Terms and conditions

These terms and conditions apply to purchases in the online store www.hodinky-365.com. They define 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 www.hodinky-365.com

Email: info@hodinky-365.com

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

Opening hours: Monday – Saturday: 10:00 – 18:00

The seller undertakes to respond to written or electronic correspondence from the buyer without undue delay, no later than within two working days.

Information

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

Acceptance of an offer with an addition or deviation is not an acceptance of the offer.

Confirmation of the content of a 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 offered for sale.

The seller makes instructions for use available in electronic form before concluding the contract, especially for large appliances, consumer electronics and other goods priced above €100, where it is useful and appropriate for the buyer’s purchase decision.

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 dispatch 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 without undue delay, no later than within two days of receipt of the goods by the consumer.

If the buyer requests it, the seller will confirm in writing the extent and duration of the seller’s obligations arising from defective performance and how the buyer can exercise the related rights.

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 a discount on the purchase price of 2%. The buyer’s other statutory rights are not affected.

Order cancellation and withdrawal from the contract

Statutory right of withdrawal (EU minimum): The buyer (consumer) has the right to withdraw from a distance sales contract within 14 days of receiving the goods (or the last part of the delivery), without giving any reason. The seller shall reimburse all payments received from the consumer, including (where applicable) the costs of delivery, within 14 days from the day on which the seller is informed of the consumer’s decision to withdraw. The consumer shall send back the goods or hand them over without undue delay and in any event no later than 14 days from the day on which the consumer communicated the withdrawal.

Extended (voluntary) return period: The seller additionally offers an extended return period of 365 days from receipt of the goods (or the last part of the delivery). This extended period does not limit or replace the buyer’s statutory rights. The goods returned under the extended period must be undamaged, complete and in a condition allowing resale, preferably including the original packaging and all accessories.

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 seller’s contact address or to the seller’s e-mail address info@hodinky-365.com.

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.

The seller is not obliged to reimburse the buyer before the buyer hands over the goods or proves that the goods were sent back, whichever is earlier.

If the returned goods are damaged due to a breach of the buyer’s obligations, the seller is entitled to claim compensation for the reduction in the value of the goods and set it off against the amount reimbursed.

The seller is entitled to withdraw from the contract at any time before delivery of the goods if, for reasons on the part of third parties, the seller is not objectively able 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 the case of obvious errors in the information about the goods or the price.

The rights and obligations from defective performance

Quality at acceptance

If the received goods have deficiencies (e.g. do not have agreed or legitimately expected properties, are not fit for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure or weight, or their quality does not correspond to other legal, contractual or pre-contractual parameters), these are 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, 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 buyer may request delivery of a new item without defects or a new part without defects 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.

Burden of proof: If a lack of conformity becomes apparent within one year of delivery, it is presumed to have existed at the time of delivery (unless proved otherwise or this presumption is incompatible with the nature of the goods or the lack of conformity).

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 period of liability for lack of conformity (or during the shelf life stated in the advertisement, on the packaging of the goods or in the attached instructions, where applicable).

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 done in writing or electronically, the buyer should provide contact details, a description of the defect and a request for the method of handling the complaint.

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 seller is obliged to decide on the complaint without undue delay, no later than within three working days, or to inform the buyer that a professional assessment is required. Complaints, including the elimination of defects, will be handled without undue delay, no later than 30 days from the filing, unless a longer period is agreed in writing.

Protection of personal data

The controller of personal data provided for the purpose of performing the contract is the seller.

Identification and contact details of the controller

Company: Hodinky 365 s.r.o.

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

Company ID: 28638581

VAT Reg. No.: CZ28638581

Email: info@hodinky-365.com

Address: Sirotčí 605/10, 703 00 Ostrava, Czech Republic

Purpose of processing, scope of personal data and legal basis

The buyer acknowledges that for concluding the purchase contract, its subsequent performance (order processing, picking and delivery of goods) and possible settlement of rights from defective performance (complaints), the controller will process and store the buyer’s personal data under Regulation (EU) 2016/679 (GDPR) in the following scope: name, surname, address, e-mail and telephone number (and, where applicable, payment and transaction data).

The legal basis for processing personal data is the performance of the contract under Article 6(1)(b) GDPR.

Categories of recipients

The controller undertakes not to provide the buyer's personal data to entities other than processors necessary to fulfil the contract, in particular the contractual carrier chosen by the buyer for the purpose of delivery of goods (list of carriers here), in the scope necessary for delivery (name, surname, address, e-mail, telephone number).

Storage time

Personal data will be stored for the time necessary to fulfil the contract and further for the duration of statutory and contractual rights related to defective performance and warranty claims, as well as for periods required by applicable accounting and tax laws.

Conflict solving

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

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. For disputes handled in the Czech Republic, the competent ADR entity is the Czech Trade Inspection Authority (Czech: Česká obchodní inspekce). More information is available on the website 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 business activities or the independent performance of a 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 business activities or the independent performance of a profession when concluding and fulfilling the contract.

Other matters not listed here are governed by applicable law, including the Civil Code and consumer protection rules, as amended.

The contract and related issues are governed by Czech law.

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

The gift voucher can be used in the online store by entering the relevant code in the “Discount coupon” field in the Basket/Cart and by pressing the “Apply discount” button; the voucher value is deducted from the purchase total. The gift voucher is valid for 12 months from purchase.

These terms and conditions are effective October 12, 2018.