Terms and conditions of sale and complaints
General Terms and Conditions of the e-shop edgarenergy.ch
Introductory terms and conditions
The edgarenergy.ch webshop (hereinafter referred to as the ‘eshop’) is operated by Gold2home GmbH, Schumannstr. 27, 60325 Frankfurt am Main, Germany (hereinafter referred to as the ‘Operator’) on behalf of the seller of the goods, the sole representative of BEFIMATA s.r.o., with its registered office at 19000 Prague 9, Prosecká 851/64, company registration number: 08878081, Czech Republic. The operator is authorised to represent the seller in all matters related to the purchase of goods via the webshop, such as communication with the customer, conclusion of the purchase contract in accordance with these General Terms and Conditions, processing of personal data, collection of the purchase price, dispatch of the consignment, handling of any complaints and other matters in accordance with these General Terms and Conditions.
Contact:
edgarenergy.ch (hereinafter: E-Shop):
GOLD2HOME GmbH
Schumannstr. 27
60325 Frankfurt am Main
Frankfurt am Main, Germany
info@edgarenergy.ch
Return address (contact details of the seller):
BEFIMATA s.r.o.
Prosecká 851/64
190 00 Prague 9
Czech Republic
These General Terms and Conditions (hereinafter referred to as ‘GTC’) govern the rights and obligations of the Seller and the consumer, i.e. a person not acting in the course of a trade, business or other commercial activity (hereinafter referred to as ‘Buyer’), when concluding and executing the purchase contract. The General Terms and Conditions are an integral part of the Purchase Agreement between the Seller and the Buyer. The General Terms and Conditions are an integral part of the Purchase Agreement between the Seller and the Buyer.
The Buyer is obliged to read these General Terms and Conditions and by concluding the Purchase Agreement, the Buyer confirms that he has read and accepted these General Terms and Conditions before concluding the Purchase Agreement.
If the Buyer is not a consumer and purchases the products as an entrepreneur for the purpose of his business with these products, the Buyer must indicate this in the order.
Order and conclusion of the purchase contract
The seller offers the goods on the website of his webshop, presenting the goods with a description and, if applicable, an illustrative photo of the goods and the exact price including VAT.
If interested in purchasing the goods, the Buyer is obliged to fill in an order form, whereby filling in all the data required on the form is a prerequisite for the order to be valid. The Seller shall immediately and automatically confirm receipt of the order to the Buyer by sending an e-mail message to the e-mail address provided by the Buyer.
The Seller reserves the right to request the Buyer to confirm the order in an appropriate manner, e.g. in writing, if there are objective reasons, e.g. in relation to the scope of delivery, price, etc. If the buyer refuses to confirm the order as requested, the parties agree that the order is invalid and no contract is concluded, even if its receipt has been confirmed by the seller. The purchase contract is concluded when the buyer sends the order and the seller confirms the order and is concluded in German. The purchase contract thus concluded may only be amended or cancelled by mutual agreement between the parties or for legal reasons.
The confirmed order of the Buyer shall be archived by the Seller as a concluded purchase contract for the period required for its successful fulfilment in accordance with the applicable legal regulations and shall not be accessible to third parties.
Price and terms of payment
The seller delivers the ordered goods to the buyer at the agreed price in accordance with the purchase contract, and the buyer undertakes to pay the purchase price. The prices indicated on the website are valid at the time of ordering. The Seller reserves the right to change the prices in case of display errors or exchange rate changes or if the price of the supplier of the goods has changed significantly, in which case the Buyer has the right to withdraw from the purchase contract within 7 days of the notification of the purchase price change to the Buyer. The seller is entitled to add the transport costs to the price of the goods.
The seller has the option of paying for the ordered goods using the payment methods specified in the order process in the online shop. When paying by cash on delivery, the seller sends the ordered goods to the address specified by the buyer in the order and the buyer pays the price of the goods upon receipt.
The purchase price is not considered paid until the full purchase price has been credited to the seller's current account or, in the case of cash on delivery, paid in cash at the seller's cash desk or at the delivery company.
In the case of payment by bank transfer, the Buyer shall pay the purchase price to the Seller's account in accordance with the payment instructions sent by the Seller to the e-mail address provided to the Buyer with the order confirmation. Once the amount has been credited to the seller's account, the goods will be delivered by the seller to the address specified by the buyer in the order.
Terms of delivery
The Seller shall deliver the ordered goods to the Buyer at the address specified by the Buyer, or the Buyer shall be entitled to collect the goods from the Seller's place of dispatch as specified in the order. If the goods are delivered to the Buyer's address specified in the order, the Buyer shall bear the delivery costs, unless otherwise agreed in the purchase contract. The amount of delivery costs is specified in the purchase contract and depends on the amount of the purchase price specified in the purchase contract.
Delivery times vary depending on the type of goods and are specified separately for each lot. In the event that the selected goods are declared to be in stock, the seller undertakes to dispatch the goods within 4 days. Delivery times are subject to the receipt of all documents specified in the purchase contract. The buyer has the right to withdraw from the purchase contract if the seller is unable to deliver the ordered goods to the seller within a further period of 30 days or to deliver them to the place of dispatch specified in the seller's order.
In the event of cancellation of the purchase contract, the seller must immediately return the amount paid to the account specified by the buyer, unless the parties agree otherwise. The Seller undertakes to inform the Buyer of the fact of dispatch of the goods to the e-mail address or telephone number provided by the Buyer in the order.
The ordered goods shall be deemed to have been delivered on time if the goods are ready for delivery at the place of fulfilment on the last day of the agreed deadline or grace period at the latest. If the buyer does not accept the ordered goods for reasons for which he is responsible, the buyer shall bear the full costs of delivery or subsequent delivery. If the buyer does not comply within the alternative reasonable period, the seller is entitled to withdraw from the contract.
The buyer must check the condition of the consignment (number of packages, intactness or damage to the package) immediately upon receipt of the goods. The buyer is entitled to refuse to accept a consignment that does not comply with the purchase contract, e.g. because the consignment is incomplete or damaged. If the buyer accepts such a damaged consignment from the carrier, the damage must be described in the carrier's delivery report.
The incomplete or damaged consignment must be reported immediately by e-mail to the Seller's address, a damage report must be drawn up with the carrier and sent to the Seller immediately by fax, e-mail or post. An additional complaint due to a defect or external damage to the consignment does not deprive the buyer of the right to make a complaint, but gives the seller the opportunity to prove that there has been no breach of the purchase contract.
The seller is responsible to the buyer for ensuring that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer if the buyer took over the goods at the time of acceptance,
-the goods have the characteristics agreed between the parties or, if no agreement has been reached, the characteristics described by the seller or the manufacturer in view of the nature of the goods and on the basis of their advertising, or the characteristics expected by the buyer,
-the goods are suitable for the purpose for which they are intended according to the seller or for which goods of this type are normally used,
-the goods correspond in quality or design to an approved sample or specimen, if the quality or design is determined on the basis of the approved sample or specimen,
-the goods are of the correct quantity, size or weight; and
-the goods comply with the requirements of the legislation.
If the goods do not have the aforementioned characteristics, the buyer may also demand the delivery of new goods free of defects, unless this is unreasonable for him due to the nature of the defect; if this is not possible, the buyer may withdraw from the purchase contract. However, if this is unreasonable in view of the nature of the defect, in particular if the defect can be remedied immediately, the buyer is entitled to have the defect remedied free of charge. The buyer is also entitled to have new goods delivered or parts replaced in the event of a repairable defect if he cannot use the goods properly after the repair due to the recurrence or increase in defects. In this case, the buyer also has the right to withdraw from the purchase contract.
If the buyer does not withdraw from the purchase contract or does not exercise his right to delivery of new, defect-free goods or to replacement or repair of parts of the goods, he may demand a reasonable price reduction. The buyer is also entitled to a reasonable price reduction if the seller is unable to deliver new goods free of defects, replace parts of the goods or repair the goods, and if the seller does not remedy the defect within a reasonable period of time or if remedying the defect would cause the buyer considerable difficulties.
The buyer has no right to complain about defective performance if he knew that the goods were defective before accepting them or if he caused the defect.
The buyer may assert the right to claim for defects in consumer goods within twenty-four months of receipt of the goods. If the defect occurs within six months of the date of receipt, it is assumed that the goods were already defective at the time of receipt.
The seller grants a 24-month warranty period for all goods sold. If the goods sold, their packaging or the instructions for use enclosed with them have a best-before date, e.g. an expiry date, the warranty period expires at the end of this date. The guarantee period begins on the date of sale (the date of the taxable transaction stated on the invoice of the sales receipt). The expiry date is determined by the manufacturer of the product. The minimum guarantee period is determined by the expiry date of the product.
The other rights and obligations of the parties in connection with the seller's liability for defects may be governed by the seller's complaints procedure.
Withdrawal from the purchase contract
If the purchase contract is concluded by distance selling, the buyer as a consumer has the right to withdraw from the purchase contract within 14 days of receipt of the delivered goods without giving reasons and without paying a contractual penalty. The cancellation of the purchase contract must be sent by the seller within the above-mentioned period. If the buyer exercises his right and withdraws from the purchase contract, he must inform the seller in writing of the withdrawal from the contract, preferably stating the order number, the date of purchase and the account number for the refund.
The Buyer may also withdraw from the purchase contract using the sample form attached to the shipment or by sending the withdrawal electronically to the Seller's e-mail address info@edgarenergia.hu. If the Buyer withdraws from the Purchase Agreement, the Seller shall return to the Buyer all payments received from the Buyer under the withdrawn Purchase Agreement, including delivery costs, in the same manner as they were received, without undue delay, but no later than within 14 days from the date of withdrawal from the Purchase Agreement.
The Seller shall return the funds received to the Buyer by other means only if the Buyer has agreed to this and if no additional costs are incurred. Simultaneously with the notice of cancellation, the Buyer shall return the goods to the Seller in the original packaging, undamaged, unused, with all accessories, in the original packaging, at the Buyer's expense, namely all goods suitable for resale. If the buyer cancels the purchase contract, the seller is not obliged to refund the buyer any monies received before the goods were delivered to the seller or cannot prove that the goods were sent to the seller. The goods must be sent by normal post, cash on delivery is not accepted.
The seller reserves the right to withdraw from the purchase contract if the ordered goods are no longer sold or delivered.
The consumer cannot withdraw from the purchase contract if the hygienic packaging of the goods has been damaged (for health or hygiene reasons).
Protection of personal data
By concluding a purchase agreement, the buyer agrees to the processing and recording of his personal data in the seller's database for the purpose of fulfilling the purchase agreement. The Buyer's personal data will be processed in accordance with the Personal Data Protection Act, and the Buyer has the right to withdraw their consent to this processing in writing. The Buyer's personal data shall be protected against misuse and the Seller undertakes not to disclose the personal data necessary for the fulfilment of the Purchase Agreement to persons other than third parties.
The individual purchase contracts are archived electronically by the seller and cannot be viewed. The buyer has the right to access and rectify their personal data, including all other legal rights in relation to this data. Personal data may be deleted from the database at the written request of the buyer.
Final provisions
Should any provision of the General Terms and Conditions or the purchase contract prove to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining parts of the General Terms and Conditions or the purchase contract, unless it is inseparably linked to the remaining content of the General Terms and Conditions or the purchase contract.
An amendment to the purchase contract can only be made in writing.
These General Terms and Conditions apply in the version published on the Seller's website at the time of the Buyer's order.
These General Terms and Conditions are valid and in force from 1 September 2024.