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Terms and conditions

These business conditions apply to purchases in the online store www.hodinky-365.com. The conditions specify the rights and obligations of the seller and the buyer.

Contact information

Name of the e-shop: www.hodinky-365.com

Operator: Hodinky 365 s.r.o.

Registered seat: Czech republic, Sirotčí 605/10, 703 00 Ostrava

Company ID: 28638581

VAT Reg No: CZ28638581

Registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 36127 for the sale of goods through the online store located at the Internet address www.hodinky-365.com

Email: info@hodinky-365.com

Contact address: Sirotčí 605/10, 703 00 Ostrava, Czech Republic

Opening hours: Monday - Saturday: 10am - 6pm

The seller undertakes to respond to written or electronic correspondence from the buyer immediately, no later than within two working days.

Information

The information about the goods and price provided by the seller is binding, except for obvious error. Prices are presented including all taxes (e.g. VAT) and fees, except for the cost of delivery of goods. The seller does not charge any fees depending on the method of payment.

According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest. Acceptance of an offer with a supplement or deviation is not an acceptance of the offer.

Confirmation of the content of the contract concluded in a form other than in writing, which shows deviations from the agreed content of the contract, has no legal effect.

Acceptance of unsolicited performance by the buyer does not mean acceptance of the offer.

The photos listed on the store's website correspond to the items which are listed for sale.

The seller makes instructions available for use in electronic form before concluding the contract, especially for large appliances, consumer electronics and other goods at a price above 100 €, where it is useful and suitable for the buyer's decision to purchase.

Shipping

The seller will deliver the purchased items to the buyer complete, no later than 7 working days from the confirmation of the order, unless a different delivery time is specified for individual goods. If the goods are marked "in stock", the seller will send the goods within two working days at the latest. The buyer is advised to check the goods as soon as possible upon receipt.

The seller shall send the documents for the goods, in particular the tax document, confirmations and certificates, to the buyer immediately after receipt of the goods, no later than within two days of receipt of the goods by the consumer.

If the buyer requests, the seller will confirm to him in writing the extent and duration of his obligations arising from the defective performance and how the buyer can exercise the rights from them.

Price and method of delivery (information here)

If the seller does not meet the deadline for delivery or dispatch of goods, the seller will deliver the goods to the buyer free of charge and provide him with a discount on the purchase price of 2%. The other claims of the buyer are not affected.

Order cancellation and withdrawal from the contract

The buyer may withdraw from the contract within 365 days of receipt of the purchased goods or after the delivery of the last part of the order, regardless of the method of receipt of goods or payment. This period is intended to acquaint the buyer to a reasonable extent with the nature, properties and functionality of the received items.

The buyer is entitled to withdraw from the contract at any time before the delivery of the goods.

Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or the seller's e-mail address info@hodinky-365.com.

Withdrawal from the contract will be sent or handed over by the buyer to the seller within 365 days. The buyer does not have to state the reason for withdrawing from the contract. To facilitate communication, it is appropriate to state the date of purchase or the number of the contract document, bank details and the chosen method of returning the goods in the withdrawal.

The seller is obliged to return the buyer the amount fully corresponding to the price of the goods and the paid costs for its delivery within 14 days of withdrawal from the contract, in the same way as the seller received payment from the buyer. If the seller offers several options within a certain method of delivery of goods, the seller is then obliged to refund the cheapest of them to the buyer. The buyer is obliged to send or hand over the purchased goods to the seller within the same period. The goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, must not show signs of use or damage. The cost of returning the goods is borne by the buyer, even if the goods cannot be returned due to their nature by regular mail.

If the buyer returns the goods in person at the seller's premises, the seller will return the above payments to the buyer within 7 days of withdrawal from the contract.

The seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he or she sent the goods to the seller. If the returned goods are damaged by a breach of the buyer's obligations, the seller is entitled to claim from the buyer compensation for the reduction in the value of the goods and set it off against the amount returned.

If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the entrepreneur.

A sample for withdrawal from the contract is available here The online withdrawal form is available here. The seller is entitled to withdraw from the contract at any time before delivery of the goods if he is not objectively able for reasons on the part of third parties to deliver the goods to the buyer within a period appropriate to the circumstances and/or if it turns out that the buyer has breached a previously concluded contract with the seller.

The seller also warns the buyer that the contract is not concluded if there are legitimate doubts about the true identity of the buyer or in case of obvious errors in the information about the goods or price.

The rights and obligations from defective performance

Quality at acceptance

If the received goods have deficiencies (eg do not have agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are not complete, do not correspond to its quantity, measure, weight, or quality does not correspond to other legal, contractual or pre-contractual parameters), defects of goods for which the seller is responsible.

The buyer may claim from the seller, no later than two years from the receipt of the goods at his request, the right to free removal of the defect or a reasonable discount on the price; if this is not disproportionate to the nature of the defect (especially if the defect cannot be remedied without undue delay), the requirement to deliver a new item without defects or a new part without defects may be applied if the defect concerns only this part.

If repair or exchange of goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.

Within six months of receipt of the goods, it is presumed that the defect in the goods already existed upon receipt of the goods.

The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect of the goods before taking over or caused it himself.

For used second-hand goods, the seller is not liable for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. Instead of the right to exchange, the buyer is entitled to a reasonable discount in these cases.

Legal rights from defects

The seller is responsible for defects arising after receipt of the goods during the 24-month warranty period or during the shelf life stated in the advertisement, on the packaging of the goods or in the attached instructions.

Within this period, the buyer can file a complaint and, at his option, claim a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):

  • elimination of a defect by delivery of a new item without a defect or by delivery of a missing item;
  • free removal of the defect by repair;
  • a reasonable discount from the purchase price; or
  • refund of the purchase price based on withdrawal from the contract.

Substantial is a breach of contract which the breached party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.

In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.

If a remediable defect has occurred repeatedly after repair (third claim for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects at the same time), the buyer can claim a discount on the purchase price, exchange goods or withdraw from the contract.

The seller is not responsible for defects caused by normal wear and tear or failure to follow the instructions for use.

For selected goods, the seller undertakes to offer the buyer an extended contractual warranty.

For selected goods with a price above 100 €, the seller undertakes to provide the buyer with an extended contractual warranty free of charge for a period of at least 36 months.

Complaint handling and policies

The buyer is obliged to file a complaint with the seller or the person designated for repair without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint.

The form can be downloaded here.

The buyer is obliged to inform the seller which right he has chosen when notifying the defect, or without undue delay after notifying the defect. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable.

If the buyer does not choose his right from a material breach of contract in time, he has the rights as in the case of a minor breach of contract.

The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for settling a complaint runs from the moment the complaint is filed (notified). The buyer will hand over or deliver the goods to the seller or to the place designated for repair at the same time or subsequently after the complaint has been lodged. The goods should be packed in suitable packaging during transport to prevent damage, they should be clean and complete.

The seller is obliged to immediately, no later than within three working days, decide on the complaint, or that a professional assessment is required for the decision. They shall provide the buyer with information on the need for an expert assessment within this period. Complaints, including the elimination of defects, the seller will handle without undue delay, no later than 30 days from its application, unless they agree in writing with the buyer on a longer period. After this period, the buyer has the same rights as if it were a material breach of contract.

If the seller refuses to eliminate the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.

The warranty period is extended by the time from the claim to its settlement or until the time when the buyer was obliged to pick up the item. If the goods or part of them are exchanged, the seller's liability shall apply as if it were a purchase of new goods or part thereof.

The seller is obliged to decide on the complaint immediately, in complex cases within three days.

If it is not possible to monitor the status of the complaint online, the seller undertakes to inform the buyer of the complaint by e-mail or via SMS.

In the case of a justified complaint, the buyer is entitled to compensation for the costs expediently incurred.

Protection of personal data

The administrator of personal data provided to fulfil the subject of the contract is the seller.

Identification and contact details of the administrator

Company: Hodinky 365 s.r.o.

Registered seat: Sirotčí 605/10, 703 00 Ostrava-Vítkovice, Czech republic

Company ID: 28638581

VAT Reg No (DIČ): CZ28638581

Email: info@hodinky-365.com

Adress: Sirotčí 605/10, 703 00 Ostrava, Czech republic

Purpose of processing, the scope of personal data and legal basis for processing

The Buyer acknowledges that to conclude the purchase contract, its subsequent performance (order processing, securing removal and delivery of goods) and possible settlement of rights from defective performance (complaints) the administrator will process and store under Regulation (EU) 2016/679, General Regulation on Personal Data Protection (hereinafter referred to as GDPR), his data in the following scope: name, surname, address, e-mail and telephone number (or add other data to be processed - payment data, etc. ).

The legal basis for the processing of personal data is, under Article 6 (1) (a), b) GDPR performance of the contract to which the buyer is a party.

Categories of recipients/recipients of personal data

The administrator undertakes not to provide the buyer's personal data to entities other than the following processors:

a) to the contractual carrier, which the buyer chooses in the order form, for the purpose of delivery of goods, the list of carriers is available here, while the data will be provided in the following range: name, surname, address, e-mail, telephone number;

Storage time

Personal data will be stored by the administrator for the time necessary to fulfil the contract (order processing, removal and delivery of goods) and also for the statutory warranty (24 months from receipt of the goods) or the duration of the contractual guarantee.

The Buyer acknowledges that under Section 31 of the Accounting Act (No. 593/1991 Coll.), The Buyer is obliged to keep accounting documents and accounting records (invoices) for a period of 5 years beginning at the end of the accounting period to which they relate (ie if you buy goods during 2018, the invoice must be kept until the end of 2023). The administrator is also obliged under § 47 of the Act on the Administration of Taxes and Fees (No. 337/1992 Coll.) To keep the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose (ie if you buy goods during 2018, the invoice must be kept for tax purposes until the end of 2021). The invoice contains the following personal data: name, surname and address.

The Buyer also acknowledges that according to § 35 of the Value Added Tax Act (No. 235/2004 Coll.), The administrator is obliged to keep tax documents for a period of 10 years from the end of the tax period in which the performance took place (ie if you buy goods during 2018, the invoice must be kept until the end of 2028). The tax document contains the following personal data: name, surname and address.

Buyer's rights in relation to personal data

The Buyer further acknowledges that according to Articles 15 to 21 of the GDPR he has the right to:

(a) access to personal data, which consists in the right to obtain confirmation from the controller as to whether or not personal data concerning him are being processed and, if so, shall have the right to access such personal data and the information specified in Article 15 GDPR;

b) for the correction of inaccurate personal data concerning him, further taking into account the purposes of the processing, the buyer has the right to supplement incomplete personal data, including by providing an additional statement according to Article 16 of the GDPR;

(c) for erasure ("right to be forgotten"), which consists in the controller erasing without undue delay personal data concerning the buyer as soon as they are no longer needed for the purposes of performance of the contract, unless there is another legal reason for their further processing ;

(d) restrictions on the processing of personal data in the cases defined in Article 18 of the GDPR;

(e) the portability of data under the terms of Article 20 of the GDPR;

(f) object to the processing of personal data under Article 21 of the GDPR.

Upon request, the Administrator shall provide the buyer with information on the measures taken in any case no later than 15 days from the receipt of the request.

The controller undertakes to provide the buyer if he exercises his right of access to personal data, free of charge, in addition to the first copy of the processed personal data, also without a second copy if the buyer requests it.

In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory body in this area and file a complaint.

The seller will allow the purchase without registration while using the data of unregistered buyers exclusively for the performance of the subject of the contract, not for marketing or business purposes.

Conflict solving

Mutual disputes between the seller and the buyer are resolved by ordinary courts.

Under Act No. 634/1992 Coll., On Consumer Protection, as amended, a buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity that is authorized to resolve the dispute out of court. More information is available on the website www.coi.cz.

Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute has not been resolved directly with the seller. The application may be submitted no later than 1 year from the date on which the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.

The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.

The buyer can contact dTest, o.p.s. for advice on his consumer rights. via www.dtest.cz/poradna or by phone +420 299 149 009.

The seller undertakes to seek, as a matter of priority, out-of-court settlement of disputes with the buyer, unless the buyer rejects them. Out-of-court settlement of disputes can also be done through the VašeStížnosti.cz service on the website www.vasestiznosti.cz.

This procedure is not mediation according to the Mediation Act No. 202/2012 Coll. nor by arbitration under the Act on Arbitration and Enforcement of Arbitral Awards No. 216/1994 Coll. and its use does not affect the right of the parties to apply to the Czech Trade Inspection Authority or a court.

For the duration of the negotiations on the out-of-court settlement of the dispute, the limitation and preclusion periods under the Civil Code shall not run or begin to run until one of the parties to the dispute expressly refuses to continue the negotiations.

The Seller undertakes, in the case of the Buyer's consent, to strive to fulfil the recommendatory opinion of dTest.

Supervision of compliance with obligations under the Consumer Protection Act No. 634/1992 Coll., Is performed by the Czech Trade Inspection Authority (www.coi.cz).

Other

For the purposes of these terms and conditions, the buyer means a consumer who is a person who, unlike the seller, does not act within the scope of his business activities or the independent performance of his profession when concluding and fulfilling the contract.

For the purposes of these terms and conditions, the seller means an entrepreneur who, unlike the buyer, acts within the scope of his business activities or the independent performance of his profession when concluding and fulfilling the contract.

Other matters not listed here are governed by the Civil Code (No. 89/2012 Coll.), The Consumer Protection Act (No. 634/1992 Coll.) And other legal regulations, as amended.

The contract and related issues are governed by Czech law.

Changes to the terms and conditions other than mutually agreed written form are excluded.

The gift voucher can be easily used in the online store when making a purchase, when the relevant code from the gift voucher is entered in the Discount coupon field in the Basket and by pressing the "Apply discount" button the given voucher value is deducted from the purchase value. The gift voucher is valid for 12 months from purchase.

These terms and conditions are effective October 12, 2018.

If you have any questions about these terms and conditions or if you are dissatisfied with the operator's actions, you can contact us by phone at the dTest advice line: +420 299 149 009, electronically by entering a question at www.dtest.cz/spotrebitelska-poradna or in writing at dTest, ops, Černomořská 419/10, 101 00 Prague 10, Czech republic.