General Terms and Conditions of the e-shop

(hereinafter referred to as "Terms and Conditions")

of CAN SUPERCONDUCTORS, s.r.o., a limited liability company incorporated and existing under Czech law, ID No.: 256 20 312, VAT No.: CZ25620312, with registered office at Kamenice, Ringhofferova 66, Postal Code 251 68, registered in the Commercial Register of the Metropolitan Court in Prague, file no. C 55429 (hereinafter referred to as "CAN" or the "Seller")

Contact details

Phone: +420 313 033 358
Email: info@can-superconductors.com
Contact address: U Sanitasu 1621, 251 01 Ricany, Czech Republic

1. General and interpretative provisions

1.1. These Terms and Conditions are an integral part of all contracts concluded between CAN and the purchasers via the online shop at https://shop.can-superconductors.com/ (hereinafter referred to as the "e-shop" or "web interface"), in accordance with § 1751 of Act No. 89/2012 Sb., the Civil Code, as amended. Deviating provisions in the relevant contract take precedence over the wording of these Terms and Conditions.

1.2. A consumer as defined in the Civil Code in conjunction with Act No. 634/1992 Sb., Consumer Protection Act (hereinafter referred to as the "Consumer Protection Act"), for the purposes of these Terms and Conditions, means a person (a natural person) who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes a contract with the Seller or otherwise deals with the Seller (and shall hereinafter be referred to as the "Consumer"). For the purposes of these Terms and Conditions, an entrepreneur means any natural or legal person other than a Consumer (e.g. including non-business legal persons, institutes, universities, etc.) (hereinafter referred to as the "Entrepreneur").

1.3. The special statutory provisions on the sale of goods to Consumers do not apply to regulate the relationship between the Seller and the Entrepreneur. Furthermore, the provisions of the Civil Code on distance contracts and contracts concluded away from business premises (Book Four, Title I, Chapter 4, Section 2), and in particular the provisions of Section 1829 et seq. of the Civil Code, do not apply to the relationship between the Seller and the Entrepreneur. For the relationship between the Seller and the Entrepreneur, the provisions of Section 1924 of the Civil Code, whereby the Entrepreneur is not entitled to reimbursement of costs reasonably incurred in the event of a complaint, are expressly excluded. Furthermore, the Entrepreneur shall not be entitled to compensation for damage caused by a defective product in accordance with Section 2943 of the Civil Code, by a faulty product, during assembly or installation of the product or in any other way causally connected with the product. The Consumer Protection Act shall also not apply to the relationship between the Entrepreneur and the Seller.

1.4. Unless expressly stated otherwise, the "Buyer" within the meaning of these Terms and Conditions means both the Consumer and the Entrepreneur.

1.5. The text of these Terms and Conditions is publicly available on the CAN website at https://shop.can-superconductors.com/ under the link "Terms and Conditions of Use" and can be downloaded via the "Download" icon.

1.6. For the purposes of these Terms and Conditions, "parties" mean the parties to a purchase contract concluded through the e-shop between CAN as the Seller and the Consumer or the Entrepreneur as the Buyer. For the purposes of these Terms and Conditions, the written form shall be observed even if such legal action, communication or notification is made via email.

2. Order and conclusion of the purchase contract

2.1. The web interface provides a list of goods including a description of the main features of each item. The presentation of the goods is for information purposes only and does not constitute a proposal by us to conclude a contract within the meaning of Section 1732(2) of the Civil Code. In order to conclude a contract, the Buyer must send an order and CAN must accept the order.

2.2. The Buyer can always place an order through the e-shop by filling in the form.

2.3. The order must contain all the information prescribed in the form, in particular an exact designation of the goods ordered (or the numerical designation of the goods), a number of pieces, a place of delivery, a chosen method of payment and transport and the Buyer's contact details (delivery and billing, if applicable).

2.4. Before the binding dispatch of the order, the Buyer still has the possibility to check and change the input data he has provided in the order and to check the final price (depending on the chosen method of transport and payment). In particular, we recommend checking the type and quantity of goods, the e-mail, billing address and delivery address. When the order is created, these Terms and Conditions will be available for consultation in the relevant online environment, and the Buyer is obliged to read them and confirm their acceptance by clicking on them.

2.5. A binding order is placed by the Consumer by pressing the "PLACE ORDER" button. CAN considers the information provided in the binding order to be correct and complete.

2.6. If CAN has doubts about the authenticity and seriousness of the order, it may contact the Buyer to verify it. CAN may reject an unverified order. Such an order shall then be treated as if it had not been placed.

2.7. The purchase contract is concluded at the moment when the Buyer receives the order confirmation from CAN. The order confirmation will be sent to the Buyer's e-mail address provided in the order. Should the order confirmation not be received, the contract is concluded when the Buyer pays the full purchase price or takes delivery of the ordered goods (whichever is earlier). 

2.8. The Buyer may cancel by email an order that has not yet been confirmed by CAN (i.e. in the case the Buyer has not received an order confirmation from CAN pursuant to Article 2.7 of these Terms and Conditions). All orders confirmed by CAN are binding. Later cancellation of the order is only possible by agreement with CAN. If an order is cancelled in this way for goods which cannot be withdrawn from the contract (see more details in Article 6.3), CAN shall be entitled to reimbursement of the costs it has already incurred in connection with the contract.

2.9. The contract is not in writing with the signatures of the parties. The contract consists of these Terms and Conditions, the Buyer's order and its acceptance by CAN. The Contract (including these Terms and Conditions) shall be archived by CAN in electronic form. The Contract is not accessible to third parties.

3. Price of goods and VAT charge

3.1. The prices of the presented goods and the prices for packaging, shipping and delivery remain valid for the time they are displayed on the web interface or at the time they are communicated to the Buyer. The prices of the goods are quoted in EUR or USD.

3.2. If the Buyer is a Consumer or Entrepreneur who is not a VAT payer, a VAT at the applicable rate according to the regulations of the Czech Republic is added to the price of the goods.  

3.3. In the event that an Entrepreneur based in an EU Member State who is a VAT payer does not include a valid VAT number in the order, which can be verified in the VIES system, he will also be charged VAT at the applicable rate according to the regulations of the Czech Republic. Such Entrepreneur acknowledges that once the Czech VAT has been charged and paid by the Seller, the Seller cannot refund the VAT to the Buyer.

3.4. If the goods are delivered outside the EU, they are exempt from the Czech VAT. All taxes, duties and charges in the country of destination outside the EU are then borne by the Buyer.

4. Delivery conditions

4.1. The Seller is obliged to deliver the goods to the Buyer in the agreed manner, properly packed and, if necessary, equipped with the necessary documents. 

4.2. CAN shall arrange for delivery of the goods to the Buyer at the place specified by the Buyer in the order as the place of delivery. If the Buyer does not specify any place of delivery in the order, the place of delivery shall be the Buyer's address specified in the order.

4.3. The cost of delivery always depends on the size and nature of the goods and the price list of the chosen carrier. The actual delivery costs are listed on the web interface. The order will always include the final price, which already includes the cost of the selected shipping method.

4.4. The delivery time always depends on the availability of the goods and the selected method of transport and payment. CAN undertakes to deliver the goods without undue delay and to the Consumer within thirty (30) days at the latest. In exceptional cases, or if the goods are not in stock, the delivery time may be longer, of which the Buyer will be notified immediately upon discovering this fact. The estimated delivery time on the web interface is then only indicative.

4.5. In the case of a Consumer, delivery means the moment when the goods are handed over to the Consumer. On receipt of the goods, the Consumer shall check the integrity of the packaging of the goods. If he finds any defects, he shall immediately inform the carrier and CAN. If the Consumer refuses to accept a shipment with damaged packaging, this shall not be considered an unreasonable refusal of the goods.

4.6. From the moment the Consumer takes possession of the goods (or from the moment the Consumer was obliged to take possession of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to the Consumer.

4.7. In the case of an Entrepreneur, delivery of the goods means the moment when the goods are handed over to the first carrier. On receipt of the goods from the carrier, the Entrepreneur is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately of any defects in the packaging of the goods. A report of the defects shall be drawn up. If a defect report is not drawn up, the Entrepreneur loses any claims arising from the defective packaging of the goods.

4.8. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different way than agreed, the Buyer is obliged to pay the costs associated with such delivery.

5. Payment terms

5.1. The Buyer has an option to pay the purchase price for the goods to the Seller by any of the methods listed below:

(i) Prior to delivery of the goods, online by a credit card through a secured payment gateway;

(ii) Prior to delivery of the goods by a bank transfer to the Seller's bank account based on the instructions for advance payment by a bank transfer issued by the e-shop during the order process;

Or by other payment methods that may be listed on the web interface.

5.2. In the case of non-cash payment prior to delivery of the goods, the price is payable within five (5) days of CAN's order confirmation in accordance with Article 2.7. The Buyer's obligation to pay the price in the case of a non-cash payment is fulfilled when the relevant amount is credited to CAN's bank account, or to the account CAN has with the payment gateway providers.

5.3. CAN is always entitled to ask the Buyer to pay the full price of the goods before they are dispatched or handed over. Provisions of Section 2119(1) of the Civil Code shall not apply.

5.4. The Seller shall issue a tax document to the Buyer and attach it to the goods.

6. Consumer's right to withdraw from the contract within 14 days

6.1. The Consumer may withdraw from the purchase contract in accordance with Section 1829 of the Civil Code without giving any reason within fourteen (14) days from the date of receipt of the goods. The notice of withdrawal shall be sent by the Consumer to the delivery address or e-mail of the Seller specified in the header of these Terms and Conditions. The Consumer may use the Sample Withdrawal Form for Consumers for the purpose of withdrawal but is not obliged to do so. The Seller shall acknowledge receipt of the notice of withdrawal to the Consumer without undue delay. 

6.2. Withdrawal from the contract cancels the contract from the beginning and it shall be regarded as if it had not been concluded. 

6.3. Pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from, among others, the contracts for the supply of goods that have been adapted to the Consumer's wishes or for the Consumer's person.

6.4. The Consumer is obliged to return the goods within 14 days of withdrawal from the contract to CAN's contact address. The Seller is not obliged to accept goods sent as cash-on-delivery. The costs of sending the returned goods to the Seller's address shall be borne by the Consumer. 

6.5. The Seller shall return the funds to the Consumer in the same way as it received them from the Consumer. Any funds received will be returned to the Consumer within fourteen (14) days of withdrawal. The Consumer acknowledges that the Seller is not obliged to refund the money before the Consumer returns the goods or proves that he/she has sent the goods to the Seller. In addition to the purchase price, the Consumer is entitled to a refund of the cost of delivery of the goods to the Seller. However, if the Consumer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Consumer for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery offered.

6.6. When sending the goods, the Consumer is obliged to wrap the goods in suitable packaging so as not to damage or destroy them. If the value of the goods has been diminished (the goods have been partially consumed or worn out as a result of handling the goods in a manner other than that necessary for the Consumer to become familiar with the nature, characteristics and functionality of the goods), the Consumer shall be obliged to compensate for the lack of the value in money. The Seller shall be entitled to offset the amount representing the compensation for damage incurred by the Consumer's use of the goods in breach of Section 1833 of the Civil Code against the refunded part of the purchase price of the goods. 

6.7. The Entrepreneur does not have the right to withdraw from the contract without giving a reason within fourteen (14) days from the date of receipt of the goods.

7. Withdrawal from the contract by CAN

7.1. CAN reserves the right to withdraw from the contract in the following cases:

(i) a technical error resulted in the apparent incorrect price of the goods on the web interface;

(ii) the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured);

If any of the aforementioned events occur, the Seller will inform the Buyer of the withdrawal from the contract without delay. The withdrawal shall be effective against the Buyer at the moment when delivered to the Buyer. If the Buyer has already paid the purchase price in full or in part, the Seller shall reimburse the amount received in the same manner as it was received. CAN shall return the money within five (5) working days of the withdrawal from the purchase contract.

8. Consumer rights arising from defective performance and the Consumer complaint procedure

8.1. CAN shall be liable for the fact that the goods are free from defects within the meaning of the Civil Code upon receipt by the Consumer. The Consumer's rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174 of the Civil Code). The Consumer may complain about a defect which becomes apparent in the goods within two years of receipt.

8.2. In the case of a defect that constitutes a material breach of the contract, the Consumer may claim:

(i) remedy of the defect by supplying a new item without the defect or by supplying the missing item; 

(ii) free of charge remedy of the defect by repair, a reasonable discount on the purchase price; or 

(iii) refund of the purchase price on the basis of withdrawal from the contract.

A material breach of contract is the one which the party breaching the contract already knew or must have known at the time of entering into the contract, that the other party would not have entered into the contract had it foreseen such a breach.

8.3. In the case of a defect that constitutes an insignificant breach of the contract, the Consumer is entitled to have the defect remedied or a reasonable discount on the purchase price.

8.4. The Consumer is obliged to file a complaint without undue delay after the discovery of the defect in the following recommended manner:

(iv) to inform the Seller about the complaint in advance by phone, e-mail or in writing for faster processing, while it is advisable to inform the Seller which right from defective performance is chosen by the Consumer;

(v) to deliver the claimed goods together with the claim or subsequently to the Seller's contact address, and when sending the goods, it is recommended to pack them in suitable packaging so that they are not damaged or destroyed;

(vi) to facilitate the procedure, it is advisable to attach a proof of purchase or tax document - invoice or other document proving the purchase of the goods, together with a description of the defect and a proposal for the solution of the complaint.

Failure to comply with any of the above steps or failure to submit any of the above documents shall not preclude the positive settlement of the claim under the statutory conditions.

8.5. The moment of claim is the moment when the Consumer has notified the Seller of the occurrence of the defect and exercised the right of liability for defects in the sold item.

8.6. The Seller shall decide on the received complaint within seven (7) working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. The complaint, including the possible removal of the defect, shall be settled without undue delay, at the latest within thirty (30) days from the date of the complaint.

8.7. If the Consumer chooses a right that cannot be granted for objective reasons (in particular in the case of irremediable defects or in the case of replacement of goods that is not possible), CAN will contact the Consumer immediately to choose another right.

9. Rights of the Entrepreneur from defective performance and the procedure for the Entrepreneur's claim

9.1. The Entrepreneur's rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the Civil Code.

9.2. In case of a defect, the Entrepreneur is obliged to file a claim with the Seller without undue delay after the defect has been detected. In this case, the Entrepreneur is obliged to inform the Seller in writing and describe the defect and/or how the defect manifests itself.

9.3. Together with the notification of the defect, the Entrepreneur shall choose the method of resolving the complaint within the meaning of Section 2106 of the Civil Code. If the Entrepreneur fails to do so, the Seller shall decide. The choice made can only be changed in agreement with the Seller. If the Entrepreneur considers the defect to be a material breach of contract, he/she is obliged to prove this to the Seller.

9.4. The Entrepreneur acknowledges that until he/she exercises his/her right to a discount on the purchase price or withdraws from the contract, the Seller is entitled to deliver the missing goods.

9.5. The Entrepreneur shall deliver the claimed goods to the Seller in the manner and place specified by the Seller, and when sending the goods, the Entrepreneur is obliged to pack them in suitable packaging so that they are not damaged or destroyed.

9.6. The moment of the claim of the Entrepreneur is the moment when the Seller has received the claimed goods.

10. Registration on the web interface

10.1. By registering via the registration form on the web interface, a user account is created. The Buyer is obliged to keep the access data to the user account confidential. The Seller is not responsible for any misuse of the user account by a third party.

10.2. The information provided at the time of registration must be true and complete. CAN may cancel an account that was created using false or incomplete information without refund. In the event of changes to the Buyer's details, CAN recommends that they are amended in the user account without delay.

10.3. Through the user account, the Buyer can primarily order goods, track orders and manage the user account. Any additional functions of the user account are always indicated on the web interface.

10.4. The Buyer acknowledges that CAN has the right to terminate the Buyer's user account without refund if the Buyer's account is used to violate good morals, applicable law or these Terms and Conditions.

11. Copyright protection, liability and use of the web interface

11.1. The content of the web pages located on the web interface (texts including Terms and Conditions, photographs, images, logos, software, etc.) is protected by CAN's copyright or the rights of others. The content may not be altered, copied, reproduced, distributed, or used for any purpose by the purchaser without the consent of CAN or the copyright holder. Allowing free or paid access to photographs and texts placed on the web interface is prohibited in particular.

11.2. The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners. 

11.3. CAN shall not be liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, the purchaser must not use any procedures that could interfere with the function of the system or unduly burden the system.

11.4. If the Buyer commits any illegal or unethical act while using the Web Interface, the Seller is entitled to restrict, suspend, or terminate the Buyer's access to the Web Interface without any compensation. 

12. Personal data protection

12.1. All personal data collected from Consumers is strictly confidential and is treated in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679. No personal data of Consumers is disclosed to third parties. More detailed information on the processing of personal data is provided in the Personal Data Protection Principles (GDPR) section on the website. 

13. Applicable law in Consumer contracts and dispute resolution

13.1. Relationships arising under contracts concluded between CAN and the Consumer (including these Terms and Conditions) shall be governed by and construed in accordance with the laws of the Czech Republic, in particular the Civil Code. However, if the law of the state of the Consumer's habitual residence in the EU provides a higher level of Consumer protection than the Czech law, the Consumer shall be afforded this higher level of protection in legal relations.

13.2. In the event of a dispute between a Consumer and CAN, the Consumer has the right to contact the Czech Trade Inspection Authority (Česká obchodní inspekce). Address: Česká obchodní inspekce, Ústřední inspektorát - ADR Department, Štěpánská 15, 120 00 Praha 2; web interface: www.coi.cz, ; electronic contact: adr@coi.cz ; telephone: +420 296 366 360) for the purpose of out-of-court settlement of a Consumer dispute. This right may be exercised no later than one (1) year from the date on which the right which is the subject of this Consumer dispute was first exercised with CAN.

13.3. Consumers can also use the online platform set up by the European Commission at http://ec.europa.eu/Consumers/odr/ to lodge a complaint about goods or services purchased from the Seller and to find an ADR entity. 

14. Applicable law for contracts with Entrepreneurs and dispute resolution

14.1. Relationships arising under contracts concluded between CAN and the Business (including these Terms and Conditions) shall be governed by and construed in accordance with the laws of the Czech Republic, in particular the Civil Code. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 thereof.

14.2. Any disputes arising from contracts concluded between CAN and the Entrepreneur shall be settled exclusively by the locally competent courts of the Czech Republic.

15. Final provisions

15.1. When concluding a contract, means of distance communication (in particular the Internet) are used. The costs incurred when using means of distance communication (in particular the cost of the internet connection or telephone calls) are borne by the Buyer. These costs do not differ from the normal rate.

15.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective or unenforceable, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. Amendments to the contract or the Terms and Conditions shall be in writing.

15.3. CAN reserves the right to amend these Terms and Conditions at its sole discretion. Amendments or supplements to these Terms and Conditions will not apply to contracts entered into prior to the effective date of such amendment or supplement. 

15.4. These Terms and Conditions shall take effect on January 11, 2024.

ATTACHMENT: Sample Withdrawal Form (for Consumers only)