Terms and conditions of use
valid for purchases in the online store HENDSPRODUCTS.cz,
The owner of the e-shop is:
Macháčková Štěpánka, Ke Kapličce 321, 75654 Zubří, IČO:70329176, DIČ: CZ6759260508
Online store Hendsproducts.cz operating address: Hamerská 15, 75654 Zubří
I. Introductory provisions
These terms and conditions /hereinafter referred to as TC/ further specify and clarify the rights and obligations of the seller, which is: Macháčková Štěpánka, Ke Kapličce 321, 75654 Zubří, IČO:70329176, and the buyer - customer / consumer, arising in connection with or based on the purchase contract concluded.
All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, the relationships not regulated by the terms and conditions are governed by the Civil Code /Act No. 89/2012 Coll./ and the Consumer Protection Act /Act No. 634/1992 Coll./, as amended. Excerpts from these laws are listed below.
The seller, for the purposes of these terms and conditions, is Macháčková Štěpánka, Ke Kapličce 321, 75654 Zubří, who is a VAT payer.
The buyer, for the purposes of these terms and conditions, is the customer of the online store Hendsproducts.cz. In accordance with the applicable legal regulations, a distinction is made between a buyer who is a consumer and one who is not. A consumer buyer is a person who does not act within the scope of their business activities. A buyer who enters into a contract within the scope of their business activities is a customer who is an entrepreneur and is governed by the relevant provisions of the Commercial Code.
All prices displayed on the Hendsproducts.cz online store pages include the applicable VAT rate.
Each product is clearly identified by name, and possibly also by execution name and price. The product name, individual execution names, product description, and images may not match the official names and descriptions of the manufacturer and are for informational purposes only. We reserve the right to change them without prior notice. The only binding information is the texts, descriptions, and recommendations provided by the manufacturers on their products and packaging, or in the accompanying documentation. We are not responsible for the information taken from promotional materials and websites of various manufacturers or sellers of goods.
All special offers are valid only while supplies last. At the same time, these products are not enforceable. No consumer rights can be asserted on gifts provided completely free of charge.
Before making a purchase, the buyer is obliged to familiarize themselves with these terms and conditions.
II. Order - conclusion of the purchase contract
1. An order placed through the Hendsproducts.cz online store ordering system is binding and constitutes a proposal to conclude a contract.
2. Ordering goods, i.e., submitting a contract proposal, is done by the buyer confirming the contents of the shopping cart, i.e., expressing the will to conclude a contract for the purchase of goods in the structure and specification identical to the shopping cart, especially by agreeing to the specification of goods, their price, and quantity, as well as the form of payment and method of delivery to the place of delivery. Such an order is a manifestation of their free will.
3. The contract between the buyer and the seller is concluded at the moment the order is sent by the buyer and accepted by the seller, of which the buyer is immediately informed by email to the email provided by the buyer in the order.
4. By ordering according to point 2 of these terms and conditions, the buyer declares that they have familiarized themselves with these terms and conditions, as well as with the complaint procedure, the personal data protection statement, prices, and delivery conditions, that they unconditionally agree with them in the wording published on Hendsproducts.cz, i.e., in the wording valid and effective at the moment of sending the binding order. Any changes and adjustments to the terms and conditions made by the seller after the conclusion of the purchase contract are ineffective concerning this contract.
5. A condition for the validity of the order is the truthful completion of the required personal data in the registration form, i.e., especially such data that are necessary for the issuance of a tax document, completion of the warranty card, and delivery of goods at the place of delivery. The handling of such obtained personal data is carried out in accordance with Act No. 101/2000 Coll., as amended. In the registration form, the buyer is offered the option to receive marketing information electronically to the buyer's address.
By rejecting this option, the buyer is removed from the directory for automatic sending of the above-specified materials. Personal data is then, in the case of the above-specified rejection, stored exclusively for the purposes of identifying the buyer concerning the tax administrator, and for possible complaints, etc.
6. The place of delivery of goods is the address provided by the buyer in the order form unless otherwise demonstrably agreed.
7. The buyer is obliged to ensure the proper receipt of the ordered goods. If the buyer fails to collect the package for reasons attributable to them, the seller is entitled to reimbursement of the actual costs of transportation and packaging. This claim arises even if the order exceeds the value meeting the conditions for free shipping. Upon request, the uncollected package can be sent once more /see article III of these TC for more details/.
8. Ownership of the goods passes from the seller to the buyer at the moment the purchase price is paid by the buyer, either upon receipt of the goods by the buyer at the place of delivery, or by prepayment in the form defined in Article IV. Transport and payment.
9. By filling out the order form, i.e., the order - contract proposal, or by possibly filling in personal data at any other place located on the Hendsproducts.cz online store /e.g., during registration/, or by personal communication during a phone call or written communication in an email, the buyer consents to the collection and archiving of personal data about the buyer, contracts, and their purchases. The buyer has the right to delete or change the structure of personal data at any time by written request to info@hendsproducts.cz or by indicating this in the registration form.
10. Regardless of the provisions of the individual points of Article II of these terms and conditions, the seller reserves the right to withdraw from the purchase contract with a stated reason. If the seller does so and at the same time the purchase price has been demonstrably paid by the buyer in advance, these funds will be returned to the buyer's account in accordance with good morals without delay.
11. Any changes to the order must be made demonstrably. Preferably in writing in the form of sending an email to objednavky@hendsproducts.cz. It is also possible by phone, through the hotline indicated in the contact section. In case of sending an email, it is necessary to request confirmation of the receipt of the email by the seller.
The order can be changed only until the goods are shipped /handed over to the carrier/.
III. Delivery conditions, price of goods
1. The period for dispatching goods is three working days from the day the order is received. For more details on delivery conditions, click here.
2. In exceptional cases, when it is not possible to meet the delivery deadline specified in point 1 of these Delivery Conditions despite all professional care of the seller, the seller reserves the right to extend the delivery period. In such a case, the seller undertakes to promptly inform the buyer of the change in the delivery date.
3. Fulfillment of delivery is considered to be the delivery of the subject matter to the delivery address stated in the order, unless otherwise agreed /e.g., by phone or email/.
4. The transport of goods to the delivery address is arranged by the seller, primarily using the services of transport companies, always under the conditions that are part of the order and based on the buyer's choice made in the shopping cart and referring to the valid prices according to Article IV. of these terms and conditions.
5. Delivery price:
- is determined according to the price lists of the transport company. For end customers, however, shipping is free for orders over 1500 CZK. For traders, the delivery price is always charged.
The seller reserves the right to change the method of transport of goods in the interest of saving the buyer's costs.
5. The seller reserves the right to request prepayment /bank transfer/ in full or in advance, especially in cases:
a) When the goods are modified based on the customer's request.
b) At the customer's request, the sale of goods not listed in the regular offer is mediated.
6. The seller reserves the right to change the variant of transport, even without prior notice to the buyer. However, this change must not result in a reduction in the quality of delivery or a change in its price.
7. Delivery of goods to the delivery address does not include floor delivery, demonstration, installation, assembly, or assembly of the purchased goods.
8. An invoice - tax document /possibly a delivery note meeting the conditions of a tax document/ is always attached to the purchased goods. If the invoice - tax document is not included with the goods, it is sent in electronic form /PDF file/ to the buyer's email /this email was entered by the buyer in the shopping cart during the order or registration/. If for any reason the invoice becomes illegible or is destroyed /e.g., during transport/, or if it does not reach the specified email, the customer can request a new invoice, which will be sent in PDF format to their newly provided email.
9. The weight of the goods is not determined by the weight stated on the product, by the manufacturer, or in the e-shop in the product detail. In such a case, the seller reserves the right to determine the weight, including all used packaging and filling material.
10. The seller is a VAT payer. All prices stated in the seller's e-shop are current, in CZK, including the applicable VAT rate. In addition to the price of the goods that do not meet the parameters for free shipping, the applicable shipping fee is also paid. Before concluding the order, the buyer always has the opportunity to familiarize themselves with the total price in the order detail. The buyer will receive the goods at the price valid at the time of the order. The exception is the seller's right to change the price depending on legal changes in the VAT rate before dispatching the goods.
IV. Transport and payment
Shipping options:
1. Personal pick-up by phone arrangement: is possible at the e-shop's operating address at Hamerská 15, 75654 Zubří. No shipping or other fees are charged.
2. By transport company: For orders valued at 1500 CZK (including VAT) or for selected products, shipping is free. However, the free shipping cost may depend on the delivery location. For orders under 1499 CZK, the shipping cost according to the carrier's price list will be added to the order value. For customers purchasing with a VAT ID, shipping costs are always charged.
Payment options:
1. Cash on delivery
2. To the Paypal account: info@hendsproducts.cz
V. Complaints
1. Any complaint about goods is always governed by the relevant provisions of the Civil Code in its valid version.
2. Detailed information on the complaint procedure is provided in the Complaint Procedure document of the Hendsproducts.cz online store, which is an integral part of these terms and conditions.
VI. Withdrawal from the purchase contract
1. The consumer buyer has the right, according to the relevant provisions of the Civil Code, to withdraw from the contract without giving a reason within 14 days of receiving the goods. In case of withdrawal from the contract, the contract is canceled from the beginning, and the contracting parties are obliged to return everything they have provided under it. In case of contract cancellation due to the assertion of rights arising from liability for defects, the buyer returns the performance provided by the seller only to the extent allowed by the given situation.
2. Withdrawal from the contract by the buyer is done by the buyer delivering at their own expense to the seller's address the goods that are undamaged and without signs of use or wear and tear, and at the same time are in the original packaging with all accompanying documents and accessories. If the goods have been used /tested/ or are sent without the original packaging, the seller reserves the right to charge costs associated with restoring the goods to their original condition.
3. The seller is obliged, upon meeting all the above conditions, to return to the buyer the entire purchase price, including all other fees /costs/ in accordance with the valid Czech and European legislation (including final decisions of European courts - judgment of the Court of Justice of the EU of 15.4.2010 in case C-511/08, which is an interpretation of the European Directive 97/7/EC). The seller will do so in an agreed manner and within the usual time frame for transferring funds in the chosen form, no later than 30 days.
4. Goods sent by the buyer from the title of withdrawal from the contract in the form of cash on delivery will not be accepted by the seller.
5. If the buyer is a natural person-entrepreneur or legal entity /decided by the indication of the IČ on the purchase document/, the mutual relations are governed by the relevant provisions of the Commercial Code. In this case, it is not possible to apply the right to withdraw from the contract without giving a reason within 14 days.
VII. Wholesale conditions
1. The relationship between the seller and the buyer, which is a natural person - entrepreneur or legal entity, is governed by the Commercial Code in its valid version and these terms and conditions, unless otherwise agreed in writing.
VIII. Final provisions
1. These terms and conditions are valid and effective from the date of publication on the Hendsproducts.cz online store website.
2. The wording of these terms and conditions may be continuously adjusted, with the valid wording being the one agreed upon by the buyer by making a binding order according to Article II of these terms and conditions.
3. Unless otherwise stated in these terms and conditions, the contractual relationship between the seller and the buyer is governed by the relevant provisions of the Civil Code, with special regard to the provisions concerning the conclusion of contracts using remote communication means.
4. The offer of promotional and discounted goods or goods labeled as "free" is valid for the period specified for each type of goods. If not specified, it is valid while stocks last. Goods labeled as "free" or "promotional goods" have no legal claim and are not enforceable. The seller reserves the right to change these offers at any time.
COMPLAINT PROCEDURE
This complaint procedure was prepared according to the provisions of Act No. 89/2012 Coll., the Civil Code No. 513/1991 Coll. and the Consumer Protection Act No. 634/1992 Coll., as amended, and applies to consumer goods /hereinafter referred to as goods/, for which the buyer's rights from liability for defects /hereinafter referred to as complaints/ are asserted during the warranty period.
The complaint procedure is an integral part of the Terms and Conditions of the Hendsproducts.cz online store. The seller undertakes that in the event of a justified complaint about defects made by the buyer, they will adopt such solutions that will simplify and speed up the handling of the complaint as much as possible.
I. Liability for goods defects and warranty
At the buyer's request, the seller is obliged to provide a warranty in written form /warranty card/. If the nature of the item allows, it is sufficient to issue a proof of purchase containing the details /invoice/ instead of a warranty card, which must contain the same details as a warranty card. The warranty card must contain all legally required identification details about the seller's business. If a longer than legal warranty is provided, the seller specifies the conditions and scope of the warranty extension in the warranty card.
If the purchased goods come with an original warranty card provided by the manufacturer or importer, this can be confirmed, if necessary, during regular opening hours at the e-shop's operating address in person or by sending it to the address Macháčková Štěpánka, Hamerská 15, 75654 Zubří. The confirmed warranty card will be sent back to the buyer as soon as possible.
1. We recommend that the buyer always inspect the goods immediately upon receipt.
2. Visible mechanical damage to the packaging during transport does not necessarily mean damage to the product itself. However, it is necessary for the buyer to inspect the package in such a case in the presence of the carrier and, if necessary, to make a signed record of the findings.
3. All goods are insured by the seller against damage occurring during transport. If the buyer discovers:
a) damage to the goods immediately upon delivery at the place of delivery, they are obliged to make a record of this in the presence of the carrier.
b) upon unpacking the package, a hidden defect that was not apparent at the time of delivery by the transport company, the buyer is obliged to inform the seller about this in a provable manner by email at info@hendsproducts.cz, or by phone to the seller's hotline.
Based on the record made, the customer will be provided with an appropriate discount or a new product will be delivered, or the amount for the goods will be refunded after the closure of the damage event with the carrier.
4. The seller and the transport company have the right to verify the actual condition of the damage or partial loss of the shipment. For these reasons, the buyer is obliged to ensure that the shipment is not handled in any way and that the packaging of the shipment, in which the shipment was delivered, is preserved. The buyer is also obliged to allow the transport company or the insurance company's representative to inspect the shipment.
5. Signing the delivery note by the buyer is considered consent to receive the goods and also confirmation that the goods were delivered undamaged by transportation /except for hidden defects/. Subsequent complaints caused by transportation /except for hidden defects/ can no longer be considered and may be rejected.
6. Before the first use, the buyer is obliged to read the warranty conditions, including the Czech manual, and then follow these instructions. In case of using the product contrary to the manual, the seller is not responsible for the damages caused by improper use.
7. The warranty does not cover normal wear and tear of the item /or its parts/ caused by use, thus manufacturing defects and material defects.
8. If the buyer finds a discrepancy between the goods and the purchase contract, they have the right to have the seller, free of charge and without undue delay, bring the item into a condition corresponding to the purchase contract. According to the buyer's requirements, this discrepancy can be corrected by replacing or repairing the item.
9. If such a procedure is not possible, the buyer may request a reasonable discount on the price of the goods or may withdraw from the contract.
10. The procedure under point 8 of this complaint procedure cannot be applied if the buyer knew about the discrepancy with the purchase contract before taking over the goods, or if the buyer caused the discrepancy with the purchase contract themselves.
11. In case of a discrepancy between the goods and the contract, the buyer is entitled to rectify the situation by:
a) free repair of the consumer goods to a state corresponding to the contract.
b) a reasonable discount on the purchase price.
c) replacing the goods.
d) withdrawing from the contract.
First, the buyer may request a free repair or replacement of the goods from the seller. The buyer has the right to replace the goods only if it is not disproportionate due to the nature of the defect. Whether the defect is disproportionate will be determined by an authorized service center in the form of a written assessment of this defect. In this case, the goods will be replaced with the same item, or the amount already paid will be refunded.
Liability for defects is asserted with the seller from whom the item was purchased. However, if another entity different from the seller - an entity authorized by the manufacturer or importer to perform warranty repairs, and the place of operation of this entity is closer to the buyer, the buyer may assert the right to repair with this authorized entity. The buyer can also send the item claimed due to a defect to the seller's address or personally deliver it to the seller's collection point.
II. Complaint procedure
Always inform us about the complaint by email to info@hendsproducts.cz, or by phone to the hotline, so we can preliminarily assess the reason for the complaint and resolve any misunderstandings. For technical reasons, the buyer's email may not be received by the seller; therefore, always request confirmation of the email receipt from the seller /the email may fall into "spam"/.
1. Pack the claimed product together with a description of the claimed defect and a proof of purchase - possibly a warranty card, depending on the nature of the product, properly and send it to the address: Macháčková Štěpánka, Hamerská 15, 75654 Zubří, or personally deliver it to the e-shop's operating address mentioned above, where a complaint protocol will be drawn up with you.
2. The seller will inform you without undue delay about the course of the complaint procedure, especially about the conclusions of the expert assessment of the legitimacy of the complaint, and if necessary, consult the next steps.
3. If the complaint is not resolved within the legal period of thirty days, the buyer has the right to withdraw from the contract and a full refund.
4. Important notices:
- Complaints about Simms products - clothing, shoes - within the warranty period, never try to repair the goods yourself, but send them to our address immediately. Goods damaged by self-repair will not be recognized by the manufacturer as claimable.
- Clothing and shoes must always be clean.
- For products of brands other than Hends, a document with the purchase date must be provided when making a complaint, the same applies to Hends rods.
Personal Data Protection Statement
The seller for the purposes of the personal data protection statement /hereinafter referred to as the statement/ means the operator of the online store Macháčková Štěpánka, Ke Kapličce 321, 75654 Zubří.
The buyer for the purposes of this statement means the customer of the Hendsproducts.cz online store.
Statement:
Shopping on Hendsproducts.cz cannot be done without sharing some personal data. We pay maximum attention to the protection of your personal data:
1. The seller hereby declares that when handling the buyer's personal data, they will proceed in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, in its valid version /hereinafter referred to as the Act/.
2. The source of personal data is the buyer. Personal data about the buyer is collected and processed by the seller with the buyer's provable consent through a secure electronic database solely for the purpose of:
a) fulfilling the contract concluded by the seller.
b) offering business or services to the data subjects.
The scope of managed data fully corresponds to the registration form and no sensitive data is managed here.
3. The seller undertakes to protect the buyer's personal data. This data will not be provided by the seller to any third party, except in cases where providing data /e.g., address and phone number/ is a necessary condition for successful delivery of goods to the buyer.
4. In the registration form, the buyer is offered the option to receive marketing information electronically to the buyer's email address. By rejecting this option, the buyer is removed from the directory for automatic sending of the above-specified materials. Personal data is then, in the case of the above-specified rejection, stored exclusively for the purposes of identifying the buyer concerning the tax administrator, and for possible complaints, etc.
5. By filling out the registration form and sending it, i.e., filling in personal data within the Hendsproducts.cz online store, the buyer gives the seller consent to collect and process personal data about the buyer for an indefinite period. The buyer has the right to delete or change the structure of personal data at any time by written request to info@hendsproducts.cz.
The seller always proceeds in accordance with the law. All data you have provided to us, e.g., during registration, is archived in such a way that it cannot be misused and is used only for purposes for which you have given your consent.
The seller does not sell, rent, or otherwise share your data with any third party, except in cases where the transfer of data to a third party is necessary for the execution of your order or complaint.
Sending commercial communications and storing cookies
1. The buyer agrees to the sending of commercial communications by the seller to the buyer's email address and further agrees to the sending of information related to the seller's services, goods, or business to the buyer's email address. The buyer may receive communications to their email address.
2. The buyer agrees to the storage of cookies on their computer.
Out-of-court dispute resolution
- Dear consumer, if you believe that we have harmed you or failed to meet our obligations, write to our email address info@hendsproducts.cz.
- If we are unable to resolve the dispute directly, according to Act No. 378/2015, which amends Act No. 634/1992 Coll., on Consumer Protection, you also have the right to out-of-court consumer dispute resolution.
- The subject (ADR) of out-of-court consumer dispute resolution between a trader and a consumer is the Czech Trade Inspection Authority or another entity authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/dokument169867.html.
- The consumer has the option to submit a proposal to the Czech Trade Inspection Authority through an online form available on the Czech Trade Inspection Authority's website: https://adr.coi.cz/cs.
- The consumer may submit a proposal to the Czech Trade Inspection Authority or the authorized entity no later than 1 year from the date on which they first asserted their right, which is the subject of the dispute, with the seller.
- The consumer may also submit a proposal through the EU online dispute resolution platform, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS. The proposal can be submitted only by a consumer living in the EU to a trader based in the EU.
- If the disputing parties are not satisfied with the quality of the out-of-court consumer dispute resolution and believe that the Rules for Out-of-court Consumer Dispute Resolution have been violated during the proceedings, they can file a complaint with the Ministry of Industry and Trade or email adr@mpo.cz.
- In the case of cross-border disputes, the European Consumer Centre Czech Republic helps consumers to access the appropriate out-of-court consumer dispute resolution entity.
- The costs associated with out-of-court consumer dispute resolution are borne by the parties themselves.
These Terms and Conditions, Complaint Procedure, and Personal Data Protection Statement are valid and effective from June 1, 2015.