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Terms and conditions
Terms and Conditions
of the trading company
Green Energy Trading s.r.o.
IČ: 269 64 422
with its registered office at Dobšická 3579/15, 669 02 Znojmo
registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 48612
for the sale of goods through the online store located at the internet address www.getrading.eu
1. INTRODUCTORY PROVISIONS, DEFINITIONS
1.1 Seller
Business terms and conditions of Green Energy Trading s.r.o., IČO: 269 64 422, with its registered office at Dobšická 3579/15, 669 02 Znojmo, registered in the Commercial Register kept by the Regional Court in Brno under file number C 48612 (hereinafter referred to as the “Company” or “Seller”) for the sale of solar panels, photovoltaic cells, inverters, batteries, related electrical equipment and other goods offered By the Company through the online store located at https://www.getrading.eu/ (hereinafter referred to as the “Website”) or through other means of distance communication.
1.2 Terms and Conditions
These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) were issued in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) on 12.04.2023.
1.3 Subject matter
These Terms and Conditions govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and the Buyer, who may act in the position of a consumer or entrepreneur (hereinafter referred to as the “Buyer”; the Seller and the Buyer together hereinafter referred to as the “Parties”), through the website interface (hereinafter referred to as the “Website Interface of the Store”) or through other means of distance communication.
1.4 Consumer
1.4.1 A consumer is anyone who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, enters into a legal relationship with an entrepreneur or otherwise deals with him.
1.4.2 The rights and obligations between the seller and the buyer in the position of consumer are governed in particular by the provisions of Section 1810 et seq. and Section 2079 et seq. of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”), as well as other related legal regulations and these Terms and Conditions.
1.4.3 A consumer is considered to be someone in relation to the seller who, through the web interface of the store (check box), declares on his honor that he is performing legal acts in accordance with Article 1.4.1 above. This does not exclude the possibility of proving the contrary.
1.5 Entrepreneur
1.5.1 An entrepreneur is anyone who independently carries out gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so consistently for the purpose of making a profit.
1.5.2 An entrepreneur is also considered to be any person who concludes contracts related to their own commercial, production or similar activity or in the independent performance of their profession, or a person who acts in the name or on behalf of an entrepreneur. An entrepreneur is also considered to be a person registered in the Commercial Register who has a trade or other authorization to conduct business under another law. An entrepreneur is also considered to be someone who enters into a legal relationship with the seller in connection with their own business activity, even if it involves the delivery of goods that is only indirectly related to the buyer's business.
1.5.3 If the buyer states their IČO in the order, they thereby indicate that they are an entrepreneur.
1.5.4 Rights and obligations between the seller and the buyer in the position of an entrepreneur not expressly regulated by these terms and conditions are governed in particular by the provisions of Section 2079 et seq. of the Civil Code on purchase.
1.6 Purchase contract
1.6.1 Provisions deviating from the terms and conditions may be agreed in a separate written purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. The contract pursuant to the first sentence may also take the form of e-mail communication, but it is not required that the parties have any guaranteed electronic signature.
1.6.2 The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may only be concluded in the Czech language, unless the parties agree otherwise.
1.7 Amendments and supplements to the terms and conditions
1.7.1 The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
1.7.2 The Seller always publishes on the website only the full text of the current version of the Terms and Conditions. The Buyer is obliged to familiarize himself with the Terms and Conditions and the Complaints Procedure before ordering the goods.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1 No offer
All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods under the presented conditions. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
2.2 Informative prices of goods
The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the period when they are displayed in the web interface of the store. The prices of individual items are governed by the current price list of the seller, who reserves the right to make changes to them at any time. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
2.3 Packaging
The web interface of the store also contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
2.4 Order
To order, the buyer places the goods in the shopping cart in the web interface of the store and, after pressing the "Continue" button in the lower right corner, the buyer fills out the order form. The order form contains in particular information about:
2.4.1 the method of transport, i.e. personal collection from the warehouse Znojmo, Dobšická 3579/15, or transport using the carrier TopTrans or others;
2.4.2 the method of payment of the purchase price of the goods (currently only advance payment to the seller's account, which the seller will notify the buyer within two business days to the buyer's e-mail; and
2.4.3 the buyer's personal identification data
(hereinafter collectively referred to as the "order").
2.5 Sending the order and concluding the purchase contract
2.5.1 Before sending the order, the buyer is allowed to check the data entered by the buyer in the order, including with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order.
2.5.2 The buyer sends the order to the seller by clicking on the "Send Order" button in the lower right corner of the store's web interface, which results in a binding order for the goods. The data specified in the order are considered correct.
2.5.3 The seller will immediately confirm receipt of the order to the buyer, to the e-mail address the buyer specified in the order (hereinafter referred to as the "buyer's electronic address"). The purchase contract will only be concluded after the seller's subsequent confirmation of the obligation to deliver the goods/conclude the purchase contract.
2.5.4 If the seller confirms the order with reservations, such communication is considered a new offer to conclude a contract, and the buyer's confirmation is required. If the information contained in the order is not complete, the seller cannot fulfill the order.
2.5.5 The seller reserves the right to refuse an order with a non-standard or speculative composition and size. In the event of stock shortages, the seller reserves the right to cancel the entire order or part of it.
2.6 Additional confirmation
The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
2.7 Other provisions when concluding a purchase contract
2.7.1. The buyer agrees to the use of distance communication means when concluding a purchase contract. The costs incurred by the buyer when using distance communication means in connection with concluding a purchase contract (costs of Internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
2.7.2 The buyer acknowledges that by concluding a purchase contract with the seller, he does not have any rights to use registered trademarks, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific case by a special contract.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1 Payment method
3.1.1 The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller only by bank transfer to the seller's account at Komerční banka, a.s., account number 123-6325440247/0100. The buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. The buyer's obligation to pay the purchase price is fulfilled only at the moment of crediting the relevant amount to the seller's account.
3.1.2 The seller is entitled to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply. The purchase price is payable within 5 days of the conclusion of the purchase contract (issuance of the invoice). The Seller does not require an advance payment or other similar payment from the Buyer.
3.1.3 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and transportation of the goods in the agreed amount, if they are not included in the purchase price. Unless expressly stated otherwise, the purchase price also means the costs associated with the delivery of the goods.
3.1.4 Offers published on the website are subject to change, are non-binding and do not constitute a binding contractual offer. This also applies if the Buyer has been provided with a catalog, technical documentation (e.g. drawings, plans, calculations, references to relevant legal, technical or other standards), other descriptions of the products in question or other documents (even if they are provided in electronic form).
3.1.5 The purchase price is valid at the time of delivery of the Seller's confirmation of the obligation to deliver the goods/conclude the purchase contract by the Buyer.
3.2 Discounts
Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other. The promotional offer is valid during the period specified for each product and until stocks run out. Promotional offers presented on the Seller's website are intended exclusively for end customers.
3.3 Tax document
3.3.1 Tax document - the Seller shall issue an invoice to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer's electronic address. The Seller is a payer of value added tax. If the Buyer requests it, the Seller shall issue a proforma invoice.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1 Withdrawal by the entrepreneur
4.1.1 The buyer, who is in the position of an entrepreneur, has the right to withdraw from the purchase contract in accordance with applicable legal regulations, in particular in accordance with the applicable Civil Code.
4.2 Withdrawal by the consumer
4.2.1 The buyer, in the position of a consumer, acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw, among other things, from a purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons, and from a purchase contract for the supply of an audio or video recording or a computer program if their original packaging has been broken.
4.2.2 Unless it is a case specified in point 4.1.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer can send withdrawal from the purchase contract, among others, to the address of the seller's premises or to the seller's e-mail address getrading@getrading.eu. To withdraw from the purchase contract, the buyer will use the sample form provided by the seller, which is an annex to the terms and conditions.
4.3 Consequences of withdrawal from the purchase contract
4.3.1 In the event of a valid withdrawal, the purchase contract is cancelled from the beginning.
4.3.2 The goods must be returned by the buyer to the seller within 14 days of the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by normal postal service due to their nature.
4.3.3 In the event of a valid withdrawal from the purchase contract, the seller will return the funds received from the buyer within 30 days of the withdrawal from the purchase contract to the buyer, in the same way as the seller received them from the buyer. However, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods to him or proves that he sent the goods to the seller.
4.3.4 The goods that the buyer will send in connection with the withdrawal from the purchase contract must not show signs of use, be damaged, incomplete and will be returned with a copy of the proof of purchase (the seller recommends insuring the goods against damage during transport). The buyer must properly pack the goods and mark them with the appropriate marks "fragile" and "do not tip over"; the seller is not liable for damage to the goods incurred during transport if it originates from insufficient packaging and securing the goods against damage. Insufficient packaging is considered in particular to be non-compliance with the conditions of the carrier for packaging the goods or disregard for the special properties of the goods (glass, fragile corners, etc.).
4.3.5 The seller is also entitled to return the performance provided to the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and no additional costs are incurred by the buyer.
4.3.6 If the value of the goods has been demonstrably reduced (the goods are incomplete or damaged), the buyer is obliged to compensate the missing value in money.
4.3.7 The buyer does not have the right to withdraw from the contract if the goods have been modified according to his wishes or for his person.
4.3.8 If the returned goods are damaged as a result of the buyer's breach of obligation, the seller is entitled to claim compensation for the reduction in the value of the goods. The seller is entitled to unilaterally offset the claim for compensation for damage incurred to the goods against the buyer's claim for a refund of the purchase price.
4.4 Withdrawal by the seller
4.4.1 In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.
4.4.2 The seller is further entitled to withdraw from the purchase contract concluded with the buyer in the event of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for this type/kind of goods), unless the goods in question are clearly stated to be an "extraordinary discount" or "promotion" or other designation of similar meaning. In the event that this situation occurs, the seller will immediately contact the buyer in order to agree on further action. In the event that the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account as soon as possible.
4.4.3 The seller is further entitled to withdraw from the contract if it turns out that the contract was concluded by a buyer who was not authorized to do so, either due to lack of legal capacity or representative authority.
4.5 Gifts
If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.
5. FULFILLMENT OF THE ORDER
5.1 Time of performance
5.1.1 The Seller shall deliver the goods within the agreed period, unless prevented from doing so by unforeseen circumstances beyond its control. The Seller expressly reserves the right to extend the delivery period in special cases arising from force majeure or in cases where it was not possible to make the delivery within the expected time for objective reasons.
5.1.2 If it is not possible to meet the binding delivery periods for reasons for which the Seller is not responsible and this is a case of force majeure, the Seller is not in default of its performance, and the Buyer will be informed of this immediately and at the same time he will be informed of the new expected delivery date. If the goods are not available even on the new delivery date, the Buyer will be informed of this fact immediately. In such a case, both parties may withdraw from the contract in part or in full.
5.2 Transport
5.2.1 Based on the buyer's choice, the seller delivers the goods to the place and in the manner specified by the buyer in the order. The buyer is obliged to ensure the possibility of technical acceptance and to take over the goods delivered in this way, otherwise the goods will be stored at his expense and, after agreement, re-shipped at his expense. The seller delivers the ordered goods according to size and weight via contractual transport services.
5.2.2 The place of delivery is determined based on the buyer's order. Delivery of the goods is considered to be completed when they are delivered to the specified address (according to the choice of the method of delivery of the goods).
5.2.3 In the event that, for reasons on the buyer's part, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, or the method of transport is agreed upon based on a special request by the buyer, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery, or costs associated with the method of transport requested by the buyer. At the buyer's request and expense, the goods may be sent to a designated location (sale with delivery to a location other than the place of performance). In selected cases, delivery is made directly from the manufacturer to the buyer (dropshipping). Unless otherwise agreed, the seller is entitled to determine the type of transport itself (in particular the carrier, transport route, packaging). At the buyer's request, transport will be carried out with appropriate transport insurance at the buyer's expense.
5.2.4 When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
5.2.5 Other rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions.
5.2.6 The buyer also has the option of picking up the goods at the following address: Dobšická 3579/15, 669 02 Znojmo.
5.2.7 If it is not possible to meet the binding delivery deadlines for reasons for which we are not responsible and this is a case of force majeure, we are not in default of performance on our part, and the customer will be informed of this immediately and will also be informed of the new expected delivery date. If the goods are not available even on the new delivery date, the customer will be informed of this fact immediately. In such a case, we are entitled to withdraw from the contract in part or in full.
5.3 Failure to accept the shipment
5.3.1 In the event of failure to accept the shipment sent to him by the buyer, the buyer is in breach of the terms and conditions, because the buyer is automatically informed by the seller of the confirmation and status of the order (by e-mail). Extended shipping time is not a legitimate reason for the buyer to cancel the order or not to accept the shipment of the ordered goods. Arguments or justifications for non-acceptance (e.g. failure to receive a notification, etc.) are not taken into account in this case. In the event of non-acceptance of the shipment, each buyer is charged all costs incurred by the seller in connection with this. These costs include the costs incurred for postage, packaging and transportation. By sending the order, the buyer agrees to the terms and conditions and thus to pay the costs in the event of non-acceptance of the shipment within the storage period.
5.3.2 If the buyer does not communicate, does not intend to pay the damage or the costs incurred, is unable to reach an amicable agreement with the seller, the seller is simultaneously entitled to withdraw from this purchase contract.
5.3.3 When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
5.4 Method of performance
The quality of performance is governed by Article 6 of the Terms and Conditions.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1 Quality of performance
The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the goods:
- the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties described by the seller or the manufacturer or that the buyer expected, taking into account the nature of the goods and on the basis of the advertising carried out by them,
- the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure or weight and
- the goods comply with the requirements of legal regulations.
6.2 Obligations of the Buyer
Before using the goods for the first time, the Buyer is obliged to carefully read the instructions for use of the goods and any warranty conditions and then strictly follow this information. The period for exercising rights from the seller's liability for defects begins to run when the buyer takes over the goods. In accordance with Section 2104 of the Civil Code, the Buyer is obliged to inspect the goods as soon as possible after taking them over and to ascertain their properties and quantity.
6.3 Defects giving rise to rights from defective performance
6.3.1 If a defect becomes apparent within six months of taking over, the goods are deemed to have been defective upon taking over.
6.3.2 The provisions of Section 2 165 of the Civil Code shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their usual use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods.
6.4 Method of exercising the right from defective performance
6.4.1 The buyer shall exercise the rights from defective performance with the seller at Dobšická 3579/15, 669 02 Znojmo, or by telephone, email, post or in person at the seller's contact points. The moment of exercising the claim shall be deemed to be the moment when the seller receives any expression of the buyer's will (by telephone, email, post or in person) aimed at exercising the rights from defective performance. The buyer is obliged to notify the seller of a defect in the goods without undue delay after it becomes apparent.
6.4.2 The seller is not obliged to satisfy the buyer's claim if it turns out that the buyer knew about the defect in the goods before taking them over, or caused the defect himself.
6.4.3 The seller is liable to the buyer in the capacity of an entrepreneur only for those defects in the goods that already existed in such goods at the time of their taking over by the buyer in the capacity of an entrepreneur. The seller is not liable to the buyer in the capacity of an entrepreneur for other defects in the goods.
6.4.4 The buyer in the capacity of an entrepreneur is entitled to exercise the right to a defect only within a period of 1 month from the taking over of the goods; however, if the date of consumption is indicated on the packaging of the goods, this period is shortened to the date indicated on the packaging of the goods.
6.4.5 If damage is detected in the case of a buyer in the position of an entrepreneur, a record of damage to the goods shall be made and the seller shall be obliged to provide an appropriate discount or deliver new goods. Later complaints of mechanical damage to the goods shall no longer be accepted.
6.5 Limitation of the seller's liability
6.5.1 After delivery, the seller shall not be liable for damage caused by improper storage or handling of the goods by the buyer.
6.5.2 The seller's liability for defects shall not apply to normal wear and tear of the goods (or their parts) caused by use.
6.6 List of the buyer's rights
When exercising rights arising from liability for defective performance, the buyer has the following rights:
- the right to free repair of the goods, if such repair is possible;
- the right to have new goods delivered or a part thereof replaced, and this right may be exercised if the delivery of new goods or a part thereof is an appropriate solution to the complaint with regard to the nature of the defect.
6.7 Complaint procedure
6.7.1 The complaint will be settled without undue delay, no later than 30 calendar days from the date of the complaint, unless the seller and the buyer agree otherwise in writing. After this period has expired, the buyer has the same rights as if it were a material breach of the purchase contract.
6.7.2 The seller will issue the buyer with a written confirmation of when the buyer lodged the complaint, what its content is and what method of settlement he requests. Furthermore, the seller will issue the buyer with a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration. In the event of a rejected complaint, the seller will issue the buyer with a written justification for this rejection.
6.7.3 The Buyer has the right to reimbursement of necessary costs incurred in connection with the exercise of rights under liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the Buyer also has the right to reimbursement of costs necessarily incurred for this withdrawal.
6.7.4 Complaints about goods are governed by the relevant provisions of the Civil Code and the Consumer Protection Act in the case of the Buyer in the position of a consumer, and by the relevant provisions of the Civil Code in the case of the Buyer in the position of an entrepreneur.
6.7.5 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
7. USER ACCOUNT
7.1 The Buyer has the option to create a user account within the online mailbox interface, which facilitates purchases. The Seller particularly recommends creating a user account for Buyers who are entrepreneurs.
7.2 The Seller may decide to grant an additional discount on ordered goods for users with an established user account. It may do so for an indefinite number of cases in the future (loyalty discount), or once. There is no legal claim to the granting of an additional discount, the Seller may revoke the granted discount until the conclusion of the purchase contract.
7.3 The user account is non-transferable. Violation of this rule may lead to the forced deletion of the user account or the obligation to return the provided discounts, if the Buyer is an entrepreneur.
7.4 There is no legal claim to the availability of the user account.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 Transfer of ownership and risk of damage to the goods
The buyer acquires ownership of the goods by paying the full purchase price of the goods. The risk of damage to the goods passes to the buyer upon receipt of the goods or, if the goods are delivered using a carrier, upon handing over the goods to the carrier for transport.
8.2 Handling of complaints
The seller handles consumer complaints via the email address getrading@getrading.eu. The seller will send information about the handling of the buyer's complaint to the buyer's email address.
8.3 Out-of-court dispute resolution
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.
8.4 European Consumer Centre
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
8.5 Performance of state administration
The seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.6 By concluding a purchase contract, the buyer, who is an entrepreneur, assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
The Seller shall fulfil its information obligation towards the Buyer pursuant to Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) relating to the processing of the Buyer’s personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the Seller’s public obligations by means of a special document published on the website.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES
10.1 The Buyer agrees to the sending of information related to the Seller’s goods, services or business to the Buyer’s email address and further agrees to the Seller sending commercial communications to the Buyer’s email address. The Seller shall fulfil its information obligation towards the Buyer pursuant to Article 13 of the GDPR relating to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
10.2 The Buyer agrees to the storage of cookies. In the event that the purchase on the website can be made and the Seller's obligations under the purchase contract fulfilled without the storage of so-called cookies on the Buyer's computer, the Buyer may revoke the consent in accordance with the previous sentence at any time.
11. DELIVERY
11.1 The Buyer may be delivered to the Buyer's electronic address.
11.2 A notification shall also be deemed to have been delivered if the addressee refused to accept it, if it was not collected within the storage period, or if it was returned as undeliverable.
11.3 The Parties may deliver ordinary correspondence to each other by electronic mail.
12. FINAL PROVISIONS
12.1 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the buyer, who is a consumer, is not deprived of the protection provided to him by the provisions of the legal order from which he cannot contractually deviate and which, in the absence of a choice of law, would otherwise apply according to the provisions of Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 Seller's contact details: delivery address Dobšická 3579/15, 669 02 Znojmo, e-mail address getrading@getrading.eu
Annex No. 1
Fill out this form, save or print it and send it back to the seller only if you wish to withdraw from the purchase contract. The form can be sent to the e-mail address getrading@getrading.eu or the printed form to the address Dobšická 3579/15, 669 02 Znojmo.
FORM FOR WITHDRAWAL FROM THE PURCHASE CONTRACT
Address: Green Energy Trading s.r.o.
I hereby declare that I withdraw from the contract for the purchase of these goods:
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..................................................................................................................................
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Name and surname of the buyer (consumer):
..................................................................................
Address of the buyer (consumer):
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Date of ordering the goods: ...........................................
The purchase contract and withdrawal from the contract are governed by the terms and conditions stated
on the website www.getrading.eu
Signature of the buyer (consumer) ................................................
(only if this form is sent in paper form)
Date ...........................................................................
of the trading company
Green Energy Trading s.r.o.
IČ: 269 64 422
with its registered office at Dobšická 3579/15, 669 02 Znojmo
registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 48612
for the sale of goods through the online store located at the internet address www.getrading.eu
1. INTRODUCTORY PROVISIONS, DEFINITIONS
1.1 Seller
Business terms and conditions of Green Energy Trading s.r.o., IČO: 269 64 422, with its registered office at Dobšická 3579/15, 669 02 Znojmo, registered in the Commercial Register kept by the Regional Court in Brno under file number C 48612 (hereinafter referred to as the “Company” or “Seller”) for the sale of solar panels, photovoltaic cells, inverters, batteries, related electrical equipment and other goods offered By the Company through the online store located at https://www.getrading.eu/ (hereinafter referred to as the “Website”) or through other means of distance communication.
1.2 Terms and Conditions
These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) were issued in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) on 12.04.2023.
1.3 Subject matter
These Terms and Conditions govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and the Buyer, who may act in the position of a consumer or entrepreneur (hereinafter referred to as the “Buyer”; the Seller and the Buyer together hereinafter referred to as the “Parties”), through the website interface (hereinafter referred to as the “Website Interface of the Store”) or through other means of distance communication.
1.4 Consumer
1.4.1 A consumer is anyone who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, enters into a legal relationship with an entrepreneur or otherwise deals with him.
1.4.2 The rights and obligations between the seller and the buyer in the position of consumer are governed in particular by the provisions of Section 1810 et seq. and Section 2079 et seq. of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”), as well as other related legal regulations and these Terms and Conditions.
1.4.3 A consumer is considered to be someone in relation to the seller who, through the web interface of the store (check box), declares on his honor that he is performing legal acts in accordance with Article 1.4.1 above. This does not exclude the possibility of proving the contrary.
1.5 Entrepreneur
1.5.1 An entrepreneur is anyone who independently carries out gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so consistently for the purpose of making a profit.
1.5.2 An entrepreneur is also considered to be any person who concludes contracts related to their own commercial, production or similar activity or in the independent performance of their profession, or a person who acts in the name or on behalf of an entrepreneur. An entrepreneur is also considered to be a person registered in the Commercial Register who has a trade or other authorization to conduct business under another law. An entrepreneur is also considered to be someone who enters into a legal relationship with the seller in connection with their own business activity, even if it involves the delivery of goods that is only indirectly related to the buyer's business.
1.5.3 If the buyer states their IČO in the order, they thereby indicate that they are an entrepreneur.
1.5.4 Rights and obligations between the seller and the buyer in the position of an entrepreneur not expressly regulated by these terms and conditions are governed in particular by the provisions of Section 2079 et seq. of the Civil Code on purchase.
1.6 Purchase contract
1.6.1 Provisions deviating from the terms and conditions may be agreed in a separate written purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. The contract pursuant to the first sentence may also take the form of e-mail communication, but it is not required that the parties have any guaranteed electronic signature.
1.6.2 The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may only be concluded in the Czech language, unless the parties agree otherwise.
1.7 Amendments and supplements to the terms and conditions
1.7.1 The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
1.7.2 The Seller always publishes on the website only the full text of the current version of the Terms and Conditions. The Buyer is obliged to familiarize himself with the Terms and Conditions and the Complaints Procedure before ordering the goods.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1 No offer
All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods under the presented conditions. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
2.2 Informative prices of goods
The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the period when they are displayed in the web interface of the store. The prices of individual items are governed by the current price list of the seller, who reserves the right to make changes to them at any time. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
2.3 Packaging
The web interface of the store also contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
2.4 Order
To order, the buyer places the goods in the shopping cart in the web interface of the store and, after pressing the "Continue" button in the lower right corner, the buyer fills out the order form. The order form contains in particular information about:
2.4.1 the method of transport, i.e. personal collection from the warehouse Znojmo, Dobšická 3579/15, or transport using the carrier TopTrans or others;
2.4.2 the method of payment of the purchase price of the goods (currently only advance payment to the seller's account, which the seller will notify the buyer within two business days to the buyer's e-mail; and
2.4.3 the buyer's personal identification data
(hereinafter collectively referred to as the "order").
2.5 Sending the order and concluding the purchase contract
2.5.1 Before sending the order, the buyer is allowed to check the data entered by the buyer in the order, including with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order.
2.5.2 The buyer sends the order to the seller by clicking on the "Send Order" button in the lower right corner of the store's web interface, which results in a binding order for the goods. The data specified in the order are considered correct.
2.5.3 The seller will immediately confirm receipt of the order to the buyer, to the e-mail address the buyer specified in the order (hereinafter referred to as the "buyer's electronic address"). The purchase contract will only be concluded after the seller's subsequent confirmation of the obligation to deliver the goods/conclude the purchase contract.
2.5.4 If the seller confirms the order with reservations, such communication is considered a new offer to conclude a contract, and the buyer's confirmation is required. If the information contained in the order is not complete, the seller cannot fulfill the order.
2.5.5 The seller reserves the right to refuse an order with a non-standard or speculative composition and size. In the event of stock shortages, the seller reserves the right to cancel the entire order or part of it.
2.6 Additional confirmation
The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
2.7 Other provisions when concluding a purchase contract
2.7.1. The buyer agrees to the use of distance communication means when concluding a purchase contract. The costs incurred by the buyer when using distance communication means in connection with concluding a purchase contract (costs of Internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
2.7.2 The buyer acknowledges that by concluding a purchase contract with the seller, he does not have any rights to use registered trademarks, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific case by a special contract.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1 Payment method
3.1.1 The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller only by bank transfer to the seller's account at Komerční banka, a.s., account number 123-6325440247/0100. The buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. The buyer's obligation to pay the purchase price is fulfilled only at the moment of crediting the relevant amount to the seller's account.
3.1.2 The seller is entitled to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply. The purchase price is payable within 5 days of the conclusion of the purchase contract (issuance of the invoice). The Seller does not require an advance payment or other similar payment from the Buyer.
3.1.3 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and transportation of the goods in the agreed amount, if they are not included in the purchase price. Unless expressly stated otherwise, the purchase price also means the costs associated with the delivery of the goods.
3.1.4 Offers published on the website are subject to change, are non-binding and do not constitute a binding contractual offer. This also applies if the Buyer has been provided with a catalog, technical documentation (e.g. drawings, plans, calculations, references to relevant legal, technical or other standards), other descriptions of the products in question or other documents (even if they are provided in electronic form).
3.1.5 The purchase price is valid at the time of delivery of the Seller's confirmation of the obligation to deliver the goods/conclude the purchase contract by the Buyer.
3.2 Discounts
Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other. The promotional offer is valid during the period specified for each product and until stocks run out. Promotional offers presented on the Seller's website are intended exclusively for end customers.
3.3 Tax document
3.3.1 Tax document - the Seller shall issue an invoice to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer's electronic address. The Seller is a payer of value added tax. If the Buyer requests it, the Seller shall issue a proforma invoice.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1 Withdrawal by the entrepreneur
4.1.1 The buyer, who is in the position of an entrepreneur, has the right to withdraw from the purchase contract in accordance with applicable legal regulations, in particular in accordance with the applicable Civil Code.
4.2 Withdrawal by the consumer
4.2.1 The buyer, in the position of a consumer, acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw, among other things, from a purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons, and from a purchase contract for the supply of an audio or video recording or a computer program if their original packaging has been broken.
4.2.2 Unless it is a case specified in point 4.1.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer can send withdrawal from the purchase contract, among others, to the address of the seller's premises or to the seller's e-mail address getrading@getrading.eu. To withdraw from the purchase contract, the buyer will use the sample form provided by the seller, which is an annex to the terms and conditions.
4.3 Consequences of withdrawal from the purchase contract
4.3.1 In the event of a valid withdrawal, the purchase contract is cancelled from the beginning.
4.3.2 The goods must be returned by the buyer to the seller within 14 days of the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by normal postal service due to their nature.
4.3.3 In the event of a valid withdrawal from the purchase contract, the seller will return the funds received from the buyer within 30 days of the withdrawal from the purchase contract to the buyer, in the same way as the seller received them from the buyer. However, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods to him or proves that he sent the goods to the seller.
4.3.4 The goods that the buyer will send in connection with the withdrawal from the purchase contract must not show signs of use, be damaged, incomplete and will be returned with a copy of the proof of purchase (the seller recommends insuring the goods against damage during transport). The buyer must properly pack the goods and mark them with the appropriate marks "fragile" and "do not tip over"; the seller is not liable for damage to the goods incurred during transport if it originates from insufficient packaging and securing the goods against damage. Insufficient packaging is considered in particular to be non-compliance with the conditions of the carrier for packaging the goods or disregard for the special properties of the goods (glass, fragile corners, etc.).
4.3.5 The seller is also entitled to return the performance provided to the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and no additional costs are incurred by the buyer.
4.3.6 If the value of the goods has been demonstrably reduced (the goods are incomplete or damaged), the buyer is obliged to compensate the missing value in money.
4.3.7 The buyer does not have the right to withdraw from the contract if the goods have been modified according to his wishes or for his person.
4.3.8 If the returned goods are damaged as a result of the buyer's breach of obligation, the seller is entitled to claim compensation for the reduction in the value of the goods. The seller is entitled to unilaterally offset the claim for compensation for damage incurred to the goods against the buyer's claim for a refund of the purchase price.
4.4 Withdrawal by the seller
4.4.1 In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.
4.4.2 The seller is further entitled to withdraw from the purchase contract concluded with the buyer in the event of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for this type/kind of goods), unless the goods in question are clearly stated to be an "extraordinary discount" or "promotion" or other designation of similar meaning. In the event that this situation occurs, the seller will immediately contact the buyer in order to agree on further action. In the event that the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account as soon as possible.
4.4.3 The seller is further entitled to withdraw from the contract if it turns out that the contract was concluded by a buyer who was not authorized to do so, either due to lack of legal capacity or representative authority.
4.5 Gifts
If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.
5. FULFILLMENT OF THE ORDER
5.1 Time of performance
5.1.1 The Seller shall deliver the goods within the agreed period, unless prevented from doing so by unforeseen circumstances beyond its control. The Seller expressly reserves the right to extend the delivery period in special cases arising from force majeure or in cases where it was not possible to make the delivery within the expected time for objective reasons.
5.1.2 If it is not possible to meet the binding delivery periods for reasons for which the Seller is not responsible and this is a case of force majeure, the Seller is not in default of its performance, and the Buyer will be informed of this immediately and at the same time he will be informed of the new expected delivery date. If the goods are not available even on the new delivery date, the Buyer will be informed of this fact immediately. In such a case, both parties may withdraw from the contract in part or in full.
5.2 Transport
5.2.1 Based on the buyer's choice, the seller delivers the goods to the place and in the manner specified by the buyer in the order. The buyer is obliged to ensure the possibility of technical acceptance and to take over the goods delivered in this way, otherwise the goods will be stored at his expense and, after agreement, re-shipped at his expense. The seller delivers the ordered goods according to size and weight via contractual transport services.
5.2.2 The place of delivery is determined based on the buyer's order. Delivery of the goods is considered to be completed when they are delivered to the specified address (according to the choice of the method of delivery of the goods).
5.2.3 In the event that, for reasons on the buyer's part, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, or the method of transport is agreed upon based on a special request by the buyer, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery, or costs associated with the method of transport requested by the buyer. At the buyer's request and expense, the goods may be sent to a designated location (sale with delivery to a location other than the place of performance). In selected cases, delivery is made directly from the manufacturer to the buyer (dropshipping). Unless otherwise agreed, the seller is entitled to determine the type of transport itself (in particular the carrier, transport route, packaging). At the buyer's request, transport will be carried out with appropriate transport insurance at the buyer's expense.
5.2.4 When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
5.2.5 Other rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions.
5.2.6 The buyer also has the option of picking up the goods at the following address: Dobšická 3579/15, 669 02 Znojmo.
5.2.7 If it is not possible to meet the binding delivery deadlines for reasons for which we are not responsible and this is a case of force majeure, we are not in default of performance on our part, and the customer will be informed of this immediately and will also be informed of the new expected delivery date. If the goods are not available even on the new delivery date, the customer will be informed of this fact immediately. In such a case, we are entitled to withdraw from the contract in part or in full.
5.3 Failure to accept the shipment
5.3.1 In the event of failure to accept the shipment sent to him by the buyer, the buyer is in breach of the terms and conditions, because the buyer is automatically informed by the seller of the confirmation and status of the order (by e-mail). Extended shipping time is not a legitimate reason for the buyer to cancel the order or not to accept the shipment of the ordered goods. Arguments or justifications for non-acceptance (e.g. failure to receive a notification, etc.) are not taken into account in this case. In the event of non-acceptance of the shipment, each buyer is charged all costs incurred by the seller in connection with this. These costs include the costs incurred for postage, packaging and transportation. By sending the order, the buyer agrees to the terms and conditions and thus to pay the costs in the event of non-acceptance of the shipment within the storage period.
5.3.2 If the buyer does not communicate, does not intend to pay the damage or the costs incurred, is unable to reach an amicable agreement with the seller, the seller is simultaneously entitled to withdraw from this purchase contract.
5.3.3 When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
5.4 Method of performance
The quality of performance is governed by Article 6 of the Terms and Conditions.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1 Quality of performance
The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the goods:
- the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties described by the seller or the manufacturer or that the buyer expected, taking into account the nature of the goods and on the basis of the advertising carried out by them,
- the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure or weight and
- the goods comply with the requirements of legal regulations.
6.2 Obligations of the Buyer
Before using the goods for the first time, the Buyer is obliged to carefully read the instructions for use of the goods and any warranty conditions and then strictly follow this information. The period for exercising rights from the seller's liability for defects begins to run when the buyer takes over the goods. In accordance with Section 2104 of the Civil Code, the Buyer is obliged to inspect the goods as soon as possible after taking them over and to ascertain their properties and quantity.
6.3 Defects giving rise to rights from defective performance
6.3.1 If a defect becomes apparent within six months of taking over, the goods are deemed to have been defective upon taking over.
6.3.2 The provisions of Section 2 165 of the Civil Code shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their usual use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods.
6.4 Method of exercising the right from defective performance
6.4.1 The buyer shall exercise the rights from defective performance with the seller at Dobšická 3579/15, 669 02 Znojmo, or by telephone, email, post or in person at the seller's contact points. The moment of exercising the claim shall be deemed to be the moment when the seller receives any expression of the buyer's will (by telephone, email, post or in person) aimed at exercising the rights from defective performance. The buyer is obliged to notify the seller of a defect in the goods without undue delay after it becomes apparent.
6.4.2 The seller is not obliged to satisfy the buyer's claim if it turns out that the buyer knew about the defect in the goods before taking them over, or caused the defect himself.
6.4.3 The seller is liable to the buyer in the capacity of an entrepreneur only for those defects in the goods that already existed in such goods at the time of their taking over by the buyer in the capacity of an entrepreneur. The seller is not liable to the buyer in the capacity of an entrepreneur for other defects in the goods.
6.4.4 The buyer in the capacity of an entrepreneur is entitled to exercise the right to a defect only within a period of 1 month from the taking over of the goods; however, if the date of consumption is indicated on the packaging of the goods, this period is shortened to the date indicated on the packaging of the goods.
6.4.5 If damage is detected in the case of a buyer in the position of an entrepreneur, a record of damage to the goods shall be made and the seller shall be obliged to provide an appropriate discount or deliver new goods. Later complaints of mechanical damage to the goods shall no longer be accepted.
6.5 Limitation of the seller's liability
6.5.1 After delivery, the seller shall not be liable for damage caused by improper storage or handling of the goods by the buyer.
6.5.2 The seller's liability for defects shall not apply to normal wear and tear of the goods (or their parts) caused by use.
6.6 List of the buyer's rights
When exercising rights arising from liability for defective performance, the buyer has the following rights:
- the right to free repair of the goods, if such repair is possible;
- the right to have new goods delivered or a part thereof replaced, and this right may be exercised if the delivery of new goods or a part thereof is an appropriate solution to the complaint with regard to the nature of the defect.
6.7 Complaint procedure
6.7.1 The complaint will be settled without undue delay, no later than 30 calendar days from the date of the complaint, unless the seller and the buyer agree otherwise in writing. After this period has expired, the buyer has the same rights as if it were a material breach of the purchase contract.
6.7.2 The seller will issue the buyer with a written confirmation of when the buyer lodged the complaint, what its content is and what method of settlement he requests. Furthermore, the seller will issue the buyer with a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration. In the event of a rejected complaint, the seller will issue the buyer with a written justification for this rejection.
6.7.3 The Buyer has the right to reimbursement of necessary costs incurred in connection with the exercise of rights under liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the Buyer also has the right to reimbursement of costs necessarily incurred for this withdrawal.
6.7.4 Complaints about goods are governed by the relevant provisions of the Civil Code and the Consumer Protection Act in the case of the Buyer in the position of a consumer, and by the relevant provisions of the Civil Code in the case of the Buyer in the position of an entrepreneur.
6.7.5 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
7. USER ACCOUNT
7.1 The Buyer has the option to create a user account within the online mailbox interface, which facilitates purchases. The Seller particularly recommends creating a user account for Buyers who are entrepreneurs.
7.2 The Seller may decide to grant an additional discount on ordered goods for users with an established user account. It may do so for an indefinite number of cases in the future (loyalty discount), or once. There is no legal claim to the granting of an additional discount, the Seller may revoke the granted discount until the conclusion of the purchase contract.
7.3 The user account is non-transferable. Violation of this rule may lead to the forced deletion of the user account or the obligation to return the provided discounts, if the Buyer is an entrepreneur.
7.4 There is no legal claim to the availability of the user account.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 Transfer of ownership and risk of damage to the goods
The buyer acquires ownership of the goods by paying the full purchase price of the goods. The risk of damage to the goods passes to the buyer upon receipt of the goods or, if the goods are delivered using a carrier, upon handing over the goods to the carrier for transport.
8.2 Handling of complaints
The seller handles consumer complaints via the email address getrading@getrading.eu. The seller will send information about the handling of the buyer's complaint to the buyer's email address.
8.3 Out-of-court dispute resolution
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.
8.4 European Consumer Centre
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
8.5 Performance of state administration
The seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.6 By concluding a purchase contract, the buyer, who is an entrepreneur, assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
The Seller shall fulfil its information obligation towards the Buyer pursuant to Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) relating to the processing of the Buyer’s personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the Seller’s public obligations by means of a special document published on the website.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES
10.1 The Buyer agrees to the sending of information related to the Seller’s goods, services or business to the Buyer’s email address and further agrees to the Seller sending commercial communications to the Buyer’s email address. The Seller shall fulfil its information obligation towards the Buyer pursuant to Article 13 of the GDPR relating to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
10.2 The Buyer agrees to the storage of cookies. In the event that the purchase on the website can be made and the Seller's obligations under the purchase contract fulfilled without the storage of so-called cookies on the Buyer's computer, the Buyer may revoke the consent in accordance with the previous sentence at any time.
11. DELIVERY
11.1 The Buyer may be delivered to the Buyer's electronic address.
11.2 A notification shall also be deemed to have been delivered if the addressee refused to accept it, if it was not collected within the storage period, or if it was returned as undeliverable.
11.3 The Parties may deliver ordinary correspondence to each other by electronic mail.
12. FINAL PROVISIONS
12.1 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the buyer, who is a consumer, is not deprived of the protection provided to him by the provisions of the legal order from which he cannot contractually deviate and which, in the absence of a choice of law, would otherwise apply according to the provisions of Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 Seller's contact details: delivery address Dobšická 3579/15, 669 02 Znojmo, e-mail address getrading@getrading.eu
Annex No. 1
Fill out this form, save or print it and send it back to the seller only if you wish to withdraw from the purchase contract. The form can be sent to the e-mail address getrading@getrading.eu or the printed form to the address Dobšická 3579/15, 669 02 Znojmo.
FORM FOR WITHDRAWAL FROM THE PURCHASE CONTRACT
Address: Green Energy Trading s.r.o.
I hereby declare that I withdraw from the contract for the purchase of these goods:
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Name and surname of the buyer (consumer):
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Address of the buyer (consumer):
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Date of ordering the goods: ...........................................
The purchase contract and withdrawal from the contract are governed by the terms and conditions stated
on the website www.getrading.eu
Signature of the buyer (consumer) ................................................
(only if this form is sent in paper form)
Date ...........................................................................
