General commercial terms

    1. PRELIMINARY PROVISIONS
      1. The present General Commercial Terms (hereinafter referred to as “the Terms”) are commercial terms issued by eMan s.r.o., IČO (business registration number) 27203824,  registered office at U Pergamenky 1145/12, Holešovice, 170 00 Prague 7 (hereinafter referred to as “the Seller”) for the sale of goods, namely a device named “Minialarm” (hereinafter referred to as “the Product”) via an online shop of the Seller located at the internet address www.minialarm.com (hereinafter referred to as “the Shop”). The Terms govern in particular the mutual rights and obligations between the Seller and the person interested in buying the Product (hereinafter referred to as “the Buyer”), arising from the purchase contract for the Product concluded via the Shop or in relation to its conclusion, as well as the rights and obligations related to the use of the Shop.
      2. The present Terms form an integral part of every purchase contract for the Product concluded between the Seller and the Buyer, where the contractual arrangements consist of the present Terms and the order of the Buyer confirmed by the Seller.
      3. The present Terms are written in the English language. The purchase contract with the Seller can be concluded in the English language.
      4. The Buyer acknowledges that when activating the Product and in order to be able to use the Product, it is necessary to conclude a contract on the provision of paid related services (hereinafter referred to as “the Services”) with the Seller pursuant to the relevant commercial terms (hereinafter referred to as “the Service Terms”). Without concluding the aforementioned contract, the Product cannot be used in accordance with its purpose. The contract on the provision of Services can be terminated at any time in accordance with the Service Terms. However, once the contract is terminated, it will not be possible to use the Product anymore.
    2. REGISTRATION
      1. The Shop is accessible without registration. However, to be able to buy and use the Product, registration is necessary.
      2. Registration of the Buyer happens automatically when the order is sent, using the Buyer’s e-mail address. The Buyer is obliged to enter solely his or her own e-mail address and their true and correct personal data. Based on the registration, a user account is created for the Buyer (hereinafter referred to as “the User Account”). The Buyer is obliged to keep his or her data entered in the order up to date via their User Account.
      3. The User Account serves for the administration of the order, or the concluded contractual relationships, as well as for the provision of Services and for managing the settings.
      4. The Buyer is not entitled to let a third person use his or her User Account, in particular by communicating their login data to them, and is fully responsible for any damage caused in relation to the use of their User Account by a third person.
    3. ORDER
      1. Information about the Product and its prices made available via the Shop does not constitute a proposal to conclude a purchase contract and is purely informative in nature. Therefore, the provisions of Section 1732 of Act 89/2012 Sb., Civil Code do not apply to this information.
      2. All information about the prices of the Product made available via the Shop represents final prices including all taxes and fees valid with the Seller, while the prices do not include delivery costs of the Product.
      3. When creating an order, the Buyer is informed about available methods of delivery of the Product by the Seller, as well as about the costs of those methods of delivery. The delivery costs of the Product, including packaging costs, are not included in the purchase price of the Product. In the cases where the Seller provides the delivery of the Product free of charge, this is explicitly stated. The Product can solely be delivered within the territory of the Czech Republic.
      4. Before the order is sent, a summary of the order is always displayed to the Buyer and before sending the order, he or she has the possibility to check and modify it.
      5. The sent order constitutes a proposal made the Buyer to the Seller to conclude a purchase contract based on the present Terms. The purchase contract for the Product arises at the moment of delivery of the order confirmation sent by the Seller to the e-mail address of the Buyer. The order confirmation contains links to the full wording of the present Terms.
      6. By sending the order the Buyer expresses his or her consent with the present Terms that are always available also from the interface of the Shop.
      7. After the order is sent by the Buyer, it will be processed by the Seller and subsequently the Seller will send the Buyer an order confirmation. The order confirmation constitutes the acceptance of the order by the Seller. At the moment of delivery of the order confirmation to the Buyer, a purchase contract for the Product is concluded between the Seller and the Buyer.
      8. On the basis of the concluded purchase contract, the Seller is obliged to deliver the Product to the Buyer by the agreed method, in the corresponding quantity and quality. The user is obliged to pay to the Seller the purchase price of the Product and the delivery costs and to accept delivery of the duly delivered Product.
      9. The purchase contract including the present Terms is archived in electronic form and is not accessible.
      10. The Buyer consents to the use of means of distant communication in relation to the conclusion of the purchase contract with the Seller. The costs incurred for the Buyer by the use of means of distant communication in relation to this (internet and telephone) are borne by the Buyer. These costs do not differ from basic rates.
    4. PAYMENT
      1. Payments for the order can be made solely by cashless transfers via EVO Payments International s.r.o. payment gateway using Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, American Express and Diners Club payment cards. After sending the order and receiving its confirmation by the Seller, the Buyer is redirected to the payment gateway and asked to enter the data related to his or her payment card and to authorize the payment of the total amount of the order. The use of the payment gateway is governed by specific commercial terms of EVO Payments International s.r.o. The Seller does not incur any liability for damage caused in relation to the use of the payment gate.
      2. The Buyer is obliged to make the payment of the total purchase price of the Product before it is handed over to the transporter for delivery.
      3. The Buyer consents to the fact that the data related to his or her payment card may be stored in the payment gateway for the purpose of future payments for Services.
      4. Based on the payment of the purchase price of the Product, and of the delivery costs if applicable, the Seller shall issue a sales note, i.e. an invoice, that shall be sent to the Buyer in electronic form to his or her e-mail address.
      5. Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt for the Buyer. The Seller is also obliged to register the received sale at the tax authority online, or, in the case of a technical issue, within 48 hours at the latest.
    5. DELIVERY
      1. The Buyer can choose between the methods of delivery of the Product offered by the Seller at the time of placing the order. Based on the Buyer’s choice, the Seller is obliged to transmit the Product to the relevant transporter for transport to the agreed delivery address, or to deliver it themselves, and the Buyer is obliged to accept delivery of the Product at the delivery address. This does not apply if the packaging of the Product is damaged in a way that shows an illegitimate entry into the consignment containing the Product.
      2. If the delivery is carried out repeatedly or in a method different from the one agreed due to reasons on the part of the Buyer, the Buyer is obliged to settle the costs related to the repeated attempt at delivery or the costs related to a different delivery method.
      3. Upon delivery the Buyer is obliged to inspect the Product without delay and report any potential defects to the Seller without undue delay.
    6. WITHDRAWAL FROM THE CONTRACT BY THE SELLER 
      1. If, due to temporary unavailability of the Product, the Seller is unable to deliver the Product on time and the Buyer does not accept a later delivery date, the Seller reserves the right to withdraw from the purchase contract.
      2. The Seller further reserves the right to withdraw from the purchase contract concluded with the Buyer for compelling and objective reasons that may arise out of their control and due to which they would not be able to deliver the Product under the arrangements of the purchase contract without unreasonable difficulties (e.g. due to permanent unavailability, a substantial change of the manufacturing price of the Product etc.) or if, due to a technical issue in the Shop interface, manifestly incorrect information on the Product price was stated.
      3. The Seller is entitled to withdraw from the purchase contract if the Buyer does not accept delivery of a duly delivered Product or does not provide the collaboration necessary for the delivery of the Product. In such case, it is the Buyer who bears the extra delivery costs.
    7. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
      1. If the Buyer is the consumer, he or she has the right to withdraw from the purchase contract with the Seller without giving any reason within 14 days of the day on which the Buyer accepted delivery of the Product.
      2. Withdrawal from the purchase contract can be sent by the Buyer in written form to the address of the registered office of the Seller or electronically to their e-mail address stated on the Shop interface and in Article 1.1. of the present Terms. To withdraw from the purchase contract with the Seller, the Buyer can also use a standard form that can be downloaded here: Withdrawal Form.
      3. The Buyer is obliged to return the Product that was the object of the contract to the Seller within 14 days of withdrawal from the purchase contract. The costs of returning the Product to the Seller are borne by the Buyer, even in the case when the Product cannot be returned to the Seller by the usual postal service due to its nature.
      4. The Seller is obliged to reimburse to the Buyer the amount corresponding to the purchase price of the Product and its delivery costs at the latest within 14 days of withdrawal from the purchase contract by the Buyer, on the condition that the Buyer has returned the Product to the Seller or proves that he or she has sent it to the Seller. If the Buyer chose a different delivery method for the Product than the cheapest possible one offered by the Seller, the Seller shall reimburse to the Buyer only the delivery costs of the Product corresponding to the cheapest delivery method. The corresponding amount shall be returned to the Buyer on the bank account linked to the payment card used for the payment of the purchase price of the Product.
    8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
      1. The Seller is liable to the Buyer for the fact that at the time of the passing of risk to the Buyer the Product is free from any defects.
      2. The rights of the Buyer arising from potential defective performance are governed by Act 89/2012, Civil Code, in particular by Sections 2099 to 2117, and, if the Buyer is the consumer, also by Sections 2165 to 2174.
      3. If the Product presents defects that constitute a substantial breach of the purchase contract, the Buyer has the right to request that the defect be removed by repair, the right to request the supply of a new Product or of the missing parts, the right to request a reasonable reduction from the purchase price or the right to withdraw from the purchase contract. If the Buyer does not inform the Seller about his or her choice of right on time, he or she has solely the rights stated below for the case of a non-substantial breach of the purchase contract. If the Buyer does not inform the Seller about the defect of the Product on time, he or she loses the right to withdraw from the contract. If the Product presents only defects that constitute a non-substantial breach of the purchase contract, the Buyer has the right to request the removal of the defect or a reasonable reduction from the purchase price.
      4. If the Buyer is the consumer, he or she can also request the delivery of a new Product free from defects, if this is not unreasonable given the nature of the defect. If the defect concerns only a part of the Product, the Buyer can only request the replacement of the given part. If this is not possible, the Buyer has the right to withdraw from the purchase contract. The delivery of a new Product or the replacement of its part can be requested by a Buyer who is the consumer, even in the case of a defect that can be removed, if the Product cannot be properly used due to repeated occurrence of a defect after repair or due to a higher number of defects. In that case, the Buyer can also withdraw from the purchase contract.
      5. If the Buyer is the consumer and the defect of the Product becomes manifest within 6 months of acceptance of delivery, it is considered that the Product was defective at the moment of its acceptance. The Buyer who is the consumer is also entitled to claim his or her right arising from a defect that manifests on the Product within 24 months of its acceptance, while this shall not apply in the case of a defect that resulted in an agreement on a reduced price, in the case of wear of the Product by standard use, in the case of a used Product for a defect corresponding to the extent of wear at the moment of acceptance by the Buyer, and in cases where it is given by the nature of the Product.
    9. WARRANTY CLAIMS
      1. Rights from defective performance are claimed by the Buyer at the address of the Seller’s establishment, or at their registered office or place of business, with the exception of cases where a different person is appointed to make the repair. The Seller’s preferred method of sending a warranty claim is in writing to the address of the Seller’s registered office or in electronic form to their e-mail address stated in Article 13 of the present Terms, while the Product that is the object of the warranty claim can be delivered to the Seller to the address of their registered office, or via their partner Central Warehouse Solution s.r.o. (Pohraniční 52/23, Ostrava – Vítkovice, 703 00, Czech republic).
      2. The Buyer is obliged to inform the Seller about his or her choice concerning their rights arising from the Product defect at the moment of informing the Seller about the defect or afterwards without undue delay.
      3. If the Buyer is the consumer, the Seller or an employee appointed by them is obliged to decide about the claim immediately, in complex cases within 3 working days. This deadline does not include the reasonable period necessary for an expert examination of the defect according to the type of goods (Product). Afterwards, the claim, including the removal of the defect, has to be dealt with without undue delay, at the latest within 30 days of making the claim, unless the Seller and the Buyer agree on an extended deadline. Should the deadline expire without the claim being resolved, it shall be considered a substantial breach of the purchase contract by the Seller.
    10. COMPLAINTS
      1. Buyers can send their complaints directly to the Seller to their e-mail address stated in Article 13 of the present Terms. Information about the processing of the complaint will always be sent to the Buyer’s electronic address.
      2. The Buyer can also directly address the relevant state supervisory authority with their complaint. The Seller is entitled to sell the Product on the basis of a trade license. The trade licensing inspection is carried out by the local Trade Licensing Authority. For processing complaints related to electronic communication services, the supervisory authority is the Czech Telecommunication Office. The Czech Trade Inspection Authority supervises, in a limited extent, compliance with Act 634/1992 Sb. on Consumer Protection.
    11. OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES
      1. If a consumer dispute that has arisen between the Buyer as the consumer and the Seller cannot be settled by mutual agreement, the Buyer is entitled to initiate an out-of-court resolution of such a dispute with the relevant body for out-of-court resolution of consumer disputes, which is: The Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15,  20 00 Prague 2, e-mail: adr@coi.cz, web: adr.coi.cz. The Buyer can also use the online platform for conflict resolution set up by the European Commission available at http://ec.europa.eu/consumers/odr/.
    12. PRIVACY PROTECTION
      1. Privacy protection principles are contained in a separate document, available at minialarm.com/en/privacy-policy, that forms an integral part of the Terms. By giving his or her consent to the Terms, the Buyer also gives their consent to the aforementioned Privacy Protection Principles.
    13. FINAL PROVISIONS
      1. The present Terms can be amended or supplemented by the Seller at will without prejudice to the rights and duties that arose when the previous version of the Terms was in effect. In addition, the Seller is entitled to, to a reasonable extent, unilaterally modify the Terms regarding their long-term engagements resulting from the present Terms. The Seller shall communicate such a change of the Terms at least 14 days before the new Terms become effective by publishing the new Terms on the Shop interface or via a message sent to the e-mail address of the Buyer. The Buyer is entitled to refuse these changes of the Terms by deleting his or her User Account. If he or she does not delete their account or does not request for their account to be deleted before the changes become effective, it is considered that they have accepted the changes of the Terms.
      2. The present Terms are governed by binding legal rules of the Czech Republic, in particular by Act 89/2012 Sb., Civil Code.
      3. Voidness or ineffectiveness of any of the provisions of the present Terms is without prejudice to the validity and effectiveness of the other provisions.
      4. A valid and effective version of the present Terms is always available at: minialarm.com/en/terms-and-conditions/
      5. The present version of the Terms is valid and effective from 1.5. 2019.
      6. The Seller can be contacted at their e-mail address: info@minialarm.com.