Terms and conditions

TERMS AND CONDITIONS FOR THE E-SHOP

TERMS AND CONDITIONS FOR ELECTRONIC SHOP

of Apis Innovation s.r.o., Private Limited Company, business ID: 04844637, with registered offices at Olomouc, kpt. Nálepky 962/13, postal code 779 00, Czech Republic, company entered in the Commercial Register maintained by the Municipal Court in Ostrava, section C, file no 65361.

I.

Subject of Terms and Conditions

Through the electronic shop operated on the web address www.thermosolarhive.com (hereinafter “e-shop“) you can conclude purchase contracts as the buyer with Apis Innovation s.r.o. As the seller.

These Terms and Conditions lay down mutual rights and liabilities of the contracting parties following from their purchase contract or related to it, including the case when the buyer is the consumer, i.e. an individual not acting in connection with goods purchased from the seller as an employee, self-employed or businessman. These Terms and Conditions form an integral part of the purchase contract together with the Complaint Procedure of the seller posted on the e-shop web site. The purchase contract shall be governed by the Terms and Conditions and the Complaint Procedure in the wording effective as of the day of the order placement by the buyer.

II.

Goods Selection, User Account

E-shop includes a presentation of the goods the buyer can order, including the individual goods item prices. The goods presentation in the e-shop is a draft purchase contract for the goods subject to the availability and ability of the seller to supply. The seller´s goods stock is updated for the purpose of the e-shop. As a matter of exception, the goods shown in the e-shop display may be out of stock, in such case the buyer will be contacted and offered a suitable alternative to the ordered goods.

On the basis of registration to the e-shop the buyer may open an individual user account through which they can place orders for the goods and follow the order status. Access to the user account is user name and password protected. Goods can also be ordered from the e-shop without registration.

III.

Order

To order goods the buyer places the selected goods items in a shopping basket and fills out the e-shop order form. There the buyer enters their contact, delivery and billing data and the method of the goods delivery and payment. Before the order is submitted the buyer is allowed to check and correct the entered data as needed. The order is completed by accepting “Confirm order” section by clicking on confirmation button there. This constitution the buyer´s liability to pay for the goods.

After receiving the order, the seller sends an order confirmation to the buyer´s e-mail address entered in the order form.

The purchase contract between the seller and the buyer is executed by order placement by the buyer. The submitted order constituted the liability of the buyer to pay the purchase price of the ordered goods. If the ordered goods are out of stock the buyer is informed; unless an agreement is made on delivery of alternative goods and the seller is unable to arrange for the ordered goods delivery either party is entitled to withdraw from the purchase contract.

Depending on the nature of the order (goods quantity, purchase price amount etc.) the seller is always entitled to ask the buyer for the order reconfirmation, for example by e-mail or by phone.

The buyer can withdraw from the purchase contract (cancel the order) any time after the order placement and receipt of the e-mail order confirmation will the goods takeover by sending an e-mail to info@thermosolarhive.com. If the buyer has already paid the purchase price of the goods the full amount will be refunded to them immediately in the manner described in Art. X hereof.

IV.

Transport and Payment

The purchase price can be paid in advance only by bank transfer, PayPal or by online credit card payment. Fees for the payment effecting are not charged. The goods are delivered by FedEx transport service for non-EU countries. For EU countries, the best transport service depending on the country and the specification of goods are used.

V.

Goods Shipment

The goods are shipped from the central warehouse of the seller on the address Dašická 146, Chrudim 537 01, Czech Republic. Some goods are stored in the warehouses of the manufacturers and are shipped directly or via the central warehouse.

The goods are shipped within the next week after full purchase price payment to the seller. There are some goods (e.g. Thermosolar Hive with the coatings), which takes up to two weeks before the shipping is done. The delivery date is 2-10 days after the goods shipment date, subject to the delivery destination.

Information to the buyer about the delivery time, goods collection options and storage periods in the case of another delivery method selection is based on the terms and conditions of the respective carrier.

If the buyer fails to collect the goods within the storage period the seller is entitled to withdraw from the contract, unless another delivery method is validly agreed on.

VI.

Goods Ownership

The ownership right to the goods shall be transferred from the seller onto the buyer after full purchase price payment.

VII.

Contract withdrawal in 14 days from the goods takeover

The buyer is entitled to withdraw from the purchase contract without giving the reason for the withdrawal in 14 days from the goods takeover. The withdrawal notice can be by email to info@thermosolarhive.com. The withdrawal period shall apply if the buyer sends a notification about the withdrawal within the deadline.

To speed up the process the buyer is advised to attach a copy of the invoice issued by the seller to the withdrawal notice.

Withdrawal cancels the purchase contract retrospectively from the date of its execution.

In the case of contract withdrawal the buyer shall send the (undamaged, unused and in the  original package, if possible) goods with complete accessories to the seller´s central warehouse address (Dašická 146, Chrudim, postal code 537 01, Czech Republic) without undue delay, but no later than in 14 days from the contract withdrawal.

The costs of the goods return after the contract withdrawal shall be borne by the buyer, including if the goods, due to their special nature, cannot be returned by ordinary post.

The seller recommends the buyers to return the goods by registered mail or in another manner permitting return delivery monitoring and insurance. This may prevent complications in case of the consignment loss or delay during transport.

The seller shall return the paid purchase price to the buyer in 30 days from the contract withdrawal in the manner in which the purchase price was received by the seller from the buyer, usually by wire transfer to the bank account specified in the withdrawal notice. The purchase price paid by means of PayPal may only be refunded by PayPal. The seller is not liable to refund the purchase price to the buyer before receipt of the returned goods. In the case of the purchase price paid by a gift coupon, the seller shall renew validity of the gift coupon if the original validity period of the coupon has not yet expired.

The seller recommends very careful packing of the goods and reinforcing the walls of the package to prevent damage to the goods.

In the case of goods devaluation resulting from the goods handling in a manner other than necessary for acquaintance with the goods nature and properties, including function, the seller shall be entitled to monetary compensation for the damage. In such case the seller shall be entitled to offset its claim for damage compensation against the claim of the buyer for the goods price refund after withdrawal - the buyer shall receive the refund reduced by the relevant amount of the compensation.

VIII.

Goods Replacement

The buyer shall be entitled to replacement of the purchased goods with other goods in the same value (or higher value if the difference is paid by the buyer) in 14 days from the goods takeover. In such case, the buyer shall return the unused and undamaged goods, with all parts and accessories, at its cost, to the address of the seller with an exactly specified requirement for the replacement goods. For those purposes, the buyer can use the goods replacement form for download on the e-shop web site or attached to the goods delivery. The replacement can also be agreed by e-mail or through a new order in the e-shop with a note about goods replacement including the original order number. To speed up the process the buyer is advised to attach a copy of the invoice issued by the seller to the withdrawal notice.

The seller recommends the buyers to return the goods for replacement by registered mail or in another manner permitting return delivery monitoring and insurance. This may prevent complications in case of the consignment loss or delay during transport.

If the goods returned for the purpose of replacement are damaged or otherwise devalued the buyer shall be contacted for the purpose of further procedure agreement, with consideration of the potential claim of the seller for the goods damage compensation.

IX.

Force Majeure

Apis Innovation s.r.o. shall not be liable in case of Force Majeure (i.e. all situations under which it is very difficult for Apis Innovation s.r.o. to comply with its obligations under the sales agreement, including but not limited to disaster, fire, flood, earthquake, elements of nature, acts of God, actual or threatened terrorist attacks, acts of war, sabotage, explosion, riots, civil disorders, rebellions, revolutions and strikes, lockouts or labor disputes, government acts, accident or breakdown of plant or machinery, bugs in third-party software, shortage of materials, failure by a utility provider (including electricity, gas, network or telecom provider) to provide services and any actions or omissions of third parties beyond its reasonable control).

X.

Principles of Personal Data Processing

Personal data of natural person (hereinafter the “customer”) are processed in compliance with the Regulation of the European Parliament and of the Council (EU) 2016/679 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 95/76/EC (hereinafter “GDPR“) by Apis Innovation s.r.o., Private Limited Company, business ID: 04844637, with registered offices at Olomouc, kpt. Nálepky 962/13, postal code 779 00, Czech Republic, company entered in the Commercial Register maintained by the Municipal Court in Ostrava, section C, file no 65361 (hereinafter the “Company“) for one of the below-specified purposes.

In connection with their personal data processing the customer may address the company any time to obtain information about their personal data processing process for the purpose of application of any of the following rights:

1. Right to access to personal data: the customer may any time request a copy of personal data processed by the company about them, as well as other information pursuant to Art. 15 of GDPR;
2. Right to personal data rectification: if the customer believes that the data processed by the company about them are inaccurate or incomplete then the customer may ask for correction or extension;
3. Right to personal data erasure (right to be forgotten): if the personal data are no longer needed for the purpose for which they were processed, the customer has withheld their consent with the processing, the data has been processed illegally or for another reason pursuant to Art. 17 of GDPR, the customer may ask the company for erasure of their personal data;
4. Right to personal data processing restriction: under the terms and conditions laid down in Art. 18 of GDPR the customer is entitled to request limitation of their personal data processing by the company;
5. Right to personal data portability: under the terms and conditions laid down in Art. 20 of GDPR the customer is entitled to obtaining their personal data provided to the company in a structured, standard machine-readable format;
6. Right to objection: the customer may raise an objection against their personal data processing, including profiling, by the company for the purpose of satisfaction of this legitimate interest, and also in the case of their personal data processing for the purpose of direct marketing;
7. Right to withdrawal of consent with personal data processing: the customer´s consent is voluntary and can be withheld, fully or partly, any time. Personal data processing before the consent withdrawal is legal. Consent withdrawal does not prevent the company from the processing of personal data for other legal reasons listed in Art. 6 (1) of GDPR;
8. Right to file a complaint with a surveillance office: the customer may file a complaint with the data protection surveillance office (Personal Data Protection Office, Pplk. Sochora 27
   170 00 Prague 7), if they believe that their personal data processing violated the personal data processing rules. 

the company may be contacted for the purpose of personal data processing issues on its e-mail address info@thermosolarhive.com, or by notice addressed to the registered offices of the company on Olomouc, kpt. Nálepky 962/13, postal code 779 00, Czech Republic.

The company shall respond to the customer request in thirty days from its receipt. This deadline may be extended by another two months with information of the customer about the extension and the reasons for the extension. If the customer decides to apply its rights mentioned above the company shall be liable to identify the customer and check whether the person applying for execution of their rights is the data subject concerned.

PURCHASE CONTRACT EXECUTED VIA E-SHOP

In the case of the purchase contract execution via the company e-shop the company shall process personal data of the customer primarily for the purpose of implementation of the rights and liabilities following form the purchase contract and for fulfillment of the purpose of the purchase contract as well as for the purpose of legitimate interests of the company (for application of purchase contract rights and liabilities. The processed data include identification and address data of the e-shop customers in the maximum scope of the name and surname, residential address, delivery address, or billing data (name, surname, company name, business IF, V.A.T. ID, company address), e-mail, phone number (in the case of the goods delivery by a haulier) and in the scope of name and surname, e-mail and phone number (if the goods are to be picked up in person). In connection with the executed purchase contracts, the company holds data on the implemented transactions, i.e. the purchased goods, their volume and value and purchase-contract-related communication, and in the case of payments to the bank account of the company also the bank details used for the purchase price payment. The personal data are processed for the minimum period necessary for the purpose of their processing, but not longer than for the period specified by Czech legislation for accounting document archiving. Personal data will be processed in the electronic format. The processed personal data shall not be disclosed or made accessible to any other entity, except for provision of the needed data to the delivering entity for the purpose of the goods delivery to the customer, including notification of the delivery date and time by a SMS or e-mail, i.e. to the haulier according to the selected delivery method, further except for provision of the needed data to the payment processor for the purpose of the purchase price payment processing, and further except for provision to external collaborators of the company (legal representatives, accounting or tax advisors, the e-shop web hosting provider, network developers/administrators) and competent state or administrative authorities if these request the data from the company within the scope of their powers and responsibilities. Personal data provision is voluntary but without it no purchase contract may be executed with the company via its e-shop.

NEWSLETTER

In the case of the customer´s interest in the delivery of commercial information including information about current promo events and new developments (hereinafter the “newsletter“) the customer´s personal data shall be processed with the customer´s consent for the purpose of the newsletter delivery. In connection with the granted consent, the company holds data on the IP address and time of the consent provision. The processed data include the e-mail address. Personal data are processed for this purpose until the customer withdraws its consent with their personal data processing or deregisters from the newsletter subscription. Personal data will be processed in the electronic format. These personal data shall not be disclosed to any other entity except for the data needed by the e-shop web hosting provider and the network developer/administrator. Consent withdrawal concerning personal data processing for this purpose is possible via the respective link included in every delivered newsletter. As soon as the consent with withdrawn newsletters cannot be delivered any more.

USER ACCOUNT REGISTRATION IN E-SHOP

In the case of the customer´s interest in opening a user account on the web site (e-shop) of the company then for the purpose of this account keeping and with the customer´s consent their personal data will be processed in the scope of the name and surname, address and potential billing data (name, surname, company, business ID, V.A.T. ID, address), e-mail, password (not know to the company), phone number and language for communication. In connection with the granted consent the company holds data on the IP address and time of the consent provision. Personal data are processed for this purpose until the customer withdraws its consent with their personal data processing or asks for their user account cancellation. Personal data will be processed in the electronic format. These personal data shall not be disclosed to any other entity except for the data needed by the e-shop web hosting provider, the network developer/administrator and the company accounting advisor. Consent withdrawal concerning personal data processing for this purpose is possible via the respective link included in the customer user account on the web site of the company. As soon as the consent is withdrawn the account must be closed.

These Principles come to force and effect on January 1, 2019

X.

Final Provisions

The executed purchase contract shall be archived by the seller and delivered to the buyer by e-mail or by ordinary post at the cost of the buyer. Before final order placement the buyer is not bound by its expression and can amend the entered data at its discretion. The seller is not bound by any code of conduct in relation to the buyer. An out-of-court settlement of consumer complaints shall be ensured by the seller via the e-mail info@thermosolarhive.com, with the information about the complaint settlement delivered by the seller to the e-mail address from which the complaint was sent.

Potential disputes between the seller and the buyer may be settled out of court for example by means of the Czech Trade Inspection Authority. For more information about out-of-court dispute settlement with the help of these authorities see the web sites of these entities on the relevant links. The seller recommends to the buyer to address the seller directly with a potential dispute or complaint before resorting to out-of-court dispute settlement, for example via the e-mail address of the seller info@thermosolarhive.com.

Correspondence may be delivered to the seller by e-mail, in person or by ordinary mail. Correspondence to the buyer shall be delivered to the e-mail address specified in the buyer´s user account or placed orders.

These terms and conditions include applicable consumer protection legislation of the Czech Republic and are in compliance with the Directive of the European Parliament and of the Council no 2011/83/EU, on consumer rights, amending Council Directive 93/13/EEC and the Directive of the European Parliament and of the Council no 1999/44/EC and repealing Council Directive 85/577/EEC and Directive of the European Parliament and of the Council no 97/7/EC.

The purchase contract and all rights following from it or related to it are governed by the law of the Czech Republic, without prejudice to the consumer rights guaranteed by the foreign legislation of the country of the buyer´s usual residence, if it is the destination where the goods may be delivered.

The buyer warrants and represents that it was acquainted with these terms and the complaint procedure before placing the order and accepts them.

The seller is authorized to sell its goods by a trade certificate. The trade control is performed by the competent Council for Prague 3, Czech Republic. Surveillance over personal data protection is performed by the Personal Data Protection Office of the Czech Republic. In a limited scope, and inter alia, the Czech Trade Inspection Authority performs surveillance over compliance with Act No 634/1992 Coll., on consumer protection, as amended.

If any of the provisions hereof is found to be or becomes invalid or ineffective it will be replaced by a valid provision as close as possible to the meaning and purpose of the invalid provision. The invalidity of this provision shall not affect the force and effect of the remaining provisions hereof. Amendments of the purchase contract or the terms and conditions require written form.

These Terms and Conditions are effective since January 1, 2019.