Legal

Terms and Conditions

  1. Preliminary Provisions

These Terms and Conditions govern the purchases of goods and services made via the e-shop located on the website www.evanellion.eu (E-shop), which is operated by Evanellion s.r.o., c.p. 61, 37384 Kvitkovice, Czech Rep., email: info@evanellion.eu, phone: +420 605 907 723. Business ID: 07117884 (Seller). Evanellion s.r.o. is registered in the Commercial Register kept by the Territorial Court in Ceske Budejovice, Section C, File Entry 27579.

All contractual relationships are entered into in accordance with the legal code of the Czech Republic, which complies with EU legislation. If the contracting party is an individual consumer, those relationships not covered by these Business Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code), and Act No. 634/1992 Coll., the Consumer Protection Act, as amended. If, however, the contracting party is not a private consumer, all relationships that are not covered by these Business Terms and Conditions are governed by the Civil Code. By accepting these Business Terms and Conditions, the individual or entity expresses their consent with using means of remote communication.

  1. Definition of Other Basic Terms

  • Purchase Agreement For the purposes of these Business Terms and Conditions, the Purchase Agreement is understood to be either an agreement for the purchase of goods or an agreement for the provision of services.
  • Buyer Any e-shop customer who purchases the Seller’s Goods and/or Services.
  • Business Terms and Conditions These Business Terms and Conditions, always in the valid version published as of the day an Order is placed via the E-shop.
  • Order An order place by the Buyer via the Seller’s website.
  • Consumer A consumer is any individual enters into an agreement or otherwise deals with the business entity outside of the framework of business activities or the performance of their trade.
  • Goods Any of the tangible movable items offered for sale via the Seller’s E-shop, which the Seller sells to the Buyer
  • Services Any of the services, consisting primarily of account use, counselling etc.
  1. Purchase Agreement

3.1. Purchase Agreement originates at the time the Buyer places an Order: The Seller advertises Goods and Services on the E-shop website. A Purchase Agreement originates at the time the Buyer submits and pays for an Order. The Seller shall confirm the acceptance of the Order by means of a confirmation sent to the Buyer’s e-mail address as specified in the Order. The Purchase Agreement may be modified or cancelled on the basis of a mutual agreement between both parties or for legal reasons. The Buyer submits the order to the Seller by paying the order through PayPal.

3.2. The Buyer agrees that remote communication shall be used at the time the Purchase Agreement is made.

3.3. Binding Nature of the Business Terms and Conditions. The Buyer is bound by these Business Terms and Conditions immediately starting at the moment the completed Order is submitted. At the time the Purchase Agreement is made, the Buyer is always (re)acquainted with the valid version of the Business Terms and Conditions, and the Buyer must express their consent with the Business Terms and Conditions prior to submitting their Order. By confirming and submitting the Order, the Buyer declares that they are familiar with the valid Business Terms and Conditions.

3.4. Accounts. Creating an account during the ordering process is optional. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

  1. Rights Associated with Defective Performance

4.1. The rights and obligations of the contracting parties associated with defective performance are governed by the relevant generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, Sections 2009 to 21117, and Section 2161 to 2174 of the Civil Code).

4.2. The Seller is liable to the Buyer that the item will be without any defects at the time it is handed over. In particular, the Seller is liable to the Buyer for the following at the time that the Buyer takes over the item:
– The Goods have the characteristics as agreed by the parties or, if no specific agreement was made, the item has the characteristics described by the Seller or those expected by the Buyer, taking into account the nature of the Goods, and on the basis of the advertisement of the Goods.
– The Goods are suitable for the purposes as specified by the Seller or for the purposes that the particular type of Goods is generally used.
– The Goods are provided in the appropriate (ordered) quantity and size.
– The Goods are in compliance with the requirements laid down in legal regulations.

4.3. If the item does not have the characteristics specified above, the Buyer has the right to request the delivery of a new defect-free item, under the condition that this expectation is reasonable taking into account the nature of the defect.

4.4. The Buyer shall exercise the rights associated with defective performance at the Seller’s email: info@evanellion.eu. The Buyer shall describe the nature of the defect supported by the photo evidence of the defect, and if not communicating from the same email address as the order was placed, also order ID. The Buyer may use the complaint form mentioned below, but the handling of the complaint by the Seller is not dependent on filling up this form.

Defective Performace Complaint:

To the Seller:
Evanellion s.r.o., c.p. 61, 37384 Kvitkovice, Company ID: 07117884, info@evanellion.eu

Identification of the Buyer:

  • date and ID of the purchase
  • defect description + photos of defect

4.5. Unless the Seller and the Buyer agree otherwise, the complaint, including any defects, will be processed without any undue delay within no more than thirty (30) calendar days of the date the complaint is lodged. The Seller shall confirm the date on which this right is exercised as well as the repairs that are made and the elapsed time in writing. The postage expended on delivery of a new defect-free item is paid by the Seller.

  1. Order Cancellation

The Seller reserves the right to refuse to accept or to cancel an Order or a part of an Order in the following situations:

  • The Goods are no longer produced or delivered;
  • The Service cannot be provided or the Goods cannot be delivered due to a force majeure event;
  • The customer has not paid the purchase price as specified on the Order;

If the full purchase price or any part thereof has already been paid, this amount will be refunded to the person who paid it.

  1. Purchase Price and Reservation of Ownership Rights

The current price of the Goods and Services, is always specified on the Seller’s website. The price of the Goods and Services specified on the Seller’s website on the day the Order is placed is always used to determine the final price of the Goods for the end-customer. In accordance with Section 2132 of the Civil Code, the Buyer acquires the ownership rights to the delivered goods only after the purchase price for the Goods has been paid in full.

  1. Payment Terms

The Seller reserves the right to change the price of the Goods and Services. The price valid at the time the Order is placed (i.e. the current price specified at that time on the Seller’s website) remains valid when the Purchase Agreement is made. The Buyer is obliged to pay the purchase price for the Goods.

  1. Payment Methods

The payment method options are as follows:

  • Electronic funds transfers using the Paypal payment system.
  1. Delivery Terms

9.1. Delivery Time-frame

The Goods will be shipped according to the availability of the product within the shortest possible time, generally within 2 working days.

9.2. Shipping Address

The shipping address is specified in the Order placed by the Buyer. The delivery will be considered to have been completed at the time the goods are delivered to the address specified in the Order. The Seller will ensure delivery to the specified address. The tax document (invoice) will be sent to the e-mail specified in the Order.

9.3. Transport of the Goods

The Seller arranges for the worldwide shipment of the goods. The packing and shipping costs are fully borne by the Buyer at flat rate of 8 EUR.

9.4. Transport methods:

  • Registered letter sent by Czech Post.
  1. Withdrawal from the Purchase Agreement

10.1. Order Cancellation

The Buyer and the end customer have the right to cancel the Order at any time prior to the shipment of the goods without any penalties applied by the Seller.

10.2. Buyer’s Revoking from a Purchase Agreement Entered into via Remote Communication

10.2.1 In accordance with Section 1829 (1) of the Civil Code, a Buyer may revoke without cause the Purchase Agreement within fourteen (14) days of the date the Goods are delivered and there will be no penalties applied. In such situations the Buyer shall contact the Seller via an e-mail sent to info@evanellion.eu, wherein the Buyer specifies that they are revoking from the Purchase Agreement, the Order number and the date of purchase.

10.2.2. For the purpose of revoking from the Purchase Agreement, the Buyer may also use the sample form provided by the Seller in accordance with Section 1820 (1)(f) of the Civil Code. The Buyer should send the completed sample form to the Seller’s e-mail info@evanellion.eu. Handling of the revoking by the Seller is not dependent on filling up this form.

Revoking of the Purchase Agreement within 14 days:

To the Seller:
Evanellion s.r.o., c.p. 61, 37384 Kvitkovice, Company ID: 07117884, info@evanellion.eu

Identification of the Buyer:

  • date and ID of the purchase
  • Specify whether you revoke from the whole purchase or just from a part

10.2.3. The provisions of Section 1829 (2) of the Civil Code may not however be considered as the possibility of a free loan of the Goods. If the Buyer exercises their right to revoke from the Purchase Agreement within fourteen (14) days of the date the Goods are delivered, the Buyer must return to the Seller everything that they obtained on the basis of the Purchase Agreement. The Buyer is obliged to send the Goods to the Sellers address. The Goods that the Buyer sends back to the Seller’s address must not show any sign of use, they must be undamaged and complete (including all accessories, the warranty certificate, instructions, etc.) with no safety seals broken. All the Goods that is sold by the Seller has a character of intimate products and after breaking the safety seals no revoking right can be exercised.

10.2.4. In the event of revoking from the Purchase Agreement takes place in accordance with Point 10.2. of these Terms and Conditions, the entire Purchase Agreement is cancelled from the beginning. The Goods must be returned to the Seller within fourteen (14) days from the date of revoking from the Purchase Agreement. If the Buyer revokes from the Purchase Agreement, the Buyer bears all of the costs associated with returning the goods to the Seller in accordance with Section 1820 (1)(g) of the Civil Code.

10.2.5. If the Buyer revokes from the Purchase Agreement, in accordance with Section 1832 (4) of the Civil Code, the Seller is not obliged to refund the received monies to the Consumer prior to the time that the Consumer returns the Goods to the Seller.

10.2.6. If the notice of revoking from the Purchase Agreement is not sent to the Seller within fourteen (14) days after the Goods delivery in accordance with Section 1818 of the Civil Code, the revoking from the Purchase Agreement is invalid.

10.2.7. If the Goods are returned to the Seller in a damaged or incomplete condition or with their value reduced in any other way, even as a result of standard use, the Seller has the right to request the Buyer for compensation for the decreased value of the returned Goods in accordance with Section 1833 of the Civil Code. This in no way affects the Buyer’s right to withdraw from the Purchase Agreement without any penalties. All the Goods that is sold by the Seller has a character of intimate products and after breaking the safety seals no revoking right can be exercised.

10.2.8. The Buyer can not withdraw from the purchase agreement concluded with the Seller in a distance manner, in accordance with Section 1837 of the Civil Code, especially if the Goods were delivered in a sealed package that the Consumer removed from the package and for hygienic reasons it can not be returned (Section 1837 (g) of the Civil Code).

10.3. In accordance with the provisions of Section 1837 of the Commercial Code, the Consumer does not have the right to withdraw from the Purchase Agreement in, amongst other cases, the following situation: The Goods were delivered in sealed packaging from which the Buyer removed the Goods and it is not possible to return the Goods for hygienic reasons.

  1. Warranty

The Seller provides a twenty-four (24) month warranty for the Goods sold via the E-shop whereby the warranty period starts at the time the Goods are taken over by the Buyer

  1. ODR

Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.

  1. Termination

13.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

13.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13.3. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

13.4. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

13.5. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Concluding Provisions

All contractual relationships entered into by the Seller as the first party and the Buyer as the second party are governed by the legal code of the Czech Republic, these Terms and Conditions, an any other relevant regulations of the Seller with which the applicable person has expressed their consent. Should any of the provisions of these Business Terms and Conditions become invalid or unenforceable, this shall have no effect on the validity and enforceability of the remaining provisions contained in these Business Terms and Conditions.

These Terms and Conditions enter into force on 7th May 2019.