Terms of Services
I. Basic Provisions
The following Terms and Conditions (Business Terms and Conditions) regulate the relationships of parties to a purchase / licence agreement entered into by and between Evaton s.r.o. , Co. Reg. No. 26078007, VAT Reg. No. CZ26078007, V Stráni 415/3 150 00 Praha 5, registered in the Commercial Register with the Municipal Court in Prague, File No. C 202515 as the seller on the one part (Evaton) and the purchaser on the other part (purchaser).
Detailed information about Evaton s.r.o. is available at www.fanoutdoor.com, section"about us".
Purchaser is a consumer or an entrepreneur.
Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with Evaton.
Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts / agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. If completing their registration number in the order, the purchasers acknowledge that they are bound by the rules stipulated in the Business Terms and Conditions for entrepreneurs.
By placing the order, the purchaser confirms that it has become familiar with these General Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part II hereof, as well as with the Delivery Information constituting an integral part hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.
The purchaser acknowledges that it is not entitled to use the registered trademarks, trade names, company logos, etc. of Evaton by virtue of having purchased the products offered by Evaton, unless agreed otherwise under a specific agreement with reference to individual cases.
When accepting the goods, the purchaser is issued an invoice including the basic details of the agreement.
II. Pre-Contractual Representations and Warranties
Evaton represents and warrants that:
The cost of distance communication is subject to no additional fees
The purchaser is required to pay the purchase price before accepting the goods from Evaton or make an advance or similar payment for specific services if the same are offered by Evaton and requested by the purchaser.
Evaton enters into no ongoing contracts. If such contracts are facilitated by Evaton, the purchaser receives information about the shortest binding term of such contract from the provider in question, along with the price (or method of its determination) charged in one billing period (being at all times one month if such price is constant).
Unless stipulated otherwise, the licence fee stipulated in a licence agreement entered into for an indefinite period is agreed for the entire licence term.
The prices for goods displayed on the website www.lezec-shop.cz are quoted incl. and excl. VAT, with all statutory fees (if any). Shipping costs, however, vary with reference to the selected shipping method, carrier and payment method.
Purchasers-consumers are entitled to withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
i. receiving the goods (purchase agreements);
ii. receiving the last delivery (agreements for the purchase of several types of goods / delivery of several parts); or
iii. receiving the first delivery (ongoing contracts);
and do so in writing either by sending the notice of withdrawal to the Evaton or completing the form available on www.lezec-shop.cz.
The costs incurred in association with returning the goods (withdrawn agreements) / costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the consumer.
The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.
The agreements (respective invoices) are saved in the electronic archive accessible by the registered Evaton users directly from their user account.
Any complaints can be made by completing the contact form or reported to the supervisory / state supervision authorities.
The purchaser acknowledges for the purposes of claiming the guarantee, the goods should be delivered to Czech Republic by the purchaser.
The purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by Evaton and in particular by adding the requested product to the cart or using the “Buy Now” service (registered users only). The purchaser may as well enter into the agreement with the assistance of Evaton customer service representatives, either by telephone or by email. The purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. The purchase agreement is entered into upon the moment the purchaser (having selected the shipping and payment method) submits the order and the order in question is received by Evaton whereby Evaton assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The purchaser is informed about the executed agreement in a confirmation email letter sent by Evaton to the email address provided by the purchaser.
The confirmation email letter is sent along with the Evaton General Business Terms and Conditions and Claims Code in force attached thereto. Unless stated in the General Business Terms and Conditions otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.
The executed agreement is archived by the seller for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described in these General Business Terms and Conditions.
Under the purchase agreement, Evaton undertakes to deliver the product to the purchaser, provide the digital content/licence to the purchaser and enable the purchaser to acquire the title/licence to the product/digital content purchased under the purchase agreement; the purchaser undertakes to receive the product/digital content from and pay the purchase price to Evaton.
As Evaton reserves the right of ownership to the product, the purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licences or services.
Evaton delivers the product to the purchaser along with relevant documents pertaining thereto and enables the purchaser to acquire the title to the product/licence in compliance with the agreement.
Evaton meets its obligation to deliver the product to the purchaser by enabling the purchaser to view and try the product at the place of performance and informing the purchaser thereabout in due course.
Products to be shipped by Evaton are delivered to the purchaser (entrepreneur) by submitting the product to the first shipping company and enabling the purchaser to claim the rights implied by the shipping agreement with the shipping company. Products designated for purchasers-consumers are delivered by Evaton to the purchasers-consumers only after Evaton receives the product in question from the shipping company.
If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of items delivered; unless the purchaser rejects such items without undue delay.
Evaton delivers the purchased product to the purchaser in the agreed amount, quality and design.
If not agreed otherwise, the product is packed by Evaton by convention; if no convention exists, the product in question is packed as to provide for its protection and preservation. The same applies also to goods to be shipped.
3. Risk of Damage
The product is defective if lacking the agreed characteristics. The product is deemed defective also in cases where the purchaser is delivered other than the ordered product or where the documents necessary for the use of the product in question contain defects.
The purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the purchaser although the defect in question becomes evident only later. The purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of Evaton’s obligation.
The purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the purchaser.
The risk of damage passes to the purchaser upon accepting the product in question; the same applies also to cases where the purchaser rejects to accept the goods although having been enabled by Evaton to view and try the product.
Damage to the product occurring after the risk of damage has passed to the purchaser does not affect the purchaser’s obligation to pay the purchase price unless the damage occurred as result of a breach of Evaton’s obligation.
If one party is delayed in accepting the product, the other party is entitled to reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.
4. Liability (Evaton)
Evaton is liable to the purchaser that the product is free from defects upon receipt. In particular, Evaton is liable to the purchaser that, at the moment the product is received by the purchaser:
The product has the characteristics agreed by the parties or (if no agreement is reached) the characteristics described by Evaton or the manufacturer or expected by the purchaser with reference to the nature of the goods and related advertisement.
The product can be used for the purposes stated by Evaton or for the purposes for which the product of that kind is usually used.
The product is provided in the corresponding quantity, measurement or weight.
The product complies with the requirements stipulated by law.
If the product becomes defective within six months after receipt, the product is deemed being defective already upon receipt.
Unless stipulated otherwise, the purchaser is entitled to claim defective consumer goods within 24 month after receipt. This does not apply to:
usual wear and tear;
defects caused by ordinary use or wear and tear and evident at the moment of receipt by the purchaser; or
cases implied by the nature of the case.
The purchaser is entitled to claim defective consumables (food, etc.) within twenty-four (24) months. If, however, a best before date is indicated on the product in question, this period is shortened and terminates on the date indicated on the packaging.
The individual periods are stipulated in more detail in the Claims Code.
Purchasers-entrepreneurs may be subject to a different and prevailing period for claiming improper performance, however, only if such different period is explicitly stated on the goods in question. Such goods are then labelled as followe:
Improper performance cannot be claimed if the purchaser was aware about the defect before accepting the product or if the defect in question was caused by the purchaser.
In the event of a defect to be addressed by Evaton and occurring on a discounted/used product, the purchaser is entitled to a reasonable discount rather than to replacement.
5. Material Breach
If improper performance constitutes a material breach of the agreement, the purchaser is entitled to:
have the defect removed by way of being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the purchaser can only claim that the component part in question be replaced; if such is not feasible, the purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the purchaser is entitled to have the defect removed for free;
have the defect removed by way of repair;
be given a reasonable discount on the purchase price; or
withdraw from the agreement.
When claiming the defect in question, the purchaser informs Evaton as to which of the aforementioned options the purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by Evaton; with the exception of a defect requested by the purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by Evaton within a reasonable period or if the purchaser is informed by Evaton that the defects in question will not be removed, the purchaser may claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.
If the purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.
In addition to cases where Evaton cannot deliver a new defect-free product, replace the component part or repair the product, purchasers-consumers are entitled to a reasonable discount also in cases where Evaton fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the purchaser.
6. Immaterial Breach
If improper performance constitutes other than material breach, the purchaser is entitled to have the defect removed or to be given a reasonable discount on the purchase price.
Unless the purchaser claims the discount on the purchase price or withdraws from the agreement, Evaton may deliver the missing parts or remove the legal defect. Other defects can be removed at Evaton’s discretion either by way of repair or delivery of a new product.
If Evaton fails to remove the defect in due course or refuses to remove the defect, the purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by Evaton.
7. General Breach
The purchaser may claim to have the defect removed by way of being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the purchaser is entitled to withdraw from the agreement.
If being delivered a new product, the purchaser returns the original product back to Evaton (along with all accessories delivered together with the product itself) and does so at Evaton’s cost.
Purchasers failing to report the defect without undue delay after the defect could have been ascertained by the purchaser had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been ascertained by the purchaser had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the purchaser.
8. Quality Guarantee
In providing the quality guarantee, Evaton undertakes that the product in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the guarantee period or best before date indicated on the packaging or advertised. The guarantee may as well be arranged with reference to individual component parts of a product.
The guarantee period commences on the day the product is delivered to the purchaser. If the product is to be shipped to the purchaser as agreed in the agreement, the guarantee period commences only on the day the product is shipped to the designated place. If the purchased product is to be put into operation by a party other than Evaton, the guarantee period commences only on the day the product is put into operation, provided that the respective service of putting the product into operation is ordered by the purchaser no later than within three weeks after the product is received and that necessary assistance and co-operation of the purchaser to render this service are provided.
The purchaser is not entitled to claim guarantee with reference to a defect caused by outer circumstances after the risk of damage has passed to the purchaser.
Consumers are entitled to withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:
receiving the goods (purchase agreements);
receiving the last delivery (agreements for the purchase of several types of goods / delivery of several parts); or
receiving the first delivery (ongoing contracts).
Consumers may withdraw from the agreement also by sending a notice of withdrawal to:
252 07 Štěchovice
If withdrawing from the agreement, the consumer is to return to Evaton the goods delivered by Evaton and do so at consumer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.
The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the purchaser. Any fuel tanks returned as part of the returned goods must be returned empty.
Agreements for the purchase of consumables (cosmetics, drugstore items, etc.) may be withdrawn only if the consumables in question are returned by the purchaser undamaged, unused and in the original packaging.
Consumers deciding to withdraw from the agreement in the given period are recommended by Evaton to send the goods to Evaton ’s address along with a cover letter incl. the reason for withdrawal (not necessary), number of purchase document and number of bank account so that the case can be addressed without delay.
Consumers are liable to Evaton for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.
Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Evaton without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.
Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to Evaton or after the consumers prove that the goods have been sent to Evaton.
Consumers acknowledge that if the goods are delivered along with any gifts, Evaton and the purchaser enter into a contract of donation on the condition that such contract of donation terminates as soon as the consumer enjoys its right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, Evaton is entitled to claim monetary compensation in the amount of ordinary price.
If the product in question cannot be returned in the condition originally received by the purchaser, the agreement cannot be withdrawn or delivery of a new product claimed. This does not apply to cases where:
The condition changed due to the inspection of the product for defects.
The product was used by the purchaser before the product was found defective.
The product cannot be returned in the original condition for reasons other than beyond control (wilful act or neglect) of the purchaser. OR
The product was sold by the purchaser before the product was found defective, consumed by the purchaser or altered by the purchaser in ordinary use. If only a part of the product was used, consumed or altered, the purchaser returns to Evaton everything that can be returned and compensates Evaton up to the amount of benefit received from using the product.
Purchasers failing to report the defect in due course are not entitled to withdraw from the agreement.
V. Personal Data Protection and Security
The seller represents and warrants that all personal data are confidential and such will be used only for the performance of the agreement entered into with the purchaser and for the marketing purposes of the seller (incl. marketing activities performed together with the contractual partners of the seller). The personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered goods (name, account number, shipping address) or for special marketing purposes.
Customers making a claim with Evaton are required to provide their full name, address, telephone number and signature (digital signature) whereby such disclosed personal data are processed exclusively for the purposes of handling the claim and in compliance with law.
Purchasers are entitled to access and edit their personal data, request explanation and removal of mistakes as well as exercise other rights pertaining thereto.
VI. Business Hours
Orders placed in the www.lezec-shop.cz are accepted 24 hours a day, seven days a week.
In the event of an information systems failure or force majeure, Evaton assumes no liability for non-observance of the stipulated business hours.
The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the purchaser).
Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.
The original price means the price for the goods in question were originally offered by Evaton excl. any bonuses, promotions, special offers and other discounts offered in the www.lezec-shop.cz.
The purchaser acknowledges that Evaton and the purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the purchaser for a price mistakenly quoted on the website due to the internal Evaton system error of which the purchaser is informed by Evaton.
Evaton reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the purchaser is informed by Evaton. The purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.
The price is stated on the order and in the text message confirming that the order has been placed. Orders can be placed as follows:
a. in the www.lezec-shop.cz; or
b. by email sent to firstname.lastname@example.org.
Telephone orders can be placed from 08:00 AM to 16:00 PM (UTC+01:00), Monday to Friday
Evaton recommends placing the orders in the e-shop by logging into the purchaser’s user account registered with Evaton. If using public access, Evaton further recommends logging out after placing the order.
Information about the exact shipping time is included in the email letter sent to the purchaser. The shipping period and fees depend on the option selected by the purchaser in the second step of placing the order.
Evaton accepts the following for methods of payment
online card payment (MasterCard/Visa);
Cash on delivery (Czech republic, Slovakia, Germany, Poland, Hungary and Romania)
Cash (personál collesction).
Unless paid in full and received, the goods remain the property of Evaton. The risk of damage passes to the purchaser upon receipt.
Once the order is placed, the billing details of the purchaser cannot be edited.
Evaton delivers the goods either in co-operation with a shipping company or electronically (digital content).
In case of force majeure, Evaton assumes no liability for late delivery of goods.
Information about the offered options, up-to-date terms and conditions and prices is available at www.lezec-shop.cz.
Delivery of goods is limited by public holidays in the place of delivery and the Czech Republic.
Goods purchased with a 0% VAT rate by purchasers-legal entities being VAT payers at the moment of purchase will be delivered only to the governing body of the legal entity in question or to the person authorised in the submitted authenticated power of attorney. Goods purchased with a 0% VAT rate by purchasers-freelancers being VAT payers at the moment of purchase will be delivered to the purchaser-freelancer in question only against a valid ID document (ID card or passport).
Goods purchased by purchasers being VAT payers at the moment of purchase and invoiced with a 0% VAT rate will be obligatorily delivered to the central office or business premises registered in the Commercial Register, Register of Trade or a similar register.
When receiving the goods from the shipping company, the purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the purchaser is to describe the damage in the delivery note of the shipping company.
Incomplete or damaged deliveries must be immediately reported by email to email@example.com and the damage be described in the report on damage executed with the shipping company representatives and sent to Evaton by email or post without undue delay. Any subsequent claims of incomplete delivery or damaged packaging do not limit the purchaser’s right to claim the guarantee; yet, they enable Evaton to prove that the same do not represent a conflict with the purchase agreement.
The guarantee terms and conditions are governed by the Evaton Claims Code and relevant law. In general, the certificate of guarantee is replaced by the purchase document (cf Claims Code).
XII. Final Provisions
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The agreement is entered into in the English language. If the agreement is required to be translated for the purchaser into another language, the English version prevails in case of discrepancies between the two language versions.