Terms and Conditions

 

1. Introductory Provisions

1.1. These Business Terms and Conditions (“Business Terms and Conditions”) apply to the conclusion of all purchase agreements between the company Electrofyzika s.r.o., with its registered office no. 89, 679 13 Vavřinec, IČO: 03054721, VAT No.: CZ03054721, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 83419 (the “Seller”) and the Customer (the “Buyer”) in connection with or as a result of the purchase of Goods from the Seller’s offer in the Seller’s Internet shop at URL address: www.drypol.info, or more precisely the services offered and provided by the Seller to the Buyer in connection with the offering and sale of the Goods.

1.2. These Business Terms and Conditions form in accordance with the provisions of Section 1751 of the Act No. 89/2012 Coll., Civil Code (the “Civil Code”) an inseparable part of each purchase agreement concluded between the Seller and the Buyer through the Internet store in accordance with the procedure set out in Articles 3 and 4 of these Business Terms and Conditions (the “Purchase Agreement”), unless the Buyer and the Seller have expressly agreed on a different arrangement.

1.3. Unless otherwise expressly agreed in these Business Terms and Conditions or between the Parties, the rights and obligations of the Parties relating to the Goods shall likewise apply to the provision of services.

1.4. These Business Terms and Conditions shall also apply mutatis mutandis to the conclusion of any purchase agreements between the Seller and the Buyer through other means of remote communication (i.e. by telephone, fax, e-mail, etc.) than through the Internet store.

2. Specification of the Goods
Goods means all goods offered by the Seller in the Internet Store.

3. Electronic Order

3.1. An electronic order is, within the meaning of these Business Terms and Conditions, meant sending an order in the form of an online order form to the relevant URL of the Internet shop. Before the order is dispatched, the Buyer has the opportunity to check and change the input data entered in the order form. By sending the order the Buyer makes an offer for the conclusion of the Purchase Agreement for a selected number of packages containing the Goods (the “Ordered Goods”) at a price determined in accordance with Article 7. Data from the order form is delivered electronically to the Seller's attention.

3.2. By sending an online order, the Buyer factually accepts the current wording of the Business Terms and Conditions applicable to the Internet store at the time of sending the order, agrees with these Business Terms and Conditions and declares that it has had the opportunity to become acquainted with these Business Terms and Conditions prior to sending the order. These Business Terms and Conditions are available to the Buyer at any time on the Internet store website.

3.3. The Buyer agrees to be retrospectively contacted electronically or by telephone by the Seller or its authorized representative or trustworthy third party, including the trustworthy third company (carrier), in order to verify the correctness of the data entered and to grant consent to dispatch of the ordered Goods.

3.4. Telephone Order verification - upon receipt of the electronic order the Ordered Goods are handed over to the third company (carriers) for delivery to the Buyer at the address entered in the electronic order. The third-company employee (carrier) is entitled to agree with Buyer the exact date and time of delivery of the Ordered Goods to the Buyer's attention.

4. Conclusion of the Purchase Agreement

4.1. The Purchase Agreement itself is concluded when the purchase agreement is signed by sending an order form from an Internet presentation / shop to www.drypol.info, by receiving the Ordered Goods from the carrier or by delivering an order confirmation to the Buyer in electronic form.

4.2. Unless otherwise specified, the order receipt is sent to the Buyer to the email address entered in the online order form. From the moment of receipt of the acknowledgment of receipt from the Seller to the Buyer, the Buyer and the Seller incur rights and obligations set forth in the applicable legal regulations and these Business Terms and Conditions, in particular the Seller is obliged to arrange and deliver the Ordered Goods and the Buyer is obliged to take delivery of the Goods and pay the Purchase Price.

4.3. The Buyer has agreed with the Seller that the Goods order is acceptable to the Seller only when sent online using an order form in the Internet store, under which the Buyer agrees to these Business Terms and Conditions by selecting the appropriate form field of the order form. The Seller is entitled not to accept an order that is not made in accordance with these Business Terms and Conditions, or to return such an order to the Buyer for completion and to provide a reasonable time. By the expiry of the deadline, the order is deemed as if it has not been delivered.

4.4. The Buyer and the Seller hereby agree that the acceptance of these Business Terms and Conditions and the confirmation of acceptance of an electronic order by the Seller constitute the conditions for the conclusion of the Purchase Agreement.

4.5. For the avoidance of doubts it applies that the Purchase Agreement is not concluded if the Buyer's order is not accepted by the Seller or is accepted with reservation. The Buyer acknowledges that the Seller is not obliged to enter into the Purchase Agreement with the Buyer, in particular, if it is a person who has previously substantially violated the Purchase Agreement or these Business Terms and Conditions or a person who is in default with the payment of due obligations towards the Seller.

4.6. The Seller reserves the right, in exceptional cases, not to deliver the selected Goods to the Buyer, in particular if the Internet store has mistakenly stated manifestly erroneous or non-standard data, in particular, about the selected Goods, their price or the delivery date, or possibly if the Goods are sold out and permanently unavailable with the supplier. The Seller undertakes in such cases to return the financial amount paid on the basis of the Purchase Contract to the Buyer - it concerns the Buyer’s payment in advance / deposit.

4.7. The subject of the Purchase Agreement comprises only the items explicitly mentioned in the electronic order made at the relevant URL of the Internet shop. The Buyer is not authorized to require or enforce from the Seller any other Goods of a similar or other nature, nor to require it to be compensated in the event that Ordered Goods are currently unavailable.

5. Term and the Way of Delivery

5.1. The Buyer is obliged to agree by telephone on the exact date, i.e., the date and hour of delivery of the Ordered Goods with a trustworthy third party, i.e., a transport company (carrier). The Buyer is obliged to accept the Goods within the term agreed under the previous sentence or under Article 5.2. The Buyer is also obliged to follow the instructions given in the documents related to the Goods delivered by the Seller.

5.2. The Seller is obliged to deliver the Ordered Goods at a pre-agreed price and at a pre-agreed date, all in accordance with these Business Terms and Conditions. However, the delivery date is notified to the Buyer by the trustworthy third company (carrier).

5.3. The dispatch of Goods within the meaning of these Business Terms and Conditions is understood the delivery of the Ordered Goods to the authorized third party company employee (carrier) for the purposes of the delivery of the Goods to Buyer. Goods dispatch fulfils the Seller's obligation to deliver the Goods to the Buyer. Delivery of the Goods by the carrier to the Buyer may take up to twenty-five (25) calendar days from the receipt of the Goods by the Seller.

5.4. The obligation to mark the Goods is fulfilled by the Seller by filling in the shipping and delivery documents accompanying the Goods.

5.5. The Seller undertakes to dispatch the Ordered Goods to the Buyer at the latest within twenty-five (25) days from the date of conclusion of the Purchase Agreement. In the event that the Ordered Goods cannot be dispatched by the Seller within the period specified in the previous sentence, the Seller shall inform the Buyer thereof by electronic mail (by e-mail) to the e-mail address stated by the Buyer in the electronic order form.

5.6. The Buyer declares that it has been acquainted with all the information about the delivered Goods (technology for electro-physical drying of the rising moisture of the masonry DryPol® system at www.drypol.info), the conditions for the conclusion of the Purchase Agreement, the possibilities of payment for the delivered Goods, the possibilities of withdrawal from the Purchase Agreement and the right to cover the related costs as well as the amount of the cost of using the means of communication with the Seller.

6. Costs of delivery and take-over of the Goods

6.1. The costs for the delivery / transport of the Ordered Goods within the Czech and Slovak Republics shall be borne by the Seller and are included in the full price for the Goods determined in accordance with Article 7. If the Goods are dispatched to other states within the EU outside of the Czech Republic and the Slovakia, the Buyer shall bear the transport costs in full.

6.2. In the event that the Ordered Goods is not repeatedly taken over by the employee of the contractual delivery company (carrier) and is returned to the Seller, the Buyer is obliged to pay the costs associated with the repeated delivery of the Goods and the Seller is entitled in case of the re-order of the same Goods to the attention of the same Buyer to charge the delivery price of the Goods in full, increased by the full price for the previous failed delivery/transport in accordance with the carrier’s price list if the Goods were delivered by the Seller and the carrier but not taken over by the Buyer.

6.3. The Ordered Goods are delivered to Buyer’s attention via the carrier selected by the Seller.

6.4. Delivery costs of the Goods, if not already included in the price, are governed by a valid pricelist of the shipping company chosen by the Seller.

6.5. The Buyer will accept the Ordered Goods from the third party company (carrier) employee who will pay the charged price for the delivered Goods, including any shipping, packaging or other costs in accordance with these Business Terms and Conditions, as evidenced by its signature upon acceptance. The Buyer is obliged to make sure that the Goods arrived in good condition and undamaged before the departure of the carrier who delivered the Goods.

6.6. If the Buyer does not accept the Goods due to damage to the Goods during the transport, the Buyer is obliged to prepare with the responsible person of the carrier’s company who has delivered the Goods upon Seller's authorization, the complaint protocol.

7. Price for the Goods
7.1. Formal price specifications

All prices for the Goods and services listed on the store's website are final and are listed including your current VAT rate, excluding VAT. In the event of a discrepancy between the amount of VAT and the current legislation, the price excluding VAT is decisive, to which VAT at the current rate will be added. All prices are in EURO (EUR), unless stated otherwise. All prices for the Goods and services are valid only for the Internet store website. Other than stated prices for similar (or identical) Goods are not legally enforceable from the Seller.

7.2. Binding nature of the price for the Goods

The Seller is entitled to provide individual quantity discounts, promotion, or other prices than those listed in the Internet store. The Seller and the Buyer shall agree on the price so calculated on the basis of previous (personal, telephone, written) communications. Such individually calculated prices are not legally enforceable for other cases. It cannot be legally claimed or enforce prices for any same or similar products, if they are listed on other websites or in any other promotional presentations as a part of any advertising campaign in any form from other companies or on other websites or in any other promotional presentations in any advertising campaign in any form owned by the Seller. The prices are charged only to the Buyer who made an order in any of the ways specified in these Business Terms and Conditions and the Seller has accepted this order.

7.3. Duration and validity of prices

All prices listed on the Internet shop website are valid from the moment the Seller's offer is published on the Internet shop website until recalled. For the given Purchase Agreement, the Goods and services prices valid at the time of the order are used. Payments for the delivery of the Goods outside the Czech Republic, other services, and any other fees pursuant to these Business Terms and Conditions are not included in the price of Goods, but are charged separately and the total final purchase [price including all taxes and fees, which the Buyer is obliged to pay for the conclusion of the Purchase Agreement, shall be increased by this amount unless otherwise agreed in writing between the Seller and the Buyer.

7.4. Other Fees

Package prices are charged in addition to the amount specified for the individual Goods, unless otherwise stated on the website of the Internet store or otherwise agreed. Where the place of delivery by a third party (carrier) to a Buyer is outside the Czech Republic and the Slovak Republic:

• A shipping charge in the amount specified for each individual Goods in the amount specified in Article 6.4 is charged in addition to the said prices of the Goods, which increases the final amount payable to the Buyer;

• The prices are determined excluding taxes, customs duties, insurance and transport, which will be charged separately to the Buyer (even for partial performance), usually in the Seller's invoice (the content of which is determined by the Seller), unless the Seller and the Buyer agree otherwise.

7.5. The prices are determined excluding taxes, or custom duties, insurance and transport, which will be charged separately to the Buyer (even for partial performance), usually in the Seller's invoice (the content of which is determined by the Seller), unless the Seller and the Buyer agree otherwise.

7.6. Changes in the prices of the Goods

The Seller has the right to change the prices for the Goods. The potential Buyer is notified of any change in the prices of the Goods at suitable place of the Internet shop web presentation. In exceptional cases, any changes in the prices of the Goods and services to the Buyer are communicated in person and / or by telephone b) or by e-mail to the e-mail address indicated by the Buyer in the electronic order form of the Internet store. However, the change in the price of the Goods does not in any way affect the price of the Ordered Goods pursuant to the Purchase Agreements concluded before this change.

8. Method of Payment for the Goods and Services

8.1. By default, the Seller accepts only a cash payment made by the authorized third party company employee (carrier), where the payment of the full amount (the total purchase price including any shipping and other costs) is made in cash or by the payment card to the carrier's employee (if the carrier enables this form of payment) against the receipt of the Ordered Goods by the Buyer. The Purchase price for the Goods is therefore payable upon receipt of the Goods.

8.2. Unless the Seller and the Buyer agree otherwise, other forms of payment for the Ordered Goods are not acceptable.

8.3. The Seller does not require an advance or other similar payment from the Buyer unless otherwise agreed.

8.4. In the case of a mutual agreement between the Buyer and the Seller the payment is possible in advance of the delivery of the Goods to the Buyer in the form of a pro forma invoice. After the payment thereof by the Buyer to Seller's bank account, Electrophysics s.r.o., IBAN: CZ5203000000000265141765 BIC: CEKOCZPP / Bank: Československá obchodní banka, a. S., Radlická 333/150, 150 57 Prague 5 the Goods will be promptly dispatched to the Buyer.

9. The right to withdraw from the Purchase Agreement without giving any reason on the part of the Buyer - consumer

9.1. In the event that the Buyer is a consumer who has purchased the Goods only in electronic or written form, the special provisions of this Article 9 shall apply to the Buyer-consumer's right to withdraw from the Purchase Agreement without giving any reason. In the case of other buyers, the provisions of this Article 9 shall not apply.

9.2. Consumers within the meaning of Section 419 of the Civil Code have the right to withdraw unilaterally and without giving any reason from the Purchase Agreement within 14 (four) calendar days from the moment of the receipt of the Goods (unless it is a case of the Goods modified according to the Buyer's wishes or for it, or the Goods that have been irreversibly mixed with other goods after delivery, or the goods purchased by the Buyer in person) and require the reimbursement of funds including VAT already paid for the Goods when the Goods have been purchased and the Purchase Agreement has been concluded by means of remote communication (e.g. via the Internet store). In case of the Buyer's withdrawal from the Purchase Agreement, the Purchase Agreement is cancelled from the outset.

9.3. Delivery of withdrawal from the Purchase Agreement

Withdrawal from the Purchase Agreement shall be sent in writing by registered mail to the Seller or to Seller's e-mail address [e-mail address]. The withdrawal from the Purchase Agreement form is available online for download and print on the Internet store website.

9.4. Terms of withdrawal from the Purchase Agreement

If the Buyer- consumer withdraws from the Purchase Agreement, it shall send or hand over to the Seller, without delay, but at the latest within 14 (four) days of withdrawal from the Purchase Agreement, the Goods received from it.

9.5. Refund

If the Buyer withdraws from the Purchase Agreement, the Seller shall return to it without undue delay, but at the latest within fourteen (14) days after withdrawal from the Purchase Agreement, all funds (the purchase price of the delivered Goods), including the delivery costs received from it under the Purchase Agreement, cashless to the account notified to it in accordance with Article 9.3. The Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the Goods to it or proves that it has sent the Goods to the Seller in good order and not damaged in any way.

9.6. Cost of withdrawal from the Purchase Agreement

All costs incurred by the Buyer as a part of the withdrawal process from the Purchase Agreement are not legally enforceable and are borne by the Buyer itself in full. In case of withdrawal from the Purchase Agreement, the Buyer will be refunded only the already paid price for the Ordered Goods.

9.7. Delivery of the Goods in the event of the right to withdraw from the Purchase Agreement

If the Buyer exercises the right to withdraw from the Purchase Agreement, the Ordered Goods must be delivered back to Seller unused, intact and including all written documentation and preferably in the original packaging. If the Seller finds out that the returned Goods is damaged, incomplete or anyhow degraded, or is missing or is incomplete, it is entitled to deduct the amount that it refunds to the Buyer by a suitable amount corresponding to the degree of damage on the Goods. The Goods cannot be returned to the Seller in the context of the exercise of the right to withdraw from the Purchase Agreement; the Goods can only be sent as a (valuable) package. In the event that Goods are returned to the Seller by the Buyer as a cash on delivery package, the withdrawal from the Purchase Agreement will not take effect until the delivery of the Ordered Goods back to Seller as a (valuable) parcel.

10. Communication with the Seller

10.1. The communication with the technical and sales department of the Seller, the Seller, or its authorized representative is carried out and / via telephone b) or via e-mail or in writing, in paper form.

10.2. The communication is in the Czech language, or after prior approval by the Seller in the language of the Buyer's country, or in the language according to the agreement made by electronic mail.

10.3. Written communication addressed to the Seller must always be sent only to the Seller's postal address specified in Article 1.1, where an appropriate form duly filled in, such as an attachment, which is available for download in electronic form on the website of the Internet store, shall be a part thereof. Unless the Seller and the Buyer agree otherwise, communication via another postal address is not admissible and will not be taken into account.

11. Warranty Terms and Conditions

11.1. The Buyer is not entitled to the rights from defective performance if the Goods are damaged or impaired by one of the following methods: 
• Mechanical damage to the Goods by the Buyer;

• Overvoltage of the electrical network (burnt components or printed circuit boards) except for normal deviations;

• Using Goods in conditions that do not match their temperature, dustiness, humidity, chemical and mechanical effects of the environment that is directly determined by the Seller or the manufacturer;

• Using the Goods in contravention with the instructions given in the documentation provided or inconsistent with the instructions for installation and putting of the device into operation that was delivered with the delivered Goods to the Buyer.

• Improper installation, handling, operation, or neglect of the care for the Goods;

• Excessive loading or use in contravention with the conditions stated in the documentation or general principles;

• Performing unqualified intervention or changing parameters;

• Adjustment by the Buyer (painting, bending, overlaying, etc.);

• Natural elements or force majeure;

• If, in the context of the enclosed documentation that the Buyer is obliged to follow, the overvoltage protection was not inserted between the electrical connection of the power supply, i.e., the socket, and the connection of the power supply device, i.e., the fork, which the Buyer is obliged to buy and use at its own expense;

• By removing, defacing or breaking the seal attached to the device.

11.2. The Seller is liable to the Buyer that the Goods are in conformity with the Purchase Agreement, in particular, that it has no defects. In particular, the Seller is liable to the Buyer for the fact that the Goods, at the time of its takeover, possess the properties agreed by the Parties and, if there is no such arrangement, such properties as the Seller or the manufacturer have described or which the Buyer expects with regard to the nature of the Goods and the advertising made by them, that it is suitable for the purpose for which it is used by the Seller or for which an item like that is normally used and that the Goods comply with the requirements of generally binding legal regulations.

11.3. If the Purchase Agreement is concluded by the Buyer-consumer, the rights ensuing from defects and guarantee for the quality of Goods are governed by the provisions of the Civil Code on the sale of goods in the store and by the Consumer Protection Act No. 634/1992 Coll., as amended (the “Consumer Protection Act”).

11.4. The Buyer who is a consumer is entitled to exercise the right ensuing from a defect that occurs with respect to the Goods within twenty-four (24) months of receipt, unless a longer period is agreed by the Parties or provided by the Seller.

11.5 Based on information from an Internet presentation www.drypol.info the Buyer shall itself assess the suitability of the use of the Goods for its needs in accordance with the determination of the use of the Goods for which it was manufactured with regard to its specifications.

12. Cost of using the means of communication

12.1. Costs of calling to the phone numbers listed on the Internet store websites are charged to the Buyer according to the standard price list of the telephone operators.

12.2. No additional or hidden charges are charged by the Seller to any of the listed phone numbers.

13. Out-of-court dispute resolution in case of the Buyer-consumer

13.1. The Buyer, who is a consumer within the meaning of Section 419 of the Civil Code, has the right to out-of-court settlement of a dispute ensuing from the Purchase Agreement in accordance with Section 20d et seq. of the Consumer Protection Act through the Czech Trade Inspection Authority (www.coi.cz) (“CTI”).

13.2. Out-of-court settlement of a consumer dispute is initiated at the proposal of the Buyer-consumer, which can be submitted in writing, in person to protocol or electronically via an on-line form provided on the CTI website at the latest within one year after it exercised its right that is subject to the dispute with the Seller for the first time.

13.3. Prior to resorting to the out-of-court settlement of the dispute the Buyer-consumer must first try to resolve the dispute directly with the Seller.

13.4. None of the provisions of this Article excludes the Buyer-consumer's ability to resolve any dispute through a procedure in accordance with Article 16.2.

14. Personal Data Protection

14.1. The Buyer acknowledges that for the purposes of concluding the Purchase Agreement and for the time necessary to perform the rights and obligations associated with the Purchase Agreement, the Seller collects and further processes the provided personal data in its database. Personal data of the Buyer are kept in accordance with valid and effective laws of the Czech Republic, in particular, with the Act No. 101/2000 Coll., on of Personal Data Protection, as amended.

14.2. The Buyer is hereby advised that it has the right of access personal data, to correct personal data, to require explanation from the Seller if it suspects that the processing of personal data is detrimental to the protection of the personal and private life of the Buyer, or that personal data is processed in contradiction with legal regulations, to demand the remedy of a situation that is inconsistent with the law, in particular by terminating the use of personal data, repairing, adding or removing it.

15. Changes in the Business Terms and Conditions and their validity

15.1. Right to change the Business Terms and Conditions

The Seller is entitled to change these Business Terms and Conditions. The changed Business Terms and Conditions become valid and effective on the date of their publication on the Internet store website or at a later date specified therein.

15.2. The validity of contractual relations

Contractual relationships that arose before the new Business Terms and Conditions came into effect shall be governed by the Business Terms and Conditions applicable as of the date of the contractual relationship was established.

16. Final Provisions

16.1. These Business Terms and Conditions, all Purchase Agreements and legal relations between the Seller and the Buyer shall be governed and construed in accordance with the applicable laws of the Czech Republic, in particular the Civil Code and the Consumer Protection Act. However, this choice does not relieve the Buyer - consumer of the protection afforded to it by the provisions of another legal order, from which it is impossible to contractually derogate and which would otherwise apply in the absence of this choice of law.

16.2. The Parties undertake to resolve any disputes that may arise between them in connection with the performance or interpretation of these Business Terms and Conditions and / or the Purchase Agreement by negotiation and mutual agreement. If the dispute in question is not resolved by an amicable settlement within [thirty (30)] calendar days and it concerns the Purchase Agreement concluded with the Buyer who is not a consumer, all disputes arising out of the Purchase Agreement and / or in connection with it will be decided by the Czech court with territorial jurisdiction according to the seat of the Seller.

16.3. If any provision of the Business Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, instead of an invalid clause, a provision will be enforced, the meaning of which is closest to the contested invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the Purchase Agreement or Business Terms and Conditions require a written form.

16.4. The Purchase Agreement, including the Business Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

16.5. In cases where the Buyer is a businessman, it is true that Section 558 (2) of the Civil Code and business practices are applicable to the interpretation of the Purchase Agreement after the provisions of the Civil Code or other legal regulations as a whole (non-mandatory legislation shall have a priority before business practices).

16.6. The Contracting Parties exclude the application of Section 1740 (3) of the Civil Code, which provides that the contract is concluded even when there is no full agreement of the manifestations of the will of the contracting parties.

16.7. The Buyer who is an entrepreneur thus assumes the danger of changing circumstances in the sense of Section 1765 (2) of the Civil Code.

16.8. In the event that the Buyer is an entrepreneur, the Contracting Parties exclude the application of the provisions of Sections 1799 and 1800 of the Civil Code, which regulate references to the business terms and conditions in template contracts, define incomprehensible or particularly disadvantageous clauses and conditions of their validity.

These Business Terms and Conditions are valid and effective from 1 January 2018.