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Business terms and conditions

of

EFEGRAV s.r.o.

with the registered office at Charbulova 123/25, 618 00 Brno

company identification number: 062 93 646

registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 101220

for the sale of goods through an online store located on the www.be52.eu website.

  1. PRELIMINARY PROVISIONS
    1. These Business Terms and Conditions (hereinafter referred to as the 'Business Terms') of the EFEGRAV s.r.o. company, with the registered office at Charbulova 123/25, 618 00 Brno, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 101220: 06293646, Tax Reg no.: CZ06293646, (hereinafter referred to as the 'Seller') regulate in accordance with the provisions of Section 1751 (1) of Act No 89/2012 Coll, the Civil Code (hereinafter referred to as the 'Civil Code'), the mutual rights and obligations of the parties arising from or based on the purchase contract (hereinafter referred to as the 'Purchase Contract') entered into between the buyer and another natural person (hereinafter referred to as the 'Buyer') via the Seller’s online store. The Seller operates the online store located on a website at the address www.be52.eu (hereinafter referred to as the 'website') through a website interface (hereinafter referred to as the 'online store web interface').
    2. The Business Terms shall not apply in cases where a person intending to purchase goods from the Seller is a legal person or a person who, when ordering goods, is acting within the scope of their business activities or the independent performance of their profession.
    3. The provisions different from the Business Terms may be agreed in the Purchase Contract. Any different provisions in the Purchase Contract prevail over the provisions of the Business Terms.
    4. The provisions of the Business Terms form an integral part of the Purchase Contract. The Purchase Contract and the Business Terms are executed in the English language. The Purchase Contract may be concluded in the English and German language.
    5. The text of the Business Terms may be changed or amended by the Seller. This provision shall not affect the rights and obligations that originated during the effective term of the previous version of the Business Terms.
  2. USER ACCOUNT
    1. The Buyer can order goods without registering a user account directly from the web interface or based on registration from their user interface. By registering a Buyer on the website, the Buyer can access their user interface from which the Buyer can order the goods (hereinafter referred to as the 'user account').
    2. When registering on the website and when ordering goods, the Buyer is required to enter all information correctly and truthfully. The Buyer is required to update the data specified in the user account in the event of their change. The Seller regards the data that the Buyer enters in the user account and when ordering goods as correct. By registering and/or ordering goods, the Buyer confirms that they have become familiar with these Business Terms and agrees with them, and they also confirms that he has become familiar with the GDPR policy.
    3. Access to the user account is secured by a user name and password. The Buyer is required to protect the confidentiality of all information essential for access to the user account.
    4. The Buyer is not authorised to allow any third parties to use the user account.
    5. The Seller may cancel the user account, especially if the Buyer violates their obligations under the Purchase Contract (including the Business Terms).
    6. The Buyer acknowledges that the user account may not be available continuously, particularly with regard to essential maintenance of the Seller’s hardware or software, or third-party hardware or software.
  3. ENTERING INTO THE PURCHASE CONTRACT
    1. All presentations of the goods on the online store website are informative in nature, and the Seller is not required to enter into a Purchase Contract regarding such goods. Section 1732 (2) of the Civil Code shall not be used.
    2. The online store web interface contains information on goods, including the prices of individual items. The stated prices of goods include value-added tax and all related charges. The prices of goods shall remain valid for as long as they are displayed on the online store web interface. This provision does not restrict the Seller from entering into a Purchase Contract under individually negotiated conditions.
    3. The online store web interface also contains information on costs related to the packaging and delivery of goods.
    4. In the case of the imposition of duty, the Buyer shall pay the duty and the associated fees.
    5. To order goods, the Buyer shall complete an order form on the online store web interface. The order form contains information about:
      • the ordered goods (the Buyer shall 'place' the ordered goods in the electronic cart of the online store web interface),
      • payment method of the purchase price of the goods, information about the requested delivery method of the ordered goods, and
      • information on costs related to the delivery of the goods (hereinafter collectively referred to as an 'order').
    6. Prior to sending an order, the Buyer is able to check and modify the information in the order, which also gives the Buyer the opportunity to find and correct any mistakes made while entering data into the order form. The Buyer sends the order to the Seller by clicking on the 'FINISH ORDER' button and simultaneously confirms acquaintance with these Business Terms and the GDPR policy and acceptance thereof. The details specified in the order are considered accurate by the Seller. Immediately after receiving the order, the Seller shall confirm this fact by electronic mail to the Buyer’s electronic mail address specified in the user account or in the order (hereinafter referred to as the 'Buyer’s electronic address').
    7. The Seller is always entitled, depending on the character of the order (the quantity of the goods, the amount of the purchase price and the expected costs for transport), to ask the Buyer for additional confirmation of the order (g. in writing or by phone).
    8. The contractual relationship between the Seller and the Buyer is established by delivery of the order acceptance (the acceptance), which is sent by the Seller to the Buyer by email to the Buyer’s email address.
    9. The Buyer agrees to the use of remote means of communication when concluding the Purchase Contract. The costs that arise for the Buyer during the use of remote communication means in connection with entering into the Purchase Contract (costs for internet connection, costs for phone calls) shall be paid by the Buyer alone, and these costs shall not differ from the basic rate.
  4. PRICE OF THE GOODS AND TERMS OF PAYMENT
    1. The Buyer may pay the Seller the price of the goods and any costs associated with delivery of such goods pursuant to a Purchase Contract by the following means:
      • by cashless transfer via a payment system PayPal, GoPay or ShoptetPay;
      • by credit card;
      • by bank transfer;
    2. Along with the purchase price, the Buyer is also required to pay to the Seller the costs related to the packaging and delivery of the goods in the agreed amount. Unless explicitly specified otherwise, the purchase price shall also be understood as costs related to the delivery of the goods.
    3. The Seller does not request a deposit or other such payment from the Buyer. This shall not affect the provisions of Article 6 of the Business Terms regarding the obligation to pay the purchase price for the goods in advance.
    4. In the case of cashless payment, the purchase price shall be payable within 3 days following conclusion of the Purchase Contract.
    5. In the case of cashless payment, the Buyer is required to specify the variable symbol of the payment when making a payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the Seller’s account.
    6. The Seller is entitled to request payment of the purchase price in full before sending the goods to the Buyer, especially in the event that it does not receive additional confirmation of an order (Article 7) from the Buyer.
    7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined, unless otherwise specified in the discount terms.
    8. If it is usual in the business relationships or if it is determined by general binding laws, the Seller shall issue to the Buyer a tax document/invoice for the payment performed on the basis of the Purchase Contract. The Seller is a value-added tax payer. The Seller shall issue the tax document/invoice to the Buyer after payment is made for the goods, and shall send it in electronic form to the Buyer’s email address.
    9. Under the Act on Registration of Sales, a vendor is required to issue a sales receipt to a buyer. It will also register online the revenue received with the tax administrator, in the case of a technical failure, no later than within 48 hours.
  5. WITHDRAWAL FROM THE PURCHASE CONTRACT
    1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, for the Buyer to withdraw from the Purchase Contract for delivery of goods that have been customised according to the Buyer's wish; or for the Buyer to withdraw from the Purchase Contract for delivery of goods that have been irreversibly mixed with other goods after delivery; or from the Purchase Contract for delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons.
    2. Unless the case specified in Article 1 of the Business Terms or another case when it is not possible to withdraw from the Purchase Contract, the Buyer, in accordance with the provisions of Section 1829 (1) of the Civil Code shall be entitled to withdraw from the Purchase Contract even without specifying a reason within fourteen (14) days of receipt of the goods, and if the subject of the Purchase Contract consists of multiple types of goods or delivery of multiple parts, then this period shall commence as of the date of receipt of the last delivery of the goods. We extend the withdrawal period up to ninety (90) days. Notice of withdrawal from the Purchase Contract must be sent within the period specified in the preceding sentence. The Buyer may use the example form provided by the Seller, which forms an Annex to these Business Terms, to submit a notice of withdrawal from the Purchase Contract. The Buyer may send the notice of withdrawal from the Purchase Contract to the address of the Seller’s business premises or to the Seller's email address at be52@be52.info.
    3. In the event of withdrawal from the Purchase Contract pursuant to Article 2 of the Business Terms, the Purchase Contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of delivery of the notice of withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs relating to returning the goods to the Seller.
    4. In the event of withdrawal from the Purchase Contract pursuant to Article 2 of the Business Terms, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract by the Buyer, by wire transfer to the account from which the payment for the goods was received, unless the Buyer specifies, in the notice of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Business Terms, another account. If the Buyer withdraws from the Purchase Contract, the Seller is not required to return the received money before the Buyer returns the goods to the Seller.
    5. The Seller is entitled to unilaterally offset a claim for compensation for damages caused to the goods against the Buyer’s claim to a refund of the purchase price.
    6. In cases when the Buyer, in accordance with the provisions of Section 1829 (1) of the Civil Code, is entitled to withdraw from the Purchase Contract, the Seller shall also be entitled to withdraw from the Purchase Contract at any time until the receipt of the goods by the Buyer. In such an event, the Seller shall return the purchase price to the Buyer without undue delay by means of a cashless transfer to the bank account specified by the Buyer.
    7. The Seller reserves the right to withdraw from the contract with the Buyer in the event that the delivery of the goods is not possible because the goods do not exist or are not available, or the delivery of the goods is possible but only at a higher price, or in case of other difficulties, especially in cases when the goods are not in stock so the provision of performance is disadvantageous to the Seller as the cost of the provision does not correspond to the value of the consideration to be received by the Seller or the performance cannot be provided within the time limit specified in the Purchase Contract.
    8. If a gift is provided to the Buyer with the goods, a donation agreement shall be entered into between the Buyer and the Seller with a subsequent condition that if the Buyer withdraws from the Purchase Contract, the donation agreement for such a gift shall cease to be effective and the Buyer shall be required to return the provided gift to the Seller together with the goods.
    9. The buyer is obliged to return the goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, including the original packaging, in the condition and value in which the goods were received. In the event that the goods are not returned in their original packaging and/or the original packaging is returned damaged, the Seller shall be entitled to payment for the unreturned and/or damaged original packaging. This reimbursement will be deducted by the Seller from the amount to be refunded to the Buyer due to his withdrawal from the Purchase Contract.
    10. The Buyer shall be liable to the Seller for any diminution in the value of the goods in question which has arisen as a result of handling the goods in a manner other than that which is necessary with regard to their nature and characteristics.
    11. The Seller reserves the right to cancel an order of goods on which more than one discount coupon has been applied, or if more than 20% discount is applied to already discounted goods.
    12. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller is entitled to compensation for damages incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price.
  6. TRANSPORT AND DELIVERY OF THE GOODS
    1. In the event that the means of transport is agreed on the basis of a special request from the Buyer, the Buyer shall bear the risk and any additional costs associated with such means of transport.
    2. If, in accordance with the Purchase Contract, the Seller is required to deliver the goods to a location designated by the Buyer in the purchase order, the Buyer is required to accept the goods upon delivery.
    3. If, for reasons on the part of the Buyer, it is necessary to attempt to deliver the goods repeatedly or by another means than that specified in the purchase order, the Buyer is required to cover the costs associated with repeated attempted deliveries of the goods or with a different means of delivery.
    4. The Buyer is required to check the integrity of the packaging of the goods upon receipt from the carrier and to inform the carrier immediately if any defects are discovered. In the event of damage to the packaging indicating an unauthorised intrusion into the consignment, the Buyer is not required to accept the delivery of the consignment from the carrier. The Buyer shall inform the Seller of this fact without undue delay, together with the information on whether they insist on the delivery of the goods or has decided to withdraw from the contract pursuant to Article 5.2 of the Business Terms.
    5. Other rights and obligations of the parties during the transport of the goods may be governed by special delivery terms of the Seller, if issued by the Seller.
  7. USE AND MAINTENANCE OF GOODS
    1. When choosing a product, the type and size of the product must match the user's needs. Before purchasing a product, the Buyer shall take into account the purpose of use, design, material composition, and method of care. Only a product that has been properly selected with respect to its function, type, and size can reach the expected utility value and fulfil the purpose of its use.
    2. If the use of the goods is specified in the instructions for use, the Buyer is required to familiarise themselves with these instructions before commencing using the goods.
    3. During the period of use of the purchased goods, due attention must be paid to the basic rules of use of these goods. It is particularly necessary to take into account all factors negatively influencing the full functionality and lifetime of the product, for example, excessive intensity of product use or use of the product for unsuitable purposes. The influence of the environment and the circumstances of use that may reduce the lifetime of the goods and the Seller cannot be held responsible for them (g. the use of inappropriate deodorants; excessive sweating; excessive friction of garments due to the user's body proportions; contact with sharp-edged items such as watches, bags, keys, heavy items in pockets; etc) as well as inappropriately chosen size of goods cannot be a reason for a later complaint. Also, a defect resulting from unprofessional handling or improper operation cannot be a reason for complaint.
    4. Another prerequisite for maintaining the good condition of the goods and its functionality is regular maintenance. It is necessary to realise that improper or insufficient maintenance of the goods will substantially reduce its full functionality and lifetime. The lifetime of goods and clothing items is affected by their use and maintenance. When maintaining the goods, appropriate procedures must be followed according to the symbols on the product label (g. the internal label of the goods or the attached label). In case of intense or inappropriate use or inadequate or improper maintenance, the lifetime of the goods may not reach the warranty period and normal wear and tear may result in damage or destruction of the goods (such as frequent wearing, washing, drying and ironing).
    5. A change in quality of the goods that occurred during the warranty period due to wear and tear, improper use, insufficient or inappropriate maintenance, due to natural changes of materials of which the article is made, due to any damage caused by external influences or due to any other inappropriate steps of the Buyer or a third party, cannot be considered to be a defect.
  8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND WARRANTY
    1. The rights and obligations of the parties regarding defective performance are governed by the applicable general binding laws (in particular by 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, Consumer Protection Act, as amended).
    2. The Seller is responsible to the Buyer for the goods to be free of defects upon receipt. The Seller is particularly responsible to the Buyer that at the time the Buyer received the goods:
      • the goods have the features the parties have agreed to, and if there is no such agreement, the features which the Seller specified or which the Buyer expected with regard to the nature of the goods, and based on advertising made by the Seller;
      • the goods are suitable for the purpose specified by the Seller or for which goods of this type are normally used;
      • the quality or design of the goods match the agreed sample or model, if the quality or design has been determined according to the agreed sample or model;
      • the goods are supplied in the appropriate quantity, colour, and size; and
      • the goods comply with applicable legal requirements.
    3. The provisions in Article 2 of the Business Terms do not apply to goods sold at a reduced price due to a defect for which a reduced price has been agreed and to wear and tear of goods caused by its normal use. In the case of used goods, these provisions do not apply to a defect corresponding to the level of use or wear and tear that the goods showed during the receipt by the Buyer, or if this arises from the nature of the goods.
    4. The Seller does not assume liability for damages resulting from the functional properties of the goods, the unprofessional use of the goods, or the improper handling of the goods. Defects caused by the reasons above are not covered by the warranty.
    5. If a defect appears within six months of receipt, the goods shall be considered to have been defective at the time of receipt. The Buyer is entitled to a defective goods liability claim for a defect of goods that appeared in consumer goods within twenty-four months after the receipt of the goods. The gift provided by the Seller with the purchase is not covered by the Seller's warranty or defective goods liability.
    6. The claims resulting from defective performance shall be made against the Seller at Charbulova 25, 618 00 Brno, Czech Republic. For the claim, the Buyer may use the example form provided by the Seller, which forms an Annex to these Business Terms.
    7. Further rights and obligations of the parties relating to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.
  9. MINIMUM AGE
    1. By registering on our website, you acknowledge that you are at least 16 years of age.
  10. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. The Buyer shall acquire the title to the goods upon payment of the full price of the goods.
    2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826 (1) lit e) of the Civil Code.
    3. Consumer complaints are handled by the Seller via the be52@be52.info electronic address. The Seller shall send information about settlement of the Buyer’s complaint to the Buyer’s electronic address.
    4. For out-of-court settlements of consumer disputes resulting from the Purchase Contract, The Czech Trade Inspection Authority is competent, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification No: 000 20 869, internet address: https://adr.coi.cz/cs. The platform for online settlement of disputes available on website http://ec.europa.eu/consumers/odr can be used for settlement of disputes between the Seller and the Buyer resulting from the Purchase Contract.
    5. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is a contact point according 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 (Regulation on online dispute resolution for consumer disputes).
    6. The Seller is authorised to sell the goods on the basis of a trade licence. Trade inspection is carried out by the relevant trade licensing office within its competency. Supervision of the personal data protection is carried out by the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll, Consumer Protection Act, as amended.
    7. The place of performance is the place indicated by the Buyer when the purchase agreement is concluded as the place where the goods is to be delivered to by the Seller.

 

  1. PERSONAL DATA PROTECTION
    1. The information obligation to the Buyer within the meaning of Article 13 of Regulation (EC) No 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') relating to the processing of the Buyer's personal data for the purpose of performing the Purchase Contract, for the purpose of negotiations on the Purchase Contract, and for the fulfilment of the legal obligations of the Seller, is fulfilled by the Seller through a special document.
  2. SENDING BUSINESS COMMUNICATIONS AND STORING COOKIES
    1. The Buyer agrees, within the meaning of Section 7 (2) of Act No 480/2004 Coll, on certain information Society Services and on Amendments to some Acts (Certain Information Society Services Act), as amended, to receiving the Seller's commercial communications at the Buyer's electronic address or phone number. The information obligation towards the Buyer within the meaning of Article 13 of the GDPR relating to the processing of Buyer's personal data for the purpose of sending commercial communications is fulfilled by the Seller through a separate document.
    2. The Buyer agrees to so-called cookies being stored on their computer. In the event that a purchase via the website can be carried out and the commitments of the Buyer arising from a Purchase Contract fulfilled without cookies being stored on the Buyer’s computer, the Buyer may withdraw their consent under the previous sentence at any time. The processing and use of cookies are governed by separate policies.
  3. SERVICE
    1. The Buyer may be served at the Buyer's electronic address or to the selected pickup point.
  4. FINAL PROVISIONS
    1. If the relationship established by the Purchase Contract contains an international (cross-border) element, the parties agree that the relationship shall be governed by Czech law. By the choice of law under the previous sentence, a Buyer who is a consumer is not deprived of the protection afforded by general binding laws which cannot be contracted out and which, in the absence of the choice of law, would otherwise be applicable under the provisions of Article 6 1 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).
    2. If any provision of the Business Terms is invalid or ineffective, or it becomes such, it will be replaced by a provision the economic effect of which comes as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one or more provisions shall not affect any other provision.
    3. The Purchase Contract, including the Business Terms, is archived by the Seller in electronic form and is not accessible.
    4. Example forms for withdrawal from a Purchase Contract and for a complaint form an Annex to these Terms and Conditions.
    5. Seller's contact information: mailing address Charbulova 123/25, 618 00 Brno, Czech Republic; email: be52@be52.info, phone: +420 602 852525.

 

In Brno, on 1 October 2022

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