Terms and conditions of the company:
HOT-CHIP s.r.o., IČO: 09031669, with registered office in: Náměstí 40, 739 21 Paskov, Czech Republic (hereinafter referred to as the “Seller”).
1.1 These Terms and Conditions govern the mutual rights and obligations of the Parties arising in connection with or on the basis of a purchase agreement (hereinafter “Purchase Agreement”) concluded between the Seller and another natural or legal person (“Buyer”) via the Seller’s online store.
1.2 The Internet store is operated by the Seller at the Internet address www.hot-chip.eu via a web interface (hereinafter referred to as the “Website”).
1.3 The Terms and Conditions further regulate the rights and obligations of the Parties when using the Seller’s website and other related legal relations. The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller acts in the course of business when ordering goods.
1.4 Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract shall take precedence over the provisions of the GTC.
1.5 The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are written in the Czech language. The Purchase Contract may be concluded in the Czech language.
Conclusion of the purchase contract
2.1 All presentations of goods placed on the website of the store are informative in nature and the seller is not obliged to conclude a purchase contract for these goods.
2.2 The Website contains information about the Goods, including prices of individual Goods. The prices of the Goods are listed including VAT and all related fees. The prices of the Goods shall remain valid as long as they are displayed in the web interface of the Store. The website also contains information on the costs associated with the packaging and delivery of goods. This provision does not limit the possibility of the Seller to conclude a purchase agreement under individually agreed terms.
2.3 To order goods, the Buyer fills the Order Form on the website of the Store. The order form contains, in particular, information about the ordered goods (the ordered goods are “inserted” by the Buyer into the electronic shopping cart of the Website), the method of payment of the purchase price, information about the required method of shipment of the ordered goods and information about the costs associated with the delivery. (hereinafter collectively referred to as the “Order”).
2.4 Before sending the order to the Seller, the Buyer may check and change his/her data entered in the order, including with regard to the Buyer’s ability to identify and correct errors that occurred when entering data in the order.
2.5 The Buyer sends the order to the Seller by clicking on the appropriate button in the order on the Website.
2.6 The data provided in the order are considered correct by the Seller. Immediately after receipt of the order, the Seller shall confirm this receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the User Account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
2.7 The contractual relationship between the Seller and the Buyer results from the delivery of the acceptance of the order (Acceptance), which the Seller sends to the Buyer by e-mail to the Buyer’s e-mail address.
2.8 The Buyer agrees to the use of means of distance communication in connection with the conclusion of the Purchase Contract. The costs incurred by the Buyer when using means of remote communication in connection with the conclusion of the Purchase Agreement (costs of Internet connection, costs of telephone calls) shall be borne by the Buyer and these costs shall not differ from the basic price.
Price and payment terms
3.1 The Buyer may pay the Seller the price and all costs related to the delivery of the Goods under the Purchase Agreement in the following ways:
- Online credit card (GP WebPay service),
- Cashless bank transfer
- Online payment via PayPal
3.2 Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also be understood to include the costs associated with the delivery of the goods.
3.3 If it is customary in business relations or provided for in generally binding legal regulations, the Seller shall issue the Buyer with a tax document – an invoice – for payments made on the basis of the Purchase Contract. The seller pays the value added tax. The tax document – invoice is issued by the Seller after payment of the price of the goods to the Buyer and sent in electronic form to the electronic address of the Buyer.
3.5 According to the Law on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue online with the tax administrator; in case of a technical defect within 48 hours at the latest.
Right of withdrawal
4.1 The Buyer has the right to cancel the order and withdraw from the contract within 14 days after receipt of the goods. In case of withdrawal from the contract according to the terms and conditions, the purchase contract is terminated from the beginning.
4.3 Withdrawal from the Contract must be demonstrably notified to the Seller within fourteen (14) days after receipt of the goods by the Buyer to the e-mail address firstname.lastname@example.org.
4.4. The goods must be returned by the Buyer to the Seller within fourteen (14) days after the declaration of withdrawal from the purchase contract. The Buyer shall bear the direct costs of returning the goods.
4.5 If the Buyer withdraws from the contract, he shall send or hand over to the Seller goods received at the address Náměstí 40, 739 21 Paskov, Czech Republic, without undue delay, but no later than within fourteen days after withdrawal from the contract. The goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging. In this case, the buyer bears all risks associated with possible damage to the goods or the choice of the means of transport.
The Seller is entitled to unilaterally set off the right to compensation for damage to the goods against the Buyer’s right to reimbursement of the purchase price.
4.6 In case of withdrawal from the Contract under these Terms and Conditions, the Seller shall refund to the Buyer the purchase price, including shipping costs in the direction of the Buyer, no later than fourteen (14) days after withdrawal from the Contract, without cash payment, to the account specified by the Buyer.
4.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded under the condition that if the Buyer withdraws from the purchase contract, the gift contract is no longer effective and the Buyer is obliged to return the gift together with the goods to the Seller.
The Buyer is entitled to cancel the order at any time before the goods are handed over to the carrier. In this case, the Buyer will contact the Seller by e-mail and specify the number of the order he/she wishes to cancel and the account number to which the money should be returned. The seller will transfer the money to the buyer within three days after cancellation of the order
Transportation and delivery of goods
5.1 The goods are transported to the address specified by the Buyer in the order and the Buyer is obliged to accept the goods upon delivery.
5.2 If the means of transport is contractually agreed upon at the special request of the Buyer, the Buyer shall bear the risk and the additional costs associated with such means of transport.
5.3 In the event that it is necessary for reasons of the Buyer to deliver the goods repeatedly or in a manner other than specified in the order, the Buyer is obliged to bear the costs associated with the repeated delivery of the goods or costs associated with a different method of shipment.
5.4 Upon receipt of the goods from the Freight Forwarder, the Buyer is obliged to check the integrity of the packaging of the goods and to notify the Freight Forwarder immediately in case of any defects. In case of damage to the packaging indicating unauthorized entry into the consignment, the Buyer shall not be obliged to take over the consignment from the Freight Forwarder. The rights of the buyer from liability for defects in the goods and other rights of the buyer from generally binding legal provisions remain unaffected.
5.5 If the Buyer does not transfer the correct amount to the order or his payment is rejected for any reason, the Seller is entitled to pause the order/purchase agreement or suspend further deliveries.
Warranty and complaints (rights arising from defects in performance)
6.1 The Seller undertakes to provide the Buyer with a quality warranty for the purchased goods (“hereinafter referred to as the warranty period”):
- in the case of foodstuffs, until the expiry date or the minimum durability or until the time when the goods are to be consumed, if the conditions for their storage are observed by the buyer and if the foodstuffs have not been opened, except in cases where a defect has been established.
- for other products (non-food goods) for a period of 24 months starting from the date of receipt of the goods by the Buyer in accordance with the purchase contract.
6.2 By guaranteeing the quality, the Seller undertakes that the goods will be suitable for the usual purpose for a certain period of time or that they will retain their usual properties.
6.3 The Seller guarantees the quality and / or usability of the delivered products in accordance with the stated specifications, in particular that:
- The goods have the characteristics described by the seller or manufacturer, which the buyer expected in view of the nature of the goods and on the basis of the advertising made by them.
- the goods are suitable for their use for the purpose specified by the seller or for which goods of this type are usually used,
- the goods are in the appropriate quantity, measure or weight
- The goods comply with the legal requirements.
6.4 The warranty shall take effect on the date specified on the invoice. If the Buyer’s warranty claim is accepted and the Buyer is requested to return the Product (or Products), the Seller shall also bear the costs of returning the Goods. All costs arising from an unaccepted claim shall be borne by the Buyer.
6.5 The warranty cannot be claimed for:
- damage to the product caused by intentional or negligent conduct
- a defect caused by a use other than that for which the product is intended.
6.6 The Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, shall be asserted by the Buyer at the Seller’s address: Náměstí 40, 739 21 Paskov, Czech Republic or at email@example.com.
6.7 If the goods do not have the properties specified in Article 6.3 of the General Terms and Conditions, the Buyer may also demand delivery of new goods without defects, if this is not disproportionate due to the nature of the defect. If this is not possible, he may withdraw from the contract.
6.8 When claiming goods, it is necessary to submit a sales receipt with the date and price of the purchase (a copy of the invoice) or a delivery bill.
6.9 Complaints must be submitted immediately as soon as the defect becomes apparent. Any delay in further use of the goods may lead to deepening of the defect and deterioration of the goods and be a reason to reject the complaint.
6.10 The Seller shall not be liable for any damage caused by recklessness, intentional conduct, unprofessional handling of goods or handling of goods contrary to the Seller’s recommendation or from negligence on the part of the Buyer.
Personal data protection
The obligation to provide information to the Buyer is fulfilled by the Seller within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation). (hereinafter referred to as the “GDPR Regulation”) in relation to the processing of the Buyer’s personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiating the Purchase Agreement and for the purpose of fulfilling the Seller’s obligations under public law.
Sending business messages and saving cookies.
8.1 The Buyer agrees that
the Seller, in accordance with the provisions of Section 7, paragraph 2 of Act No. 480/2004 Coll. on Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, can send commercial messages to the Buyer’s e-mail address or telephone number.
The Seller fulfills its obligation to inform the Buyer within the meaning of Article 13 of the GDPR Regulation regarding the processing of the Buyer’s personal data for the purpose of sending commercial communications by means of a special document.
8.2 The Buyer agrees to store so-called cookies on his computer. If it is possible to make a purchase on the Website and fulfill the Seller’s obligations under the Purchase Agreement without storing so-called cookies on the Buyer’s computer, the Buyer may revoke the consent under the previous sentence at any time.
Procedures for the settlement of disputes and complaints
9.1 The Seller recommends that Buyers send all complaints by e-mail to firstname.lastname@example.org. In the event that the complaint cannot be settled amicably, the Buyer may submit a proposal for out-of-court settlement of such dispute to a designated body for out-of-court settlement of consumer disputes, namely: Czech Trade Inspection (CTIA)
Central Inspection – ADR Department
120 00 Praha 2
Online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase contract.
9.2 European Consumer Centre Czech Republic with registered office in Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point in accordance with Regulation (EU) No. 524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Online Regulation on Consumer Dispute Resolution).
10.1 The product range may be changed at any time. The Seller will make reasonable efforts to ensure that its website is updated. However, the information and specifications provided are for the Buyer’s information only and are subject to change without notice. Photos published on websites are usually accurate but may slightly distort color, shape and size.
10.2 The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
10.3 If the relationship stipulated in the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law pursuant to the preceding sentence does not deprive the Buyer – who is a consumer – of the protection provided by the statutory provisions which cannot be derogated from by contract and which, in the absence of a choice of law, would otherwise apply pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
10.4 If any provision of the General Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity of the other provisions.
In Paskov on 17 December 2020