Terms and Conditions

Epes evolution s.r.o.

with its registered office at Přibíkova 76/2, 102 00 Prague

Identification Number: 05918391
registered in the Commercial Register under file number: C 273002, maintained by the Municipal Court in Prague

for the sale of goods through an online store located at the web address www.epes-shop.cz

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Epes evolution s.r.o., with its registered office at Přibíkova 76/2. 102 00 Prague, identification number: 05918391, registered in the Commercial Register under file number: C 273002 maintained by the Municipal Court in Prague (hereinafter referred to as the "Seller"), govern, in accordance with the provisions of Section 1751(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 based on the purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at www.epes-shop.cz (hereinafter referred to as the "Website"), via the Website's interface (hereinafter referred to as the "Store Interface").
1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activities or in the independent practice of their profession when placing an order for goods.
1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the Sales Contract. Any deviating provisions in the purchase agreement take precedence over the provisions of these Terms and Conditions.
1.4. The provisions of these Terms and Conditions are an integral part of the purchase agreement. The purchase agreement and these Terms and Conditions are drafted in the Czech language. The purchase agreement may be concluded in the Czech language.
1.5. The Seller may amend or supplement the Terms and Conditions. This provision does not affect the rights and obligations that arose during the period in which the previous version of the Terms and Conditions was in effect.

2. USER ACCOUNT

2.1. Upon registering on the website, the buyer may access their user interface. From their user interface, the buyer may place orders for goods (hereinafter referred to as the "user account"). If the store's web interface allows it, the buyer may also place orders for goods without registering, directly through the store's web interface.
2.2. When registering on the website and when ordering goods, the buyer is required to provide all information accurately and truthfully. The buyer is required to update the information in the user account whenever any changes occur. The information provided by the buyer in the user account and when ordering goods is deemed accurate by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is required to maintain confidentiality regarding the information necessary to access their user account.
2.4. The buyer is not authorized to allow third parties to use their user account.
2.5. The Seller may cancel a user account, particularly if the Buyer has not used their user account for more than 5 years, or if the Buyer breaches their obligations under the purchase agreement (including these Terms and Conditions).
2.6. The Buyer acknowledges that the user account may not be available continuously, particularly in light of necessary maintenance of the Seller's hardware and software, or necessary maintenance of third parties' hardware and software.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All product listings on the store's website are for informational purposes only, and the seller is under no obligation to enter into a purchase agreement regarding such products. The provisions of Section 1732(2) of the Civil Code do not apply.
3.2. The online store contains information about the goods, including the prices of individual items and the costs of returning goods if, by their nature, such goods cannot be returned via standard mail. The prices of the goods are listed inclusive of value-added tax and all related fees. The prices of the goods remain valid for as long as they are displayed on the online store. This provision does not limit the seller's ability to enter into a sales contract under individually negotiated terms.
3.3. The online store's website also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods listed on the online store's website applies only to cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer shall fill out the order form on the online store's website. The order form contains, in particular, information regarding:
3.4.1. the goods being ordered (the buyer "adds" the ordered goods to the electronic shopping cart on the online store's website),
3.4.2. the method of payment for the purchase price of the goods, details regarding the requested delivery method for the ordered goods, and
3.4.3. information regarding the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5. Before submitting the order to the seller, the buyer is given the opportunity to review and modify the information entered into the order, including the ability to identify and correct any errors made while entering data into the order. The buyer submits the order to the seller by clicking the "Order" button. The information provided in the order is deemed accurate by the Seller. Immediately upon receiving the order, the Seller will confirm receipt to the Buyer via email, sent to the Buyer's email address specified in the user account or in the order (hereinafter referred to as the "Buyer's email address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to request additional confirmation of the order from the Buyer (for example, in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the order confirmation (acceptance), which the Seller sends to the Buyer via email to the Buyer's email address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase agreement. Any costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the buyer, provided that these costs do not exceed the standard rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
in cash upon delivery at the location specified by the buyer in the order;
by bank transfer to the Seller's account No. 2114214858/2700, held at UNICREDIT Bank (hereinafter referred to as the "Seller's Account");
via a payment system;
by credit or debit card.
4.2. In addition to the purchase price, the buyer is obligated to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with delivery of the goods.
4.3. The seller does not require the buyer to make an advance payment or any other similar payment. This does not affect the provision of Section 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash-on-delivery payment, the purchase price is due upon receipt of the goods. In the case of a non-cash payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
4.5. In the case of a non-cash payment, the buyer is required to pay the purchase price of the goods and include the payment reference number. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled upon crediting the relevant amount to the seller's account.
4.6. The Seller is entitled, particularly if the Buyer fails to provide subsequent confirmation of the order (Article 3.6), to demand payment of the full purchase price prior to shipping the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods provided by the Seller to the Buyer may not be combined.
4.8. If it is customary in business dealings or if so required by generally binding legal regulations, the Seller shall issue a tax document—an invoice—to the Buyer for payments made under the purchase agreement. The seller is a value-added tax payer. The seller will issue a tax document—an invoice—to the buyer after the price of the goods has been paid and will send it electronically to the buyer's email address.

4.9.1 Online payments are processed for us by the ComGate payment gateway. The service provider, ComGate Payments, a.s., is a licensed payment institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secure, and all information is encrypted.

4.9.2 Card Payment
The fastest way to pay online. Enter your card number, expiration date, and CVC code—the three digits found on the signature strip on the back of your card—into the ComGate payment gateway interface. Everything is secured by the 3D Secure standard, so you will likely be asked to enter a numeric code that you will receive via text message from your bank.

4.9.3 Payment by Bank Transfer
Instant payment via online banking. The ComGate payment gateway will redirect you to your online banking portal, where you'll log in as usual and confirm the pre-filled payment order. Once the payment is complete, you'll be redirected back to the store. The payment is confirmed immediately, and we will proceed with fulfilling your order without delay.

4.9.4 Contact Information
ComGate Payments, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
Email: platby-podpora@comgate.cz
Phone: +420 228 224 267

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a sales contract for the delivery of goods that have been customized according to the Buyer's wishes or for the Buyer's personal use, from a sales contract for the delivery of perishable goods, or from a sales contract for the delivery of goods in sealed packaging that the Buyer has opened and that, for hygienic reasons, cannot be returned, from a sales contract for goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a sales contract for audio or video recordings or computer programs, if the consumer has broken the original packaging.
5.2. Unless the case falls under Article 5.1 or another circumstance where withdrawal from the purchase contract is not permitted, the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of receiving the goods; if the purchase contract covers multiple types of goods or the delivery of multiple parts, this period begins on the date of receipt of the last delivery of goods. Notice of withdrawal from the sales contract must be sent to the seller within the period specified in the preceding sentence. To withdraw from the sales contract, the buyer may use the model form provided by the seller, which is attached to these Terms and Conditions. The buyer may send notice of withdrawal from the sales contract, among other places, to the address of the seller's place of business or to the seller's email address.
5.3. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the Terms and Conditions, the purchase agreement is canceled retroactively. The goods must be returned to the seller within fourteen (14) days of the buyer's withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
5.4. In the event of withdrawal from the contract pursuant to Section 5.2 of the Terms and Conditions, the seller shall refund the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, using the same method by which the seller received them from the buyer. The Seller is also entitled to refund the payment made by the Buyer upon the Buyer's return of the goods or by other means, provided the Buyer agrees and no additional costs are incurred by the Buyer as a result. If the buyer withdraws from the purchase agreement, the seller is not obligated to refund the funds received to the buyer until the buyer returns the goods to the seller or provides proof that the goods have been shipped to the seller.
5.5. The seller is entitled to unilaterally set off any claim for damages incurred to the goods against the buyer's claim for a refund of the purchase price.
5.6. Until the buyer takes possession of the goods, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller shall refund the purchase price to the buyer without undue delay, via bank transfer to the account designated by the buyer.
5.7. If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded subject to the condition subsequent that, should the buyer withdraw from the purchase agreement, the gift agreement regarding such gift shall cease to be effective, and the buyer is obligated to return the gift to the seller along with the goods.

6. SHIPPING AND DELIVERY OF GOODS

6.1. If the method of shipping is agreed upon based on a specific request by the buyer, the buyer bears the risk and any additional costs associated with that method of shipping.
6.2. If, under the purchase agreement, the seller is obligated to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery.
6.3. If, for reasons attributable to the buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.
6.4. Upon accepting the goods from the carrier, the buyer is obligated to check that the packaging is intact and, in the event of any defects, to report this immediately to the carrier. If the packaging is found to be damaged in a manner indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties regarding the shipment of goods may be governed by the Seller's special delivery terms, if issued by the Seller.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding claims arising from defective performance are governed by the applicable generally binding legal regulations (in particular the provisions of Sections 1914 through 1925, Sections 2099 through 2117, and Sections 2161 through 2174 of the Civil Code).
7.2. The seller warrants to the buyer that the goods are free from defects at the time of acceptance. In particular, the seller warrants to the buyer that, at the time the buyer accepted the goods:
7.2.1. the goods possess the characteristics agreed upon by the parties, and in the absence of such an agreement, possess the characteristics described by the seller or manufacturer or those expected by the buyer given the nature of the goods and based on the seller's or manufacturer's advertising,
7.2.2. the goods are fit for the purpose stated by the seller or for which goods of this type are typically used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined based on an agreed sample or model;
7.2.4. the goods are in the appropriate quantity, measure, or weight; and
7.2.5. the goods comply with legal requirements.
7.3. The provisions set forth in Section 7.2 of these Terms and Conditions shall not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed upon, to wear and tear on the goods caused by their normal use; to used goods, to a defect corresponding to the degree of use or wear and tear the goods had at the time of acceptance by the buyer; or if it results from the nature of the goods.
7.4. If a defect becomes apparent within six months of acceptance, the goods are deemed to have been defective at the time of acceptance. The buyer is entitled to assert rights arising from defects in consumer goods that occur within twenty-four months of acceptance.
7.5. The buyer shall exercise rights arising from defective performance with the seller at the address of the seller's place of business where complaints can be accepted in light of the range of goods sold, or, if applicable, at the seller's registered office or place of business. The moment the seller receives the goods subject to the complaint from the buyer shall be deemed the moment the complaint is filed.
7.6. Additional rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaint policy.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The buyer acquires ownership of the goods upon payment of the full purchase price.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The Seller handles out-of-court resolution of consumer complaints via the email address . The Seller will send information regarding the resolution of the Buyer's complaint to the Buyer's email address.
8.4. The Seller is authorized to sell goods based on a trade license. Trade inspections are conducted by the competent trade licensing office within its jurisdiction. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, within a defined scope, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

9. PRIVACY POLICY

9.1. The protection of the personal data of a Buyer who is a natural person is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
9.2. The Buyer consents to the processing of the following personal data: first and last name, residential address, identification number, tax identification number, email address, telephone number, and (hereinafter collectively referred to as "personal data").
9.3. The Buyer consents to the processing of personal data by the Seller for the purposes of exercising the rights and fulfilling the obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the Buyer selects a different option, the Buyer also consents to the processing of personal data by the Seller for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety pursuant to this Article is not a condition that would, in and of itself, prevent the conclusion of the purchase agreement.
9.4. The Buyer acknowledges that they are obligated to provide their personal data (during registration, in their user account, and when placing an order via the store's web interface) accurately and truthfully, and that they are obligated to inform the Seller without undue delay of any changes to their personal data.
9.5. The Seller may entrust a third party, acting as a data processor, with the processing of the Buyer's personal data. Except for persons transporting the goods, the Seller will not disclose personal data to third parties without the Buyer's prior consent.
9.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically by automated means or in printed form by non-automated means.
9.7. The Buyer confirms that the personal data provided is accurate and that he or she has been informed that the provision of personal data is voluntary.
9.8. If the Buyer believes that the Seller or the processor (Section 9.5) is processing their personal data in a manner that violates the Buyer's right to privacy or is contrary to the law—particularly if the personal data is inaccurate with respect to the purpose of its processing—the Buyer may:
9.8.1. request an explanation from the seller or the processor,
9.8.2. demand that the seller or the processor remedy the situation.
9.9. If the buyer requests information regarding the processing of their personal data, the seller is obligated to provide such information. The seller has the right to request reasonable compensation for providing the information referred to in the preceding sentence, not exceeding the costs necessary to provide the information.

10. SENDING MARKETING COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer agrees to receive information related to the Seller's goods, services, or business at the Buyer's email address and further agrees to receive commercial communications from the Seller at the Buyer's email address.
10.2. The Buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and for the Seller to fulfill its obligations under the purchase agreement without cookies being stored on the Buyer's computer, the Buyer may revoke the consent given in the preceding sentence at any time.
11. DELIVERY
11.1. Deliveries to the Buyer may be made to the Buyer's email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
12.2. If any provision of these Terms and Conditions is or becomes invalid or unenforceable, it shall be replaced by a provision whose meaning most closely approximates that of the invalid provision. The invalidity or unenforceability of any one provision shall not affect the validity of the remaining provisions.
12.3. The sales contract, including these Terms and Conditions, is archived by the seller in electronic form and is not accessible.
12.4. A sample form for withdrawing from the sales contract is attached to these Terms and Conditions.12.5. Seller's contact information: mailing address Epes evolution s.r.o., Palackého 816, 341 01 Horažďovice; email address epes@epesevolution.com; phone number 773 033 700.

In Prague on March 20, 2017 ​