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General Terms and Conditions

I. Basic provisions

  1. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) correspond to § 1751 et seqq. act no. 89/2012 coll., Civil Code (hereinafter referred to as “Civil Code”)
    EVmate s.r.o., 
    ID No.: 17457661 
    TAX-ID No.: CZ17457661
    With registered office: Cílkova 865/11, 142 00 Praha 4, Czech Republic
    registered at the Municipal Court in Prague, section C, entry 101498
    Contact details:
    email: sales@evmate.eu
    www.evmate.eu
    (hereinafter only "seller")
  1. These Terms and Conditions regulate the mutual rights and obligations of the seller and the physical person who concludes a purchase contract as a consumer outside of his entrepreneurial activity or within the context of his entrepreneurial activity (hereinafter only: “customer”), by means of the order form on the website www.evmate.eu (hereinafter only: “online shop”).
  2. The provisions of these Terms and Conditions are an integral part of the sales contract. Deviating agreements in the purchase contract take precedence over the provisions of the Terms and Conditions.
  3. These terms and conditions and the purchase contract are concluded in the Czech, German or English language.

II. Goods and price information

  1. Information on the individual goods, including the listed price and the main properties of the individual goods, are listed in the catalogue of the online shop. The prices of the goods include VAT, all related fees and return costs, provided that they cannot be returned by normal mail due to the nature of the goods. The prices remain valid as long as they are being displayed in the online shop. This regulation does not exclude the agreement of a purchase price on individually agreed terms.
  2. Any presentation of the goods in the online shop catalogue is for information only and the seller is not obliged to conclude a purchase contract for these goods.
  3. Information on the costs associated with packaging and delivery of the goods is published in the online shop.
  4. Individual discounts on the purchase price cannot be combined with each other, unless otherwise agreed with the seller.

III. Order and conclusion of the purchase contract

  1. Costs incurred by the customer by the use of distance communication in the context of the conclusion of the purchase contract (costs for the internet connection, costs for telephone calls) are borne by the customer. These costs do not differ from the basic rates.
  2. The customer places the order by filling in the order form.
  3. When entering the order, the customer selects the goods, the quantity and the payment and delivery terms.
  4. Before submitting the order, the customer has the opportunity to check and to change the entered information. The order is transmitted by pressing the confirmation field. The seller considers the information given in the order as correct. The prerequisite for the validity of the order is the completion of the mandatory information in the order form and the confirmation by the customer that he has familiarized himself with these Terms and Conditions.
  5. Immediately after receiving the order, the seller sends a receipt of order confirmation to the email address the customer specified in the order. This confirmation is generated automatically and is not regarded as a conclusion of the contract. The seller`s valid Terms and Conditions are attached to this confirmation. The purchase contract is only concluded after the seller has accepted the order. The order acceptance confirmation is sent to the customer's email address.
  6. If the seller is unable to meet one of the requests of the order, he will send a modified offer to the customer`s email address. The changed offer is regarded as a new contract draft and, in this case, the purchase contract is concluded by the customer`s confirmation of acceptance of this offer, sent to the email address of the seller stated in these Terms and Conditions.
  7. All orders accepted by the seller are binding. The customer can cancel the order as long as the customer has not received the acceptance confirmation from the seller. The customer can cancel the order by phone or in writing, using the telephone number or email address given in these Terms and Conditions.
  8. If there is an obvious technical error on the part of the seller in form of a wrong price displayed in the internet shop or in the course of the order, the seller is not obliged to deliver the goods to the customer at this obviously incorrect price, even in the event that the customer has received an automatic receipt of order confirmation in accordance with these Terms and Conditions. The seller informs the customer about the error without undue delay and sends him a modified offer to his email address. The changed offer is regarded as a new contract draft and, in this case, the purchase contract is concluded by the customer`s confirmation of acceptance of this offer, sent to the email address of the seller stated in these Terms and Conditions.

 IV. Payment and delivery terms

  1. The customer can pay the price of the goods and any costs associated with the delivery of the goods in accordance with the purchase contract in the following ways:

o   cashless with a cash card

o   cashless by transfer to the seller's account using the GoPay payment portal.

o   cashless by transfer to the seller's bank account no. 123-10355080287 / 0100, managed by Komerční banka a.s. in Czech crowns, or by cashless transfer to the seller's bank account no. CZ4501000001231035100217, SWIFT code KOMBCPPXXX, managed by Komerční banka a.s. in Euro.


Together with the purchase price, the customer is obliged to pay the seller the costs associated with packaging and shipping of the goods and any customs fees in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the delivery costs.

  1. In the case of cash payment, the purchase price is due upon delivery of the goods. In the case of cashless payment, the purchase price is due within 10 days after conclusion of the purchase contract.
  2. In the case of payment via payment portal, the customer proceeds in accordance with the instructions of the respective provider of the electronic payment.
  3. In the case of cashless payment, the customer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
  4. The seller does not request a deposit or any other analogue payment from the seller. The reimbursement of the purchase price before the sending of the goods is not considered as a deposit.
  5. According to the income registration act (Zákon o evidenci tržeb), the seller is obliged to issue a receipt to the customer. At the same time, he is obliged to indicate the received income online to the tax administrator. In the event of technical problems, within 48 hours at the latest.
  6. The goods are delivered to the customer:

o   by parcel carrier to the address stated by the customer in the order

o   by personal pick-up at the seller's business premises

  1. The selection of the shipping method takes place during the ordering of the goods.
  2. The costs for the delivery of the goods in accordance with the shipping method are indicated in the customer's order and the seller's order confirmation. If the shipping method is agreed on the basis of a special request of the customer, the customer bears the risk and any additional costs associated with the respective shipping method.
  3. If, according to the purchase contract, the seller is obliged to deliver the goods to a location specified by the customer in the order, the customer is obliged to receive the goods upon delivery. If it is necessary to deliver the goods repeatedly due to reasons on the part of the customer or in a different way than specified in the order, the customer is obliged to pay the costs for the repeated delivery of the goods or the costs associated with a different delivery method.
  4. The customer is obliged to check the integrity of the packaging when receiving the goods from the carrier and to report any damages to the carrier immediately. In the event that the packaging is found to be damaged due to an unauthorized penetration of the shipment, the customer does not have to accept the shipment.
  5. The seller issues a tax receipt for the seller - an invoice. The tax receipt is sent to the customer's email address. At the same time, a tax receipt is enclosed with the goods delivered.
  6. The customer acquires ownership over the goods after reimbursement of the entire purchase price including transport costs, but at the earliest when he receives the goods. Responsibility for possible spoilage, damage or loss of the goods is transferred to the customer at the time the goods are accepted or at the moment the customer was obliged to accept the goods but did not do so in contradiction to the purchase contract.

V. Withdrawal from the contract

  1. The customer who has concluded the purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
  2. The deadline for withdrawal from the contract is 14  days
    • from the day of acceptance of the goods,
    • from the day of acceptance of the last delivery of goods, if the subject of the contract are several types of goods or the delivery of several parts
    • from the day of acceptance of the first delivery of goods, if the subject of the contract is a regular, repeated delivery of goods.
  3. Among other things, the customer cannot withdraw from the purchase contract:
    • if goods or services are delivered, which price depends on fluctuations in the financial markets and might change during the withdrawal period, regardless of the will of the seller
    • if goods are delivered that have been adjusted at the customer's request or fitted to his needs,
    • in further cases, as mentioned in § 1837 of the Civil Code.
    • In order to meet the deadline for withdrawal from the contract, the customer must submit a declaration of withdrawal from the contract within the withdrawal period.
    • The customer sends his withdrawal from the purchase contract to the e-mail address: sales@evmate.eu or to the postal address of the seller. The seller immediately confirms the acceptance of the withdrawal from the contract to the customer, or sends him information on the non-acceptance of the withdrawal due to legal reasons.
    • The customer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal.
    • If the customer withdraws from the contract, the seller refunds him without delay, but not later than 14 days after the withdrawal, the purchase price in the amount as he has received it from the customer, in an analogous manner as like he received the payment. The seller only refunds the customer in any different manner if the customer agrees and no additional costs arise.
  4. If the customer withdraws from the purchase contract, the seller is not obliged to return the funds received to the customer before the customer returns the goods.
  5. The customer must return the goods to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally offset the reimbursement for possible damage to the goods against the customer's claim for refund of the purchase price.
  6. The seller is entitled to withdraw from the purchase contract if the stock is sold out or the goods are unavailable, or if the manufacturer, importer or supplier of the goods has stopped his production or import of the goods. The seller informs the customer immediately via the email address given in the order and refunds him all funds within 14 days of notification of the withdrawal from the purchase contract, including the delivery costs received under the contractual agreements, in the same manner as he received it, or as agreed with the customer.

VI. Rights from defective performance

  1. The seller takes the responsibility for the goods to be free of defects upon acceptance by the customer. In particular, the seller is responsible that in the moment when the customer receives the goods:

o   the goods have the properties on which the contracting parties have agreed upon and, if there has been no agreement, they have the properties as described by the seller or manufacturer or as expected by the customer due to the nature of the goods and on the basis of their advertising,

o   the goods are suitable for the purpose which the seller specifies for their use or for which goods of this type are usually used,

o   the quality or design of the goods corresponds to the agreed sample or template, if the quality or design has been defined in accordance with the agreed sample or template,

o   the goods are present in the appropriate quantity, size or weight and

o   the goods meet the requirements of the legal regulations.

  1. In the case of consumables, the customer is entitled to raise damage claims within a period of twenty-four months from the date of acceptance of the goods. This provision does not apply to goods sold for a reduced price on the basis of a defect, in the case of wear and tear of the goods caused by their normal use, in the case used goods on defects that corresponds to the extent of the use or the wear and tear, which the goods already had during acceptance by the customer, or if it follows from the nature of the goods.
  2. If the buyer is a legal person, so-called B2B sale, the customer is entitled to raise defect claims within a period of twelve months from the date of acceptance of the goods.
  3. In the event of a defect, the buyer can submit a complaint to the seller and request the goods to be repaired.
  4. The buyer has the right to withdraw from the contract, if he complains about the same defect of a product 3x (malfunction or product defect, caused 3x by the same component, etc.),
  5. When making a complaint, the customer is obliged to send the completed complaint form to the following email address: evmate@vekobs.cz. The complaint form can be downloaded HERE or from www.evmate.eu
  6. The seller is obliged to accept the complaint at any business facility where a complaint can be raised, if necessary at the company headquarters or at the company's location. The seller is obliged to issue a written confirmation for the customer containing the date when the customer raised the complaint, the content of the complaint, and the date and method of processing the complaint, including a repair confirmation and information on the duration of the repair, or a written justification for rejecting the complaint.
  7. The seller or an authorized employee immediately decides how to handle the complaint, in complex cases within three working days. This time period does not include the time necessary for a professional assessment of the defect, in accordance to the type of product or service. The complaint including the repair of the defects must be dealt with immediately, at the latest within 30 days of the date of the complaint, unless seller and customer agree on a longer period. Failure to meet this deadline is regarded as a fundamental breach of the purchase contract and the buyer has the right to withdraw from the contract. The point in time at which the buyer expresses his will to the seller (exercise of the right from a defective performance) is regarded as the point in time at which the complaint is raised.
  8. The seller informs the customer in writing (by email) about the result of the complaint.
  9. The customer is not entitled to the right from defective performance if the customer knew, that the item was defective before acceptance of the item, or if the customer caused the defect himself.
  10. The rights and obligations of the contracting parties with regard to the rights from defective performance are based on § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the civil code and act no. 634/1992 coll., Consumer Protection Act.

VII. Delivery

  1. The contracting parties can send each other all written correspondence by means of email.
  2. The customer sends the correspondence to the seller`s email address given in these Terms and Conditions. The seller sends the correspondence to the buyer`s email address stated in his user account.

VIII. Out-of-court settlement of disputes

  1. The Czech Trade Inspectorate [Česká obchodní inspekce], with headquarters in Štěpánská 567/15, 120 00 Prague 2, ID no.: 000 20 869, Czech Republic, internet address: https://adr.coi.cz/cs is resonsible for the out-of-court settlement of consumer disputes on the basis of a purchase contract. The platform for resolving disputes on-line, which can be found at the internet address http://ec.europa.eu/consumers/odr, can be used in the event of disputes about the purchase contract between the seller and the customer.
  2. The European Consumer Center [Evropské spotřebitelské centrum Česká republika], with its registered office in Štěpánská 567/15, 120 00 Praha 2, Czech Republic, Internet address: https://evropskyspotrebitel.cz is the contact point according to Regulation (EU) 524/2013 of the European Parliament and of the Council from May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Consumer ADR Directive).
  3. The seller is entitled to sell the goods on the basis of his business license. Business audits are carried out by the competent trade office as part of its regular activities. The Czech Trade Inspectorate, among other things, oversees compliance with act no. 634/1992 coll., Consumer Protection Act.

IX. Final provisions

  1. All agreements between the seller and the customer adhere to the legal system of the Czech Republic. If the relationship established by the purchase contract contains an international element, the contracting parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights, which follow from the generally binding legal regulations.
  2. In his relationship with the customer, the seller is not bound by any code of conduct within the meaning of the regulations of § 1826(1)(e) of the Civil Code.
  3. All rights associated with the seller's website, in particular the copyrights to content, including the page layout, photos, films, graphics, brands, logos and other content and elements, belong to the seller. It is forbidden to copy, to change or to use the internet pages or parts of them in any other way than intended, without the consent of the seller.
  4. The seller is not liable for errors caused by third parties interfering with the online shop, or by its use contrary to its intended purpose. When using the online shop, the buyer must not apply any procedures that could impair its operation or carry out any activities that could enable him or any third parties to unjustifiably interfere with the software or other components that make up the online shop or to use the online shop or parts of it or any software components in a way that would be contrary to its intended designation or purpose.
  5. The customer hereby assumes the risk of a change in circumstances within the meaning of § 1765 (2) of the Civil Code.
  6. The purchase contract including the Terms and Conditions is archived in electronic form by the seller and is not accessible.
  7. The seller can change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the period of validity of the previous wording of the Terms and Conditions.

These conditions become effective on October 1st, 2022