I. Introductory provisions
These business conditions (hereinafter referred to as “business conditions”) of the company ECOONE EUROPE s.r.o., Záhuní 407, 744 01 Frenštát pod Radhoštěm, IČ: 25851560, DIČ: CZ25851560, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 21851/KSOS, bank account number 9595657001/5500, (hereinafter referred to as the “Seller”) in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller’s online store. The internet shop is operated by the seller on a website located at the internet address http://www.querywater.cz (hereinafter referred to as the “website”), through the interface of the website (hereinafter referred to as the “web interface of the shop”).
Contractual relations are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the Civil Code No. 89/2012 Coll. and the Consumer Protection Act No. 634/1992 Coll. If the contracting party is not the consumer, the relations not regulated by the business conditions are governed by Act No. 89/2012 Coll., The Civil Code, all as amended.
The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language or in English. The purchase contract can be concluded in Czech or English.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
A consumer contract is a purchase contract, a contract for work, or other contracts if the contracting parties are the consumer on the one hand and the supplier on the other. The seller is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract. It is an entrepreneur who directly or through other entrepreneurs supplies the buyer with products or provides services.
A buyer consumer or just a consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.
A buyer who is not a consumer is an entrepreneur. An entrepreneur is considered to be, inter alia, any person who concludes contracts related to his own business, production or similar activities or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur. This buyer is governed by the terms and conditions to the extent that apply to him. Invoicing takes place at a specific ID number.
III. Conclusion of the purchase contract
All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
The store’s web interface also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. Prices of transport outside the Czech Republic will be calculated before concluding the order.
All prices are negotiable.
To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
• ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the store’s web interface),
• method of payment of the purchase price of goods, data,
• on the required method of delivery of the ordered goods, information on the costs associated with the delivery of goods (hereinafter collectively referred to as “order”).
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the “order” button. Data provided in the order are considered correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “buyer’s email address”).
Depending on the nature of the order or goods (custom production, quantity, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
The contractual relationship between the seller and the buyer arises by delivery of the acceptance of the order (acceptance), which the seller confirms to the buyer immediately delivery of the order, in the form of an automatically generated email message to the buyer’s e-mail address. At the moment of concluding the purchase contract between the buyer and the seller, the contracting parties are bound by such a contract and acquire mutual rights and obligations arising from the purchase contract.
By sending an electronic order, the customer unreservedly accepts all provisions of the terms and conditions as valid on the day of sending the order, as well as on the day of sending the order valid price of ordered goods, including shipping or postage, listed in the online store catalog, unless in a specific case.
Communication between the seller and the buyer after the order is placed by the buyer will take place by telephone or in the form of email communication.
The order can also be made by phone: (+420) 770 136 631. This telephone number can also be used to answer any questions about the general terms and conditions, complaints, or directly about the goods.
By telephone order, the customer unreservedly accepts all provisions of the terms and conditions as valid on the day of order creation, as well as on the day of order creation the valid price of the ordered goods, including shipping or postage, listed in the online store catalog www.querywater.cz demonstrably agreed otherwise in a specific case. The customer will provide the seller with the necessary and true data necessary to create an order. Further communication between the seller and the buyer will take place by phone or email.
By concluding the purchase contract, the buyer confirms that he has read with these general terms and conditions, which also contain the complaint procedure, and that he unconditionally agrees with them. These general terms and conditions are an integral part of the concluded purchase contract and are unlimitedly accessible on the website of the online store www.querywater.cz.
The buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) the buyer pays himself, while these costs do not differ from the basic rate.
IV. Price of goods and payment terms
The prices of goods are based on the basic price list of the online store www.querywater.cz as of the date of the order, are stated in Czech crowns with VAT, including recycling fees, and do not include postage or transport costs.
Any additional discounts (customer discount) can be provided individually based on an agreement between the seller ECOONE EUROPE s.r.o. and buyers. In case of interest in repeated cooperation on the part of the buyer and seller, individual business conditions can be set.
We recommend registration. Customer registration in the system in the e-shop, the seller can provide a customer discount – another discount on selected or all goods, based on an individual agreement between the seller and the customer. This discount can be provided for the purpose of repeat purchase and also for the case of wholesale cooperation. The agreed customer discount will be displayed only if the registered customer logs in under his account. In this case, the price will be automatically recalculated and
after opening the detail of the selected goods, its specific amount will also be displayed.
The seller reserves the right at any time to decide on the amount of discounts provided, or on their cancellation.
Wholesale conditions can also be set outside the online store interface, based on the individual price offer of the seller to a buyer who is not a consumer – Business cooperation. The business relationship is further governed by the General Terms and Conditions of ECOONE EUROPE s.r.o., a subsequent written agreement regulating the business conditions of both parties and the purchase contract, which is superior. The catalog of the online store is indicative in this case. Issues of unresolved relations are governed by the relevant provisions of the legal order of the Czech Republic.
Payment of the purchase price can be made in one of the following ways:
• in cash at the Prague office of ECOONE EUROPE (we do not take cash on delivery),
• Go-Pay payment gateway,
• cashless bank transfer to the seller’s account. If the goods are available, i.e., they are in stock, an advance invoice will be sent to you by email. The variable payment symbol is the advance invoice number. The ordered goods will be sent after payment to the above bank account. (Valid for the Czech Republic and Slovakia).
Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the delivery of goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
The seller does not require a deposit or other similar payment from the buyer. An exception may be goods modified according to the customer’s wishes (custom production, shades in the offer
with the number of samplers, etc.). This does not affect the provisions of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance or another possibility of individual agreement between the seller and the buyer in this sense, especially in the case of orders with “free” shipping. An advance invoice may be issued to the buyer to pay the full purchase price before sending the goods.
In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of concluding the purchase contract.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol.
In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order, to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. Tax document – the invoice is part of the delivery of goods, or after payment of the price of the goods is sent in electronic form to the electronic address of the buyer.
V. Withdrawal from the contract
If the purchase contract is concluded by means of distance communication (in an online store), the consumer has the right to withdraw from the contract within 14 days of receipt of the goods in accordance with § 1829 paragraph 1 of the Civil Code. goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to these terms and conditions „Notice of withdrawal from the purchase contract“. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller’s office or to the seller’s e-mail address firstname.lastname@example.org.
In the event of withdrawal from the purchase contract according to the business conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods cannot be returned due to its nature by regular mail.
The buyer is liable to the seller only for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle with regard to their nature and properties. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to compensation from the Buyer for the damage incurred. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the consumer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return the gift to the seller together with the goods.
Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
If the goods have already been delivered and taken over, they must be sent back to the company’s address, under the following conditions and recommendations:
• It is best to send the goods in the original undamaged packaging,
• In the case of goods which are sealed in a protective foil, it is advisable that this foil is not damaged,
• the goods must be clean,
• the goods must not be used (in case of use, the buyer will be deducted the amount for cleaning and replacement of consumables (filters),
• the goods must be undamaged,
• the goods must be complete,
• a sales document or a copy of it must be sent together with the goods,
• we recommend sending the goods in a suitable and safe manner with regard to their nature and properties (carrier, packaging, marking, etc.). If you send the goods in a package other than the production packaging, you run the risk of degrading the contents. In the event of any damage in this connection and non-compliance with the recommendation, ECOONE EUROPE s.r.o. no liability.
Send the goods by registered mail and insured, as ECOONE EUROPE s.r.o. does not guarantee its possible loss during transport (recommended does not mean cash on delivery). We do not accept damaged shipments.
After receiving the returned goods and acknowledging the refund for the delivered goods, a credit note will be issued and sent to the buyer’s address or electronically via email.
Except in cases where withdrawal from the contract is expressly agreed, the consumer may not withdraw according to the provisions of § 1837 of the Civil Code, especially in the case of contracts:
• provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the seller has informed the consumer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
• for the supply of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller, and which may occur during the withdrawal period,
• for the delivery of goods adjusted according to the consumer’s wishes or for his person (custom production, shades in the offer with the number of sample books, etc.),
• for the delivery of perishable goods,
• for the delivery of goods that have been irretrievably mixed with other goods after delivery,
• for the delivery of goods in a closed package, which the consumer has removed from the package and for hygienic reasons it is not possible to return.
The right of withdrawal of the buyer from the contract applies only to the consumer, if the buyer is an entrepreneur purchasing goods within his business activities (the invoice is issued to the ID number) does not have this right. The law does not mention such a possibility.
VI. Terms of delivery
If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and also any additional costs associated with this mode of transport.
If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way
than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if recommended by the seller.
Shipping prices are set for the respective products individually according to the dimensions and weight of the goods. Before purchasing a product, it is necessary to check the current exact shipping price for excessive types of products. Shipping prices are based on the prices of the selected contractual carrier e-shop www.querywater.cz. In the case of using the offered transport, the customer agrees with this agreement. For excessive products (equipment), the individual price of transport will be communicated before payment of the order, the price of transport is from 800 CZK without VAT. For small products (accessories and accessories) it will be sent by courier service, the price of transport is from 150 CZK without VAT.
The guaranteed delivery time is 3-7 working days from the acceptance of the order by the seller. Goods that are not currently in physical stock are usually shipped by agreement of both parties. Information on the state of stocks of the offered goods may vary depending on the gradual sale and is generally informative in nature (we continuously stock and we replenish stocks). In case of current unavailability of goods, we will contact you immediately and propose a suitable solution. If you require delivery of goods on a specific date, we recommend that you state this requirement in the “note” of the order form.
For the delivery of consignments, we use common carriers (DHL, PPL, DPD…) with regard to the size – weight of the consignment and the nature of the goods. At the customer’s request, we also offer the possibility of personal collection of goods.
• Personal collection at the Prague office
Complete assortment by prior agreement and on request – by customer choice. Based on the created order, you will be contacted to take over the goods at the agreed date, either by phone or email.
Complete range without weight limits. The date of delivery of the goods will be announced by the carrier.
The buyer is obliged to pay the additional costs associated with repeated attempts to deliver the goods to the seller at his request!
The ordered shipment will be handed over to you at the delivery address.
You will receive an information email on the day it is received by the carrier with information and also a link to online tracking. On the day of delivery, you will receive an SMS message with details, i.e., the number of the consignment note, the name of the sender, the name and telephone number of the driver. Delivery to the address you specify usually takes place between 9 am and 4 pm. You can also specify the time directly with the driver. If the shipment is not handed over, you will be informed by the carrier and will try to deliver the shipment within the next two deadlines. We are informed by the carrier that the shipment will not be accepted. Undelivered shipment can also be picked up in person within 14 days at the appropriate depot of the carrier, in agreement with us.
The number of the consignment note and the consignment number will allow you to monitor the progress of delivery on the carrier’s website.
VII. Rights from defective device (complaints)
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer consumer that at the time when the buyer took over the goods:
• the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or
the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
• the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
• the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
If the item has a defect or does not have the above properties, the buyer consumer has the right to free and proper removal of the defect, the right to deliver a new item without defects or the delivery of a new part. If this is not possible, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract. In the case of remediable defects occurring in large numbers or repeatedly and preventing the proper use of the item, the buyer consumer also has the right to deliver a new item or new part, to eliminate the defect and also the right to withdraw from the purchase contract.
The above provisions of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if it follows from the nature of the goods.
If the defect occurs within six months of receipt, the goods shall be deemed to have been defective at the time of receipt, unless this contradicts the nature of the item or unless the contrary is proved.
If, in accordance with other legislation, the period for which the item can be used is indicated on the item sold, on its packaging, in the instructions attached to the item or in an advertisement, the provisions on the quality guarantee shall apply.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
The rights arising from defective performance are exercised by the buyer with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the assortment of goods sold, or at the registered office or place of business. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
The properties of the goods with regard to their nature are listed on the product detail pages of the web interface of the online store www.querywater.cz. We primarily recommend to the buyer the accompanying technical documentation of the goods issued by the manufacturer or the primary distributor (Technical Data Sheet, Safety Data Sheet, application instructions, promotional materials, etc.). The buyer has the opportunity to get acquainted with detailed information about the properties of the goods, before making the order. In this context, he can also contact our advice line on phone: (+420) 770 136 631.
VIII. Další práva a povinnosti smluvních stran
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
The out-of-court settlement of consumer complaints is provided by the seller via an electronic address email@example.com. The seller will send information on the settlement of the buyer’s complaint to the buyer’s e-mail address.
The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
Other rights and obligations of the contracting parties relating to specific goods may be regulated by special conditions of the seller, if they are recommended by the seller, for example in the detail of the goods, category of goods, advertising, etc.
All information about the goods placed on the website of the online store is of an informative nature and no legal consequences can be deduced from them.
IX. Protection of personal data (GDPR)
The seller processes the buyer’s personal data in accordance with EU Regulation No. 2016/679 (hereinafter referred to as “GDPR”) and the legislation of the Czech Republic.
The seller acts as a controller of personal data. Personal data will be processed for the purpose of fulfilling the contractual relationship between the Seller and the Buyer and for the purpose of direct marketing (especially sending business messages). The legal reason for processing is the
performance of the contract, the fulfillment of legal obligations and a legitimate interest (direct marketing).
The personal data of the buyer will be processed in the range of: name and surname, registered office, email address, telephone number, identification number and tax identification number.
The seller uses the services of subcontractors as processors for the performance of the contract, in particular the provider and administrator of the ordering software, the provider of accounting software and the provider of mailing services (personal data is stored in the EU and outside the EU). Subcontractors are checked for the secure processing of personal data. The Seller and the subcontractors have entered into a contract for the processing of personal data, according to which the subcontractors are responsible for the proper security of the physical, hardware and software perimeter, and are therefore directly liable to the Buyer for any leakage or breach of personal data. Subcontractors based outside the EU (mailing service providers) with participation in the legal framework of Privacy Shield, they have undertaken to maintain at least the same level of personal data protection as provided by the GDPR.
The Seller has taken legal, organizational and technical measures for the protection of processed personal data so that unauthorized or accidental access to the data, their change, destruction or loss, unauthorized transfers cannot occur, to their other unauthorized processing, as well as to other misuse, and that all obligations of the processor of personal data arising from legal regulations are secured in a personnel and organizational manner for the duration of the data processing.
The provision of personal data is a legal and contractual requirement.
The client’s personal data will be processed for the period of performance of the contract and legal deadlines. Personal data will be processed in electronic form in an automated manner.
The Buyer has the right to request from the Seller access to his personal data according to Article 15 of the GDPR, correction of personal data according to Article 16 of the GDPR, or restrictions on processing according to Article 18 of the GDPR. The user has the right to delete personal data according to Article 17, paragraph 1, letter a), and c) to f) GDPR. Furthermore, the user has the right to object to the processing according to Article 21 of the GDPR and the right to data portability according to Article 20 of the GDPR. These rights can be exercised and any privacy questions can be sent to firstname.lastname@example.org. In the event that the Buyer believes that his right to personal data protection has been violated, he has the right to file a complaint with the Office for Personal Data Protection.
The seller uses so-called cookies in its presentation to increase the quality of services, personalize the offer, collect anonymous data and for analytical purposes. By using the web interface, you agree to the use of this technology.
X. Sending business messages
The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer. In case of disagreement, it is necessary to notify the seller, who will stop sending the information.
XI. General recommendations and warnings
Use the products only for the purposes specified. Improper use of the device may result in injury or fire.
Products that require professional installation by a specialist cannot be self-assembled.
If an inspection is required for the operation of the device, the buyer is obliged to procure it.
The products are not unattended. Regular maintenance is required and replacement of consumables (filters, UV emitters).
When handling hazardous chemicals or hazardous parts of products, everyone is obliged to protect human health, the environment and to follow the hazard warning symbols, standard phrases indicating specific risks and instructions for safe handling according to special regulations.
XII. Final Provisions
If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
Changes and additions to the purchase contract or business conditions require a written form.
The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
The annex to the business conditions is formed by form for withdrawal from the purchase contract.
Seller’s contact details and delivery address:
ECOONE EUROPE s.r.o., Na Lysině 25, 147 00 Praha
Tel.: (+420) 770 136 631, e-mail: email@example.com
In Prague 1. 7. 2021
I. Introductory provisions