GENERAL TERMS AND CONDITIONS OF EUROPOWER INDUSTRIES S.R.O.

EFFECTIVE FROM 1 JANUARY 2020

1. Subject matter of terms and conditions, fundamental provisions

1.1. These general terms and conditions (the “General Terms and Conditions”) define the conditions for the purchase of the goods on website https://www.europower-parts.cz/ (the “Online Store”) operated by EUROPOWER INDUSTRIES s.r.o., corporate ID: 052 83 736, having its registered office at Bečovská 1511, Uhříněves, 104 00 Prague 10, recorded in the Register of Companies held by the Municipal Court in Prague, file no. C 261201 (the “Seller”). The contact details of the Seller include e-mail: [add], telephone number [add] that are also stated in the “Contacts” section on the website.

1.2. These General Terms and Conditions apply to the purchase of the offered goods or services by the buyer (the “Buyer”). The Buyer is either a consumer or an entrepreneur.

1.3. For the purposes of the General Terms and Conditions and under Section 419 of Act No. 89/2012 Coll., Civil Code, as amended (the “Civil Code”), the consumer is any person who, outside its business activities or its own work, concludes a contract with an entrepreneur or deals with an entrepreneur in any manner (the “Consumer”).

1.4. For the purposes of the General Terms and Conditions and under Section 420 of the Civil Code, the entrepreneur is every person who pursues, on his/her own account and responsibility, remunerated activities as a sole trader or in a similar manner with the intention to pursue these activities continuously in order to generate profit. The entrepreneur is additionally every person who concludes contracts relating to his/her own business, manufacturing or similar activities or in independent practice of profession, or a person who acts on behalf or on account of the entrepreneur (the “Entrepreneur”).

1.5. Upon the registration of the User account and placement of every order, the Buyer confirms that he/she has read these General Terms and Conditions and agrees with them, with the version effective at the time when the order is sent.

1.6. The Buyer acknowledges that the purchase of products offered by the Seller does not result in any rights for the use of registered trademarks, trade names, company logos or other intellectual property of the Seller or other entities, unless a special contract stipulates otherwise in a specific case.

2. User account, correctness of data

2.1. Following the registration of the Buyer, the Buyer may enter its user interface, from which her/she may order goods (the “User account”). If the web interface of the Online Store allows it, the Buyer may also order goods without the registration directly from the basic web interface of the Online Store.

2.2. The Buyer will register using the registration form on the Online Store’s website. Upon the registration on the website and ordering of the goods, the Buyer is obliged to state all required data in a correct and true manner. The Buyer is obliged to update the data listed in the User account upon any change. The data listed by the Buyer in the User account and upon ordering of the goods are treated as correct by the Seller and the Buyer is responsible for their potential incorrectness.

2.3. The access to the User account is secured by user name and password that the Buyer selects upon registration. After sending of the form, the system will generate a verification e-mail sent to the e-mail address of the Buyer. The registration is completed by the verification of the identity of the Buyer made by clicking on the link contained in the verification e-mail. The Buyer is obliged to maintain confidentiality regarding the information necessary for the access to his/her User account. The Buyer is not entitled to allow third parties to use the User account.

2.4. If the Buyer does not log in for more than 12 months, his/her User account will become “inactivated”, which means that the Buyer will not be able to view the goods at member price / exclusive price as well as exclusive goods. Should the Buyer still want to browse / purchase goods, an activation by e-mail will be required.

2.5. The Seller may cancel the User account if the Buyer violates his/her obligations arising from the purchase contract or the General Terms and Conditions.

2.6. The Buyer acknowledges that the User account may not be available constantly, primarily in respect of the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of the hardware and software equipment of third parties.

2.7. The User account is operated at the costs of the Seller.

3. Receipt of orders, purchase contract

3.1. The Seller presents goods through a catalogue available on the store’s website. The offer of goods is not treated as a proposal of the goods supply in accordance with Section 1732, par. 2, of the Civil Code, the offer of goods is for information purposes and the Seller is not obliged to conclude a purchase contract for these goods.

3.2. Marking of goods, description of their principal features, availability and price (including or net of VAT) are stated for each item of goods directly in the Online Store. The price of goods on each individual product webpage is the final price containing all costs necessary for the acquisition of the goods by the Buyer, except for the costs of transportation (refer to Article 4 Terms of delivery) or costs incurred to make the payment depending on the selected payment method (refer to Article 5 Payment of the purchase price and payment method).

3.3. The price of the goods listed in the Online Store is the contractual price. The Seller reserves the right to change selling prices of the goods, primarily in respect of the change in exchange rates, supplier prices, customs duty rates, etc.

3.4. The Buyer may place the order of selected goods through the form in the Online Store. To place an order using the form in the Online Store, the Buyer first selects goods which he/she wants to buy (by putting them in the electronic shopping cart), subsequently selects the required quantity of the goods, shipping method and payment method. The Buyer is entitled to change the individual items listed in the order before the order is sent. Before he/she confirms the order, the Buyer has the possibility to display the General Terms and Condition on the website.

3.5. The Seller confirms the receipt of the order to the Buyer without undue delay through some of the means of distance communication, primarily through e-mail, by no more than 3 business days after having received the order. The Seller reserves the right to reject the order in the above period of time, even without giving any reason. The up-to-date version of the General Terms and Conditions is appended to this confirmation.

3.6. The purchase contract originates at the moment the confirmation of the order (the “Purchase Contract”) is delivered to the Buyer to his/her e-mail address listed in the User account (or in the order, if the Buyer did not open a User account).

3.7. Each contracting party bears its own costs that arose from the use of means of distance communication in relation to the conclusion of the purchase contract.

3.8. All communication, including the order and confirmation between the Seller and the Buyer will be either in Czech or English, depending on the preference of the Buyer.

3.9. If the Seller supplies a larger quantity of goods than agreed, the purchase contract is concluded also for the redundant quantity, unless the Buyer rejected them without undue delay.

4. Terms of delivery

4.1. The Buyer is obliged to pay the purchase price within 5 calendar days in the case of payment by (manual) bank transfer, otherwise his/her order is automatically cancelled. The goods will be shipped to the Buyer after the crediting of the amount to the Seller’s bank account, and the Buyer will be informed on the shipment of the goods using some of the means of distant communication, primarily via e-mail.

4.2. The costs of transportation of the goods are paid by the Buyer. Unless the purchase contract specifies the method of delivery of the goods, the Seller will determine it. The placement of orders is closed every day at 4:30 p.m., when the requirement for the shipment of the goods from stock on the following calendar day is sent. The goods are subsequently handed over for shipment. The Seller will send a tax receipt (invoice) along with the goods to the Buyer.

4.3. The Seller will prepare the goods that are in stock for sending to the Buyer to the address listed in the purchase contract. The Buyer is obliged to receive the goods at the place of delivery and provide for the necessary cooperation with the receipt of the goods for this purpose.

4.4. The delivery period, if stated for the goods, is for information only. The Seller undertakes to deliver the goods at the earliest possible date.

4.5. The risk of damage to the goods is transferred to the Buyer at the moment when he/she receives the goods in accordance with Section 2121 to 2125 of the Civil Code.

5. Payment of the purchase price and payment method

5.1. Payment by bank transfer. The Buyer will pay for the goods by a payment order in his/her bank. The Buyer will receive the information necessary to make the payment in the confirmation of the order according to Art. 3.5 above. The day of the purchase price payment is the crediting of the payment to the Seller’s bank account. Payment due date is mentioned in Art. 4.1 above and it will also be shown in confirmation of order within the meaning of Art. 3.5 above.

5.2. Payment by card. The Buyer will pay for the goods using his/her payment card. For these purposes, the Seller accepts payments made by VISA, VISA Electron, MasterCard and Maestro cards. No employee or co-worker of the Seller has access to the Buyer’s payment card information. After the order is completed, the Buyer is redirected to a third party’s payment server where he/she needs to fill in the necessary information. After the validity of this information is verified, the amount corresponding to the purchase price is deducted from the Buyer’s account.

5.3. Different method.

6. Warranty conditions

6.1. Rights and obligations of the contracting parties arising from defective performance are governed by relevant generally binding regulations, primarily provisions of the Civil Code and, when the Buyer is also the Consumer, by provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended (the “Act on Consumer Protection“).

6.2. The Seller provides a guarantee for the perishable goods corresponding to the warranty period of 24 months from the day on which the goods are received by the Buyer.

6.3. The document confirming the provided guarantee is the proof of purchase, e.g. tax document (invoice). The Buyer has the obligation to point out the defect to the Seller, i.e. provide the description of the defect on the goods which is the cause of the complaint.

6.4. The Buyer is entitled to make a complaint regarding the defects on the goods purchased from the Seller at address Bečovská 1511, Uhříněves, 104 00 Prague 10, e-mail: [add], tel. no.: [add].

6.5. The warranty does not apply to defects caused by mishandling, unprofessional or inadequate treatment, use, handling and installation or to defects caused by treatment that violates the instructions in the user manual or instructions for use if provided by the Seller to the Buyer.

6.6. The Seller is not liable for the breach of these General Terms and Conditions when it does not meet its obligations, if the failure to meet them is caused by an extraordinary or unforeseen situation that the Seller may not adequately impact, and if the consequences of such situation were unavoidable despite all efforts that can be reasonably required. These causes and situations predominantly include strikes, failure of the system, software or telecommunication connection, events of force majeure or public enemy, government intervention under sovereign or contractual authority, fires, floods, epidemics, quarantine restrictions, lack of manpower or material, unusually bad weather, power outages, communication failures, unavoidable delays, errors or failures of third party systems or other similar causes that this contracting party cannot control.

7. Termination of the contract by the Consumer

7.1. The Buyer, who is the Consumer, has the right to terminate the contract, under Section 1829, par. 1 of the Civil Code, without stating any reasons, within 14 calendar days from the receipt of the goods. If the Consumer decides to exercise this right, he/she must deliver the notice of termination to the Seller by no later than 14 calendar days from the receipt of the goods. The Seller is entitled only to the compensation of actually incurred costs relating to the returning of the goods.

7.2. The Seller allows to the Buyer to terminate the contract by completion and sending of a template contract termination form which is available on the Seller’s website.

7.3. The Buyer is not entitled to terminate the contract in cases listed in Section 1837 of the Civil Code, especially as regards goods modified for the Buyer or according to his/her instructions.

7.4. In the event of the contract termination, the Buyer will bear the costs arising from the returning of the goods, and it is the purchase contract concluded using the means of distant communication, costs of returning of the goods, if these goods cannot be returned by standard mail due to their nature.

7.5. If the Buyer terminates the purchase contract, he/she will send or deliver to the Seller the goods that he/she received from the Seller, at his/her own costs, without any undue delays, by no later than 14 calendar days from the contract termination. The Buyer shall return the complete goods, with complete documentation, in the condition and value in which he/she received them. If the returned goods are partially damaged, the Seller may exercise its right for compensation of damage and offset its claim for the returned purchase price and consequently return the accordingly reduced purchase price to the Buyer (Consumer). Under Section 1833 of the Civil Code, the Seller may offset the decrease in the value of the returned goods with the purchase price that is to be returned to the Buyer.

7.6. If the Buyer withdraws from the purchase contract, the Seller will return the purchase price (or decreased as discussed in the prior article) him/her without undue delay, however no later than within 14 calendar days. The Seller is however not obliged to do so before the Buyer delivers the goods to the Seller or proves that he/she sent the goods to the Seller (esp. by submitting a post-office or courier receipt).

7.7. If gifts are provided with the goods, the Buyer acknowledges that the donation contract between the Seller and the Buyer is concluded with the condition, if the rights of the Consumer to terminate the contract is exercised, that the donation contract expires and the Buyer is obliged to return the relating provided gifts together with the returned goods. If the gifts are not returned, these will be perceived as unjust enrichment of the Buyer.

7.8. The Buyer is liable to the Seller only for the impairment of the goods caused by handling of the goods in an inappropriate manner inadequate to their nature and characteristics.

8. Personal data protection

8.1. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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) (the “GDPR”), the Seller informs the buyers of personal data processing in relation to the purchase of goods on the Online Store. The Buyer may exercise his/her rights at the address of the Seller’s registered office recorded in the Register of Companies or using e-mail address [add].

8.2. The Seller (as the personal data controller) processes personal data of Buyers, potential buyers and representatives of buyers in trade, predominantly the following data: name and surname, address of the residence and delivery address, corporate ID and tax ID, telephone number, e-mail address, bank account, history of purchases and network identifiers (the “Personal Data”). The Personal Data are primarily obtained from data subjects, and from publicly available registers (e.g. from the Register of Companies or Trade Register) in exceptional cases.

8.3. The Seller processes the Personal Data for explicitly stated and legitimate purposes pursuant to several legal bases. If the purchase contract has been already concluded or its conclusion is being discussed, the Seller processes the Personal Data pursuant to the legal bases of contract performance. The processing of certain personal data of the Buyers is further requested by special legal regulations (e.g. regarding bookkeeping and payment of taxes), in such case, the legal basis is the meeting of the legal obligations of the Seller. If the contract is already concluded, the Seller will process the personal data of the Buyers in order to increase the quality of services, e.g. in the form of sending commercial messages with product tips or offers of binding services and various other useful information; the Seller may also contact the Buyer from time to time, and offer an appropriate add ins or adjustments to the product. The Seller may process certain personal data of the Buyers for the protection of its interests, e.g. for the purposes of defence in an impending legal dispute. This all is based on the legitimate interest of the Seller. If the Buyer is no longer customer of the Seller and receives a commercial communication, it is based on the consent that was granted to the Seller.

8.4. The Personal Data of the Buyers are not systematically transferred to third parties. However, the transfer may happen, strictly speaking, as a result of the Seller buying certain services in information technologies, primarily in relation to the administration of the Seller’s website. The Personal Data are not transferred outside the EU. The Seller is ready to provide more-detailed information upon request.

8.5. If the Personal Data processing is based on a consent, the Buyer has the right to withdraw such consent anytime in a manner listed in the text of the relevant consent or through the above listed contact. If the Buyer withdraws the consent, the Seller will no longer process the Personal Data for the specific purpose. The Personal Data of the Buyers may still be processed for other purposes based on a different legal basis.

8.6. The Buyer has the right to request the information on how the Personal Data are processed anytime. If the Buyer finds any of his/her Personal Data to be obsolete or incorrect, he/she has the right to request rectification of these data. If there are any doubts regarding the Personal Data processing, the Buyer may contact the Seller with a request for an explanation. The Buyer may additionally contact the Office for Personal Data Protection if he/she wants to lodge a complaint.

8.7. The Buyer has the right to request the erasure of his/her Personal Data from the Seller. If the processing of the Buyer’s Personal Data was based on a consent, the request for the erasure of the data will be treated as the withdrawal of the consent; in the event of negotiation on a contract, such request will terminate such negotiation.

8.8. The Buyer may object against the processing base on the legitimate interest (refer to above) at any time. If the objection relates to processing for the direct marketing purposes, the Personal Data of the Buyer will no longer be processed for these purposes. In other cases, the Personal Data of the Buyer will be processed only when the Seller proves compelling legitimate reasons for processing that prevail over the interests or rights and freedoms of the Buyer.

8.9. The Seller took organisational and technical measures that ensure the maximum possible protection of personal data processing against unauthorised access or transfer, theft or destruction as well as potential misuse.

9. Final provisions

9.1. The General Terms and Conditions, including their appendices and all parts, are valid for an indefinite period of time and take effect on 1 January 2020.

9.2. Complaints lodged by the Buyers are handled by the Seller through https://www.europower-parts.cz/. The Seller will send the information stating that the complaint has been handled to the electronic address of the Buyer.

9.3. Rights and obligations of the contracting parties that are not stipulated by these contractual conditions are governed by Czech law, predominantly the Civil Code and, if the Buyer is the Consumer, by the provisions of the Consumer Protection Act.

9.4. The Seller is authorised to change, complete and cancel individual provisions of these General Terms and Provisions. The Seller will always publish the information on these changes, including the updated version of the General Terms and Conditions on website https://www.europower-parts.cz/. Changes in the General Terms and Conditions will not have an impact on orders made before their publication.

9.5. If there is a consumer dispute arising from the purchase contract between the Seller and the Consumer that is not resolved by mutual agreement, the Consumer may file a petition for out-of-court settlement of such dispute to an entity designated for out-of-court settlement of consumer disputes, which is: