GENERAL TERMS AND CONDITIONS FOR E-SHOP

These general terms and conditions (“hereinafter referred to as „Terms“”) of NEWTON Technologies, a.s., address of offices: Na Pankráci 1683/127, Praha 4, 140 00, IČ: 28479777, DIČ: CZ28479777, the company is registered with the Municipal Court in Prague in section B, insert 14782, e-mail support@beey.io, (“We” or “Seller”), in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), regulate the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of the purchase contract (the “Contract”) concluded through the E-shop on the website https://eshop.beey.io. 

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here: https://www.beey.io/en/privacy-policy/ 

The provisions of these Terms and Conditions form an integral part of the Agreement. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect any rights and obligations arising during the period of effectiveness of the previous version of the Terms. 

The Contract is concluded remotely in the E-shop environment, through the interface of the website (“E-shop web interface”).  

1. Price is the amount of money you will pay for the goods; 
2. Shipping is the amount of money you will pay for the delivery of the Goods, including the cost of packing them; 
3. Total Price is the sum of the Price and the Shipping;  
4. VAT is value added tax in accordance with applicable law;  
5. Invoice is a tax document issued in accordance with the VAT for the Total Price; 
6. Order is Your binding proposal to enter into a Contract for the purchase of Goods with Us; 
7. User Account means an account set up on the basis of the data provided by You, which allows the storage of the data entered and the storage of the history of Goods ordered and Contracts concluded; 
8. You are the person shopping on Our E-shop, legally referred to as the buyer;
9. Goods are anything you can purchase on the E-shop.  

1. Purchase of the Goods is only possible through the e-shop.  
2. When purchasing the Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and truthful.  

1. The Contract with Us may be concluded only in Czech or English. 
2. The contract is concluded remotely via the E-shop.  
3. In order for Us to conclude the Contract, You need to create an Order on the E-shop. It must contain the following information: 

1. Information about the Goods you are purchasing (on the E-shop you mark the Goods you are interested in purchasing with the “Add to Basket” button); 
2. Information about the Price, Shipping Charge, method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order within the user interface of the E-shop, whereby the information about the Price, Shipping Charge and Total Price will be provided automatically based on the Goods, their delivery and payment method selected by you; 
3. Identification and contact details used to enable us to deliver the Goods, in particular, name, surname, delivery address, telephone number and email address. 

4. During the creation of the Order, the Customer may change and check the data until its completion. After checking by pressing the “Pay via Stripe” button, the Order will be completed. However, before pressing the button, you must confirm that you have read and agreed to these Terms, otherwise you will not be able to complete the Order. The checkbox is used to confirm and agree. After pressing the “Pay via Stripe” button, all completed information will be sent directly to us.  
5. We will confirm Your Order as soon as possible after it is delivered to Us by a message sent to Your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions as in force on the date of the Order, i.e. as attached as an attachment to the confirmation email, form an integral part of the Contract. Confirmation of the Order confirms the conclusion of the Contract between Us and You. 
6. There may be occasions when we are unable to confirm an Order to you. This includes situations where the Goods are not available or where you order more Goods than we are able to supply. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In such case, the Contract shall be concluded at the time You confirm Our offer.  
7. In the event that the Contract is concluded, You shall be obliged to pay the Total Price. 
8. If you have set up a User Account, you may place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to fill in your identification data repeatedly 
9. In some cases we allow you to take advantage of a discount on the purchase of Goods. In order for a discount to be granted, you must fill in the details of that discount in the pre-designated field within the Order proposal. If you do so, the Goods will be provided to you at a discount.  

1. Based on your registration on the E-shop, you can access your User Account.  
2. When registering for a User Account, it is your responsibility to provide all the details you enter correctly and truthfully and to update them if they change.  
3. Access to the User Account is secured by a username and password. It is Your responsibility to maintain confidentiality regarding these access details and not to disclose these details to anyone. In the event that they are misused, we shall not be liable for this.  
4. The user account is personal and you are therefore not entitled to allow third parties to use it. 
5. The user account may not be available continuously, especially with regard to necessary maintenance of hardware and software. 

1. The price is always stated in the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.  
2. The total Price is quoted inclusive of VAT including any charges provided for by law.  
3. Payment of the Total Price will be required from You after the Contract has been concluded and before delivery of the Goods. Payment of the Total Price can only be made by Card online. In this case, payment will be made via the Stripe payment gateway. 
4. An invoice will be issued electronically upon payment of the Total Price and will be sent to your email address. 
5. Title to the Goods will pass to you only after you have paid the Total Price and taken possession of the Goods.  

1. The goods will be delivered to you by the method of your choice, you can choose from the following options: 

1. Individual pick-up at Our registered office (at Na Pankráci 1683/127, Prague 4, 140 00)  
2. Delivery via PPL transport services 

2. Goods can only be delivered within the EU.
3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment.  
4. Upon receipt of the Goods from the carrier, it is your responsibility to check the integrity of the packaging of the Goods and, in the case of any defects, to notify the carrier and Us immediately. In the event that there is any defect in the packaging which is indicative of tampering and entry into the shipment, it is not Your obligation to accept the Goods from the Carrier. 

1. We guarantee that at the time of dispatch the Goods are free from defects, in particular that the Goods: 

1. meet the agreed description, type and quantity, as well as quality, functionality and other agreed characteristics; 
2. are supplied with the agreed accessories and instructions for use, including maintenance instructions; 
3. are fit for the purpose for which Goods of that kind are normally used; 
4. are equivalent in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of Goods of the same kind that you can reasonably expect. 

2.  The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended). 
3. In the case that the Goods are defective, i.e. in particular if any of the conditions under Article 7.1 are not fulfilled, you may notify Us of such defect and exercise your rights under the defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our address as stated in Our identification data, or in person at Our registered office at Na Pankráci 1683/127, Prague 4, 140 00. You may also use the sample form provided by Us for making a complaint, which is attached as Annex 1 to the Terms and Conditions. In exercising the right of defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will settle the claim in accordance with the defective performance right You have exercised.  
4. If the Goods are defective, you have the following rights: 

1. to remedy the defect by supplying new Goods without the defect, or by supplying the missing part of the Goods;  
2. to have the defect remedied by repairing the Goods 

unless the chosen method of remedying the defect is impossible or disproportionately costly compared to the other method, which will be assessed having regard in particular to the significance of the defect, the value the Goods would have without the defect and whether the defect can be remedied by the other method without significant inconvenience to you. 

5. We shall be entitled to refuse to rectify the defect if it is impossible or unreasonably costly to do so, particularly in view of the significance of the defect and the value that the Goods would have without the defect. 
6. You also have the right to: 

1. a reasonable discount from the Price; or 
2. withdrawal from the Contact, 

if: 

1. We refuse to remedy the defect or fail to remedy it in accordance with the law;  
2. the defect is repeated,  
3. the defect is a material breach of the Contract; or  
4. it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to you. 

7. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant. 
8. If you have caused the defect in the Goods yourself, you shall not be entitled to any rights under the defective performance. 
9. A defect in the Goods is not wear and tear caused by normal use of the Goods.
10. When you make a claim, we will issue you with a written confirmation stating: 

1. the date on which you made the claim;  
2. what the claim is about;  
3. what method of handling the complaint you require; 
4. Your contact details for the purpose of providing information about the handling of the complaint.  

11. Unless we agree on a longer period, we will remedy the defects within 30 days of receipt of the complaint and provide you with information on the settlement of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or claim a reasonable discount. 
12. We will inform You by email of the resolution of the complaint and issue You with a confirmation of the date and manner of resolution of the complaint. If the claim is justified, you will be entitled to a refund of the reasonable costs incurred. You are obliged to provide proof of these costs, e.g. receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is Your responsibility to return the original Goods to Us, but We shall bear the cost of such return. 
13. If You are a business, it is Your obligation to notify and complain about the defect without undue delay after You have been able to discover it, but no later than three days after You have received the Goods. 
14. If you are a consumer, you have the right to exercise your rights under the defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods. 

1. Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways set out in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated. 
2. In the event that you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of goods, then within 14 days from the date of receipt of the goods. If we have entered into a Contract where the subject matter of the Contract is several pieces of Goods or the delivery of several parts of Goods, this period shall commence on the date of delivery of the last piece or part of Goods, and if we have entered into a Contract where we will deliver the Goods to you on a regular and repeated basis, it shall commence on the date of delivery of the first delivery.   
3. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our addresses listed in Our identification data). You may also use the sample form provided by Us for withdrawal, which is attached as Annex 2 to the Terms and Conditions. 
4. However, even as a consumer, You may not withdraw from the Contract in cases where the subject matter of the Contract is the performance referred to in §1837 of the Civil Code. 
5. The withdrawal period under Article 8.2 of the Terms and Conditions shall be deemed to have been observed if You send Us a notice that You withdraw from the Contract during the withdrawal period. 
6. In the event of withdrawal from the Contract pursuant to Article 8.2 of the Conditions, You are obliged to send the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to a refund of the Shipping Charge by Us, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods. 
7. In the case of cancellation of the Contract, the Price will be refunded to You within 14 days of the effective date of cancellation to the account from which it was credited or to the account selected by the canceller. However, the amount will not be refunded until We have received the Goods or You have provided Us with evidence that they have been returned to Us. Please return the Goods to Us clean, including the original packaging where possible. 
8. However, in the event of withdrawal from the Contract pursuant to clause 8.2 of the Conditions, You shall be liable to Us for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarise You with the nature, features and functionality of the Goods, i.e. in the manner in which You would familiarise Yourself with the Goods in a bricks and mortar shop. In the event that we have not yet refunded the Price to you, we shall be entitled to set off the claim for costs against your claim for reimbursement of the Price. 
9. We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period set out in clause 6.1 of the Conditions. We may also withdraw from the Contract if it is clear that you have deliberately provided incorrect information in the Order. In the event that you are purchasing the Goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.  

1. We handle consumer complaints via the electronic address support@beey.io We will send information about the handling of the complaint to the buyer’s electronic address. 
2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means. 
3. The European Consumer Centre Czech Republic, with registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes). 

1. If our legal relationship with you has an international element (e.g. we will ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement. 
2. All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us. 
3. The Agreement may only be amended by written agreement between Us. However, We may amend these Terms and Conditions, but such amendment will not affect any Contract already entered into, but will only affect any Contract entered into after the amendment takes effect.  
4. In the event of Force Majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), We shall not be liable for damages caused as a result of or in connection with the Force Majeure event, and if the Force Majeure condition continues for more than 10 days, We and You shall have the right to withdraw from the Contract. 
5. A sample claim form and a sample withdrawal form are attached to the Terms and Conditions. 
6. The Agreement, including the Terms, is archived electronically with Us but is not accessible to You. However, You will always receive these Terms and Conditions and an Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Conditions. 
7. These Terms of Service are a literal translation of the Czech TERMS AND CONDITIONS FOR E-SHOP and are valid from 12/11/2023.