AND. Introductory Provisions

1.1. The company THERMANN PRO s.r.o., with registered office at Horňátecká 481/5, Kobylisy, 182 00 Prague 8, IČO: 19567308 (hereinafter referred to as THERMANN or the seller) is registered in the commercial register maintained by the Municipal Court in Prague in section C, entry 3885252. The subject of the seller's business is mainly, but not exclusively, the manufacture of machinery and equipment, wholesale and retail trade, the manufacture of electronic components, electrical equipment, the manufacture and repair of electrical machines, devices and electronic equipment operating at low voltage, the provision of technical services and the sale of heat pumps.

1.2. These terms and conditions are effective from 1/1/2024 and are published on the seller's website https://www.thermannpro.cz/. The seller reserves the right to unilaterally change or modify these terms and conditions, which the buyer acknowledges. The terms and conditions are binding for both contractual parties, unless otherwise expressly agreed in the contract.

1.3. The terms and conditions govern the rights and obligations of the seller and the buyer (customer) in the sale of goods (in these terms and conditions also "item" or "purchased item") of the seller realized by means of remote communication or by sale at the seller's premises. They apply to all sales contracts between the seller and the buyer and to all customer orders, unless otherwise expressly agreed in the contract. Contractual relations are governed by the legal system of the Czech Republic.

1.4. Every customer is obliged to familiarize himself with these terms and conditions if he is interested in buying an item from the seller. By placing an order or concluding a purchase contract, regardless of its form, the customer confirms that he has familiarized himself with these terms and conditions of the seller and agrees with them.

1.5. The seller provides its services only on the territory of the Czech Republic. Any delivery of the purchased item outside the Czech Republic must be handled by the buyer with the seller.

II. Purchase contract

2.1. The seller sells things to the buyer based on his order. Individual purchase contracts are concluded exclusively through remote communication via e-mail and/or via the seller's web interface. A purchase contract is concluded by confirmation of the customer's order or confirmation of the delivered and properly completed web form by the seller.

III. Purchase price

3.1. The purchase price is determined by the seller. The price specified in the seller's price list published on his website is decisive for determining the amount of the purchase price. In addition to the price, the buyer will be charged value added tax in the legal amount.

3.2. The buyer is obliged to pay the seller the entire purchase price, including VAT. The seller charges the purchase price to the buyer with a tax document (invoice). The invoice will be sent to the buyer exclusively in electronic form.

3.3. The buyer is obliged to pay the purchase price before handing over the purchased item, no later than 14 days from the date of delivery of the invoice. If the buyer does not pay the entire purchase price properly and on time, the purchase contract is cancelled. In case of doubt, the invoice was delivered to the buyer on the third day after it was sent by the seller to the buyer's email address.

IV. Delivery of the item

4.1. The seller is obliged to hand over the purchased item to the buyer. The seller fulfills this obligation by handing over the purchased item to the seller or a representative authorized by him at the seller's premises at the address Černoleská 2326, 256 01, Benešov or by sending the purchased item to the buyer's address.

4.2. The buyer is obliged to take over the purchased item from the seller at his place of business no later than 30 days after the seller's notification that the purchased item is ready for collection was delivered to the buyer. In case of delay by the buyer in taking over the item from the seller, the buyer is obliged to pay the seller a storage fee of 1 % from the purchase price of the item for each day of delay. On the thirtieth day of delay in receiving the purchased item, the item is considered to have been handed over to the buyer, and on this day the risk of damage to the item passes to the buyer.

4.3. If the agreed place of delivery of the purchased item is not the seller's premises, the seller fulfills his obligation to hand over the purchased item to the buyer by handing over the item to the first carrier for transportation (shipping), always at the expense of the buyer. In this case, in addition to the purchase price, the buyer is obliged to pay the shipping fee in the amount according to the valid price list of the contractual carrier that carries out the transportation and the packing fee according to the seller's price list. By choosing the appropriate mode of transport, the buyer also expresses his consent to the price of this transport. Transport will be carried out according to the transport regulations of the contractual carrier. The purchased item is considered delivered even if the buyer did not take over or refused to take over the item, or did not collect it from the seller, even if he should have done so. In the case of delivery of the item via a contracted carrier, the buyer is obliged to confirm receipt of the delivered shipment by the carrier and inspect the shipment. If the buyer fails to deliver the item, he bears all costs associated with it. The seller is not responsible for any damage caused by the transportation of the item.

IN. Liability for item defects and informed consent

5.1. The seller's responsibility for defects in the purchased item is governed by the relevant legal regulations, in particular the Civil Code.

5.2. The seller provides a basic guarantee for the quality of the item sold for a period of 24 months. The terms of the extended warranty are listed at https://www.thermannpro.cz/

5.3. The seller is not responsible for defects of the purchased item caused by unprofessional or unreasonable handling, use and installation that are contrary to the usual way of use or neglect of care for the purchased item, wear and tear of the item caused by usual use, for defects caused by mechanical damage to the item after the risk of damage to the work has passed, by using the item in unsuitable conditions (especially temperature, chemical and mechanical environmental influences), item defects caused by excessive loading, for defects caused by natural elements or force majeure or damage to the item during transport.

5.3. The seller expressly declares that he does not assume the risk of a change in circumstances within the meaning of para. § 1765 of the Civil Code.

5.4. The buyer is obliged to claim defects with the seller exclusively electronically at the address reklamace@thermannpro.cz

VI. Personal data protection

6.1. By concluding the contract, the buyer agrees to the use, processing and collection of his personal data, which the seller obtains in connection with the fulfillment of the subject of the contract, to the following extent: name, surname, place of residence, business company, ID number, registered office of the company, tel. contact, e-mail. Consent is granted for an indefinite period. These data are stored and processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC ( general regulation on the protection of personal data) and with Act. C. 110/2019 Coll., on the processing of personal data. The buyer has the right to access his personal data, including the right to correct or delete it.

6.2. The buyer gives the seller consent to provide the buyer's personal data, in particular to the carrier, so that the purchased item can be delivered to the buyer and for the seller's commercial and advertising messages to be sent for a period of one year after the termination of the contractual relationship.

6.3. The buyer's personal data is processed both automatically and manually and may be made available to the seller's employees and its business partners, if this is necessary to fulfill their work duties, as well as to processors with whom the seller has a contract for the processing of personal data, or to other persons in accordance with applicable legal regulations.

6.4. The buyer can revoke the given consent at any time, in whole or in part, in the same form as it was granted, by telephone, in person, by a reliable form of electronic communication or in writing in paper form.

VII. Final provisions

7.1. The individual provisions of these terms and conditions are severable. If there is any provision, or its part of these terms and conditions is wholly or partially null and void, the effectiveness of the other provisions remains, or their parts intact.

7.2. In the event of a legal dispute between the seller and the buyer who is not a consumer, they agree according to section § 89a seller and buyer local jurisdiction of the District Court in Benešov, or The Regional Court in Prague, according to jurisdiction.

7.3. These terms and conditions take effect on 1 January 2024.

In Benešov 31.12.2023

THERMANN PRO Ltd