Terms of service
Terms of Service
OVERVIEW
These Terms of Service regulate the rules for the visit of the website smalo-emobility.com (“website”, “site”) and the purchase in the online store on the website including the rights and obligations of the seller, the company Darfon Electronics Czech s.r.o., Id.-No.: 276 79 268, having its seat at Cvrčovice 192, 691 23, Cvrčovice, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Subsection 51364, and the buyer.
Throughout the site, the terms “Smalo”, “we”, “us” and “our” refer to the company Darfon Electronics Czech s.r.o. Smalo offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If a certain provision refers expressly to a Consumer, the provision regulates special rights or obligations of the Consumer and applies only to Consumer. Consumer is a special category of the buyer – consumer is a person who outside its scope of business or the independent exercise of its profession enters into a contract or has other dealings with an entrepreneur. Consumer is subject to a special enhanced protection provided by the legal regulations, in particular by the Act No. 89/2012 Coll., Civil Code (“Civil Code”) and the Act. No. 634/1992 Coll., on Consumer Protection (“Act on Consumer Protection”). If such provision conflicts with the legal regulations, legal regulations shall always prevail.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes to these Terms constitutes acceptance of those changes. Nevertheless, the new wording of these Terms of Service does not apply on the purchase contracts concluded before the new wording of the Terms came into force. Such contracts are governed by the previous wording of the Terms. The new wording of the Terms applies only to the contracts concluded after the new wording of Terms came into force.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
1 ONLINE STORE TERMS
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of these online store terms stated in this Article 1 will result in an immediate termination of your Services.
2 GENERAL CONDITIONS
2.1 We reserve the right to refuse Service to anyone for any reason at any time.
2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information that are available. Any reliance on the material on this site is at your own risk.
3.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 ORDER / PURCHASE CONTRACT
4.1 You may select the product directly on the website where a catalogue of the products offered by us is published including the description of the individual products.
4.2 The purchase on the website is made in following steps:
a. you add the selected product to the cart;
b. you complete all the information in the order that are marked as obligatory;
c. you submit the order with the obligation to pay;
d. you pay the price for the product.
e. you receive a confirmation of the purchase containing all the information regarding the purchase and the Terms in a PDF form.
4.3 The order made by you, represents a draft of a purchase contract with the obligation to pay. Once we receive the purchase price, you receive a confirmation of the order and the concluded purchase contract from us. In case the purchase price is not paid, the purchase contract is cancelled.
4.4 You can change, control and modify the order till you submit (send) the order.
4.5 The purchase contract will be concluded in the language of the website through which the order was placed or in the language you chose while making the purchase.
4.6 We archive the purchase contract for the purpose of the fulfillment of the contract and we enable you an access to it upon your request.
5 PURCHASE PRICE AND PAYMENT CONDITIONS
5.1 Purchase price is stated on the website by individual products. The purchase price includes all taxes, fees and other dues. However, the purchase price does not include the shipping costs and, if applicable, other services such as extended warranty insurance and similar services. You are informed about the final price, i.e. the price including all taxes, fees, shipping costs etc. before submitting the order.
5.2 The price for shipping as well as method and time of delivery depend on your choice of the shipping method in the shopping cart before submitting a binding order. For more details, please refer to our Shipping Policy.
5.3 You will choose the method of payment in the shopping cart before submitting a binding order.
5.4 The products remain our property until the full payment of the purchase price.
6 MODIFICATIONS TO THE SERVICE AND PRICES
6.1 Prices for our products are subject to change without notice. Nevertheless, once you conclude a purchase contract with us, the price cannot be changed without your consent.
6.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. This does not apply on the Service you already purchased. Once you purchase the Service, you receive the Service in the quality and quantity you ordered.
6.3 We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products are subject to change at anytime without notice, at the sole discretion of us.
6.4. Within the limits permitted by the law we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7 PRODUCTS OR SERVICES
7.1 Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities. The products and Services purchased through the website are subject to return or exchange according to our Return Policy.
7.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the online store. We cannot guarantee that your computer monitor's display of any color will be accurate.
7.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any product or Service made on this site is void where prohibited.
7.4 We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7.5 A limited warranty is provided since the takeover of the Service. Please refer to our Warranty Policy for details.
8 ACCURACY OF BILLING AND ACCOUNT INFORMATION
8.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are solely and fully responsible for any errors, service interruptions, or losses arising from your failure to promptly update or maintain accurate purchase or account information. We disclaim all liability for such consequences.
8.3 For more details, please review our Return Policy.
9 OPTIONAL TOOLS
9.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
9.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
9.3 Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10 THIRD-PARTY LINKS
10.1 Certain content, products and Services available via our Service may include materials from third-parties.
10.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
10.3 We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
11.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
11.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12 PERSONAL INFORMATION
12.1 Your submission of personal information through the online store is governed by our Privacy Policy.
13 ERRORS, INACCURACIES AND OMISSIONS
13.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
13.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14 PROHIBITED USES
14.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
15.1 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
15.2 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
15.3 You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
15.4 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
15.5 In no case shall Smalo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16 INDEMNIFICATION
16.1 You agree to indemnify, defend and hold harmless Smalo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17 SEVERABILITY
17.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
18 TERMINATION
18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
18.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
18.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19 ENTIRE AGREEMENT
19.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19.2 These Terms of Service including all the documents refer to herein and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
19.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
20 GOVERNING LAW
20.1 These Terms of Service, or rather all agreements whereby we provide you Services purchased on the website and legal relationships arising therefrom shall be governed by and construed in accordance with the laws of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
20.2 In case that the buyer is a consumer and resides in the territory of the European Union, the buyer (consumer) also receives the protection provided by the mandatory provisions of the legislation of the country where the buyer resides.
21 COMPLAINTS, RESOLUTION OF DISPUTES
21.1 You are entitled to send us a complaint in any form and we undertake to deal with the complaint and to try to settle the complaint. You may also approach with a complaint the relevant controlling body or state supervision body. We are entitled to sell the products on the basis of a trade license. The trade control is carried out within the scope of its competence by the competent Trade Licensing Office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Act on Consumer Protection within a defined scope. You are entitled to lodge a complaint with the above-mentioned authorities or other competent state supervision bodies.
21.2 The consumer has the right to an extrajudicial resolution of a consumer dispute from a purchase contract. The Czech Trade Inspection Authority, having its registered office at Gorazdova 1969/24, 120 00 Prague 2, Id.-No.: 000 20 869, internet address: http://www.coi.cz, is responsible for the extrajudicial resolution of the consumer disputes from the purchase contracts. Extrajudicial resolution of a consumer dispute is initiated at the consumer's request. The consumer may file a petition to initiate an extrajudicial resolution of a consumer dispute with the Czech Trade Inspection Authority within 1 year since the day, when he/she executed their right, which is the subject of the dispute, in relation to us for the first time. The rules of the consumer dispute resolution procedure are listed in detail on the website of the Czech Trade Inspection Authority. To resolve a consumer dispute from a purchase contract, the consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/odr.
21.3 Exclusive place of venue for all disputes between an entrepreneur and us resulting from or in connection with the purchase contract shall be Břeclav, Czech Republic. In case of a consumer a dispute will be decided by the appropriate court in accordance with the legal regulations.
22 CHANGES TO TERMS OF SERVICE
22.1 These Terms shall come into effect on: 1 July, 2025
23 CONTACT INFORMATION
23.1 Questions about the Terms of Service should be sent to us at smalo.service@smalo-emobility.com
Our contact information is posted below:
Darfon Electronics Czech s.r.o.
Cvrčovice 192
691 23 Cvrčovice
Czech Republic
Tel: +420 548 998 600
REG no. / IČO: 27679268
VAT no./ DIČ: CZ27679268
