1.1 These General Terms and Conditions apply to all contracts for the delivery of goods concluded with EcoTradeMarket s.r.o. in our online shop at www.mygreenway.eu
1.2 The inclusion of general terms and conditions of our customers is contradicted (except for explicit deviating individual agreements). Agents who process our customers' orders do not have the authority to conclude contracts under deviating terms and conditions.
1.3 Consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity.
1.4 Entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Conclusion of contract
2.1 The product descriptions contained in our online shop do not constitute binding offers. The submission of a binding offer is made by the customer.
2.2 The customer can submit an offer via the online order form integrated into the online shop. After placing the selected goods or services in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping basket by clicking the button that concludes the ordering process. It is also possible to submit an offer by telephone +420 792 729 421, e-mail email@example.com or post.
2.3 The customer's offer (also for telephone orders) can be accepted within five days.
• Acceptance is effected by means of a written order confirmation or an order confirmation transmitted in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer shall be decisive.
• Or the acceptance is effected by the delivery of the order, whereby the receipt of the delivery by the customer is decisive.
• Or the acceptance is effected by a payment request.
The period for acceptance of the offer shall begin on the day following the dispatch of the offer and shall end at the end of the fifth day following the dispatch of the offer. If the offer is not accepted within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 Order processing and contacting usually take place by e-mail. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that the e-mails can be received at this address. In particular, when using SPAM filters, the customer must ensure that all required e-mails can be delivered.
3. Right of revocation
Consumers are generally entitled to a right of revocation. Further information on the right of revocation can be found in our revocation instructions.
4. Prices and terms of payment
4.1 Unless otherwise stated in the product description, the prices quoted are total prices which include statutory value-added tax. If applicable, additional delivery and shipping costs will be indicated separately in the respective product description or during the ordering process.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer has several payment options available in our online shop.
• In the case of prepayment by bank transfer, payment is due immediately after conclusion of the contract.
- when choosing a payment method PayU, payment is processed through the payment service provider PayU Spolka Aksyjna (hereinafter referred to as PayU). To pay the invoice amount using the PayU payment system, the client can choose the payment method: by card or by bank transfer. A payment transaction will be carried out immediately after a successful payment and will be debited from the client’s bank account. The customer can obtain additional information about the payment method at the Internet address www.payu.com.
5. Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered to the delivery address specified by the customer. The delivery address stated in the order is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
5.2 For goods that are delivered by forwarding, the delivery is "free curbside", so up to the curb, which is closest to the delivery address. This applies, unless nothing else arises from the shipping information in the online shop and nothing else is agreed.
5.3 If the transport company returns the shipped goods to us because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipment.
• This does not apply if the customer exercises his right of revocation effectively;
• This does not apply if he is not responsible for the circumstance which led to the impossibility of delivery;
• Or this does not apply if he was temporarily prevented from accepting the service offered, unless we had announced the service a reasonable time in advance.
5.4 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
5.5 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorized to receive the goods when the goods are handed over. This does not apply if the customer himself commissions the freight forwarder, the carrier or any other legal or natural person designated to carry out the shipment. In this case, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer when the goods are handed over to the legal or natural person designated by the customer.
5.6 We reserve the right to withdraw from the contract if it becomes impossible for us to deliver the goods. However, withdrawal from the contract is only possible if we are not responsible for the non-delivery and we have concluded a concrete hedging transaction with the supplier with due care. However, we will of course first make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.7 In the case of collection by the customer, we first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can pick up the goods by arrangement with us. In this case no shipping costs will be charged.
6. Retention of title
6.1 We reserve the right of ownership of the delivered goods to consumers until the purchase price owed has been paid in full.
6.2 With respect to entrepreneurs, we reserve the ownership of the delivered goods until full settlement of all claims arising from an ongoing business relationship. In this case, the customer is entitled to resell the goods in the ordinary course of business, but the customer hereby assigns to us all claims resulting from this in the amount of the respective invoice value (including value added tax) in advance. This assignment applies regardless of whether the goods are resold without or after processing. The customer remains authorized to collect the claims until the disclosure of the assignment by us. We will not disclose the assignment and will not collect the claim as long as the customer meets his payment obligations to us, does not default on payment and no insolvency or bankruptcy proceedings are pending over his assets.
7. Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply with the following exceptions.
7.2 For entrepreneurs
• an insignificant defect fundamentally does not justify claims for defects;
• we reserve the right to choose the type of supplementary performance;
• for new goods, the limitation period for defects is one year from the transfer of risk;
• for used goods the rights and claims due to defects are excluded;
• the period of limitation does not start again if a replacement is made within the scope of the liability for defects.
7.3 For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following section.
7.4 Limitation of Liability and Reduction of Limitations under Sec. 7.2 and 7.3 do not apply
• for things that have been used for a building according to their usual use and have caused its defectiveness;
• for damages based on our intentional or negligent breach of duty attributable to us or us;
• even in the case when a defect is fraudulently concealed.
8.1 If we violate an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, except in cases of intent or gross negligence in which the legislator provides for unlimited liability.
8.2 Essential contractual obligations are obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and the observance of which the customer may regularly rely on.
9. Applicable law
All legal relationships of the parties are governed by the law of the Czech Republic, including the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10. Law and Jurisdiction
If the customer acts as a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of EcoTradeMarket s.r.o. If the customer's registered office is outside the territory of the Czech Republic, the registered office of EcoTradeMarket s.r.o. is also the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. We remain however entitled in the preceding cases to call the court at the seat of the customer.