General Business Terms and Conditions

1. COMPANY CONTACT INFORMATION

Name: Abacus Electric, s.r.o.
Registered office: České Budějovice, Planá 2, 370 01
ID No.: 45022828
Recorded in the Commercial Register of České Budějovice Regional Court, Section C, Insert 1228
List of Business Premises: eshop.salente.com, Telephone: 387 001 460, e-mail: eshop@salente.com
(hereinafter referred to as the “seller”)

2. OPENING PROVISIONS

2.1 These General Business Terms and Conditions (hereinafter referred to as “GBTC”) specify the rights and obligations of purchasers as natural persons or legal entities (hereinafter referred to only as “purchasers”) in relation to or under a sales contract (hereinafter referred to only as “sales contract”) entered into remotely under Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to only as the “Civil Code”).

2.2 The purchaser is a consumer or an entrepreneur. A consumer is a person who enters into a contract outside of the scope of their business activities or the independent conduct of their profession (hereinafter referred to only as the “consumer”). An entrepreneur is a person who independently conducts a business on their own account and at their own risk with the purpose of gaining a profit (hereinafter referred to as the “entrepreneur”).

2.3 The warranty claim procedure for goods and services is specified by the Terms and Conditions of Warranty. The Terms and Conditions of Warranty constitute an integral part of a sales contract.

2.4 By placing a binding order, the purchaser confirms that they have made themselves familiar with the GBTC and the Terms and Conditions of Warranty.

3. PRECONTRACTUAL INFORMATION

3.1 By presenting goods on their website (eshop.salente.com), the seller invites its visitors to make an offer, whereas the seller is not obliged to enter into a sales contract for these goods. Section 1732 Article 2 of the Civil Code shall not apply.

3.2 A purchaser can make an offer by placing a binding order in the form of a completed order form. The purchaser will choose the goods and their quantity by putting them in their shopping cart, select a preferred payment and shipping method, and place the binding order. Before placing the binding order, the purchaser can change the goods as well as their chosen payment and shipping method.

3.3 The seller confirms to the purchaser the receipt of the binding order as soon as possible by sending a confirmation e-mail to the purchaser’s e-mail address.

3.4 A sales contract is entered into as soon as the acceptance of the binding order by the seller is received at the electronic inbox of the purchaser.

3.5 Under exceptional circumstances and only when objectively justified, the seller reserves the right to ask the purchaser for additional confirmation of the binding order. In such cases, the sales contract is entered into once the seller receives the additional confirmation.

4. PRICE FOR GOODS AND TERMS OF PAYMENT

4.1 Prices are indicated with and without VAT, and including all compulsory fees defined by the law. The goods shall be supplied at the price indicated in the current price list of the seller that is valid on the day when the order is placed. Shipping costs vary according to the selected shipping and payment method, and the shipping company.

4.2 The purchaser can pay the seller the price of the goods and potential shipping costs under the sales contract in the following ways:

  • On delivery (by cash or card to the representative of the shipping company/collection point)
  • Cashless with the GoPay service:
    • Payment card
    • Online bank transfer
    • GoPay wallet
    • Bitcoin virtual currency
    • Google Pay
    • Apple Pay (currently available only with the Safari browser)
  • Cashless money transfer to the seller’s bank account:

For payments in CZK:
Beneficiary: Abacus Electric, s.r.o.
Address of beneficiary: Planá č.p. 2, 370 01 Planá
Bank name: Komerční banka, a.s.
Bank address: Na Příkopě 33, 114 07 Prague 1
Account No.: 759740231/0100
SWIFT: KOMBCZPPXXX
IBAN: CZ1201000000000759740231

For payments in EUR:
Beneficary: Abacus Electric, s.r.o.
Address of beneficiary: Planá 2, 370 01 Planá, Czech Republic
Bank name: Komerční banka, a.s.
Bank address: Na Příkopě 33, 114 07 Prague 1
Account No.: 6093790247/0100 SWIFT: KOMBCZPPXXX
IBAN: CZ6401000000006093790247

For payments in USD :
Beneficary: Abacus Electric, s.r.o.
Address of beneficiary: Planá 2, 370 01 Planá, Czech Republic
Bank name: Komerční banka, a.s.
Bank address: Na Příkopě 33, 114 07 Prague 1
Account No.: 6086070217/0100
SWIFT: KOMBCZPPXXX
IBAN: CZ9601000000006086070217

5. DELIVERY TERMS

5.1 The seller undertakes to supply the goods to the purchaser as specified in the sales contract and transfer the ownership rights to them. The purchaser undertakes to take over the agreed goods and pay the purchase price.

5.2 The purchaser gains ownership rights to the goods once they pay the full purchase price.

5.3 The seller is entitled to require that the purchaser pays the whole purchase price before shipping the goods.

5.4 If the seller is to send the goods, goods are transferred to the purchaser (consumer) as soon as they are taken over from the representative of the shipping company. If the purchaser is an entrepreneur, the transfer occurs once the seller hands the goods over to the first shipping company, and the purchaser is authorised to exercise rights from the shipping contract vis-a-vis the shipping company.

5.5 Shipping is provided by the companies GLS (Czech Republic and abroad) or PPL (Czech Republic only). Shipping costs vary based on the time and method of ordering + the total value of the ordered goods.

5.6 The price of shipping by a shipping company is charged, and varies based on the country to which the delivery is made.

5.7 The purchaser is obliged to inspect the goods immediately upon their receipt from the seller or a representative of the shipping company. If goods are taken over from a representative of the shipping company, the purchaser is obliged to check the package’s integrity and proceed in accordance with the shipping company’s terms of business.

5.8 If, for reasons on the part of the purchaser, repeated delivery attempts have to be made, or done so in a manner contrary to the delivery method stated in the order, the purchaser is obliged to pay the associated costs.

6. CONTRACT TERMINATION BY THE CONSUMER

6.1 If the purchaser is a consumer, they have a right to terminate a contract entered into remotely (unless specified otherwise) within fourteen (14) days from receipt of the goods, without giving any reason.

6.2 The consumer also has the right to terminate the contract anytime before receiving the goods.

6.3 To do this, the consumer must send their contract termination notice to eshop@salente.com

within the above-specified periods.

6.4 Withdrawal from the contract terminates it in its entirety. Goods must be returned to the seller within fourteen (14) days from the termination of the contract.

6.5 If the Consumer withdraws from the contract, they are liable for covering the costs of returning the goods back to the seller, even if the nature of the goods does not allow them to be shipped by regular mail.

6.6 If the consumer terminates the contract, the seller will return the received money to them within fourteen (14) days from taking over the returned goods, using the same payment method as the purchaser or another method agreed upon by both parties. The consumer will cooperate with the seller to help the latter return the money.

6.7 If the seller offers several shipping methods for delivering goods, they are obliged to reimburse the cheapest of them to the consumer. The seller also has the right to return money received from the consumer at the same time as when returning the goods, or by some other method, provided the consumer agrees and no other costs arise to the consumer from this.

6.8 If the consumer withdraws from the sales contract, the seller is not obliged to return the money received from them before the consumer returns the goods, or proves that they have been sent.

6.9 The purchaser is liable for any depreciation of the goods caused by handling that violates the necessary precautions based on the nature and properties of said goods.

6.10 The seller has a right to unilaterally set off a claim for damage compensation against the purchaser’s claim for the return of the purchase price.

6.11 Until the purchaser takes over the goods, the seller has a right to terminate the contract at any time. In such case, the seller shall return the purchase price for the goods to the purchaser without undue delay in a cashless payment to a bank account specified by the purchaser.

6.12 If an entrepreneur fails to pay the purchase price on time, the seller is entitled to default interest amounting to 0.08% of the price for every day of delay. From the fifteenth day of the entrepreneur’s default, the seller is also entitled to a contractual penalty amounting to 0.1% of the price for every day of delay.

6.13 If the purchaser receives a gift together with the goods, the gift contract between the seller and the purchaser is concluded with a cancellation condition such that, if the purchaser withdraws from the sales contract, the gift contract is also forfeit and the purchaser is obliged to return the gift along with the goods.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1 The goods taken over by the purchaser must:

(i) have the properties agreed upon;
(ii) be delivered in the amount agreed upon;
(iii) meet the legal requirements for said type of goods;
(iv) meet the requirement for the quality or design agreed upon based on a model/sample, if a model/sample was used to defined the required quality or design.

7.2 If the goods fail to meet the stipulated requirements or suit the purpose declared by the seller, or the purpose such goods are commonly used for, the contract can be terminated by mutual agreement of both parties.

7.3 Any defect present in the goods when the risk of damage is passed to the purchaser gives the purchaser the right to exercise a warranty claim arising from defective performance, regardless of when the defect becomes evident. The risk of damage is transferred upon the takeover of goods. The same applies if the purchaser fails to take over the goods despite the seller’s effort.

7.4 The seller is liable for defects arising after the takeover of goods within the 24-month warranty period or the product lifetime as defined in an advertisement for the goods, on the package, or in the attached manual. If a defect arises within six months after takeover, it is assumed that the goods were faulty already upon takeover.

7.5 The warranty period is extended by the period of handling the warranty claim. Rights arising from the liability for defects in goods and which are valid within the warranty period, shall expire unless exercised within the warranty period.

7.6 Within this period, the purchaser may exercise their right to a warranty claim, and, for a defect that constitutes a substantial violation of the sales contract, choose: see Terms and Conditions of Warranty.

7.7 A violation of the sales contract is considered substantial if the seller knew, or was bound to know, that the other party would not enter into the sales contract had they already known about the defect when the contract was concluded.

7.8 The purchaser shall indicate to the seller which of their rights specified under 7.6 of the GBTC they are referring to when reporting the defect, or without unnecessary delay thereafter. They may not alter this choice without the seller’s agreement; this shall not apply if the defect that the purchaser chose to repair is found to be unrepairable. If the purchaser fails to specify the right they are referring to in time, they shall have the rights as defined by Article 2107 of the Civil Code.

7.9 If the seller fails to correct the defects within a reasonable period, or informs the purchaser they will not do so, the seller can instead demand a proportionate discount from the purchase price or withdraw from the sales contract. If the purchaser fails to specify the right their are referring to in time, they shall have the same rights as in case of an unjustified breach of the sales contract.

7.10 With defects that are not a substantial breach of the sales contract (regardless whether the defect is repairable or not), the purchaser has a right for the defect to be corrected or a proportionate discount from the purchase price. If the seller fails to correct the defect in time or refuses to do so, the purchaser can demand a proportionate discount from the purchase price or withdraw from the sales contract. The purchaser cannot alter the choice they have made without the seller’s agreement.

7.11 The seller is not liable for defects that arise due to normal wear and tear or failure to comply with the user manual.

7.12 The seller is not obliged to comply with the purchaser’s demands if they prove that the purchaser knew about the defect before takeover or caused it themselves.

7.13 The rights arising from defective performance are exercised by the purchaser in accordance with the Terms and Conditions of Warranty, available at eshop.salente.cz.

8. FINAL PROVISIONS

8.1 The purchaser may receive e-mails to the address specified in their user account or the order.

8.2 The parties agree that the acceptance of an offer with an amendment/alteration does not constitute the acceptance of the offer.

8.3 The purchaser thereby accepts the risk of changed circumstances under Article 1765, Section 2 of the Civil Code.

8.4 Personal data protection for purchasers as natural persons is governed by Act 101/2000 Coll., on Personal Data Protection, as amended.

8.5 The purchaser agrees to the processing of their personal data by the seller for the purposes of realising the rights and obligations arising from the sales contract, as well as for the purposes of managing their user account.

8.6 The purchaser undertakes to provide accurate personal data and confirms they have been instructed of the fact that such provision is done voluntarily. The purchaser is liable if the contact data provided by them are not accurate and current.

8.7 The purchaser has a right to unsubscribe to the seller’s newsletter at any time without having to bear any costs.

8.8 The purchaser agrees to the seller using electronic communication networks to store data and gain access to data stored in the purchaser’s terminal equipment and processing them for the purposes of relevant advertising. The purchaser has the right to refuse the processing of their data.

8.9 The seller is not bound by any codes of conduct specified by Article 1826 Section 1(e) of the Civil Code in relation to the purchaser.

8.10 The purchaser has a right to appeal to a statutory authority, i.e. the Czech Trade Inspection Authority, the relevant Trade Licensing Office, or, in matters of personal data protection, the Office for Personal Data Protection.

8.11 The Terms and Conditions of Warranty available at eshop.salente.cz constitute an integral part of these GBTC.

8.12 These GBTC enter into effect on 1 January, 2020.