Terms and Conditions according to the Civil Code | ERTEA SE

Terms and Conditions for the Sale of Goods via the Website

In accordance with the Civil Code of the Czech Republic

1. Introductory Provisions

These terms and conditions (hereinafter referred to as the “Terms and Conditions”) govern the mutual rights and obligations between

ERTEA SE
registered office: Klimentská 1746/52
110 00 Prague
Company ID: 09108033, VAT ID: CZ0908033
registered with the Municipal Court in Prague under file number H.2341
as the operator of the online store (hereinafter referred to as the “Seller”),

and individuals or legal entities who purchase goods through the Seller’s website erpower.eu/en (hereinafter referred to as the “Buyer”).

The rights and obligations are governed by the relevant provisions of the Civil Code (Act No. 89/2012 Coll., the Civil Code, as amended) and related legal regulations.

2. Definitions

  • Seller : The operator of the online store who offers goods for sale through the website.
  • Buyer : A natural or legal person who concludes a purchase contract with the Seller through the online store.
  • Purchase Contract : A contractual relationship between the Seller and the Buyer, the subject of which is the purchase and sale of goods.
  • Online Store : The website on which the Seller offers goods for sale.
  • Goods : All products offered for sale through the online store.

3. Conclusion of the Purchase Contract

  • 1. The presentation of goods on the online store's website does not constitute an offer to conclude a contract within the meaning of Section 1732 of the Civil Code, but only an invitation to make an offer.
  • 2. The purchase contract is concluded by the Buyer submitting an order and the Seller accepting it. The Seller confirms acceptance of the order to the Buyer via email to the address provided in the order.
  • 3. The Buyer is obliged to provide truthful and complete information when placing the order.
  • 4. The Seller may change or supplement the Terms and Conditions. The rights and obligations are always governed by the version of the Terms and Conditions valid on the date of conclusion of the purchase contract.

4. Price and Payment Terms

  • 1. The prices of goods are listed on the online store’s website including VAT and all related fees.
  • 2. Shipping and handling may be added to the price of the goods depending on the chosen delivery method.
  • 3. The Buyer may pay for the goods using the following methods:
  • cashless bank transfer to the Seller’s account (if offered),
  • payment card via payment gateway,
  • cash on delivery upon receipt (if offered),
  • cash upon personal collection (if offered).
  • 1. The Seller issues a tax document to the Buyer in accordance with applicable legal regulations.

5. Delivery Terms

  • 1. The Seller shall deliver the goods to the Buyer as soon as possible after order acceptance, depending on the availability of individual items and the carrier's conditions.
  • 2. The place of delivery is the address specified by the Buyer in the order.
  • 3. The Buyer is obliged to check the integrity of the packaging upon receipt of the goods and, if defects are found, immediately inform the carrier and the Seller.
  • 4. The risk of damage to the goods passes to the Buyer at the moment of receipt.

6. Withdrawal from the Contract

  • 1. A Buyer who is a consumer has the right under Section 1829 of the Civil Code to withdraw from the contract without giving a reason within 14 days from receipt of the goods.
  • 2. The Buyer shall inform the Seller of their intention to withdraw from the contract via email at support@ertea.eu.
  • 3. When withdrawing from the contract, the Buyer must return the goods to the Seller undamaged, unused, and in their original packaging.
  • 4. The Seller shall refund the Buyer the paid amount including delivery costs (except for additional costs resulting from a delivery method other than the cheapest standard method).
  • 5. The cost of returning the goods is borne by the Buyer unless otherwise agreed.

7. Rights from Defective Performance (Complaints)

  • 1. The Seller is responsible for ensuring that the goods are free of defects upon receipt. A defect is considered to be when the goods are not of the agreed quantity, quality, or design.
  • 2. The Buyer must report the defect to the Seller within a reasonable period after discovery.
  • 3. If the complaint is justified, the Buyer has the right to request defect removal, replacement of the goods, a reasonable discount, or withdrawal from the contract.
  • 4. Complaints are processed without undue delay, no later than 30 days from their submission, unless the Seller and Buyer agree on a longer period.

8. Personal Data Protection

  • 1. The Seller processes the Buyers’ personal data in accordance with applicable legal regulations, in particular Regulation (EU) 2016/679 (GDPR).
  • 2. Personal data is used solely for the purpose of processing orders, fulfilling contracts, and, if consent is given, for marketing purposes.
  • 3. The Buyer has the right to access their personal data, rectify it, delete it, restrict processing, and other rights under GDPR.

9. Out-of-Court Dispute Resolution

  • 1. A Buyer who is a consumer has the right to contact the Czech Trade Inspection Authority with a request for out-of-court settlement of a consumer dispute.
  • 2. Out-of-court dispute resolution does not affect the right to bring the matter to court.

10. Final Provisions

  • 1. These Terms and Conditions are valid and effective from the date of their publication on the Seller’s website.
  • 2. The legal relationships between the Seller and the Buyer are governed by the laws of the Czech Republic, in particular the Civil Code and the Consumer Protection Act.
  • 3. If any provision of these Terms and Conditions becomes invalid or ineffective, the validity and effectiveness of the remaining provisions shall not be affected.
  • 4. The Seller’s contact details are listed on the website.
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Tovární 726/11
643 00 Brno
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