Business Terms and Conditions

Content:

1. Basic Provisions
2. Information about Goods and Prices
3. Order and Conclusion of Purchase Agreement
4. Customer Account Payment Terms and Delivery of Goods
5. Withdrawal from Contract
6. Rights from Defective Performance
7. Delivery Out-of-Court
8. Dispute Resolution
9. Final Provisions

I. Basic Provisions

1. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

ELF Logistic s.r.o. Company ID: 24693294 Tax ID: CZ32693294 Registered Office: K Tuchoměřicům 139, 164 00 Prague-Přední Kopanina Registered with the Municipal Court in Prague, Section C, File No. 166605 Contact: +420 773 191 204 Email: objednavky@nanoprotech.cz Website (hereinafter referred to as the "Seller"): vo.nanoprotech.cz

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside their business activities as a consumer, or within their business activities (hereinafter referred to as the "Buyer") through the web interface located at the web address vo.nanoprotech.cz (hereinafter the "Online Store").

3. The provisions of these Terms and Conditions are an integral part of the purchase agreement. Any deviations in the purchase agreement shall prevail over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase agreement are concluded in the Czech language.

II. Information about Goods and Prices

1. Information about goods, including prices of individual goods and their main characteristics, is provided for each item in the catalog of the online store. Prices of goods include value-added tax, all related fees, and costs for returning goods, if the nature of the goods prevents their return by regular mail. Prices of goods remain valid as long as they are displayed in the online store. This provision does not exclude the conclusion of a purchase agreement under individually negotiated conditions.

2. All presentations of goods placed in the catalog of the online store are for informational purposes only, and the Seller is not obliged to conclude a purchase agreement for such goods.

3. The online store publishes information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods specified in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed upon by the Seller and the Buyer.

III. Order and Conclusion of Purchase Agreement

1. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of a purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.

2. The Buyer places an order for goods in the following ways:

through their customer account, if they have registered previously in the online store, by completing an order form without registration. 3. When placing an order, the Buyer selects the goods, quantity of goods, method of payment, and delivery.

4. Before submitting the order, the Buyer is allowed to check and change the information entered into the order. The Buyer submits the order to the Seller by clicking the "SUBMIT ORDER" button. The data entered in the order are considered correct by the Seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the Buyer that they have read these Terms and Conditions.

5. Immediately upon receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer during the ordering process. This confirmation is automatic and does not constitute acceptance of the contract. Attached to the confirmation are the current terms and conditions of the Seller. The purchase agreement is concluded only upon acceptance of the order by the Seller. Notification of acceptance of the order is sent to the Buyer's email address.

6. If any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send a modified offer to the Buyer's email address. The modified offer constitutes a new proposal for a purchase agreement, and the purchase agreement is concluded by acceptance of this offer by the Buyer to the Seller's email address as stated in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of acceptance of the order from the Seller. The Buyer may cancel the order by phone at the telephone number or email of the Seller stated in these Terms and Conditions.

8. In the event of an obvious technical error on the part of the Seller in stating the price of goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly erroneous price, even if the Buyer has received an automatic order confirmation under these Terms and Conditions. The Seller informs the Buyer of the error without undue delay and sends the Buyer a modified offer to their email address. The modified offer constitutes a new proposal for a purchase agreement, and the purchase agreement is concluded by acceptance of this offer by the Buyer to the Seller's email address.

IV. Customer Account

1. Based on registration performed by the Buyer in the online store, the Buyer may access their customer account. From their customer account, the Buyer can place orders for goods. The Buyer can also order goods without registration.

2. During registration for the customer account and when ordering goods, the Buyer is obliged to provide correctly and truthfully all data. The data provided in the user account must be updated by the Buyer in case of any changes. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4. The Buyer is not authorized to allow the use of their customer account by third parties.

5. The Seller may cancel the user account, especially if the Buyer does not use their user account for an extended period or if the Buyer violates their obligations under the purchase agreement and these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, especially considering the necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment by third parties.

V. Payment Terms and Delivery of Goods

1. The Buyer may pay the price of goods and any costs associated with the delivery of goods under the purchase agreement in the following ways:

by bank transfer to a bank account. Payment details will be sent to you by email within 1 business day after submitting the order. cash on delivery, or by card upon delivery of the goods, in cash or by payment card upon personal collection at the premises: ELF Logistic s.r.o. - NANOPROTECH K Tuchoměřicům 139, 164 00 Praha 6, CZEHIA

2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of goods.

3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase agreement.

4. The Seller does not require any advance payment or similar payment from the Buyer before sending the goods. Payment of the purchase price before sending the goods is not a deposit.

5. According to the law on recording sales, the Seller is obliged to issue an invoice to the Buyer. At the same time, the Seller is obliged to record the received revenue with the tax administrator online; in case of technical failure, within 48 hours.

6. The goods are delivered to the Buyer:

to the address specified by the Buyer in the order by personal collection at the Seller's premises 7. The choice of delivery method is made during the ordering of goods.

8. The costs of delivering goods depend on the method of dispatch and receipt of goods specified in the Buyer's order and in the order confirmation by the Seller. If the method of transportation is agreed based on a special request by the Buyer, the Buyer bears the risk and any additional costs associated with this method of transportation.

9. If, according to the purchase agreement, the Seller is obliged to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, due to reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods or the costs associated with another method of delivery.

10. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. If there is any damage to the packaging indicating unauthorized entry into the shipment, the Buyer is not obligated to accept the shipment from the carrier.

11. The Seller issues a tax document (invoice) to the Buyer. The tax document is attached to the delivered goods.

12. The Buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but not until the goods are received. However, the responsibility for accidental destruction, damage, or loss of the goods passes to the Buyer upon receipt of the goods or at the moment when the Buyer was supposed to take over

VI. Withdrawal from the Contract

1. The Buyer, who has entered into a purchase agreement outside of their business activities as a consumer, has the right to withdraw from the purchase agreement.

2. The withdrawal period from the contract is 14 days from:

the date of receipt of the goods, the date of receipt of the last delivery of goods, if the contract concerns several types of goods or delivery of several parts, the date of receipt of the first delivery of goods, if the contract concerns regular repeated delivery of goods.

3. To comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.

4. The Buyer may use the standard withdrawal form provided by the Seller for withdrawing from the contract. The Buyer shall send the withdrawal from the purchase agreement to the email or delivery address of the Seller provided in these terms and conditions. The Seller shall promptly confirm to the Buyer the receipt of the form.

5. The Buyer who withdraws from the contract is obliged to return the goods to the Seller within 14 days from the withdrawal from the 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.

6. If the Buyer withdraws from the contract, the Seller shall reimburse without undue delay, but no later than 14 days from the withdrawal from the contract, all payments received from the Buyer, including delivery costs, using the same means of payment. The Seller may withhold the reimbursement until receiving the returned goods or until the Buyer proves the goods have been sent back, whichever is earlier.

7. If the Buyer chose a delivery method other than the cheapest standard delivery offered by the Seller, the Seller shall reimburse the Buyer for the delivery costs in the amount corresponding to the cheapest standard delivery method offered.

8. If the Buyer withdraws from the purchase agreement, the Seller is not required to reimburse the payments received from the Buyer before the Buyer returns the goods or proves they have been sent back.

9. The Buyer must return the goods undamaged, unused, and uncontaminated, if possible, in their original packaging. The Seller is entitled to set off any claim for compensation of damage to the goods against the Buyer's claim for reimbursement of the purchase price.

10. The Seller is entitled to withdraw from the purchase agreement due to exhaustion of stock, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has ceased production or import. The Seller shall promptly notify the Buyer via the email address provided in the order and shall reimburse within 14 days from the notice of withdrawal from the purchase agreement all payments received under the contract, including delivery costs, using the same means of payment, or as agreed with the Buyer.

VII. Rights from Defective Performance

1. The Seller warrants to the Buyer that the goods are free from defects upon receipt. In particular, the Seller warrants to the Buyer that at the time the Buyer received the goods:

the goods have the qualities agreed upon by the parties, and if there are no agreements, they have qualities described by the Seller or manufacturer, or expected by the Buyer based on the nature of the goods and the advertising conducted by them, the goods are suitable for the purpose stated by the Seller for their use or for the purpose for which goods of this kind are commonly used, the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model, the goods are in the appropriate quantity, measure, or weight, and the goods comply with the requirements of legal regulations.

2. If a defect appears within six months from the receipt of the goods by the Buyer, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to exercise the right from defective performance for defects occurring in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by the normal use of the goods, or to used goods for a defect corresponding to the extent of their use or wear at the time of receipt by the Buyer, or if it results from the nature of the goods.

3. In case of a defect, the Buyer may submit a claim to the Seller and request:

exchange for new goods, repair of the goods, reasonable price reduction, or withdrawal from the contract.

4. The Buyer has the right to withdraw from the contract

if the goods have a significant defect, if the Buyer cannot properly use the item due to repeated occurrence of the defect or defects after repair, with a larger number of defects in the goods.

5. The Seller is obliged to accept the claim at any establishment where claim acceptance is possible, and also at the registered office or place of business. The Seller shall provide the Buyer with a written confirmation of when the Buyer exercised their rights, the content of the claim, the desired method of claim settlement by the Buyer, confirmation of the date and method of claim settlement, including confirmation of repair completion and its duration, or a written justification for rejecting the claim.

6. The Seller or an authorized employee shall decide on the claim immediately, or in complex cases, within three business days. This period shall not include the time reasonably required, depending on the nature of the product or service, for a professional assessment of the defect. The claim, including defect removal, must be settled promptly, no later than 30 days from the date of claim submission by the Buyer, unless the Seller agrees with the Buyer on a longer period. Failure to meet this deadline is considered a material breach of contract, and the Buyer has the right to withdraw from the purchase agreement. The moment of claim submission is considered the moment when the Buyer expresses their will (exercise of the right from defective performance) to the Seller.

7. The Seller shall inform the Buyer in writing about the result of the claim.

8. The Buyer is not entitled to rights from defective performance if the Buyer knew about the defect before accepting the item, or if the Buyer caused the defect themselves.

9. In the case of a justified claim, the Buyer has the right to reimbursement of the costs reasonably incurred in connection with the claim within one month after the warranty period has expired.

10. The Buyer chooses the method of claim settlement.

11. The rights and obligations of the parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.

12. Further rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's complaint procedure.

VIII. Delivery

1. The contracting parties may mutually deliver all written correspondence via email.

2. The Buyer shall deliver correspondence to the Seller to the email address specified in these terms and conditions. The Seller shall deliver correspondence to the Buyer to the email address provided in their customer account or in the order.

IX. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the purchase agreement.

2. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as a contact point pursuant 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 (Regulation on online consumer dispute resolution).

3. The Seller is authorized to sell goods based on their trade license. The relevant trade authority conducts trade inspections within its scope of authority. The Czech Trade Inspection Authority carries out supervision, among other things, to ensure compliance with Act No 634/1992 Coll., on consumer protection.

X. Final Provisions

1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase agreement includes an international element, the parties agree that the relationship shall be governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

2. The Seller is not bound by any codes of conduct in relation to the Buyer pursuant to Section 1826 (1) (e) of the Civil Code.

3. All rights to the Seller's websites, including copyrights to the content, layout of the site, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the websites or their parts without the Seller's consent.

4. The Seller is not liable for errors resulting from third-party interventions in the online store or from its misuse. The Buyer must not use procedures that could adversely affect the operation of the online store and must not engage in any activities that could enable unauthorized interference with or unauthorized use of the software or other components comprising the online store, or use the online store or its parts or software in a manner contrary to its purpose.

5. The Buyer assumes the risk of changes in circumstances pursuant to Section 1765 (2) of the Civil Code.

6. The purchase agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

7. The Seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.

8. A sample withdrawal form is attached to the terms and conditions.

These terms and conditions shall become effective as of 19 November 2018.

 

If you have any questions, please do not hesitate to contact us: ELF Logistic s.r.o., K Tuchoměřicům 139, 164 00 Prague-Přední Kopanina, objednavky@nanoprotech.cz, +420 773 191 204.