Terms and Conditions
These General Terms and Conditions ("Terms and Conditions") of Jakub Marx, with registered office at U Nisy 661/20, 46601 Jablonec nad Nisou, Czech Republic, VAT CZ8907022663, ID 01163124, registered in the Trade Register kept by the Municipality of Jablonec nad Nisou, e-mail info@rhholsters.cz, telephone number +420724388529, address of business premises Riegrova 2299/8, 466 01 Jablonec nad Nisou, Czech Republic ("We" or "Seller") regulate in accordance with the provisions of § 1751 para. 89/2012 Coll, Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of You, as the Buyer, and Us, as the Seller, arising in connection with or based on the purchase contract (the "Contract") concluded through the E-shop on the website www.rhholsters.store.
All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here https://www.rhholsters.store/privacy-policy/.
The provisions of these Terms and Conditions form an integral part of the Agreement. The Agreement and the Terms and Conditions are in the Czech language. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect any rights and obligations arising during the period of effectiveness of the previous version of the Terms.
As you know, we primarily communicate remotely. Therefore, our Contract is also subject to the use of remote means of communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the interface of the website ("E-shop web interface").
If any part of the Terms contradicts what We have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will prevail over the Terms.
I. SOME DEFINITIONS
1. The Price is the amount of money you will pay for the Goods;
2. The Shipping Charge is the amount of money you will pay for delivery of the Goods, including the cost of packing them;
3. The total price is the sum of the Price and the Shipping Charge;
4. VAT is value added tax according to the applicable legislation;
5. The invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
6. An Order is Your binding proposal to enter into a Contract for the purchase of Goods with Us;
7. A User Account is an account established on the basis of the data provided by you, which enables the storage of the data entered and the storage of the history of ordered Goods and concluded Contracts;
8. You are the person shopping on Our E-shop, legally referred to as the buyer;
9. Goods are everything you can buy on the E-shop.
II. GENERAL PROVISIONS AND INSTRUCTIONS
1. Purchase of Goods is only possible through the web interface of the E-shop.
2. When purchasing Goods, it is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and true.
III. CONCLUSION OF THE CONTRACT
1. The Contract with Us may only be concluded in English.
2. The contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by you. However, these costs do not differ in any way from the basic rate You pay for the use of these means (i.e. in particular for access to the Internet), so You do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.
3. in order to conclude the Contract, you need to create an Order on the E-shop. This proposal must include the following information:
a) Information about the Goods you are purchasing (on the E-shop you mark the Goods you are interested in purchasing with the "Add to Cart" button);
b) Information about the Price, Shipping Charge, method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order within the user interface of the E-shop, while the information about the Price, Shipping Charge and Total Price will be given automatically based on the Goods, their delivery and payment method selected by you;
c) Your identification and contact details to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address;
4. During the creation of the Order, the Customer may change and check the data until its completion. After checking by pressing the "Order with payment obligation" button, the Order will be completed. By pressing the button you confirm your acknowledgement and acceptance of these Terms. After pressing the "Order with payment obligation" button, all completed information will be sent directly to us.
5. We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions as in force on the date of the Order, i.e. as attached as an attachment to the confirmation email, form an integral part of the Contract. Confirmation of the Order constitutes the conclusion of the Contract between us and You.
6. There may be occasions when we are unable to confirm an Order to you. This includes situations where the Goods are not available or where you order more Goods than we are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not come as a surprise to you. In the event that there is any reason why we cannot confirm an Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In such a case, the Contract is concluded at the time You confirm our offer.
7. In the event that an obviously incorrect Price is stated within the E-shop or in the Order, we are not obliged to deliver the Goods to you at that Price even if you have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. The new Contract is then concluded when You confirm Our offer. An apparent error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or where a figure is missing or missing.
8. In the event that the Contract is concluded, you are obliged to pay the Total Price.
9. If you have a User Account, you may place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
IV. USER ACCOUNT
1. Based on your registration in the E-shop, you can access your User Account.
2. When registering for a User Account, it is your responsibility to provide correct and truthful information and to update it if it changes.
3. Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding this access and not to provide this information to anyone. In the event that they are misused, we shall not be liable for this.
4. The user account is personal and you are not entitled to allow third parties to use it.
5. We may cancel your User Account, in particular if you have not used it for more than 5 years or if you breach your obligations under the Agreement.
6. The user account may not be available continuously, in particular with regard to the necessary maintenance of hardware and software.
V. PRICE AND PAYMENT CONDITIONS, RETENTION OF TITLE
1. The price is always stated in the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.
2. The total price is inclusive of VAT including all statutory charges.
3. Payment of the Total Price will be required from You after the conclusion of the Contract and before delivery of the Goods. You may pay the Total Price by the following methods:
a) By bank transfer. We will send you the information for making the payment within the Order confirmation. In the case of payment by bank transfer, the Total Price is payable by the date stated on the invoice.
b) By card online. In this case, payment is made through the payment gateway [TO BE ADDED], and payment is subject to the terms and conditions of this payment gateway, which are available at [TO BE ADDED]. In the case of online card payment, the Total Price is payable by the next day.
4. An invoice will be issued electronically after payment of the Total Price and will be sent to your email address. The invoice will also be physically attached to the goods.
5. Ownership of the Goods shall not pass to you until you have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, otherwise it is paid at the time of payment.
VI. DELIVERY OF THE GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
1. The goods will be dispatched no later than the date stated on the goods plus a delivery time to be determined by the company of your choice, which you can choose from the following options:
a) Delivery via transport companies Czech Post, DPD;
2. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility of collecting the Goods by e-mail.
3. Upon receipt of the Goods from the Carrier, it is Your obligation to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the Carrier and Us immediately. In the event that there is any defect in the packaging which indicates tampering and entry into the shipment, it is not Your obligation to accept the Goods from the Carrier.
4. In the event that You breach Your obligation to accept the Goods, except in accordance with clause 6.4 of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case, We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract or to store the Goods, for which We shall be entitled to a payment of €60 from You. If We decide to withdraw from the Contract, the withdrawal shall be effective on the day We deliver the withdrawal to You. Withdrawal from the Contract does not affect the right to payment of the Shipping Charges or, if applicable, the right to compensation for damages..
5. If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, it is Your obligation to reimburse Us for the costs of such repeated delivery. The payment details for payment of these costs will be sent to Your email address set out in the Contract and are payable 14 days after receipt of the email.
6. The risk of damage to the Goods passes to you when you take delivery of them. In the event that you do not take delivery of the Goods, except in accordance with clause 6.4 of the Conditions, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons attributable to you did not take delivery. The passing of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.
7. In the event that the Goods are not listed as in stock in the E-shop and an indicative period of availability has been given, we will always inform you if:
a) an extraordinary failure in the production of the Goods, in which case we will always provide you with a new expected period of availability or information that the Goods cannot be delivered;
b) delay in delivery of the Goods from Our Supplier, and We will always provide You with a new expected delivery time.
8. In the event that We are unable to deliver the Goods to You even within 30 days of the expiry of the delivery period specified in the Order Confirmation, for whatever reason, We and You shall be entitled to withdraw from the Contract.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. We warrant that the Goods are free from defects at the time the risk of damage to the Goods passes pursuant to Article 6.6 of the Conditions, in particular that the Goods:
a) conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
b) it is suitable for the purpose for which you require it and to which we agree;
c) is supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
d) it is fit for the purpose for which Goods of that kind are normally used;
e) the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of Goods of the same kind that you can reasonably expect, even taking into account public statements made by us or another person in the same contractual chain, in particular advertising or labelling;
f) is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as you might reasonably expect; and
g) corresponds in quality or workmanship to the sample or specimen provided to you before the conclusion of the contract
2. The rights and obligations with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. In the event that the Goods are defective, i.e. in particular if any of the conditions under Article 7.1 are not met, you may notify Us of such defect and exercise your rights under the defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data. You may also use the sample form provided by Us for making a claim, which is attached as Appendix 1 to the Terms and Conditions. In exercising the right of defective performance, you must choose how you wish to resolve the defect, and you cannot subsequently change this choice without Our consent. We will settle the claim in accordance with the defective performance right You have exercised.
4. If the Goods are defective, you have the following rights:
a) to remedy the defect by supplying new Goods without the defect, or by supplying the missing part of the Goods; or
b) to remove the defect by repairing the Goods;
unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method, which will be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect and whether the defect can be removed by the other method without significant difficulty for you. We shall be entitled to refuse to rectify the defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value that the Goods would have without the defect
6. In the event of a material or immaterial breach, you may not withdraw from the Contract or require delivery of a new item unless you can return the Goods in the condition in which you received them. However, this does not apply in the following cases:
a) if the condition of the Goods has changed as a result of an inspection for the purpose of detecting a defect;
b) if the Goods were used before the defect was discovered;
c) if the impossibility of returning the Goods in their unaltered condition was not caused by your actions or omissions,
d) if, prior to the discovery of the defect, the Goods have been sold, consumed or altered by You in the ordinary course of use; however, if only part of the Goods have been so used, it is Your obligation to return the part of the Goods that can be returned, in which case You will not be refunded the part of the Prices corresponding to Your benefit from the use of the part of the Goods.
Within 7 days of receipt of the complaint, we will confirm to your email address that we have received the complaint, when we received it and the expected duration of the complaint. We will deal with the complaint without undue delay, but no later than 30 days from receipt. The time limit may be extended by mutual agreement between us. If the time limit expires in vain, you may withdraw from the Contract.
8. We will inform you about the settlement of the complaint by e-mail. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to provide proof of these costs, e.g. receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is your responsibility to return the original Goods to Us, but the cost of such return will be borne by Us..
9. If you are an entrepreneur, it is your obligation to notify and complain about the defect without undue delay after you could have discovered it, but no later than within three days of receipt of the Goods..
10. If you are a consumer, you have the right to exercise the rights of defective performance for defects that occur in consumer Goods within 24 months of receipt of the Goods..
11. The provisions concerning the right of defect shall not apply in the case of:
a) Goods that are sold at a lower Price, for the defect for which the lower Price was agreed;
b) wear and tear of the Goods caused by their normal use;
c) used Goods for a defect corresponding to the level of use or wear and tear that the Goods had when you received them;
d) where it results from the nature of the Goods.
VIII. CANCELLATION OF THE CONTRACT
1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways set out in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
2. In case you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of goods, then within 14 days from its receipt. In the event that we have concluded a Contract where the subject matter is several pieces of Goods or the delivery of several parts of Goods, this period shall commence only on the date of delivery of the last piece or part of Goods, and in the event that we have concluded a Contract under which we will deliver the Goods to you regularly and repeatedly, it shall commence on the date of delivery of the first delivery.
3. You cannot withdraw from the Contract as it is a bespoke production.
4. However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is the performance referred to in § 1837 of the Civil Code
5. The withdrawal period under Article 8.2 of the Terms and Conditions shall be deemed to have been observed if during the withdrawal period You send Us a notice that You withdraw from the Contract
6. In the event of withdrawal from the Contract pursuant to Article 8.2 of the Conditions, You are obliged to send the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to a refund of the Shipping Charge by Us, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods
7. In the event of cancellation of the Contract, the Price will be refunded to You within 30 days of the effective date of cancellation to the account from which it was credited or to the account selected by the canceller. However, the amount will not be refunded until We have received the Goods or You have provided Us with evidence that they have been returned to Us. Please return the Goods to Us clean, including the original packaging where possible
8. In the event of withdrawal from the Contract pursuant to Article 8.2 of the Conditions, however, You shall be liable to Us for any diminution in the value of the Goods resulting from the handling of the Goods in a manner other than that necessary to familiarise You with the nature, features and functionality of the Goods, i.e. in the manner in which You would familiarise Yourself with the Goods in a bricks-and-mortar shop. In the event that we have not yet refunded the Price to you, we shall be entitled to set off the claim for costs against your claim for a refund of the Price
9. We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Article 6.1 of the Conditions. We may also withdraw from the Contract if it is clear that you have deliberately provided incorrect information in the Order. If you are purchasing goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason
IX. CONSUMER DISPUTE RESOLUTION
1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1) (e) of the Civil Code.
2. We handle consumer complaints via the electronic address info@rhholsters.cz. We will send information about the handling of the complaint to the buyer's electronic address.
3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means..
4. The European Consumer Centre Czech Republic, with registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
X. FINAL PROVISIONS
1. If our legal relationship with you has an international element (e.g. we will ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.
2. All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us.
3. The Contract may only be amended by written agreement between us. However, we are entitled to amend these Terms and Conditions, but such amendment will not affect existing Contracts, but only Contracts entered into after the amendment becomes effective. However, we will only inform you of the change if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give rise to a right of termination as we do not have a Contract that can be terminated) or we are to supply you with Goods on a regular and recurring basis under the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you information about the change, the new terms will become part of our Contract and will apply to the next supply of Goods after the change takes effect. The notice period in the event that you give notice is 2 months.
4. In case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, failures of subcontractors, etc.), We shall not be liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, We and You shall have the right to withdraw from the Contract.
5. A sample complaint form is attached to the Terms and Conditions.
6. The Agreement, including the Terms, is archived electronically with Us but is not accessible to You. However, You will always receive these Terms and Conditions and an Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Terms and Conditions.
7. These Terms and Conditions shall take effect on 1.8.2023
Address: Jakub Marx, Riegrova 2299/8, 46601 Jablonec nad Nisou, Czech Republic.
Making a claim
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At the same time I ask for a confirmation of the claim stating when I exercised this right, what is the content of the claim together with my claim, including the date and method of settlement of the claim.
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Signature:
Address: Jakub Marx, Riegrova 2299/8, 46601 Jablonec nad Nisou, Czech Republic.
I hereby declare that I withdraw from the Contract:
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Specification of the Goods to which the Contract relates: |
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The method for reimbursement of the funds received, including, where applicable, the bank account number: |
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If the buyer is a consumer, he/she has the right to withdraw from the already concluded purchase contract within 14 days from the date of receipt of the goods, without giving any reason and without any penalty, if he/she has ordered the goods via the e-shop of rhholsters.store ("Company") or other means of distance communication, except for the cases referred to in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. The buyer shall notify the Company of such withdrawal in writing to the Company's business address or electronically to the e-mail address indicated on the sample form.
If the buyer, who is a consumer, withdraws from the purchase contract, he shall send or hand over to the Company without undue delay, not later than 14 days from the withdrawal from the purchase contract, the goods he received from the Company.
If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to him without undue delay, no later than within 14 days of withdrawal from the purchase contract, all funds (purchase price of the delivered goods), including the cost of delivery, which he has received from him on the basis of the purchase contract, in the same manner. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall reimburse the Buyer for the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Company shall not be obliged to return the monies received to the Buyer before the Buyer has handed over the goods to the Company or proved that it has dispatched the goods to the Company.
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