Terms and Conditions
1. Contact Data of the Seller
Operator: VSM TEPLICE – Stanislav Med
Address: Sobědružská 17/9, 417 12 Proboštov
Company ID No.: 13943324
Tax ID No.: CZ6012170846
Incorporated in the Trade Register – Municipality of Teplice
Telephone: +420 417 565 655
Contact address: Sobědružská 17/9, 417 12 Proboštov
Operation hours: Mon - Fri 8:00 am – 4:00 pm
Information about the goods and the price provided by the Seller shall be binding, except for obvious error. The prices are presented including all taxes (e.g. VAT) and charges, except for the costs of the goods delivery.
Accepted methods of payment:
- Payment in cash on receipt of the consignment,
- Payment in cash on collecting the goods at the business premises,
- Advance payment via bank transfer,
- Partial advance payment with a final invoice and pre-agreement method of payment,
- Payment after delivery, with an agreed due date (only for contractual partners).
The Seller shall require charges depending on the method of payment. For the payment in cash on delivery, a fee is to be charged according to the delivery address and the selected method of transport.
Accepting an offer with an amendment or deviation shall not mean accepting an offer.
Confirmation of the contract wording made in other than a written form, reporting deviations from the actually agreed contract wording, shall have no legal effect.
Any acceptance of unclaimed performance by the Purchaser shall not mean acceptance of the offer.
Photographs provided on the shop sites correspond to the goods sold.
The Seller shall make the instruction manuals accessible in an electronic form before entering into a contract (or shall send them to the Purchaser by email upon request), especially for large appliances, consumers electronics, and other goods at prices above CZK 3,000, where appropriate and useful for the Purchaser to decide on the purchase.
3. Delivery of the Goods
The Seller shall deliver the goods to the Purchaser in full, within 5 days from the order confirmation at the latest, unless any other time limit for delivery is provided for individual goods. If the goods are indicated as “in stock”, the goods shall be sent by the Seller within two business days at the latest. The Purchaser is obliged to accept and pay for the goods. The Purchaser is advised to check the goods on their receipt together with the carrier.
Documents to the goods, especially the tax document, confirmation and certificates, shall be sent by the Seller to the Purchaser together with the goods. If the tax document is not included in the delivery, it shall be sent electronically by email to the email address stated in the order.
If requested by the Purchaser, the Seller shall confirm in writing to what extent and for how long the Seller's obligations resulting from defective performance shall last, and how the Purchaser can exercise the rights resulting from them.
Price and method of delivery – https:/en.ventilatory.net/transport-of-goods
Should the Seller fail to meet the time limit for delivering or shipping the goods, it shall send the goods to the Purchaser free of charge. Other Purchaser's claims shall not be affected hereby.
4. Order Cancellation and Withdrawal from the Contract
The Purchaser is entitled to withdraw from the contract within 14 days from receipt of the goods or the last part of delivery, regardless of the method of the goods receipt or payment. The respective time limit is intended to allow the Purchaser to get familiar with the nature, characteristics and functioning of the goods to a reasonable extent.
The Purchaser shall be entitled to withdraw from the contract anytime before delivery of the goods, outside the exceptions stated in this section.
The Purchaser shall send or give the notice of withdrawal to the Seller within a 14-day time limit. The Purchaser does not have to provide the reason for which the Purchaser terminates the contract. In order to facilitate the communication, it is appropriate to state in the notice of withdrawal the date of purchase or the number of contract / sales receipt, bank details, and the selected method for returning the goods.
The Seller is obliged to return the sum fully corresponding to the goods price and the costs paid for their delivery to the Purchaser within 14 days from withdrawal from the contract, using the same method by which the Seller accepted the payment from the Purchaser. If the Seller offers several options within any specific method of the goods delivery, the Seller is obliged to reimburse to the Purchaser the cheapest one of them. The Purchaser is obliged to send or hand over the purchased goods to the Seller within the same time limit at the latest. The goods should be returned to the Seller (not as cash on delivery) complete, preferably in the original packaging, including fillings, clean, and without any signs of wear or damage. Costs of returning the goods shall be borne by the Purchaser.
If the Purchaser returns the goods in person at the business premises, the Seller shall return the above-stated payments within 7 days from withdrawal from the contract to the Purchaser's bank account provided in the form of withdrawal from the contract.
If the goods returned are damaged due to the breach of the Purchaser's obligations, the Seller shall be entitled to claim from the Purchaser a compensation for diminished value of the goods and offset it against the reimbursed payment.
The Purchaser acknowledges that, if any gifts are provided with the goods, the deed of gift is entered into between the Seller and the Purchaser on condition that, should the consumer exercise its right to withdraw from the contract, the deed of gift shall cease to be effective, and the Purchaser is obliged to return not only the goods but also the relating gifts provided. If such gifts are not returned, these values shall be seen as unjust enrichment of the Purchaser.
Except for cases where withdrawal from the contract has been explicitly stipulated, the consumer is not entitled to withdraw from service contracts on condition that the performance has been made with the prior express consent of the Purchaser before the time limit for withdrawing from the contract has lapsed; from contracts for providing services or supplying goods where the price depends on fluctuations of the financial market beyond the control of the Seller; from contracts to supply goods designed as desired by the consumer, or for the consumer himself/herself; and from contracts for goods that have been irretrievably missed with other goods, or that have been removed from a sealed packaging and cannot be returned back for health reasons.
The template of withdrawal from the contract – https://en.ventilatory.net/notice-of-withdrawal-from-the-contract.pdf
Termination of the contract by the Purchaser – entrepreneur
If the Purchaser is an entrepreneur, the Seller states that it is possible to offer the Purchaser an agreement on termination of the purchase contract depending on the condition of the returned goods, expired guarantee and the actual price of the returned goods. The condition of the goods shall be assessed by the Seller. Should the parties fail to agree upon acceptable conditions, the goods shall be returned at the expense of the Seller. The Seller is entitled to charge the Purchaser any other costs incurred.
5. Rights and Obligations Resulting from Defective Performance
Quality on Taking Over
If the goods taken over show deficiencies (e.g. the goods do not have the agreed or reasonably expected properties, are not suitable for usual or agreed purpose, are not complete, the goods quantity, measure or weight are not met, or the quality does not comply with other statutory, contractual or pre-contractual parameters), they shall be considered defects of goods for which the Seller is responsible.
Within two years from receipt of the goods at the latest, the Purchaser is entitled to require from the Seller to remove the defect free of charge, or to provide a reasonable price discount. If it is not disproportionate to the nature of the defect (especially, if the defect cannot be removed without undue delay), the Purchaser is entitled to require to be supplied a new product, free of defects, or a new part, free of defects, if such a defect only relates to this part.
If the goods cannot be repaired or replaced, the Purchaser is entitled to require a refund of the full purchase price based on withdrawal from the contract.
Any defect of the goods occurred within six months from receipt of the goods shall be considered a defect existing already at the time of accepting the goods.
The Seller is not obliged to satisfy the Purchaser's claim if the Seller proves that the Purchaser was aware of the defect of the goods already before accepting the goods, or the defect was caused by the Purchaser itself.
As for the used goods, the Seller shall not be liable for defects caused by prior use or wear and tear. Regarding the goods sold at a lower price, the Seller shall not be liable for defects for which the lower price has been agreed. In such cases, the Purchaser shall have the right to a reasonable discount instead of the right to replace the goods.
Statutory Rights Resulting from Defects
The Seller shall be responsible for defects arising after the goods receipt, during the 24-month warranty period or the period of service stated in an advertisement, on the packaging or in the accompanying instructions.
The Purchaser is entitled to make a claim within the respective period and, at its own opinion, for defects that mean serious breach of the contract (regardless of whether the defect is removable or not), it can require:
removing the defect by delivering a new product, free of defect, or delivering a missing product; removing the defect by repairing it free of charge; a reasonable discount from the purchase price; or refunding the purchase price based on withdrawal from the contract.
A serious breach shall mean a breach of the contract of which the party in breach was already aware at the time of the contract conclusion, or the party in breach must have known that the other party would not have concluded the contract if such a breach had been anticipated.
As for any defect that means a serious breach of the contract (regardless of whether the defect is removable or not), the Purchaser is entitled to the removal of the defect or a reasonable discount from the purchase price.
If any removable defect has occurred again after repair (the third claim regarding the same defect, or the fourth claim regarding different defects), or if the goods have more defects (at least three defects at the same time), the Purchaser is entitled to require a discount from the purchase price, replacement of the goods, or to withdraw from the contract.
The Seller shall not be liable for defects caused by ordinary wear and tear or failure to follow the instruction manual.
The Seller undertakes to provide the Purchaser for selected goods at no cost with anextended contractual warranty granted by the respective manufacturer. It shall always be stated on the tax document for the selected goods.
6. Settlement of Claims
The Purchaser shall be entitled to make a claim against the Seller or a person designated for repair without undue delay after detecting the defect. If the claim is made in writing or electronically, it should include the Purchaser's contact data, description of the defect and requirement regarding the method of the claim settlement.
The form is available for download here – www.ventilatory.net/reclamation-form.pdf
The Purchaser is obliged to inform the Seller at the time of notifying the defect, or immediately after notifying the defect, which right of option it has selected. Any change of the selected option without the consent of the Seller shall only be possible if the Purchaser has requested to repair a defect that has turned out to be irremovable.
Should the Purchaser fail to select its right of option resulting from a serious breach of the contract in time, it has the same rights of option as with a minor breach of the contract.
The Purchaser shall be obliged to prove the purchase of the goods (preferably by a purchase receipt). The time limit for settling a claim shall start running from handover/delivery of the goods to the Seller or to the place designated for repair. The goods should be packed during the transport in a suitable packaging in order to avoid any damage, they should be clean and complete.
The Seller is obliged to decide immediately, however not later than within three business days, on the claim or about the fact that the decision requires expert assessment. The information regarding the need of expert assessment shall be provided to the Purchaser within this time limit. The Seller shall settle the claim, including the defect removal, without undue delay, however not later than within 30 days from making the claim, unless the Seller agrees with the Purchaser in writing upon a longer time limit. After the expiry of this time limit, the Purchaser has the same rights as it concerns a serious breach of the contract.
Should the Seller refuse to remove the defect of the goods, the Purchaser is entitled to require a reasonable discount from the price or to withdraw from the contract.
The warranty period shall be extended by the time from making the claim until its settlement or until the time when the Purchaser has been obliged to collect the goods. If the goods or any of their parts have been replaced, the Seller's responsibility shall apply as it involves a purchase of new goods or their parts.
If it is not possible to monitor online the status of the claim settlement, the Seller undertakes to inform the Purchaser on settling the claim by email or via SMS according to its demand.
As for justified claims, the Purchaser is entitled to reimbursement of reasonably incurred costs.
The warranty does not apply to defects caused by:
- Inappropriate use and project,
- Improper handling (not applicable to mechanical damage),
- Transport (compensation for damage incurred during transport need to be applied with the carrier),
- Improper assembly, improper electrical wiring or protection,
- Improper operation,
- Unqualified interference with the device, dismantling the device,
- Use in inappropriate conditions or an improper manner,
- Wear and tear due to normal use,
- Intervention of a third party,
- Natural disaster.
When exercising the warranty, it is necessary to provide a claim protocol, containing:
- Data on the Purchaser,
- Date and number of the sales receipt,
- Exact specification of the defect,
- Diagram and specification of protection,
- Measured values when starting the device operation:
- Static pressure difference,
- Air flow,
- Air temperature.
Any warranty repair shall be essentially made based on the decision of VSM Teplice – Stanislav Med in the company service station, by a service technician on the site of installation (after agreement and completing the claim form), or by a service technician of the manufacturer of the goods delivered. The method of removing the defect is solely based on the decision of the service station of VSM Teplice – Stanislav Med. The claimant shall receive a written statement on the result of the claim. If the claim is unjustified, all costs for its settlement shall be paid by the claimant. The device must be installed by a professional company specialized in air-conditioning, and electrical wiring must be performed by a professional company specialized in electrical engineering. The device must undergo an initial revision of electrical equipment according to CSN 33 1500. The device must be professionally regulated. When starting the device, the above stated values need to be measured and recorded. Such a record must be confirmed by the company putting the device into operation, and together with the record on the initial revision and with the data on the motor protection must be provided with any claim. During the period of operation, the following activities must be carried out regularly: revision of electrical equipment at intervals according to CSN 33 1500, inspections, maintenance and cleaning of the air-conditioning equipment, including checks of the pipe network regulation (the operating point of the system must lie in the permitted area of the working characteristics of the fan, and the fan flow cannot exceed the nominal value).
7. Personal Data Protection
The Purchaser gives its consent to the Seller to process and keep the provided personal data in compliance with the Personal Data Protection Act (No. 101/2000 Coll.) in order to perform the subject of the contract. The Purchaser is entitled to get the information which of its data the Seller keeps in its records, and is also entitled to amend the data or disagree with its processing. Supervision over the personal data protection shall be exercised by the Office for Personal Data Protection.
The Seller undertakes not to disclose the Purchaser's personal data to any third parties other than the contractual carrier for the purpose of delivering the goods.
The Seller shall allow purchase without registration, in which case the data of unregistered purchaser shall only be used for performing the subject of the contract, and not for marketing or business purposes.
The Seller shall only be entitled to send commercial communications to the Purchaser if the Purchaser actively requests so, and only until the Purchaser informs the Seller that it does not want to receive them any more.
Such communications may only be sent to an electronic address given in connection with the performance of the contract, without incurring any costs hereby.
8. Resolution of Disputes
Any disputes between the Seller and the Purchaser shall be resolved by courts of general jurisdiction.
The Purchaser shall be entitled to contact dTest, o.p.s. via www.dtest.cz/poradna or call the telephone number 299 149 009 for guidance regarding its consumer rights.
Supervision over the compliance of obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, shall be carried out by the Czech Trade Inspection Authority (www.coi.cz).
The Purchaser is not a consumer or entrepreneur.
A consumer shall mean a person who, unlike the Seller, is not acting in the course of business or in a separate profession, when entering into and performing this contract.
An entrepreneur is a person who independently and on its own account and responsibility performs gainful activities under a trade licence or in a similar manner in order to generate profit. An entrepreneur shall also mean, among others, for the purposes of the Consumer Protection Act, each person that enters into contracts relating to its own business, production or similar activities, or in a separate profession, or any person who acts on behalf or on the account of the entrepreneur.
Return of electrical appliances
The Seller shall provide returning electrical appliances from households and separation collection of waste of electrical and electronic equipment in compliance with the applicable legal regulations. The customer shall be entitled to hand over old electrical appliances when purchasing a new equivalent electrical appliances or batteries or accumulators at the Seller's business premises.
The Seller further provides returning electrical appliances from households free of charge directly at home if the customer orders goods of a similar type and use. Such return shall apply to electrical appliances in a number corresponding to the goods ordered.
Electrical appliances, waste of electrical and electronic equipment, batteries or accumulators cannot be disposed of together with mixed waste, but must be discarded at the designated places, i.e. collection points or at sites of their return, e.g. at sites stated above. The above appliances and waste shall be further used for production of new appliances. Hazardous and noxious substances from these appliances and waste can cause damage to the environment or human health.
Other issues not regulated herein shall be governed by the Civil Code (Act No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.), and other legal regulations, as amended.
The contract and the relating issues shall be governed by Czech laws.
Changes in the Business Terms and Conditions other than in a written form, mutually agreed upon, shall be excluded.
These Business Terms and Conditions shall become effective as of 8 October 2015.