General Terms and Conditions

I. Basic Provisions

1.These General Terms and Conditions (hereinafter the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code")
EVmate s.r.o.,
Company ID: 17457661
VAT ID: CZ17457661
registered office: Cilkova 865/11, 142 00 Prague 4
registered with the Municipal Court in Prague, Section C, Insert 101498
contact details:
email: sales@evmate.eu
www.evmate.eu
(hereinafter the "seller")

2.These Terms and Conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter the "buyer"), through the web interface located at www.evmate.eu (hereinafter the "online store").

3.The provisions of the Terms and Conditions form an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over these Terms and Conditions.

4.These Terms and Conditions and the purchase contract are concluded in Czech, German or English.

II. Information About Goods and Prices

1.Information about goods, including prices and main characteristics, is provided for each item in the online store catalog. Prices include value added tax, all related fees and costs for returning goods if such goods cannot, by their nature, be returned by ordinary postal service. Prices remain valid for as long as they are displayed in the online store. This does not exclude concluding a purchase contract under individually agreed conditions.

2.All presentation of goods in the online store catalog is informative and the seller is not obliged to conclude a purchase contract for such goods.

3.Information about costs related to packaging and delivery of goods is published in the online store.

4.Any discounts on the purchase price cannot be combined unless the seller and buyer agree otherwise.

III. Order and Conclusion of the Purchase Contract

1.Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (internet connection costs, telephone call costs) are paid by the buyer. These costs do not differ from the basic rate.

2.The buyer places an order by completing the order form.

3.When placing an order, the buyer selects the goods, quantity, payment method and delivery method.

4.Before sending the order, the buyer can check and change the data entered in the order. The buyer sends the order to the seller by clicking the confirmation button. The seller considers the data stated in the order to be correct. A valid order requires completion of all mandatory data in the order form and confirmation that the buyer has read these Terms and Conditions.

5.Immediately after receiving the order, the seller sends the buyer confirmation of receipt to the e-mail address entered by the buyer. This confirmation is automatic and is not considered conclusion of the contract. The seller's current Terms and Conditions are attached to the confirmation. The purchase contract is concluded only after the seller accepts the order. Notice of order acceptance is delivered to the buyer's e-mail address.

6.If the seller cannot meet any requirement stated in the order, the seller sends an amended offer to the buyer's e-mail address. The amended offer is considered a new proposal for a purchase contract, and the contract is concluded when the buyer confirms acceptance of this offer to the seller's e-mail address stated in these Terms and Conditions.

7.All orders accepted by the seller are binding. The buyer may cancel an order until the buyer receives notice of order acceptance by the seller. The buyer may cancel the order by telephone or e-mail using the seller's contact details stated in these Terms and Conditions.

8.If an obvious technical error occurs on the seller's side when listing the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods at the obviously incorrect price, even if the buyer has received automatic confirmation of order receipt. The seller informs the buyer of the error without undue delay and sends an amended offer to the buyer's e-mail address. The amended offer is considered a new proposal for a purchase contract, and the contract is concluded when the buyer confirms acceptance to the seller's e-mail address.

IV. Payment Terms and Delivery of Goods

1.The buyer may pay the price of goods and any delivery costs under the purchase contract in the following ways:

- cashless payment by payment card

- cashless transfer to the seller's account through the GoPay payment gateway

- cashless transfer to the seller's bank account No. 123-10355080287/0100 maintained by Komercni banka a.s. in Czech crowns, or cashless transfer to the seller's bank account No. CZ4501000001231035100217, SWIFT code KOMBCPPXXX, maintained by Komercni banka a.s. in euros.

2.Together with the purchase price, the buyer is obliged to pay the seller costs related to packaging, delivery and any customs clearance in the agreed amount. Unless expressly stated otherwise, the purchase price also includes costs related to delivery.

3.In the case of cash payment, the purchase price is payable on receipt of goods. In the case of cashless payment, the purchase price is payable within 10 days from conclusion of the purchase contract.

4.In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

5.In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

6.The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price before dispatch of goods is not a deposit.

7.Under the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer and to register the received sale with the tax administrator online, or no later than within 48 hours in the event of a technical outage.

8.Goods are delivered to the buyer:

- by carrier to the address specified by the buyer in the order

- by personal pickup at the seller's premises

9.The delivery method is selected during the ordering process.

10.Delivery costs depending on the method of dispatch and receipt are stated in the buyer's order and in the seller's order confirmation. If the delivery method is agreed on the basis of a special request by the buyer, the buyer bears the risk and any additional costs associated with that delivery method.

11.If the seller is obliged under the purchase contract to deliver goods to a place specified by the buyer, the buyer is obliged to take over the goods on delivery. If goods must be delivered repeatedly or in a different way for reasons on the buyer's side, the buyer is obliged to pay the costs of repeated delivery or other delivery method.

12.On receipt of goods from the carrier, the buyer must check the integrity of the packaging and immediately notify the carrier of any damage. If damage to the packaging indicates unauthorized access to the shipment, the buyer does not have to accept the shipment.

13.The seller issues the buyer a tax document - invoice. The tax document is sent to the buyer's e-mail address and is also enclosed with the delivered goods.

14.The buyer acquires ownership of the goods by paying the full purchase price, including delivery costs, but not earlier than by taking over the goods. Liability for accidental destruction, damage or loss passes to the buyer when the goods are taken over, or when the buyer was obliged to take over the goods but failed to do so contrary to the purchase contract.

V. Withdrawal from the Contract

1.A buyer who concluded the purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

2.The withdrawal period is 14 days:

- from the date of receipt of goods,

- from the date of receipt of the last delivery if the contract covers several types of goods or several parts,

- from the date of receipt of the first delivery if the contract covers regular repeated delivery of goods.

3.The buyer may not withdraw from the purchase contract, among other cases:

- for delivery of goods or services whose price depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,

- for delivery of goods modified according to the buyer's wishes or for the buyer's person,

- in other cases specified in Section 1837 of the Civil Code.

4.To comply with the withdrawal period, the buyer must send the withdrawal statement within the withdrawal period.

5.The buyer sends withdrawal from the purchase contract to sales@evmate.eu or to the seller's delivery address. The seller confirms receipt of the withdrawal without delay or sends information that the withdrawal cannot be accepted due to statutory reasons.

6.A buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days from withdrawal.

7.If the buyer withdraws from the contract, the seller returns without delay, and no later than within 14 days from withdrawal, the funds received from the buyer in the amount of the purchase price, using the same method in which payment was received. The seller returns funds by another method only if the buyer agrees and if this does not create additional costs for the buyer.

8.If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds before the buyer hands over the goods.

9.The buyer must return the goods to the seller undamaged, unworn and clean, and if possible in the original packaging. The seller may unilaterally set off any claim for damage to returned goods against the buyer's claim for return of the purchase price.

10.The seller may withdraw from the purchase contract due to sold-out stock, unavailability of goods, or if the manufacturer, importer or supplier has discontinued production or import of the goods. The seller informs the buyer without delay via the e-mail address stated in the order and returns all funds, including delivery costs, within 14 days from notice of withdrawal, using the same method or a method specified by the buyer.

VI. Rights from Defective Performance

1.The seller is liable to the buyer that the goods have no defects on receipt. In particular, the seller is liable that at the time the buyer received the goods:

- the goods have properties agreed by the parties, or if no agreement exists, properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and advertising,

- the goods are suitable for the purpose stated by the seller or for which goods of this type are usually used,

- the goods correspond in quality or design to the agreed sample or template, if quality or design was determined by sample or template,

- the goods are in the appropriate quantity, measure or weight, and

- the goods comply with legal requirements.

2.The buyer may exercise rights from a defect that occurs in consumer goods within twenty-four months from receipt. This does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear caused by normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when received, or where this follows from the nature of the goods.

3.If the buyer is a legal entity, i.e. a B2B sale, the buyer may exercise rights from a defect that occurs in consumer goods within twelve months from receipt.

4.If a defect occurs, the buyer may submit a complaint to the seller and request repair of the goods.

5.The buyer has the right to withdraw from the contract if the same defect is claimed three times for the product (non-functionality or product defect caused three times by the same component during the warranty period, etc.).

6.When making a complaint, the buyer must send the completed complaint form to evmate@vekobs.cz. The complaint form is available for download HERE or at www.evmate.eu.

7.The seller is obliged to accept a complaint at any establishment where accepting complaints is possible, or at the registered office or place of business. The seller must issue written confirmation to the buyer stating when the right was exercised, the content of the complaint, and confirmation of the date and method of complaint settlement, including confirmation of repair and its duration, or written justification for rejecting the complaint.

8.The seller or an authorized employee decides on the complaint immediately, or in complex cases within three business days. This period does not include the reasonable time needed for professional assessment of the defect according to the type of product or service. The complaint, including removal of the defect, must be settled without delay, no later than within 30 days from filing, unless the seller and buyer agree on a longer period. Expiry of this period is considered a material breach of contract and the buyer has the right to withdraw. The moment of filing a complaint is when the buyer's expression of will reaches the seller.

9.The seller informs the buyer in writing (by e-mail) about the complaint result.

10.The buyer is not entitled to rights from defective performance if the buyer knew before taking over the item that it had a defect, or if the buyer caused the defect.

11.Rights and obligations of the parties regarding defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VII. Delivery of Correspondence

1.The parties may deliver all written correspondence to each other by electronic mail.

2.The buyer delivers correspondence to the seller at the e-mail address stated in these Terms and Conditions. The seller delivers correspondence to the buyer at the e-mail address stated in the buyer's customer account or order.

VIII. Out-of-Court Dispute Resolution

1.The Czech Trade Inspection Authority, registered office Stepanska 567/15, 120 00 Prague 2, Company ID 000 20 869, website https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and buyer arising from the purchase contract.

2.The European Consumer Centre Czech Republic, registered office Stepanska 567/15, 120 00 Prague 2, website http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

3.The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the competent trade licensing office within its authority. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, to the defined extent.

IX. Final Provisions

1.All arrangements between the seller and buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

2.The seller is not bound by any codes of conduct towards the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

3.All rights to the seller's website, especially copyright to content, page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the seller's consent.

4.The seller is not liable for errors caused by third-party interference with the online store or use contrary to its intended purpose. When using the online store, the buyer may not use procedures that could negatively affect its operation and may not perform any activity that could allow the buyer or third parties to interfere unlawfully with or unlawfully use the software or other components forming the online store, or use the online store or its parts or software in a manner contrary to its intended purpose.

5.The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

6.The purchase contract, including the Terms and Conditions, is archived electronically by the seller and is not accessible.

7.The wording of the Terms and Conditions may be amended or supplemented by the seller. This provision does not affect rights and obligations arising during the effective period of the previous wording of the Terms and Conditions.

These Terms and Conditions take effect on 1 October 2022