Terms and Conditions

Introductory Provisions

These Terms and Conditions apply to purchases in the online store Airjoys, operated by the business company Digital Vent Technologies s.r.o., with registered office at Velflíkova 4, 160 00 Prague 6, Company ID 10888276, VAT ID: CZ10888276, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 350206.

Digital Vent Technologies s.r.o. is the exclusive commercial representative of ELSYMCO s.r.o., Company ID 28505026, with registered office at K Roztokům 321/34, 165 00 Prague 6.

Contact Information:

Phone: +420 725 555 031, +420 725 555 131

Email: info@elsymco.com

Delivery address / showroom: ELSYMCO, Velflíkova 4, Prague 6 160 00.

Operating hours: Mon – Fri 9 AM – 4 PM

These Terms and Conditions regulate, in accordance with the provision of Section 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller or another natural person (hereinafter referred to as the “buyer”) through the seller’s online store. The online store is operated by the seller on a website located at the internet address www.elsymco.cz (hereinafter referred to as the “website”), through the website interface.

Definition of Terms

Consumer contract is a purchase contract, work contract, or other contracts, where the contracting parties are a consumer on one side and a supplier on the other side.
Seller is a person who acts within the scope of their business or other entrepreneurial activity when concluding and fulfilling the contract. It is an entrepreneur who supplies products or provides services to the buyer directly or through other entrepreneurs.
Consumer buyer or simply consumer is a natural person who does not act within the scope of their business or other entrepreneurial activity or within the independent exercise of their profession when concluding and fulfilling the contract. They have the right to withdraw from the contract under the conditions specified below.
Buyer who is not a consumer (hereinafter referred to as “non-consumer buyer”) is a person who acts within the scope of their business or other entrepreneurial activity or within the independent exercise of their profession when concluding and fulfilling the contract. They do not have the right to withdraw from the contract as a consumer, they only have the right to exchange goods under the conditions specified below.
User account is a web interface from which the customer places orders for goods on the website www.elsymco.cz

The Terms and Conditions are an integral part of the purchase contract.
The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods within the scope of their business activity or within the independent exercise of their profession.
Provisions deviating from the Terms and Conditions may be agreed upon in the purchase contract. Deviating agreements in the purchase contract take precedence over the provisions of the Terms and Conditions.
The seller may change or supplement the wording of the Terms and Conditions. This does not affect the rights and obligations arising during the validity of the previous wording of the Terms and Conditions.

User Account

All orders placed through the online store www.elsymco.cz are binding. By submitting an order, the buyer confirms that they have read and agree with these Terms and Conditions as well as the Complaints Procedure (www.elsymco.cz/reklamace/).
Based on the buyer’s registration performed on the website www.elsymco.cz, the buyer may access their user interface. From their user interface, the buyer may order goods. If the web interface allows it, the buyer may also order goods without registration directly from the store’s web interface.

When registering on the website and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding information necessary for access to their user account and is not authorized to allow third parties to use the user account.
The seller may cancel the user account, particularly in cases where the buyer has not used their user account for more than 5 years, or in cases where the buyer violates their obligations under the purchase contract, including the Terms and Conditions.
The buyer acknowledges that the user account may not be available continuously, particularly with regard to necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.

Order and Conclusion of Purchase Contract

All product presentations placed in the e-shop web interface are of an informative nature and the seller is not obliged to conclude a purchase contract regarding such goods. The provision of Section 1732 paragraph 2 of Act No. 89/2012 Coll. Civil Code does not apply.
The store’s web interface contains information about goods, including the indication of prices for individual goods. Goods prices are stated including VAT and all related fees, except for fees associated with packaging and shipping. These costs are stated separately in the web interface and apply only if the goods are delivered within the territory of the Czech Republic. Goods prices remain valid for the period during which they are displayed in the store’s web interface. This does not limit the seller’s possibility to conclude a purchase contract with the buyer under individual conditions.

Method of Ordering Goods

To order goods, the buyer fills out an order form in the store’s web interface.
Before sending the order to the seller, the buyer is allowed to check, change, and correct the information they entered into the order. The buyer sends the order to the seller by clicking the “order” button.
The information stated in the order is considered correct by the seller. The seller immediately confirms receipt of the order to the buyer by email to the buyer’s email address stated in the user account or in the order.
Sending an order is considered such an act by the buyer that unambiguously identifies the ordered goods, purchase price, the buyer’s identity, method of payment of the purchase price, and constitutes a binding proposal for a purchase contract for the contracting parties.
The place of goods delivery is the address stated by the buyer in the registration form.
A condition for the validity of an order is filling out all mandatory information in the order form, familiarization with these Terms and Conditions on the website, and the buyer’s confirmation that they have familiarized themselves with these Terms and Conditions. The seller is always entitled to request additional confirmation of the order from the buyer, depending on the nature of the order.
The contractual relationship between the seller and the buyer arises only upon delivery of the order acceptance that the seller sent to the buyer by email to the buyer’s email address.
The contract is concluded in Czech language; unless circumstances on the seller’s or buyer’s side prevent it, the contract may also be concluded in another language comprehensible to the parties.
In case the seller cannot fulfill any of the requirements stated in the order, they will send the buyer a modified offer to the buyer’s email address with indication of possible order variants and request the buyer’s position.
A modified offer is considered a new proposal for a purchase contract and the purchase contract is concluded in such case only upon the buyer’s acceptance via email.
The buyer agrees to the use of distance communication means when concluding the purchase contract. The costs thus incurred by the buyer are borne by the buyer.

Withdrawal from Purchase Contract

The consumer buyer has the right to withdraw from the contract without giving reasons within fourteen (14) days from the day of taking over the goods. For the purpose of exercising the right to withdraw from the contract, the consumer buyer must inform the seller, the business company ELSYMCO s.r.o., represented by the exclusive commercial representative, the company Digital Vent Technologies s.r.o., with registered office at Velflíkova 4, 160 00 Prague 6, Company ID 10888276, VAT ID: CZ10888276, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 350206.
At the link on the seller’s website www.elsymco.cz/odstoupení-od-kupní-smlouvy.pdf, the consumer buyer can download a sample form in PDF format, fill it out and send it to the email address info@elsymco.com or send the required information through the contact form on the page www.elsymco.cz/kontakt/.

In case of withdrawal from the purchase contract according to the Terms and Conditions, the purchase contract is canceled from the beginning and the parties are obliged to return their performances to each other. The goods must be returned to the seller within fourteen (14) days from the buyer’s withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.
In case of withdrawal from the contract according to the Terms and Conditions, the seller returns the monetary funds received from the buyer within fourteen (14) days from delivery of the goods that were the subject of the purchase contract, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the buyer’s return of the goods, or in another manner, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before the buyer returns the goods or proves that they sent the goods to the seller.
The seller is entitled to unilaterally offset the claim for compensation for damage incurred on the goods against the buyer’s claim for return of the purchase price.
Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such case, the seller returns the purchase price to the buyer without undue delay, by bank transfer to an account designated by the buyer, or to the account from which the seller received payment for the goods.
If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a resolutive condition that if the buyer withdraws from the purchase contract, the gift contract regarding such gift loses effect and the buyer is obliged to return the provided gift to the seller together with the goods.
The seller reserves the right to cancel an order according to Sections 2006 – 2009 of the Civil Code. In case this situation occurs, the seller will immediately contact the buyer by phone or email for the purpose of agreeing on further procedure (replacement of ordered goods with other goods, order cancellation, etc.)
A buyer who is not a consumer, i.e., one who stated a Company ID and VAT ID on the order, does not have the right to return goods (withdraw from the contract), they only have the right to exchange goods within 14 days from delivery of the goods, unless the parties agree otherwise.
The consumer buyer cannot, in accordance with Section 1837 of the Civil Code, withdraw particularly from a contract:

for the provision of services, if they were fulfilled with their prior express consent before the expiration of the withdrawal period and the seller informed the consumer before concluding the contract that in such case they do not have the right to withdraw from the contract,
for the supply of goods or services whose price depends on financial market fluctuations independent of the seller’s will and which may occur during the withdrawal period,
for the supply of goods that are subject to rapid deterioration, as well as goods that were irreversibly mixed with other goods after delivery,
for the supply of goods in sealed packaging that the consumer removed from the packaging and for hygienic reasons cannot be returned,
in case of over-the-counter sales directly at the store (without an existing order from the e-shop),
for the delivery of digital content, if it was not delivered on a physical medium and was delivered with the consumer’s prior express consent before the expiration of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case they do not have the right to withdraw from the contract.
for the delivery of goods or products made to order, or which were modified according to the buyer’s wishes

Goods can be returned in the following ways:

deliver after prior agreement to the ELSYMCO company showroom, Velflíkova 4, Prague 6 160 00.
send without cash on delivery to the address ELSYMCO, Velflíkova 4, Prague 6 160 00

Goods Price

The prices of offered goods and services are valid at the time of ordering and are final, i.e., including VAT. Packaging and shipping costs will be added to the goods price, and unless expressly stated otherwise, the purchase price also includes costs associated with goods delivery.
The seller reserves the right to correct the goods price before shipping the goods if they discover that the goods were offered at an incorrect price. In such case, the seller must inform the buyer about the correct price and the buyer must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be canceled by the seller.
Payment Methods:

payment card
online bank transfer

PayPal
cash on delivery (cash upon receipt of goods). You will pay for the goods upon delivery directly to the carrier (GLS).
cash upon personal pickup at the Elsymco s.r.o. showroom, Velflíkova 4, Prague
payment card upon personal pickup – at the Elsymco s.r.o. showroom, Velflíkova 4, Prague 6

Delivery Method, Delivery Costs

Delivery is provided by the shipping company GLS. Goods are delivered to the address specified by the customer, the customer is informed about the shipment by email and SMS. Delivery is provided on working days during regular business hours.
Delivery times are only indicative and depend on the current situation and capacity

of individual shipping companies.

Orders worth over 950 CZK are delivered by courier service free of charge (when selecting the standard shipment option).
The seller always informs the customer about the shipment by message to their email address and mobile phone (if provided when submitting the order). If the ordered goods are not in stock, the seller contacts the customer by phone and suggests further procedure, e.g., replacement of ordered goods with other goods, extension of delivery time, or withdrawal from the contract.
Tax document – invoice is sent to the customer on the day of shipment to the contact email address they provided when submitting the order, or which is stated in their user account.

Transportation and Delivery of Goods

In case the method of transportation is agreed based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transportation.
If the seller is obliged according to the purchase contract to deliver goods to a place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
In case it is necessary to deliver goods repeatedly or in a different manner than stated in the order due to reasons on the buyer’s side, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with a different method of delivery.
When taking over goods from the carrier, the buyer is obliged to check the integrity of the goods packaging and in case of any defects, immediately notify the carrier and the seller. In case of finding packaging damage indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
Additional rights and obligations of the parties during goods transportation may be regulated by special delivery conditions of the seller, if issued by the seller.
If the buyer is a consumer, their right to file a complaint is not affected in any way (www.elsymco.cz/reklamace/).

Rights and Obligations from Defective Performance

The rights and obligations of the contracting parties regarding rights from defective performance are governed by relevant generally binding regulations (particularly provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on consumer protection, as amended).
The seller is liable to the buyer that the goods have no defects upon takeover. This does not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of goods caused by their usual use, for used or displayed goods for a defect corresponding to the degree of their use or wear and tear that the goods had when taken over by the buyer, or if it follows from the nature of the goods.
The buyer’s right from defective performance is established by a defect that the item has at the time of transfer of risk of damage to the buyer, even if it manifests itself later. The buyer’s right is also established by a defect that arose later and was caused by the seller’s breach of their obligation.
If defective performance constitutes a material breach of contract, the buyer has the right:

to removal of the defect by delivery of a new item without defects or delivery of the missing item,
to removal of the defect by repair of the item
to a reasonable discount from the purchase price,
to withdraw from the contract.

When notifying the defect, or without undue delay after such notification, the buyer shall inform the seller which right he has chosen. The buyer may not change the choice made without the seller’s consent; this does not apply if the buyer requests a repair of a defect that proves to be irreparable. If the seller does not remedy the defects within a reasonable period or informs the buyer that the defects will not be remedied, the buyer may demand a reasonable discount on the purchase price instead of defect removal, or may withdraw from the contract.

If the defective performance constitutes a non-material breach of contract, the buyer has the right to have the defect remedied or to a reasonable discount on the purchase price.
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. The seller may remedy other defects, at his discretion, by repairing the item or delivering a new item; the choice must not cause the buyer disproportionate costs.
If the seller fails to remedy the defect in the item in a timely manner or refuses to remedy the defect in the item, the buyer may demand a discount on the purchase price or may withdraw from the contract. The buyer may not change the choice made without the seller’s consent.
The buyer may neither withdraw from the contract nor demand delivery of a new item if the item cannot be returned in the condition in which it was received.

Claims and product warranty

The manufacturer provides a 24‑month warranty on the product, unless a longer warranty is stated for a particular item, and a 24‑month warranty on spare parts installed by a professional service company. The warranty does not cover wear and tear from normal use of products or damage caused by improper handling. The warranty terms, non-conformity with the purchase contract, and the complaints process—exercise of rights arising from defective performance—are detailed in the complaints policy (www.elsymco.cz/reklamace/).
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform available at ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase contract.
The buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

Personal data protection

The seller fulfills his information obligation towards the buyer within the meaning of Article 13 of Regulation (EU) 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 “GDPR”), related to the processing of the buyer’s personal data for the purposes of performing the purchase contract, negotiating this contract, and fulfilling the seller’s public-law obligations, by means of a separate document.

Final provisions

These Terms and Conditions, as published on the seller’s website, apply on the day the buyer submits the electronic order, which the buyer accepts without reservation.
Documents will be delivered to the buyer to the email address stated in the buyer’s user account or provided by the buyer in the order.
If the relationship established by the purchase contract contains an international element, the parties agree that this commercial relationship shall be governed by Czech law. The choice of law under the preceding sentence does not deprive the buyer who is a consumer of the protection afforded by provisions of the legal order from which contractual derogation is not possible and which, in the absence of a choice of law, would otherwise apply under 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).
Pursuant to Section 7(2) of Act No. 480/2004 Coll., on certain information society services and amending certain acts (the Act on Certain Information Society Services), as amended, the buyer agrees to the sending of commercial communications by the seller to the buyer’s email address or telephone number. The seller fulfills his information obligation towards the buyer within the meaning of Article 13 of the GDPR related to the processing of the buyer’s personal data for the purposes of sending commercial communications by means of a separate document.
If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, a provision whose meaning most closely approximates the invalid provision shall replace it. The invalidity or ineffectiveness of one contractual provision does not affect the validity or effectiveness of the remaining provisions.
In the event of changes to the Terms and Conditions, the original Terms and Conditions valid at the time of conclusion of the purchase contract can be obtained upon request sent to the email address info@elsymco.cz.
These Terms and Conditions and the Complaints Policy take effect on the 1st. 9. 2022. Changes to the Terms and Conditions and the Complaints Policy are reserved.
An annex to the Terms and Conditions is the sample form for withdrawal from the purchase contract www.elsymco.cz/odstoupeni-od-kupni-smlouvy.pdf.