Terms and Conditions of Sale

1. Introductory provisions
   • These General Terms and Conditions of Sale (“Terms”) are issued by akurlee s.r.o., Company Reg. No.: 02565684, having its registered office at Rimska 1199/35, Vinohrady, 120 00 Prague 2, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague under File no.: C 220957 (“Akurlee”).
   • These Terms represent the contract of sale between Akurlee and the buyer of an electronic device(s) or other product(s) sold by Akurlee (“Product”), which specifies the payment conditions, delivery and other rights and obligations of the parties to the contract of sale (“Contract”).
   • These Terms are aimed at business use only (not for consumers), so the buyer is a legal person, entrepreneur or other similar entity (“Buyer”). Should the buyer wish to buy the Product as a consumer, he/she is obliged to inform Akurlee of such, so that special consumer contract of sale may be concluded. For the avoidance of doubt Akurlee is not obliged to conclude such consumer contract of sale.
   • The person signing this Contract on behalf of a company or any other entity, which is not a buyer – natural person, hereby confirms that he/she is authorized to act on behalf of the Buyer and to conclude this Contract and undertakes to indemnify Akurlee for any harm and costs, incurred by it as a result of untruthfulness of this confirmation.
2. Subject matter of the Contract
   • Akurlee hereby undertakes to deliver the Product to Buyer and allow him to acquire the right of ownership therein, and the Buyer undertakes to take over the Product and pay Akurlee the purchase price subject to the terms and conditions hereof.
   • Buyer may place its order with Akurlee via Akurlee’s web pages available at meetingroomapp.com or via its contact e-mail or telephone (“Order”). By placing the Order with Akurlee hereunder, the Buyer confirms that it has read these Terms and agrees with them and undertakes to act in compliance with them. The Contract is concluded upon placement of the Order with Akurlee and confirmation thereof by Akurlee in case of an e-mail or telephone order.
   • Buyer undertakes to provide Akurlee with valid and complete information necessary for placement of the valid Order and following issuance of the invoice, including but not limited to full name, billing address, state, postal code, contact information, telephone number and valid payment method information. Buyer having its registered seat in the EU shall provide Akurlee also with valid value added tax number (VAT number).
3. Delivery
   • Akurlee undertakes to deliver the Product to Buyer within thirty (30) days as of the payment of the purchase price hereunder, whereas prior to payment, Akurlee is not obliged to deliver the Product. Without prejudice to the previous sentence, Akurlee may, under its sole discretion, deliver the Product to Buyer before the payment of purchase price of the Product, whereas in such situation the Buyer cannot refuse handover of such Product pursuant to this Contract.
   • Akurlee co-operates with following carriers: UPS, PPL, DPD, DHL, TNT Express; the list of the carriers may be changed from time to time by Akurlee. The choice of the carrier for delivery of the Product to Buyer is in Akurlee’s sole discretion.
   • Akurlee undertakes to deliver the Product to delivery address of Buyer stated in the Order by handover of the Product to the first carrier. The risk of loss of or damage to the Product passes to Buyer upon handover of the Product to the first carrier. The right of ownership passes to Buyer upon payment of the purchase price to Akurlee.
   • Akurlee is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of Akurlee. The carrier, as chosen by Buyer in the order, shall not be deemed an agent of Akurlee.
   • In case Buyer provides different billing and delivery address in the Order, Akurlee is entitled to require verification of the validity of such addresses and validity of the Order as such. In case Akurlee is not able to verify the Order and/or the addresses based on the information provided by Buyer or if, upon such verification, Akurlee is of reasonable opinion performance of the Order may breach its mandatory obligations, Akurlee shall not be obliged to deliver the Product in accordance with such Order and shall be entitled to withdraw from this Contract.
   • Where applicable, Buyer will obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the Product(s) and for its (their) transport through the country of delivery or any other country, as may be necessary.
   • Akurlee will obtain cargo insurance for the Products to cover delivery of the Products from their handover to the first carrier to delivery address of Buyer.
   • Any other delivery terms as stated hereunder are subject to agreement of the parties.
4. Purchase price and payment conditions
   • Buyer undertakes to pay the purchase price of the Product to Akurlee in accordance with Akurlee’s current price list available at meetingroomapp.com. The purchase price does not include packaging and shipping of the Product, which is charged separately, in accordance with the price confirmed by the Buyer in the Order. In case Buyer ordered also prolonged warranty for the Product, price for such warranty is billed separately from purchase price of the Product. Any payments, even if billed separately, may be stated in the same invoicing document, however as separate items.
   • Buyer may provide the payment hereunder in the following currencies: EUR, CZK, USD, GBP. The applicable currency is based on the registered seat or other place of business of Buyer. Any change of the currency is subject to approval of Akurlee.
   • Buyer undertakes to provide Akurlee with valid and complete information necessary for the issuance of the invoice or pro forma invoice, including but not limited to full name, billing address, state, postal code, contact information, telephone number and valid payment method information. Buyer having its registered seat in the EU shall provide Akurlee also with valid value added tax number (VAT number).
   • The payment hereunder may be provided:
     • by card via third-party payment providers chosen by Akurlee. Akurlee does not store or anyhow process any card or payment details and shall not be responsible for any difficulties connected with provision of incorrect payment data to payment portal. After the card payment is verified, Akurlee provides Buyer with confirmation of the payment.
     • by wire transfer to the bank account of the Akurlee stated on an invoice or pro forma invoice issued by Akurlee. The purchase price and other payments hereunder are due and payable within ten (10) days as of the delivery of invoice (pro forma invoice) to Buyer. The parties agree that Akurlee may send invoices via email without electronic signature. For the avoidance of doubt the decision of change of payment method in accordance with this clause is solely in Akurlee’s discretion.
   • The date of payment shall be considered the date of the chargeable event for the accounting and tax purposes.
   • Buyer is solely responsible for any fees, banking charges, local taxes, duties, import duty, excise or other charges connected to the payment for the Product, prolonged warranty or any other item hereunder. No price includes such charges and, if Akurlee becomes liable to pay such charges in the country of the Buyer’s registration, such charges shall be added to the overall price invoiced to Buyer. No price includes value added tax (VAT), which shall be added to the respective price in accordance with the legal regulations applicable on the date of payment, if applicable. For the avoidance of doubt Akurlee does not provide refund of the purchase price if Buyer refuses to pay any of the charges according to this provision.
5. Warranty
   • Buyer acknowledges that Akurlee is not a manufacturer of the Product. Buyer undertakes to read instructions for use delivered together with the Product (or otherwise made publicly available by the producer/distributor of the Product) and to follow them.
   • Akurlee transfers to Buyer any warranties as provided by the manufacturer of the Product and/or as bought by Buyer together with the Product hereunder (length of such prolonged warranty is provided in the Order). Such warranties shall be the sole warranty acquired by the Buyer to the Product.
   • No warranty hereunder applies to the Product which has been misused, damaged (either accidentally or deliberately), modified or otherwise tampered with by Buyer or any third person.
   • Buyer shall inspect the Product as soon as possible after the Product is delivered to Buyer disposal and verify its properties and quantity.
   • Buyer may exercise its right arising from a defective performance within warranty period provided by the manufacturer of the Product (including pro-longed warranty). Buyer may request from Akurlee to accept remove the defect of the Product. For the avoidance of doubt, Akurlee is not obliged to accept such request. In case Buyer’s request is accepted by Akurlee, the following applies:
     • Buyer returns the defective Product to Akurlee’s address with all components of the Product as well as any accessories, if any, together with invoice or other documents proving that it is a product bought from Akurlee. Buyer shall describe the defect and deliver such description together with the defective Product. Should Buyer fail to prove that the Product was bought from Akurlee and/or that the Product is defective, Akurlee may refuse to proceed with Buyer’s request. The costs of such delivery shall be borne by Buyer.
     • Akurlee undertakes to arrange a repair of the Product in order to remove the defect. In case the defect cannot be removed by repair of the Product, Akurlee informs Buyer without undue delay and Buyer has the right in accordance with Clause 4.3 hereof below.
     • In case the defect may not be removed by repair of the Product, Buyer will be entitled to receive a new defect-free Product or to withdraw from the Contract. In case of withdrawal, Buyer is entitled to get a reimbursement of the purchase price of the defective Product. Akurlee shall provide Buyer with such reimbursement within thirty (30) days as of the withdrawal of Buyer hereunder. In case Buyer has bought more than one piece of the Product hereunder, such withdrawal does not affect the effectiveness of this Contract in connection to the other defect-free Products.
     • Buyer acknowledges and accepts that Akurlee is not responsible for any data stored in the Product returned by Buyer and any damage caused by the removal or loss of data is borne by Buyer.
   • Save as expressly provided in these Terms or agreed expressly otherwise by the parties, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. In particular Akurlee makes no warranty respecting suitability or fitness of the Products for any particular purpose, non-infringement of third-party rights and warranties against latent defects.
6. Refund
   • Save as expressly provided in this Contract, Akurlee does not provide any refunds for the Products or other items bought hereunder.
7. Liability for damage
   • The parties hereby limit Akurlee’s liability to direct damages up to the amount of the purchase price of the Product or Products bought by Buyer. The limit does not apply to damage caused to the natural rights of an individual or caused intentionally or due to gross negligence. The parties hereby expressly agree that losses of profits, loss of orders, loss of clientele, operating losses, damage to goodwill or all actions directed against the party by a third party are indirect damages and therefore shall not grant entitlement to any right to compensation.
   • Akurlee is not liable for failure to fulfil any confirmed Order or delay and shall be released from the duty to provide damages to Buyer in case Akurlee was temporarily or permanently prevented from fulfilling his contractual duty hereunder due to an extraordinary, unforeseeable and insurmountable obstacle created independently of his will, including, but not limited to acts or omissions of other parties, delay by carrier, shortage of Product, acts of God, natural disaster and similar (“Force Majeure”). Akurlee will inform Buyer of such Force Majeure without undue delay. Should the Force Majeure prevent Akurlee from delivery of the Product, Buyer is entitled to return the purchase price, however, Akurlee will not be subject to any late payment interest or contractual penalty.
8. Intellectual property rights
   • The Products and services of Akurlee are protected by trademark owned by Akurlee. The Product may be also protected by trademark or any other business label of the manufacturer or supplier of the Product. Buyer is not allowed to use trademark of Akurlee, manufacturer and/or supplier in connection with any products or services hereunder. Moreover, Licensee is not allowed to remove trademark, logo, label or similar marking from the Product.
9. Termination of the Contract
   • The parties hereby exclude application of legal provisions governing withdrawal, which can be excluded based on agreement between the parties. The parties are entitled to withdraw from this Contract only for the reasons specified herein.
   • Akurlee is entitled to withdraw from the Contract in the following cases:
     • In case Akurlee delivers the Product to Buyer and Buyer does not pay the purchase price in time hereunder and does not remedy such delay even within additional period of ten (10) days as of the maturity of the purchase price; Buyer is then obliged to return all unpaid Products in the original packaging with all components and accessories, if any, to Akurlee. Costs of such return shall be borne by Buyer;
     • The Product ordered by Buyer is no longer in stock or the manufacturer ceased to produce and/or deliver such Product;
     • In case the Fource Majeure prevents Akurlee to deliver the Product hereunder;
     • In case there was a manifest error in the purchase price of the Product
     • In other cases expressly stated in this Contract.
   • Buyer may withdraw from this Contract in the following cases:
     • Akurlee is in delay with delivery of the Product and does not remedy such delay even within ten (10) days from the date of delivery hereunder;
     • In case the Fource Majeure prevents Akurlee to deliver the Product hereunder;
     • In other case as expressly stated in these Terms.
   • Termination of this Agreement shall not impact the effectiveness of its provisions that due to their subject shall remain effective, in particular provisions on liability.
10. Final provisions
    • Akurlee may change these Terms as well as price list containing the purchase price rate from time to time. Such change shall not affect any purchase of the Product executed before such change.
    • Unless stated otherwise in this Contract, it may only be amended by written amendments, signed by both parties. The parties expressly exclude possibility to enter into this Contract or to amend it with an addendum or a variation which does not substantially alter the terms of an offer.
    • The parties hereby agree that the legal relationship created hereunder shall be governed by the law of the Czech Republic, especially the Civil Code, without its rules of conflict of laws. The United Nations Convention on Contracts for the international Sale of Goods does not apply to the sale of the Product.
    • In case any term or phrase in these Terms allows various interpretations, it should be interpreted in accordance with purpose hereof. The parties explicitly exclude interpretation to the detriment of the person who used the term first.
    • The parties hereby expressly exclude use of any other commercial terms or business habits than these Terms in connection with the purchase of the Product.
    • Unless agreed otherwise in the Contract, any dispute arising in connection with the Contract shall be finally decided by Czech courts.

Last amended: August 29, 2023