to the conditions set by the Seller - especially excessive pollution of the premises, dust, unsuitable temperature, etc.;
- if you cause a defect by not following the instructions given in the Manuals;
- if you cause a defect by using the Products in combination with another device or item that is defective or not intended for such use;
- if you cause a defect due to the use of the Products during extreme conditions (heavy hail, storm, etc.); or
- if you cause a defect due to the disassembly of the Products or the replacement of unsuitable components.
e. If you have concluded the Purchase Agreement as a Consumer, you can exercise your rights from defective performance with Us within twenty-four months of receiving the Products. If you have concluded the Purchase Agreement as an Entrepreneur, you can exercise your rights from defective performance with Us within twelve months of receiving the Products.
f. We provide a quality guarantee to all Buyers for a period of twelve months of receiving the Products.
g. You may exercise the rights arising from defective performance at our Premises or at the Seller's registered office. The moment when we receive the Products from you is considered to be the moment of claim, in respect of which the right from defective performance is exercised.
h. Defective performance rights may not be exercised in relation to Products
- sold at a lower purchase price due to a defect for which such lower purchase price was agreed,
- in relation to normal wear and tear of the Products caused by their normal use
- in relation to defects corresponding to the degree of use or wear and tear that the Products had when taken over by the Buyer, or
- if it follows from the nature of the Products.
10. PROTECTION OF PERSONAL DATA
- The Buyer acknowledges that the Seller processes Buyer's personal data for the purpose of exercising the rights and obligations under the Purchase Agreement in accordance with the legislation concerning the processing and protection of personal data, in particular, but not exclusively, Regulation (EU) 2016 / 679 of 27 April 2016 on the protection of individuals 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) (GDPR) and any judicial or administrative interpretation of the processing and protection of personal data, any guidelines, codes of conduct or approved certification mechanisms issued by the Office for Personal Data Protection (Personal Data Protection Regulations).
- The Seller fulfills the information obligation in accordance with the legal regulations on personal data protection towards you as a subject of the personal data with the following information:
i. We are in charge of administration of your personal data.
ii. The legal reasons for processing your personal data are: fulfillment of the Purchase Agreement, compliance with our legal obligations, our legitimate interest (providing our services and delivery of High Quality Products, damage prevention or direct marketing).
iii. Possible recipients of your personal data are:
- Byznysweb.cz / IRISOFT SYSTEMS, s.r.o.
- Zaslat.cz / Zaslat s.r.o. and its forwarding service partners (GLS, DPD, UPS)
- PPL s.r.o.
- Postabezhranic.cz / FROGMAN s.r.o. (DHL, Speedy)
- Česká pošta / Česká pošta, s.p.
- Google Inc. / Google Ireland Limited
- EVTrip / CDB s.r.l
iv. Some personal information is transferred by Google to countries outside the European Union or the European Economic Area as part of Google Inc.'s paid, secure and professional services. / Google Ireland Ltd. The list of countries can be found here: www.google.com/about/datacenters/inside/locations/
v. Retention period of your personal data:
- Personal data processed on the basis of the performance of the Purchase Agreement are stored for the time necessary for the exercise of rights and obligations under the Purchase Agreement and for the period during which you have set up a User Account with Us and for a period of 3 years from the end of the business relationship between us.
- Personal data that we process in order to fulfill our legal obligations arising from accounting, tax and other relevant legal regulations are stored for the period specified therein; for example, we retain your accounting information for 5 years from the end of the business relationship between us and we retain your tax information for 10 years from the end of the relevant tax period.
- After the expiration of the specified period for the storage of your personal data, this personal data will be securely and irreversibly deleted from our systems so that it cannot be misused.
- The Buyer agrees to keep their personal data in his User Account up-to-date and accurate and, in the event of a change in his personal data relevant to the exercise of rights and obligations under the Purchase Agreement, the Buyer agrees to notify the Seller without undue delay.
- The Buyer acknowledges that we process the following personal data: name and surname, address of residence / registered office, delivery address, identification number, tax identification number, e-mail address, telephone number, or bank account number when paying by bank transfer (altogether referred to as "Personal data").
- The Buyer acknowledges that we process his Personal Data for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the user account.
- Personal data will be processed in electronic form in an automated manner (cookies, automatic transfer of logistical data, order notifications, accounting processing) or in printed form in a non-automated manner (invoice printing, printing of shipping labels, individual price offers).
- The Buyer has the right to request access to his Personal Data, their correction or deletion. He can also request restrictions on processing of his data, or to raise an objection to the processing, as well as the right to data portability.
- The Buyer may file a complaint with the Office for Personal Data Protection regarding the method of processing his Personal Data.
For communication with the Seller, the Buyer may also use the following contact details of the Seller:
Postal address Stupkova 952/18, 779 00 Olomouc
E-mail address firstname.lastname@example.org
Telephone number +420 722 689 252
Bank account Number: 333322227 / 2010,
Held at Fio Banka, a.s.
12. TAKE-BACK OF ELECTRICAL EQUIPMENT
- The Seller ensures the take-back of electrical equipment from households through the contractual partner REMA systém, a. s., in accordance with the relevant legal regulations. The buyer is entitled to return the old electrical equipment at any collection point of the above-mentioned contractual partner. The addresses of these collection points are listed on the website of the contractual partner REMA.
- The buyer is also entitled to return the electrical equipment in other collection points intended for the collection of the said waste.
- The Buyer acknowledges that electrical equipment must not be disposed of with common waste, but must be disposed of at designated points, i.e. collection yards or collection points, such as those referred to in paragraph (a) of this Article 12. (Take-back of electrical equipment). Hazardous and harmful substances from these devices and wastes can harm the environment and/or human health. You can find more detailed information on handling of electrical equipment, as well as the meaning of the graphic symbol for marking electrical equipment for the purposes of its take-back and the separate collection of electrical waste, on the above-mentioned website.
13. FINAL PROVISIONS
- In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
- In the event that any provision of these GTC is or becomes invalid or ineffective, the other provisions of these GTC and the Purchase Agreement remain valid and effective. The parties shall replace the invalid or ineffective provision with another, valid and effective provision, the content and meaning of which best corresponds to the content and meaning of the original provision.
- The Purchase Agreement, including these GTC, is archived by the Seller in electronic form and at Buyer's written request it will be sent to his Email address.
- Both the Buyer and the Seller assume the risk of a change of circumstances in the sense of § 1765, paragraph 2 of the Civil Code.
- The Purchase Agreement, including these GTC, and all rights of the Buyer and the Seller arising from the Purchase Agreement or in connection with it or with its termination are governed by the laws of the Czech Republic.
- The court of the Czech Republic has substantive and territorial jurisdiction to resolve any dispute arising from the Purchase Agreement, in connection with it, or its termination.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, identification number 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the Purchase Agreement.