These General Business Terms and Conditions shall apply to online purchases at www.battery-import.eu The Terms and Conditions shall define the Seller’s and Buyer’s rights and obligations in more detail.
Name: Efteria, spol. s.r.o.
Registered seat: Jaromírova 146/59, 128 00 Praha 2 - Nusle
Country: Czech Republic
Company Reg. No.: 26763028
Registered in the Companies Register kept by the Municipal Court in Prague, Section C, Insert 92052
Phone: (+420) 222 560 338
List of business premises:
Efteria, spol. s r.o., Jaromírova 146/59, 128 00 Praha 2
Efteria, spol. s r.o., K Rybníku 378, 252 42 Jesenice u Prahy
Efteria, spol. s r.o., Pražákova 36a/661, 619 00 Brno – Horní Heršpice
Business hours: Mon - Fri 8:30 AM - 6:00 PM
The Seller undertakes to respond to either written or electronic correspondence from the Buyer without delay, not later than within two working days.
Information on goods and prices stated by the Seller are binding except for obvious mistakes. Prices are presented including all taxes (e.g. VAT) and fees, apart from shipping costs.
Accepted methods of payments:
Bank transfer - advance payment
EUR bank account: Tatra banka, IBAN: SK79 1100 0000 0029 4302 2829, SWIFT: TATRSKBX
Collect on delivery – upon delivery (DSV/DHL)
No matter which method of payment is selected, the Seller shall not require any fees.
Accepting an offer including an amendment or deviation shall not mean accepting the offer.
Any confirmed content of the contract made in any other than written form showing deviations from the really agreed content of the contract shall not have any legal effects.
Accepting any unwanted performance by the Buyer shall not mean acceptance of the offer.
Images on the website of the shop shall correspond to the goods being sold.
Definition of Terms
Buyer, for the purposes hereof, means a consumer who, contrary to the Seller, is an individual not acting in the course of business or in a separate profession when entering into and performing the contract.
Consumer is any individual who, not in the course of business or in a separate profession, enters into a contract with a businessman or deals with him otherwise.
Businessman is any person who enters into contracts related to its own business, production or similar activities or its profession, possibly a person acting in the name or on behalf of a businessman.
Seller, for the purposes hereof, means a businessman who, contrary to the Buyer, acts in the course of business or in a separate profession when entering into and performing the contract.
The Seller shall deliver complete goods to the Consumer not later than within 15 days of the date of confirmation of the order unless it specifies a different time of delivery for particular goods. If it is stated that the goods are "in stock", the Seller shall ship the goods not later than within two working days. The Buyer shall be obligated to accept the goods and pay for it. The Buyer is recommended to check the goods as soon as possible after receiving them.
The Seller shall send any documents on the goods, tax documents, letters of confirmation and certificates in particular, to the Buyer right after the acceptance of the goods, not later than within two days of the date of acceptance of the goods by the Consumer.
If the Buyer requests it, the Seller shall confirm in writing in what scope and how long the Seller’s duties from the defective performance shall continue and how the Buyer may assert the rights from them.
If the Seller fails to keep the time limit of delivery or shipment of the goods, it shall deliver the goods to the Consumer for free and it shall give him/her a discount off the purchase price in the amount of 5 %. Other Buyer’s claims shall not be affected by this.
If the Buyer fails to pick up the goods within the agreed period of time as a result of the breach of his/her obligation, he/she shall be obligated to pay the Seller a fee for storage per every day of default in the amount of CZK 10, however, no more than CZK 300. The Seller shall have the right to sell the goods in an appropriate way after he has provably notified the Buyer by e-mail and provided him/her with a new reasonable period of time to pick up the goods. The Seller shall have the right to require the costs on storage and costs on ineffective delivery of the goods for the lack of cooperation on the Buyer’s part in the essentially necessary amount from the Buyer for the sales proceeds.
Rules for returning goods and money
Cancellation of Order and Withdrawal from the Contract
The Consumer may withdraw from the contract within 21 days of the date of taking the goods or the last part of the delivery regardless of the method of acceptance of the goods or payment method. The stated time limit shall be designated so that the Buyer may become reasonably familiar with the nature, properties and functionality of the goods.
The Consumer shall have the right to withdraw from the contract anytime before goods delivery, too.
The Consumer shall send or hand over the notice of withdrawal from the contract to the Seller within a time limit of 21 days. The Consumer shall have no obligation to give any reason for the withdrawal. In order to facilitate the communication, it is suitable to state the date of purchase or the number of the contract/sales document, bank details and selected method of goods return in the notice of withdrawal.
The Seller shall be obligated to return to the Consumer the sum fully corresponding to the price for the goods and paid shipping costs within 14 days of the date of withdrawal from the contract in the same way it has received the payment from the Buyer. If the Seller offers several possibilities within a certain method of goods delivery, it shall be obligated to pay the cheapest one to the Buyer. The Buyer shall be obligated to send or hand over the purchased goods to the Seller not later than within the same time limit. The goods should be returned to the Seller (not collect on delivery) complete, best in the original packing, it must not show any signs of wear and tear or damage. The Buyer shall bear the costs on goods return.
If the returned goods are damaged as a result of a breach of the Buyer’s obligations, the Seller shall have the right to assert a claim for indemnification against the Buyer by lowering the value of the goods and applying it to the returned sum.
Exceptions: The right to withdraw from the contract may not be asserted for contracts on delivery of digital content unless delivered on a physical carrier or for contracts to provide services, in both cases under the condition that they have been fulfilled with the prior explicit consent of the Buyer prior to the expiry of the time limit to withdraw from the contract; further for contracts to deliver services or goods (including alcoholic drinks) whose prices depend on the deflections on the financial market independent of the Seller’s will; for contracts to deliver customized goods and for contracts on perishable goods, goods that have been irretrievably mixed with other goods or taken out of the closed packing and they cannot be returned for hygienic reasons; for deliveries of sound or image recordings or computer programmes if the Buyer has damaged the original packing; for deliveries of newspapers, magazines and other periodicals; for contracts on accommodation, transport, catering or use of leisure time provided in the defined period of time or for contracts made under the public auction under the act regulating public auctions.
A sample withdrawal from the contract is available here.
Rights and Obligations from Defective Performance
Quality on acceptance
If the accepted goods have any deficiencies (e.g. they do not have the agreed or justifiably expected properties, are not suitable for the common or agreed purpose, are not complete, their volume, size, weight are not appropriate or their quality does not correspond to other legal, contractual or pre-contractual parameters), these are always defects of goods for which the Seller is liable.
Following his/her requirement, the Buyer may assert at the Seller’s a claim to have defects removed free of charge or to a reasonable discount off the price not later than within two years of the date of acceptance of the goods; unless it is proportional to the nature of the defect (especially if the defect cannot be removed without undue delay), it is possible to assert the requirement to deliver a new thing without defects or a new part without any defect if the defect relates to that part only.
If it is not possible to repair or replace the goods, the Buyer may require returning the purchase price in full based on the withdrawal from the contract.
Within a period of six months of the acceptance of the goods it is supposed that the defect of the goods has already existed on the acceptance of the goods.
The Seller shall not be obligated to satisfy the Buyer’s claim if it proves that the Buyer has known of the defect of the goods already before accepting them or he/she has caused it by him/herself.
The Seller shall not by liable for defects corresponding to the previous use or wear and tear for the used goods being sold. For things sold for a lower price, the Seller shall not be liable for defects for which the lower price has been agreed. In such cases, the Buyer shall have the right to a reasonable discount instead of the right to replacement.
Statutory Rights from Defects
The Seller shall be liable for defects occurred after the acceptance of the goods during the 24-month warranty period or during the time of usability stated in the commercial, on the packing of the goods or in the attached manual.
During this time limit, the Buyer may assert a complaint for defects that mean a material breach of the contract (regardless if it is a removable or irremovable defect) and under his/her choice to require:
• removing the defect by delivering a new thing without a defect or delivering the missing thing;
• repairing the defect free of charge;
• a reasonable discount off the purchase price; or
• returning the purchase price on the basis of the withdrawal from the contract.
Material shall be such a breach of the contract of which the party breaching the contract has known already at the time of entering into the contract or had to know that the other party would not enter into the contract if such a breach had been foreseen.
For defects that mean a minor breach of the contract (regardless if is a removable or irremovable defect) the Buyer shall have the right to remove the defect or to a reasonable discount off the purchase price.
If a removable defect has occurred repeatedly (a third complaint about the same defect or fourth about different defects) or if the goods have multiple defects (at least three defects at a time), the Buyer may assert the right to a discount off the purchase price, to replace the goods or to withdraw from the contract.
The Seller shall not be liable for defects occurred as a result of the common wear and tear or not following the user’s manual.
For selected goods, the Seller undertakes to offer an extended contractual warranty to the Buyer.
The Buyer shall be obligated to assert his/her complaint at the Seller’s or a designated repairer without undue delay of the date of finding out the deficiency. If he/she does it in writing or electronically, he/she should give his/her contact details, description of the defect and the requirement on the method of complaint settlement.
Download the form here:
The Buyer shall be obligated to notify the Seller of which right he/she has chosen at the time of reporting the defect or without undue delay after notifying the defect. To change the choice without the Seller’s consent is possible only if the Buyer has required the repair of a defect that turns out to be irremovable.
If the Buyer fails to choose the right from the material breach of the contract in time, he/she shall have the same rights like in the case of a minor breach of the contract.
The Buyer shall be obligated to prove the purchase of the goods (with a purchase certificate at best). The time limit to settle the complaint commences on the date of the hand-over/delivery of the goods to the Seller or at the designated repair shop. The goods should be packed in suitable packing for transport in order to prevent any damage; they should be clean and complete.
The Seller shall be obligated to decide on the Buyer’s complaint, or that an expert opinion is necessary to decide, without delay, not later than within three working days. The Buyer shall be notified of the necessity of an expert opinion within this time limit. The Seller shall settle the complaint, including the removal of the defect, without undue delay, not later than within 30 days of its assertion unless it agrees with the Buyer on a longer time limit in writing. After this time limit expires, the Buyer shall have the same rights like in the case of a material breach of the contract.
Should the Seller reject to remove the defect of an item, the Buyer may require a reasonable discount off the price or to withdraw from the contract.
The warranty period shall be extended by the period of time of the assertion of the complaint until it is settled or until the time when the Buyer has been obligated to collect the thing. If the goods or their part are replaced, the Seller’s liability shall be applied like it was the purchase of new goods or their part.
If it is not possible to track the status of settlement of the complaint on-line, the Seller undertakes to notify the Buyer of the settlement of the complaint under his/her requirement by e-mail or a text message.
The Consumer shall have the right to compensation for efficiently spent costs in case of a justified complaint.
Personal Data Protection
The Buyer agrees that the Seller processes and keeps the submitted personal data in compliance with the Act on Personal Data Protection (No. 101/2000 Coll.) for the purposes to fulfil the subject matter of the contract. The Buyer shall have the right to be informed of which of his/her data the Seller files and he/she shall have the right to change the data, possibly to express his/her disapproval with their processing in writing. The Office for Personal Data Protection shall supervise the protection of personal data.
The Seller undertakes not to provide the Buyer’s personal data to any other third entities other than the forwarder for the purpose to deliver the goods.
The Seller shall enable to purchase without registration whereas it shall use the data of unregistered Buyers to fulfil the subject matter of the contract only, not for marketing or business purposes.
The Seller shall have the right to send its own business messages to the Buyer only if the Buyer has actively asked for that and only until the Buyer notifies the Seller of not sending them anymore. The Buyer may send such a message to the e-mail address obtained in connection with the performance of the contract without any costs incurred on his/her part.
Any disputes between the Seller and the Buyer shall be settled by the general courts.
Pursuant to Act No. 634/1992 Coll., on Consumer Protection as amended, the Buyer who is a Consumer shall have the right to an out-of-court settlement of consumer disputes arising from the purchase contract or contract to provide services. The entity that is entitled to do out-of-court settlement of disputes shall be the Czech Trade Inspection Authority. More information available at the website www.coi.cz.
Out-of-court settlement of consumer disputes shall be initiated upon a Consumer’s motion only in the event that settling the dispute directly with the Seller has failed. The motion may be submitted not later than within one year of the date when the Consumer has asserted his/her right that is the subject of the dispute at the Seller’s for the first time.
The Consumer shall have the right to initiate out-of-court settlement of disputes online through the ODR platform available at the website ec.europa.eu/consumers/odr/.
The Seller undertakes to preferentially try to settle disputes with Buyers out-of-court unless a Buyer rejects it. Out-of-court settlement of disputes can also be done through the service VašeStížnosti.cz at the website www.vasestiznosti.cz.
This procedure shall not be mediation pursuant to Act No. 202/2012 Coll., on Mediation as amended neither arbitration proceedings pursuant to Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitrary Awards, as amended, and its use shall not affect the rights of the parties to submit their claim to the Czech Trade Inspection Authority or courts.
During negotiations on the out-of-court settlement of disputes neither the limitation nor lapse period pursuant to the Civil Code shall commence until one of the parties to the dispute shall explicitly reject to continue with the negotiation.
The Czech Trade Inspection Authority (www.coi.cz) shall carry out supervision over meeting the obligations pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended.
If the relation relating to the use of the website or the legal relation established under the purchase contract contains an international (foreign) element, the parties agree the relation shall be governed by Czech laws. The United Nations Convention on Contracts for the International Sale of Goods shall not be applied.
Return of electrical devices and other products
The Seller arranges the return of electrical devices from households and the separated collection of electrical waste, batteries and accumulators in compliance with the respective legal regulations. The Customer shall have the right to return the old electrical device during the purchase of a new similar electrical device or batteries or accumulators at the Seller’s business premises.
The Customer shall also have the right to return electrical devices, electrical wastes and batteries and accumulators at all collection points designated to collect the aforementioned waste in the appropriate municipality.
Electrical devices, electrical waste, batteries or accumulators may not be removed together with the communal waste, but they must be put at the points designated for this purpose, i.e. collection points or recycling points i.e. points afore-mentioned. The stated devices and waste shall be used for the further manufacture of new devices. Dangerous and harmful substances form these devices and waste may cause damage to the environment or human health.
Other issues not covered herein shall be governed by the Civil Code (No. 89/2012 Coll.), the Act on Consumer Protection (No. 634/1992 Coll.) and other legal regulations as amended.
The contract and related issues shall be governed by the Czech laws.
Any changes to the Business Terms and Conditions in any form other than mutually agreed between the parties in writing shall be excluded.
These Business Terms and Conditions come into effect on January 1, 2017.