TERMS & CONDITIONS ENLON s.r.o.
These terms and conditions apply for the purchase in the online store www.enlon.cz which is operated by ENLON s.r.o. Terms and conditions below further specify the rights and the obligations of the Seller and the Purchaser.
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Contact information
The Seller: ENLON s.r.o.
Residence: Na Lysinách 457, 147 00 Praha 4
ID no.: 62416383
VAT no.: CZ62416383
ENLON s.r.o., registered in the Commercial Register with the Municipal Court in Prague, Section C, Insert No. 32168
E-mail: eshop@enlon.cz
Postal Address: Na Lysinách 457, 147 00 Praha 4
Contact address: ENLON s.r.o., Přátelství 681, 104 00 Praha 10 -
Information
- Information about the Products and the prices stated by the Seller are binding except for the obvious errors. All the taxes (e.g. VAT) and charges are included in the prices, except the cost of delivery.
- For information about the accepted methods of payment click here. The Seller does not charge any fees depending on the payment method.
- Accepting the offer with an amendment or a deviation is not the acceptance of the offer.
- Confirmation of a content of a contract concluded in other than writing form, which contains any deviations from the actual content of a negotiated contract has no legal effect.
- The Purchaser cannot deviate from the offer of the Seller. If the Purchaser asks for a product which is not in the offer of the Seller in the order, or a product with a different characteristics, the agreement shall not be valid. Simultaneously, the Seller cannot provide other product than the one which has been ordered by the Purchaser. The only exception is if both of the Parties of the Contract agree on such deviation.
- Unsolicited takeover of a Product by the Purchaser does not mean the acceptance of the offer.
- All the images of the Products are illustrative only and do not necessarily correspond with the real appearance of the Products.
- Information about Cross-references and Primary applications of the Products are informative only, despite the fact that the Seller does maximum to provided correct information.
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Delivery
- The Seller shall deliver a complete Products according to the order to the Purchaser within 15 days from the order confirmation (The Seller cannot guarantee for any delay caused by the courier), this is not applicable if a different period is stated at the Product. If the Product availability is "on stock", the Seller shall dispatch the Product within three working days. The Purchaser is obligated to accept the Product and pay the purchase price.
- Upon receipt of the Products, the Purchaser must check that they conform to the order, paying attention in particular to the packaging. Any faults (such as, for example, tampering, damage to the packaging) must be specifically indicated directly on the courier’s transport document, and the User should refuse delivery. At the same time, the Purchaser must notify the Seller.
- If the Purchaser does not comply with the previous points and, therefore, accepts delivery of the Products even if the packaging is damaged or tampered with, the Purchaser shall forfeit the legal guaranty of conformity of the Products. The Purchaser is advised to get the products on receipt of checked as soon as possible.
- The Seller shall send all the documents related to the Products, especially purchase invoice and certificates to the Purchaser within two days from the receipt of the Products by the Purchaser.
- For a pricelist and shipping methods click here.
- In case that the Purchaser will not accept the Products within the agreed time period due to the violation of his obligation, he is obligated to pay a storage fee in amount 10 CZK for each day of delay, however, the maximum total amount is 300 CZK. The Seller is entitled to sell the Products elsewhere after 30 days of the delay. The storage cost and the price of a futile shipping of the Products due to lack of cooperation of the Purchaser shall pay the Purchaser.
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Right of Cancellation and withdrawal
- The Purchaser may cancel the contract within 14 days from receipt of the Products or the last part of the delivery, regardless the method of receipt of the Products or the method of payment. The 14 days period is intended to enable the Purchaser to get acquainted up to the reasonable extent with the nature, characteristics and functioning of the Product.
- The Purchaser is entitled to cancel the contract until delivery.
- A letter of withdrawal shall be sent by the Purchaser to the Seller within 14 day days from receipt of the Products. The Purchaser does not need to specify the reasons of the withdrawal. To facilitate communication between the Parties, it is necessary to state the date of purchase or contract number/purchase invoice, bank account number and the chosen method of returning the Products.
- The Seller is obligated to refund the amount of the price of the Products and the shipping price within 14 days from the withdrawal in the same way as the Seller has received the payment from the Purchaser. The Seller is only obligated to refund the price of shipping corresponding with the cheapest shipping method offered by the Seller. The Purchaser is obligated to return the purchased Products within 14 days from the withdrawal at the latest. The Products must be returned to the Seller (not cash on delivery) complete, preferably in the original packaging, must not show signs of use or any damage. All the costs of returning the Products lies with the Purchaser.
- In case the returned Products are damaged or have any signs of using, the Seller is entitled to claim a compensation from the Purchaser. The Seller is entitled to deduct the compensation from the refund amount of money to the Purchaser.
- Exceptions: The right of withdrawal does not apply to the contracts on the supply of a digital content, this does not apply if the digital content was provided on a tangible medium. The right does not apply to the contracts on providing services neither. Furthermore, the right does not apply for providing of the Products (incl. alcoholic beverages) which price depends on the fluctuations on the financial markets beyond the control of the Seller, for the contracts on the supply of the Products modified according to the instructions of the Purchaser, for the supply of the Products which are subject to a rapid deterioration, the Products that have been irreversibly mixed with other Products, or removed from a sealed package for hygienic reasons. These Products cannot be returned.
- Letter of Withdrawal is available here.
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Legal Guarantee of Conformity
Quality of the Product upon receipt
- If the delivered Product has shortcomings (e.g. does not have promised or reasonably expected attributes, is not complete, or does not meet legal or contractual requirements.) the Seller is responsible for that.
- The Purchaser may exploit the right from the shortcomings at the Seller no later than two years from the receipt of the Product. The Purchaser may ask for a free repair or a reasonable discount; if it is not disproportionate to the nature of the defect (particularly if it is not possible to repair the product without undue delay), the Purchaser may ask for delivery of a new Product or a part of the Product (if the defect affects only a part of the Product).
- In case that repair or exchange of the Product is not possible, the Purchaser may cancel the order and withdraw from the contract and require a refund of the paid purchase price.
- It is assumed that a defect existed when receiving the Product until six months from a receipt of the Products.
- The Seller is not obligated to comply the Purchaser’s claim, if he proves that the Purchaser had known about the defect before taking over the Product or the Purchaser caused the defect.
- In the matter of used Products offered in the online store the Seller is not liable for any defects caused by the previous usage. In case of Products offered for a reduced price, the Seller is not liable for any defects for which the price has been reduced. In these cases the Purchaser has only a right for a reasonable discount instead of a right for exchange of the Product.
Rights from defects
- The Seller shall be liable for defects which arise after the receipt of the Products within the 24-month warranty period.
- In the warranty period the Purchaser may exploit the right of complaint and in case of defect that means a fundamental breach of the contract (no matter if it is the defect is removable or non-removable) may request:
- free repair of the product;
- reasonable discount;
- delivery of a new Product without defects or delivery of missing parts;
- refund the purchase price (withdrawal from the contract).
- A fundamental breach of a contract is such a breach which has been known or should have been known to the violating Party before concluding the contract and for which the other Party of the contract would not conclude the contract if the Party had known about the breach before concluding the contract.
- The Purchaser may ask for a free repair or a reasonable discount in case of defect that does not mean a fundamental breach of a contract (no matter if it is a defect is removable or non-removable).
- If a removable defect repeatedly occurs after it has been repaired (third complaint of the same defect or fourth complaint of a different defect) or the Product has numerous defects (at least three defects at the same time), the Purchaser may ask for a discount, exchange of the Product or may withdraw from the contract.
- The Seller is not liable for any defects which arise from a normal depreciation or failure to follow instructions for use.
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Handling Complaints
- The Purchaser is obligated to exploit the right for complaint at the Seller or at a person earmarked for a repair without undue delay since the identification of the shortcomings. The Purchaser shall do so in writing or electronically, it is necessary to provide contact information, description of the defect and required solution.
- Sample of a Letter of Complaint is available here.
- The Purchaser shall inform the Seller about the preferred solution of the complaint without undue delay. The Purchaser may only change the chosen preferred solution without a consent of the Seller in case of asking for a repair which will turn out to be impossible.
- If the Purchaser does not select his right from a fundamental breach in time, he has the same rights as in case of a minor breach of a contract.
- The Purchaser must prove the purchase of the Products (copy of the purchase invoice). The time period for handling a complaint runs from a delivery of the Product to the Seller or to the place earmarked for repairs. The Product should be packed in a suitable packaging to avoid any possible damages when transporting, it should be clean and complete.
- The Seller shall immediately, no later than within three working days, decide about the complaint, or decide that making a decision about the complaint requires an expert assessment. The Seller shall inform the Purchaser that an expert assessment is needed within three working days. The Seller will handle the complaint without undue delay no later than 30 days from the application of the complaint. It is possible to prolong this period only with the Purchaser’s consent in writing. The Purchaser has the same rights as in case of a fundamental breach of contract after expiration of that time period.
- If the Seller refuses to remedy the defect, the Purchaser may request a reasonable discount from the price or withdraw from the contract.
- The warranty period extents for the time until the complaint is handled or until the time when the Purchaser is obligated to pick up the Product. In case of exchange of the Product or a part of the Product, the Seller shall be liable the same as in case of purchasing a new Product.
- If it is not possible to check the status of a settlement of the complaint online, the Seller shall inform the Purchaser about to the status of the settlement via e-mail.
- In case of a justified complaint the Seller shall refund the reasonable costs related to the complaint.
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Privacy Policy
- The Purchaser agrees that personal data provided to the Seller are processed and stored in accordance with the Czech Act no. 101/2000 Coll., on Personal Data Protection, in order to fulfill the contract. The Purchaser has a right to be informed what information about him are stored by the Seller. Moreover, the Purchaser has a right to change these information or to pronounce in writing that he does not agree with storage of the information. Control over the protection of the personal data has the Agency for Personal Data Protection in the Czech Republic.
- The Purchaser may notify the Seller that no longer wishes to receive the commercial messages via e-mail address provided to the Seller in order to fufill the contract.
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Disputes solving
- Any disputes between the Seller and the Purchaser are subject to the Czech courts.
- A consumer has also a right for an alternative dispute resolution of a consumer dispute of a purchase contract according to the Czech Act no. 634/1992 Coll., On Consumer Protection. The institution which is authorized to deal with the alternative dispute resolutions is the Czech Trade Inspection. More information available on the website www.coi.cz .
- Alternative dispute resolution is launched solely on a consumer proposal, and only if the dispute has not been resolved with the Seller directly. The proposal may be applied within 1 year from the date of which the consumer has exploited his right, which is the subject of the dispute, at the Seller for the first time.
- The consumer has also a right for the alternative dispute resolution online via the ODR platform available on the website ec.europa.eu/consumers/odr/ .
- The Purchaser may also ask for an advice in the matter of consumer’s rights at dTest Association via www.dtest.cz/poradna or via telephone +420 299 149 009.
- The Seller is obligated to primarily try to solve the disputes directly with the Purchaser or via the alternative dispute resolutions if the Purchaser does not refuse such a settlement.
- Inspection over the compliance of the obligations according to the Act no. 634/1992 Coll., On Consumer Protection, is performed by the Czech Trade Inspection (www.coi.cz).
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Final Provision
For the purposes of these Terms & Conditions it is concluded that:
- The Purchaser is a consumer as a natural person acting for purposes unrelated to trade, business, craft and professional activities.
- The Seller is an entrepreneur acting for purposes related to trade, business, craft and professional activities.
- All the information provided by the Seller in the matter of the offered Products are provided with the best conscience of the Seller, however, these information are only experience and knowledge provided by the producer of the products or by the supplier. Therefore, the Seller does not guarantee the correctness of the information.
- Any other aspects of the contract are ruled by the Act no. 89/2012 Coll., Czech Civil Code, by the Act no. 634/1992 Coll., On Consumer Protection and other legal acts related to the legal relations.
- Contracts and all the legal attributes are ruled by the Czech law.
- Any changes in the contractual terms and conditions, other than mutually agreed in writing, are not valid..
These Terms & Conditions are effective from 1st of March 2017.