General Terms and Conditions

Website www.earwix.com

 

1. Basic provisions

These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the company eARwix, with its registered office at Opatovická 18, 110 00, Prague 1, identification number: 70022275 (hereinafter referred to as the "Seller") are issued pursuant to § 1751 par. 1. Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").

1.2. These Terms and Conditions govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the online store at:

https://www.earwix.com (link: ESHOP - hereinafter referred to as the "online store").

1.3. The Terms and Conditions and the Purchase Agreement are primarily drawn up in the Czech language, unless the parties agree on a different language. The contractual relationship is governed by Czech law in its effective wording.

1.4 These Terms and Conditions define the relationship and the rights and obligations arising from it only between the Seller and the Buyer – a natural person, an entrepreneur and a non-entrepreneur, or a legal entity.

1.5 The seller may change or supplement the wording of the Terms and Conditions on the basis of Section 1752 of Act No. 89/2012 Coll., the Civil Code. The change in the Terms and Conditions will be notified to the Buyer via the Seller's website, specifically on the https://www.earwix.com in the Terms and Conditions, indicating the date of entry into force of the new terms and conditions and the possibility of previewing the wording of the previous ones.

The other party has the right to refuse the changes, in the case of a distance contract for re-performance, and to terminate the obligation for this reason within one month from the time of the entry into force of the new terms.

 

2. Order of goods and conclusion of the purchase contract

2.1 The presentation of the goods listed in the online store https://www.earwix.comis not an offer to conclude a contract, it is only informative in nature and the seller is not obliged to conclude a purchase contract for these goods.

2.2 The price stated for the goods is the final price for the goods. The price of the goods is valid for as long as it is displayed in the online store https://www.earwix.com

2.3 The https://www.earwix.com online store also contains information on the costs associated with packaging and delivery of goods within their delivery in the Czech Republic in a specific place. For these digital products, postage and packing are always CZK 0.

2.4 The costs associated with the packaging and delivery of goods in the territory of the Czech Republic are always stated before sending the order through the website of this online store.

2.5 Before sending the order to the seller, the buyer is allowed to change the order and modify the data he has entered into the order and check the correctness of the entered data.

2.6 The buyer's costs incurred when using means of distance communication in connection with the conclusion of the purchase contract (costs of telephone calls, costs of internet connection, etc.) on the part of the buyer shall be borne by the buyer himself.

2.7 The Buyer orders the goods in the following ways:

• the buyer "inserts" the ordered goods into the shopping cart of the online store, by pressing the "Pay and withdraw" button or by pressing the "Add to cart" button, through his user account, if he has registered in the online store in the previous step https://www.earwix.com
• the buyer "inserts" the ordered goods into the shopping cart of the online store, pressing the "Pay and withdraw" button, without the need for a customer account and registration.

2.8 The order is sent by the buyer to the seller by clicking on the "Order" button. All data specified in the order are required by the seller to be correct. The Buyer thus confirms that he has filled in all the mandatory data correctly, according to his knowledge and conscience when creating the order and by clicking on the "Order" button, he agrees to these Terms and Conditions.

2.9 All orders sent by the Buyer to the Seller are considered binding by the Seller.

2.10 Immediately after sending the order to the seller, the seller shall issue a confirmation of delivery of the order to the buyer by e-mail to the contact specified by the buyer in the order, or in the user account of the online store https://www.earwix.comwhere the buyer has registered.

This confirmation is not considered to be the conclusion of a purchase contract.

2.11 Upon delivery of the order from the Buyer, the Seller has the right to contact the Buyer in order to fill in the missing data, any change and modification of the data in the order.

2.12 If the nature of the order so requires, the seller is entitled to contact the buyer and require his cooperation to conclude the purchase contract.

2.13 The conclusion of the purchase contract between the seller and the buyer arises only upon confirmation of the order by the seller. The confirmation of the order shall be issued by the Seller to the Buyer and sent to the e-mail address communicated to him by the Buyer in the order.

2.14 In the event of a technical failure on the part of the Seller, a manifestly incorrect display of product prices or a combination of discounts causing the minimum price of the online store order, the Seller is not obliged to deliver the goods or service to the Buyer at the stated price. Even in the case of confirmation of the order or its payment by cashless payment (credit card, bank transfer, or other payment method).

2.15 These Terms and Conditions apply only to the purchase of goods through the web online store https://www.earwix.com

 

3. Price

3.1 The price for the goods and any costs associated with shipping, modification of the product (if the seller provides it directly in the online store) may be paid by the buyer in the following ways:

• cashless in advance via the Bitcoin payment system
• cash in advance according to e-mail agreement

3.2 The buyer is obliged to pay the seller the purchase price of the goods, but also the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

3.3 In the case of cashless payment, the purchase price is payable within 5 days of the conclusion of the purchase contract.

3.4 In the case of cashless payment, the buyer is obliged to pay the purchase price together with the specified variable symbol to the seller's bank account. The buyer's obligation is fulfilled by crediting the appropriate amount of the purchase price to the seller's account.

3.5 According to the provisions of § 1820 para. 1 point. b) of the Civil Code, the seller does not require the buyer to advance or other similar payment. Payment of the purchase price of the goods before its dispatch cannot be considered as a deposit.

3.6 Any price advantages and discounts on the purchase price of the goods cannot be combined with each other, unless the seller decides otherwise. The buyer is always informed about the possible combination of discounts, discounts, etc. and about the final price of the goods before sending the order.

3.7. The tax document is prepared by the seller only after the purchase price of the goods has been paid by the buyer and is delivered by the seller to the buyer at the e-mail address provided by the buyer in the order.

 

4. Delivery of goods

4.1 The costs of delivery of the goods are always stated in the order and subsequent confirmation issued by the seller according to the specified method and type of delivery.

4.2 By paying for the goods and downloading them from the https://www.earwix.com site, the buyer acquires the ownership right, including the license to use and all obligations associated with it. The license for the goods "Terms and Conditions" entitles the buyer only to normal use for his own needs. The License and product may not be redistributed or used in violation of these Terms and Conditions. Upon receipt of the goods by the buyer, the risk of damage to the goods passes to the buyer.

4.3 The goods are delivered to the buyer:

1. a) via a link in an e-mail message sent by the Seller
2. b) through the site https://www.earwix.com in the encrypted section.

4.4 The Seller will inform the Buyer about the possibility of withdrawing the goods by sending a message to the e-mail address or by phone call.

 

5. Customer Account

5.1 The Buyer, who registers in the online store https://www.earwix.com, can gain access to the user account, from which he can create orders for goods. If the functionality of the store allows ordering goods without registration, the buyer can also order goods without registration.

5.2 When registering for a user account and ordering goods, the buyer is obliged to provide correct and truthful information. In the event of a change in the data, the buyer is obliged to update this data in the user account, or to immediately report this change to the seller. The data filled in by the buyer are considered the only and correct.

5.3 Access to the user account is protected by a username and password. The buyer is obliged to maintain confidentiality and the buyer may not provide this data to a third party, if he does so, then only on his own responsibility. The website operator https://www.earwix.com stores access data to the Buyer's account in encrypted form.

5.4 The Seller is not responsible for any misuse of the user account by a third party.

5.5 The Seller reserves the right to cancel the Buyer's user account, especially if the Buyer does not actively use it for a demonstrably longer period than 24 months. Alternatively, if the buyer breaches the obligations of the purchase contract and these general terms and conditions or other business agreements with the website operator https://www.earwix.com

5.6 The operator of the website https://www.earwix.com is not obliged to ensure the continuous operation of user accounts, especially for planned shutdowns, updates or breakdowns and is not liable for data, information and problems of third parties.

 

6. Withdrawal from the purchase contract

6.1 According to the provisions of Section 1837 of the Civil Code, the buyer may not withdraw from the purchase contract in the following cases:

• the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,
• the supply of goods which have been modified according to the wishes of the consumer or for his person, or
• the supply of digital content, if it was not delivered on a tangible medium and was delivered with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract.

6.2 If the cases referred to in paragraph 6.1 of these General Terms and Conditions for withdrawal from the Purchase Contract do not apply, the Buyer is entitled under § 1829 par. 1 of the Civil Code, withdraw from the purchase contract within 14 days of receipt of the goods.

6.3 If the order is divided or contains several parts (or goods) that are delivered within a time interval, the withdrawal period from the purchase contract begins to run from the delivery of the last part (goods).

6.4 Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days from receipt of the last part or goods of the order).

6.5 In the event of withdrawal from the purchase contract pursuant to § 1829 para. 1 of the Civil Code, the seller will return the received funds to the buyer within 14 days of receipt of the goods. The seller is not obliged to return the received funds to the buyer before the goods are delivered back to the seller, or otherwise according to the agreement with the buyer.

6.6 The Buyer shall return to the Seller the goods that must not be damaged, must not show signs of excessive use and must not be contaminated or otherwise degraded. If possible, the buyer will also return the goods in the original packaging.

6.7 If the Seller's offer includes several options for delivery of the goods, when withdrawing from the contract and returning the goods back to the Seller, the amount of postage according to the cheapest method of delivery according to the given variant is always refunded to the Buyer. This amount is then returned by the seller to the buyer, against the buyer's claim for a refund of the purchase price.

6.8 The funds will be returned to the Buyer in the same way as the Seller has accepted them, unless otherwise agreed with the Buyer.

6.9 If the order includes a gift from the seller, by withdrawing from the purchase contract, the buyer is not obliged to return this gift to the seller.

6.10 Withdrawal from the purchase contract must be sent to the seller to the delivery address specified in these terms and conditions or to the e-mail address: eshop@earwix.com. The seller shall immediately confirm the acceptance of withdrawal from the purchase contract to the buyer in case of compliance with the specified conditions.

6.11 To withdraw from the purchase contract, it is possible to use the form provided by the seller.

6.12 In the event of withdrawal from the purchase contract, the buyer loses the license right to use the purchased items (model contracts, model terms and conditions drawn up using the earwix.com website for a specific natural or legal person) and their further use is expressly prohibited.

6.13 The seller is entitled to withdraw from the purchase contract until the moment of receipt of the goods by the buyer. It may do so in several cases, such as the need to modify virtual goods, due to the unavailability of the goods and other cases arising from a third party.

6.14 In the event of withdrawal from the purchase contract by the seller, the seller shall immediately inform the buyer via e-mail address, telephone or other communication channel. All received funds, including shipping costs from the buyer, will be returned by the seller in the same way or in another way specified by the buyer.

 

7. Rights from defective performance

7.1 The rights arising from defective performance are governed by the provisions of Sections 1914 to 1925, Sections 2099 to 2117, sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection.

7.2 The seller is liable to the buyer that the thing has no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the thing,

• the thing has properties that the parties have agreed and, in the absence of an arrangement, such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
• the item is suitable for the purpose stated by the seller for its use or for which the item of this type is usually used,
• the item corresponds to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
• the item is in the appropriate quantity, measure or weight,
• the goods comply with the requirements of legal regulations.

7.3 If the defect occurs within six months of receipt, it is considered that the item was defective at the time of receipt.

7.4 If the nature of the goods or services so permits, the buyer has the right to inspect or demonstrate the function of the product.

7.5 If the buyer has not notified the defect without undue delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not notified without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after handing over the thing.

7.6 If there is a defect in the goods for which the goods cannot be used in the usual way, the buyer may exercise the right of defective performance ("complaint") from the seller and demand:

• removal of the defect by delivery of a new item without a defect or delivery of the missing defect
• a reasonable discount on the purchase price,
• removal of the defect by repairing the thing
• withdrawal from the contract.

7.7 The Buyer is entitled to withdraw from the Purchase Contract if the goods:

• has a substantial defect which makes it impossible to use it in the usual way,
• if the goods cannot be used due to recurrent defects as well as defects/defects after repair,
• with a larger number of defects (3 or more defects).

7.8 The Buyer shall inform the Seller in writing which right he has chosen when notifying the defect or without undue delay after notifying the Seller of the defect. The buyer cannot change the choice made without the seller's consent; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable.

7.9 Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may deliver what is missing or remove the legal defect. Other defects may be removed by the seller at his choice by repairing the item or delivering a new item; the choice must not impose unreasonable costs on the buyer.

7.10 The buyer may not exercise the right of defective performance if he knew about the defect at the time of receipt or if he caused it himself.

7.11 The Seller is obliged to accept the complaint at the address of the establishment or at the registered office and place of business, if the nature and type of goods allows it.

7.12 The Seller shall notify the Buyer in writing of the outcome of the complaint.

7.13 The Buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months of receipt of the goods. However, in the case of goods with a specified use-by date, in which case the period shall be reduced to the use-by date indicated on the packaging.

7.14 If the buyer did not notify the defect of the item in time, he loses the right to withdraw from the contract.

 

8. Out-of-court dispute resolution

8.1 Mutual disputes between the Seller and the Buyer are resolved by ordinary courts.

8.2 Pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, the Buyer has the right to an out-of-court settlement of a consumer dispute arising from the purchase contract. The entity authorized to carry out out-of-court dispute resolution is the Czech Trade Inspection Authority (abbreviated CTIA) at Štěpánská 567/15, 120 00 Prague 2 – Nové Město. How to proceed in the case of out-of-court settlement of consumer disputes, including the possibility of a proposal, can be found on the https://www.coi.cz/ https://www.coi.cz/informace-o-adr/ website.

8.3 Assistance in the case of cross-border out-of-court settlement of consumer disputes is provided by the European Consumer Centre Czech Republic (abbreviated as ESC CR). The contact address of ESC ČR is Štěpánská 567/15, 120 00 Prague 2 – Nové Město. Advice and information on individual markets, including the out-of-court consumer dispute resolution platform, can be found on the https://evropskyspotrebitel.cz/and https://ec.europa.eu/consumers/odr/main/ websites.

 

9. Final provisions

9.1 The arrangements arising from these Terms and Conditions and the purchase contracts concluded between the Buyer and the Seller, in the event of the entry of a foreign entity, are subject to the laws of the Czech Republic. However, this is without prejudice to the buyer's rights under Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).

9.2 In the event of force majeure or any other outage of the online store, the seller is not responsible for the impossibility of fulfilling the order.

9.3 In the Purchase Contract, it is possible to negotiate deviating arrangements, which then take precedence over the provisions of these Terms and Conditions.

9.4 The Seller reserves the right to change or supplement these Terms and Conditions. However, this provision is without prejudice to the rights and obligations under the previous version of the General Terms and Conditions.

These Terms and Conditions come into effect on 25.10.2019.

 

10. Complaints Procedure

10.1 This Complaints Procedure is an integral part of the General Terms and Conditions of the online store https://www.earwix.com, and defines the basic conditions and method of complaint of defects in the goods by the buyer.

This Complaints Procedure is based on the provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection. This Complaints Procedure defines the relationship between the seller and the buyer – a natural person non-entrepreneur who concludes a contract exclusively outside the scope of his business activity or independent exercise of his profession.

10.2 The Buyer is obliged to familiarize himself with the General Terms and Conditions and the Complaints Procedure before ordering the goods, but at the latest the Buyer shall familiarize himself with them before sending the order in the online store https://www.earwix.com, when the buyer confirms his agreement with their understanding and familiarization with them by ticking the appropriate box when creating the order itself. Without checking this field, it is not possible to send the buyer's order. The operator of the website https://www.earwix.com records the orders of the Buyers, also records the ticking of the specified field.

10.3 The conclusion of the purchase contract and the acceptance of the goods by the buyer is considered to be an agreement with the Complaints Procedure and the Terms and Conditions.

10.4 The Buyer is obliged to prove the purchase of goods in the online store https://www.earwix.com in particular by a tax document issued by the Seller.

10.5 In order to speed up the complaint process, the Buyer may describe the defects in the goods and choose the method of settling the complaint.

10.6 If the order is divided or contains several parts (or goods) that are delivered within a time interval, the withdrawal period from the purchase contract begins to run from the delivery of the last part (goods). Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days from receipt of the last part or goods of the order).

10.7 The Seller is liable to the Buyer that the item has no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the thing,

• the thing has properties that the parties have agreed and, in the absence of an arrangement, such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
• the item is suitable for the purpose stated by the seller for its use or for which the item of this type is usually used,
• the item corresponds to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
• the item is in the appropriate quantity, measure or weight,
• the goods comply with the requirements of legal regulations.

10.8 If a defect occurs within six months of receipt, it is considered that the item was defective at the time of receipt.

10.9 The Seller is obliged to accept the complaint at the address of the establishment or at the registered office and place of business, if the nature of the goods allows it. The address for receiving a complaint of goods is: eshop@earwix.com

10.10 The Seller shall notify the Buyer in writing of the receipt of the goods for complaint and of the outcome of the complaint.

10.11 This Complaints Procedure regulates the complaint of defects that occur in the goods within twenty-four (24) months of receipt, or within the quality guarantee (for example, extended warranty).

10.12 This Complaints Procedure does not regulate goods with the stated date of consumption within the meaning of the provisions. No. 10.15 of these Terms and also of the Digital Products.

10.13 If the seller does not remove the defect in time or refuses to remove the defect, the buyer may request a discount on the purchase price or may withdraw from the purchase contract.

10.14 The Buyer may file a complaint and, at his option, request a settlement according to the points in paragraph 6.6 of the Seller's Terms and Conditions.

10.15 The Buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months of receipt. However, in the absence of goods with a specified use-by date, in which case the period shall be reduced to the use-by date indicated on the packaging.

10.16 If the Buyer so requests, the Seller shall confirm to him in writing to what extent and for how long his obligations in the event of defective performance last. The Seller has obligations arising from defective performance at least to the extent that the obligations arising from the defective performance of the manufacturer persist.

10.17 If necessary, the Seller shall explain in a comprehensible manner in a comprehensible manner the content, scope, conditions and duration of its liability and the way in which the rights arising from it can be exercised. In the confirmation, the seller shall also state that the buyer's other rights related to the purchase of the item are not affected.

Failure to comply with these obligations shall not prejudice the validity of the certificate.

 

This Complaints Procedure comes into effect on 1 January 2023.