Terms and Conditions

These terms and conditions have been translated from Czech into English using AI Chat GPT technology. They are intended as a tool for 2EL-CZ customers. However, only the original terms in the Czech language are legally binding. 

These General Terms and Conditions ("Terms") of 2EL-CZ, spol. s r.o., with its registered office at Na Staré Cidlině 663, 504 01 Nový Bydžov, Company ID No. 28828208, registered in the Commercial Register under file no. C 30080, Regional Court in Hradec Králové ("We" or "Seller"), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations between you, as buyers, and us, as sellers, arising in connection with or based on a purchase agreement ("Agreement") concluded via the E-shop on the website www.2el.cz.

All information regarding the processing of your personal data is contained in the Privacy Policy, which you can find here.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the Terms. This provision does not affect any rights and obligations arising during the validity of the previous version of the Terms.

As you are surely aware, we primarily communicate remotely. Therefore, for our Agreement, remote communication means are used, which allow us to agree without the simultaneous physical presence of both parties (you and us). The Agreement is thus concluded remotely via the E-shop, specifically through the website interface ("E-shop website interface").

If any part of the Terms conflicts with what we mutually agreed upon during the purchase process on Our E-shop, the specific agreement will take precedence over the Terms.

II. GENERAL PROVISIONS AND NOTICE

1. The purchase of Goods is only possible through the E-shop website interface.

2. When purchasing Goods, it is your responsibility to provide Us with all information accurately and truthfully. The information you provided to Us when ordering the Goods will, therefore, be considered accurate and truthful.

III. CONCLUSION OF THE AGREEMENT

1. The Agreement with Us can only be concluded in the Czech language.

2. The Agreement is concluded remotely through the E-shop, and the costs of using remote communication means are borne by You. However, these costs do not differ from the basic rate you pay for the use of such means (primarily internet access), so you should not expect any additional costs beyond the Total Price charged by Us. By submitting the Order, you agree to the use of remote communication means.

3. In order to conclude the Agreement, you must create an Order proposal through the E-shop. The following details must be included in this proposal:

   a) Information about the Goods being purchased (on the E-shop, you select the Goods you wish to purchase by clicking the "Add to cart" button);

   b) Information about the Price, Shipping Price, method of payment for the Total Price, and the requested method of delivery for the Goods; these details will be provided during the creation of the Order proposal within the user interface of the E-shop, and information about the Price, Shipping Price, and Total Price will be automatically generated based on the Goods and delivery method you choose;

   c) Your identification and contact information necessary for the delivery of the Goods, especially your name, surname, delivery address, phone number, and email address;

   d) In the case of an Agreement under which We will deliver Goods to you regularly and repeatedly, also information on how long the Goods will be delivered to you.

4. During the creation of the Order proposal, you can modify and review the data until the Order is finalized. Once reviewed, you create the Order by pressing the "Order with obligation to pay" button. Before pressing the button, you must confirm that you have read and agreed to these Terms, otherwise, the Order cannot be created. The confirmation and agreement are made by checking a box. After pressing the "Order with obligation to pay" button, all entered information will be sent directly to Us.

5. We will confirm your Order as soon as possible after it is received by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms. Upon Our confirmation of the Order, the Agreement between You and Us is concluded. The version of the Terms in effect on the date of the Order forms an integral part of the Agreement.

6. There may be cases where we cannot confirm your Order. This typically occurs when the Goods are not available or if you order a larger quantity of Goods than we can accommodate. Information about the maximum quantity of Goods will always be provided to you in advance on the E-shop, so it should not come as a surprise. If there is any reason we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form from the original Order. In such a case, the Agreement is concluded when you confirm Our offer.

7. In the event that an obviously incorrect Price is indicated on the E-shop or in the Order proposal, We are not obliged to deliver the Goods to You at this Price, even if you have received an Order confirmation and the Agreement has thus been concluded. In such a case, we will contact you promptly and send you an offer to conclude a new Agreement in an amended form from the original Order. The new Agreement is concluded when you confirm Our offer. If you do not confirm Our offer within 3 days of its dispatch, We are entitled to withdraw from the concluded Agreement. An obvious error in the Price includes situations where the Price does not correspond to the usual price charged by other sellers or a digit is missing or extra.

8. Once the Agreement is concluded, you are obligated to pay the Total Price.

9. If you have a User Account, you may place an Order through it. Even in this case, you are required to verify the accuracy, truthfulness, and completeness of the pre-filled information. The process of creating an Order is identical to that of a buyer without a User Account, but the advantage is that you do not need to repeatedly enter your identification information.

10. In some cases, we may allow you to apply a discount when purchasing Goods. To receive the discount, you must enter the discount information into the designated field during the Order proposal process. If you do so, the Goods will be provided to you at a discounted price.

IV. USER ACCOUNT

1. Based on your registration on the E-shop, you can access your User Account.

2. When registering for a User Account, it is your responsibility to provide all information accurately and truthfully, and to update it in the event of any changes.

3. Access to the User Account is secured by a username and password. It is your responsibility to maintain the confidentiality of these access credentials and not to share them with anyone. We do not bear any responsibility for their misuse.

4. The User Account is personal, and you are not authorized to allow third parties to use it.

5. We may cancel your User Account, particularly if it has not been used for more than 1 year or if you breach any obligations under the Agreement.

6. The User Account may not be available continuously, especially due to necessary maintenance of hardware and software systems.

V. PRICE AND PAYMENT TERMS, RETENTION OF OWNERSHIP

1. The Price is always stated within the E-shop, in the Order proposal, and of course in the Agreement. In the event of any discrepancy between the Price listed for the Goods on the E-shop and the Price in the Order proposal, the Price in the Order proposal shall apply, which will always be identical to the Price in the Agreement. The Order proposal also includes the Shipping Price or the conditions under which shipping is free of charge.

2. The Total Price is stated inclusive of VAT and all fees prescribed by law.

3. Payment of the Total Price will be required from you after the conclusion of the Agreement and prior to the delivery of the Goods. You may pay the Total Price through the following methods:

   a) Bank Transfer. Payment instructions will be sent to you as part of the Order confirmation. In the case of a bank transfer, the Total Price is due within 7 days.

   b) Cash on Delivery. In this case, payment is made upon delivery of the Goods in exchange for receipt of the Goods. If paying by cash on delivery, the Total Price is due upon receipt of the Goods.

   c) Cash upon Personal Pickup. Cash payment can be made when picking up the Goods at Our facility. In this case, the Total Price is due upon collection of the Goods.

4. The Invoice will be issued in electronic form after the Total Price is paid and will be sent to your email address. The Invoice will also be physically included with the Goods and available in your User Account.

5. Ownership of the Goods transfers to you only after you have paid the Total Price and taken possession of the Goods. In the case of a bank transfer, the Total Price is considered paid when credited to Our account; in other cases, it is considered paid at the time the payment is made.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

1. The Goods will be delivered to you in the manner of your choice, and you can select from the following options:

   a) Personal pickup at Our facility.

   b) Delivery via shipping companies Česká pošta or DPD.

2. The Goods can only be delivered within the Czech Republic.

3. The delivery time of the Goods depends on their availability and the chosen delivery and payment method. The estimated delivery time will be provided to you in the Order confirmation. The delivery time stated on the E-shop is approximate and may differ from the actual delivery time. In the case of personal pickup at the facility, we will inform you via email when the Goods are ready for collection.

4. Upon receiving the Goods from the carrier, it is your responsibility to check the condition of the packaging and immediately report any defects to the carrier and Us. If the packaging shows signs of unauthorized handling or entry into the shipment, you are not obliged to accept the Goods from the carrier.

5. If you fail to accept the Goods, except in cases under Article VI.4 of these Terms, this does not result in a breach of Our obligation to deliver the Goods to you. However, your failure to accept the Goods does not constitute a withdrawal from the Agreement between You and Us. In such a case, We are entitled to withdraw from the Agreement due to your material breach. If We choose to exercise this right, the withdrawal will be effective on the date the notice of withdrawal is delivered to you. Withdrawal from the Agreement does not affect the right to recover the Shipping Price or claim damages if applicable.

6. If the Goods need to be redelivered or delivered in a different manner due to reasons on your part, you are responsible for reimbursing Us for the costs associated with such redelivery. We will send the payment details for these costs to your email address specified in the Agreement, and they are due within 14 days of receiving the email.

7. The risk of damage to the Goods passes to you at the moment you take possession of them. If you fail to accept the Goods, except in cases under Article VI.4 of these Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take possession but did not do so due to reasons on your part. The transfer of risk of damage to the Goods means that from this moment, you bear all consequences related to the loss, destruction, damage, or any other deterioration of the Goods.

8. If the Goods were not listed as "in stock" on the E-shop and an estimated availability time was provided, we will inform you in the event of:

   a) An extraordinary production disruption, in which case we will inform you of the new expected availability time or let you know if it will not be possible to deliver the Goods;

   b) A delay in the delivery of the Goods from Our supplier, in which case we will inform you of the new expected delivery time.

9. If We are unable to deliver the Goods to you within 30 days of the delivery date stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Agreement.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time of the transfer of the risk of damage to the Goods, as per Article VI.7 of these Terms, the Goods are free from defects, particularly that:

   a) The Goods have the qualities that we agreed upon, or if no specific qualities were agreed upon, those described in the product description, or qualities typically expected given the nature of the Goods;

   b) The Goods are suitable for the purposes we stated, or for purposes that are typical for goods of this kind;

   c) The Goods match the quality or design of any sample, provided that the quality or design was determined by reference to a sample;

   d) The Goods are provided in the correct quantity and weight;

   e) The Goods meet the requirements set by applicable legal regulations;

   f) The Goods are not encumbered by third-party rights.

2. Rights and obligations related to defective performance are governed by the applicable legal regulations (in particular, provisions of Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

3. If the Goods are defective, i.e., if they do not meet the conditions specified in Article VII.1, you may notify Us of the defect and exercise your rights regarding defective performance (i.e., make a claim) by sending an email or letter to Our contact addresses provided in the identification section. You may also use the sample complaint form we provide, which forms Appendix No. 1 of these Terms. In your claim, you must specify how you want the defect to be resolved, and you cannot change this choice later without Our consent, except in cases covered by Article 7.4. We will address your claim according to the right you exercised in your complaint. If you do not choose a method of resolving the defect, you will have the rights specified in Article 7.5, even in cases where the defective performance constituted a substantial breach of the Agreement.

4. If the defective performance constitutes a substantial breach of the Agreement, you have the following rights:

   a) Delivery of new Goods free of defects or delivery of the missing part of the Goods;

   b) Repair of the defect in the Goods;

   c) A reasonable discount on the Price;

   d) Withdrawal from the Agreement.

   If you choose remedies under points (a) or (b) and We fail to remedy the defect within the reasonable time We specified or inform you that We will not remedy the defect, you will have the rights under points (c) and (d), even if you did not originally request them in your complaint. Additionally, if you choose the repair of the Goods and We determine that the defect is irreparable, We will inform you, and you can choose another method of defect resolution.

5. If the defective performance constitutes a minor breach of the Agreement, you have the following rights:

   a) Delivery of new Goods free of defects or delivery of the missing part of the Goods;

   b) Repair of the defect in the Goods;

   c) A reasonable discount on the Price.

   If We do not remove the defect in time or refuse to do so, you have the right to withdraw from the Agreement. You can also withdraw if you cannot use the Goods properly due to recurring defects after repair or if there are a large number of defects.

6. In the case of both substantial and minor breaches, you cannot withdraw from the Agreement or request new Goods if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

   a) The condition of the Goods changed due to an inspection to discover the defect;

   b) The Goods were used before the defect was discovered;

   c) The inability to return the Goods in the same condition was not caused by your actions or omission;

   d) You sold, consumed, or altered the Goods during normal use before the defect was discovered; if this occurred only partially, you are obligated to return the part of the Goods that remains, and in such a case, you will not be refunded the part of the Price corresponding to your use of the Goods.

7. Within 3 days of receiving your claim, We will confirm via email that We received the claim, when it was received, and the expected time for resolving the claim. We will handle the claim without undue delay, but no later than 30 days from its receipt. This period may be extended by mutual agreement. If the period expires without resolution, you may withdraw from the Agreement.

8. We will notify you by email of the outcome of your claim. If the claim is justified, you are entitled to reimbursement of any reasonable expenses incurred, which you must prove with receipts or similar evidence. If the defect is remedied by providing new Goods, you are obligated to return the original Goods to Us, and We will cover the cost of this return.

9. If you are an entrepreneur, you are required to notify and report a defect without undue delay after you could have discovered it, but no later than 3 days after receiving the Goods.

10. If you are a consumer, you have the right to exercise rights for defective performance within 24 months of receiving the Goods for defects that arise in consumer Goods.

11. The provisions concerning the rights from defects do not apply in the following cases:

a) For Goods sold at a lower Price, the defect for which the lower Price was agreed;

b) For wear and tear of the Goods caused by normal use;

c) For used Goods, defects corresponding to the level of use or wear and tear the Goods had when you took possession of them;

d) Where the nature of the Goods dictates otherwise.

VIII. WITHDRAWAL FROM THE AGREEMENT

1. Withdrawal from the Agreement, meaning the termination of the contractual relationship between Us and You from its inception, may occur for reasons and in the ways specified in this article, or in other provisions of the Terms where the option to withdraw is expressly stated.

2. If you are a consumer, i.e., a person purchasing Goods outside of your business activities, you have the right to withdraw from the Agreement without giving a reason within 14 days of the Goods' delivery, in accordance with Section 1829 of the Civil Code. If the Agreement involves several types of Goods or the delivery of several parts, this period begins on the day the last part of the Goods is delivered. If the Agreement involves regular and repeated delivery of Goods, the period begins on the day of the first delivery. You may withdraw from the Agreement in any verifiable manner (primarily by sending an email or letter to Our addresses listed in Our identification details). You may also use the withdrawal form provided by Us, which forms Appendix No. 2 of the Terms.

3. However, even as a consumer, you cannot withdraw from the Agreement in the following cases:

   a) Goods whose Price depends on fluctuations in the financial market beyond Our control, which may occur during the withdrawal period;

   b) Delivery of alcoholic beverages, which may be delivered only after thirty days and whose Price depends on fluctuations in the financial market beyond Our control;

   c) Goods that were customized according to your specifications or made for your individual needs;

   d) Goods that are perishable or Goods that, after delivery, have been irreversibly mixed with other items;

   e) Goods in sealed packaging that were removed from the packaging and cannot be returned for hygienic reasons;

   f) Delivery of audio or video recordings or computer software, where the original packaging has been opened;

   g) Delivery of newspapers, periodicals, or magazines;

   h) Delivery of digital content not supplied on a tangible medium, if delivery began with your express consent before the withdrawal period expired and We informed you that you have no right to withdraw from the Agreement.

4. The withdrawal period as specified in Article VIII.2 is deemed to be observed if you send Us your notice of withdrawal during the withdrawal period.

5. In the event of withdrawal from the Agreement, the Price will be refunded to you within 14 days from the effective date of the withdrawal, to the account from which it was originally paid, or to an account you specify in your withdrawal notice. However, the refund will not be made until you return the Goods to Us or provide proof that the Goods have been sent back. Please return the Goods to Us clean and, if possible, in the original packaging.

6. In the event of withdrawal from the Agreement as per Article VIII.2, you are required to send the Goods back to Us within 14 days of withdrawal, and you bear the costs of returning the Goods. You are entitled to a refund of the Shipping Price, but only up to the amount corresponding to the cheapest delivery method offered by Us. In the event of withdrawal due to Our breach of the Agreement, We will also cover the costs of returning the Goods, but again only up to the amount corresponding to the cheapest delivery method offered by Us.

7. You are liable to Us for any damage caused if the Goods are damaged as a result of handling beyond what is necessary to determine their nature and characteristics. In such a case, We will invoice the damages once the Goods are returned to Us, and the invoiced amount will be payable within 14 days. If We have not yet refunded the Price to you, We may set off the claim for damages against your claim for a refund of the Price.

8. We are entitled to withdraw from the Agreement at any time before delivering the Goods to you, if there are objective reasons preventing the delivery of the Goods (especially due to third-party issues or reasons related to the nature of the Goods), even before the expiration of the period stated in Article VI.9 of the Terms. We may also withdraw from the Agreement if it is evident that you provided intentionally incorrect information in the Order. If you are purchasing Goods as part of your business activities, i.e., as an entrepreneur, We are entitled to withdraw from the Agreement at any time without giving a reason.

IX. DISPUTE RESOLUTION WITH CONSUMERS

1. We are not bound by any codes of conduct in relation to buyers as defined by Section 1826(1)(e) of the Civil Code.

2. We handle consumer complaints via the email address eshop@2el.eu. Information regarding the resolution of a complaint will be sent to the buyer's email address.

3. For the out-of-court settlement of consumer disputes arising from the Agreement, the Czech Trade Inspection Authority (Česká obchodní inspekce) is the competent authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: http://www.coi.cz. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from a purchase agreement concluded electronically.

4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the 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 (the ODR Regulation).

X. FINAL PROVISIONS

1. If our legal relationship with you involves an international element (e.g., if we deliver goods outside the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights under applicable laws.

2. All written correspondence between us and you will be delivered via email. Our email address is listed in our identification details. We will send correspondence to the email address you provided in the Agreement, in your User Account, or the one you used to contact us.

3. The Agreement can only be amended by our written agreement. However, we reserve the right to amend and supplement these Terms, but such changes will not affect Agreements already concluded, only those made after the change takes effect. We will notify you of any changes only if you have a User Account (so you are informed when you order new Goods) or if we are delivering Goods to you regularly. Information about the change will be sent to your email address at least 14 days before the change takes effect. If we do not receive a termination notice from you within 14 days of the notification of the change, the new Terms will become part of our Agreement and apply to the next delivery of Goods after the change takes effect. The notice period in the event you terminate the Agreement is 2 months.

4. In the event of force majeure or unforeseen events (natural disaster, pandemic, operational failures, supplier disruptions, etc.), we are not liable for any damage caused as a result of or in connection with these events. If the force majeure lasts longer than 10 days, both you and we have the right to withdraw from the Agreement.

5. The Terms include a sample complaint form and a sample withdrawal form as attachments.

6. The Agreement, including the Terms, is archived by us electronically but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, ensuring you have access to the Agreement without our assistance. We recommend saving the Order confirmation and the Terms.

7. These Terms are effective from May 1, 2024.

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ANNEX NO. 1 - COMPLAINT FORM

Recipient:
2EL-CZ, spol. s r.o., Na Staré Cidlině 663, 504 01 Nový Bydžov.

Complaint Submission

Date of Agreement:

Name and Surname:

Address:

Email Address:

Goods being complained about:

Description of Goods' defects:

Proposed method for resolving the complaint, or bank account number for a discount:

I also request a confirmation of the complaint submission, indicating when I exercised this right, the content of the complaint along with my claim, and the date and method of complaint resolution.

Date:
Signature:

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ANNEX NO. 2 - WITHDRAWAL FROM THE AGREEMENT FORM

Recipient:
2EL-CZ, spol. s r.o., Na Staré Cidlině 663, 504 01 Nový Bydžov.

I hereby declare that I withdraw from the Agreement:

Date of Agreement:

Name and Surname:

Address:

Email Address:

Specification of the Goods subject to the Agreement:

Method for refunding the received financial resources, or bank account number:

If the buyer is a consumer, they have the right, if they ordered goods via the e-shop of 2EL-CZ, spol. s r.o., Na Staré Cidlině 663, 504 01 Nový Bydžov (the “Company”) or through another remote communication means, to withdraw from the already concluded purchase agreement within 14 days of receiving the goods, without providing a reason and without any penalties, except for cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. The buyer shall notify the Company of their withdrawal in writing at the Company's business address or electronically to the email provided on the sample form.

If the consumer buyer withdraws from the purchase agreement, they must send or deliver the goods they received from the Company without undue delay, no later than 14 days from the withdrawal.

If the consumer buyer withdraws from the purchase agreement, the Company will return all monetary funds (the purchase price of the delivered goods), including delivery costs received from the buyer under the purchase agreement, without undue delay, no later than 14 days from the withdrawal. This will be done in the same manner as originally paid by the buyer. If the buyer chose a delivery method other than the least expensive method offered by the Company, the Company will only refund the delivery costs equivalent to the least expensive offered delivery method. The Company is not obliged to refund the received monetary funds to the buyer until the buyer returns the goods or proves that they have sent the goods to the Company.

Date:
Signature: