1. Preamble
These general terms and conditions (hereinafter also GTC) apply to purchases in the online store www.hydropress.cz , which is operated by HYDROPRESS s.r.o., IČ: 07826028, with registered office at Svážná 393/1, 63400 Brno. These General Terms and Conditions govern the relations between the Buyer and the Seller in the area of the sale of goods between HYDROPRESS s.r.o. IČ:07826028, with registered office at Svážná 393/1, 63400 Brno (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer").
All contractual relationships are concluded in accordance with the legal system of the Czech Republic. By placing an order, the buyer confirms that he has read these terms and conditions, of which the complaints procedure is an integral part, and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before placing the order and has the opportunity to familiarize himself with them.
2. Definition
1. Seller
The seller is HYDROPRESS s.r.o., ID: 07826028, with registered office at Svážná 393/1, 63400 Brno.
style="border:0px;margin:0px;padding:0px;">2. Buyer
The buyer is a consumer or entrepreneur.
A consumer is a natural person who, when concluding and fulfilling the Purchase Agreement with the Seller, is not acting as part of his business or other business activity or as part of the independent exercise of his profession. At the start of business relations, the consumer only provides the seller with their contact information, which is necessary for the smooth processing of the order, or the information that they want to have on the purchase documents.
Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code and Act No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations.
An entrepreneur means:
a person registered in the commercial register (primarily a trading company), a person who does business on the basis of a trade license (trader registered
in the trade register), a person who does business on the basis of a non-trade authorization according to special regulations.
Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these General Terms and Conditions or the Agreement between the Seller and the Buyer, are governed by the relevant provisions of Act. No. 513/1991 Coll., the Commercial Code as amended, as well as related regulations.
The Seller's Individual Contract with the Buyer is superior to the terms and conditions.
3. Consumer Agreement
A contract of purchase, for work, or other contracts according to the Civil Code, if the parties to the contract are the consumer on the one hand and the supplier on the other, or Seller.
style="border:0px;margin:20px0px;padding:15px 0px 0px;font-size:20px;line-height:1;color:#010101;font-family:'Open Sans', Helvetica, sans-serif;background -color:#ffffff;">4. Warranty and service When selling consumer goods, the warranty period is 12 months; otherwise 24 months.
The installation of hydraulic and electrical equipment may only be carried out by a specialized company with the appropriate authorization.
The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not apply to defects for which a lower price was negotiated.
If the item is used, the seller is not responsible for defects corresponding to the degree of use or wear and tear the item had when the buyer took it over.
In order to apply for a warranty repair, it is necessary to present the purchase document (an invoice that serves as a warranty certificate). If the goods are sent to the Seller, the goods must be packed for transport in such a way that they are not damaged during transport.
The Seller provides Buyers with post-warranty service. If the goods are sent to the Seller, the goods must be packed for transport in such a way that they are not damaged during transport.
The repaired goods will be sent to the Buyer on cash on delivery via the transport company, while a postage fee of CZK 300 will be charged to the price of the transport of the goods.
5. Claims procedure
a.) The buyer is obliged to properly inspect the goods when taking them over and to confirm the acceptance on the transport contract of the carrier or on the delivery note and to keep controlled documentation. If the buyer does not take over the goods properly and on time, he is fully responsible for all damages caused by this.
b.) Unless otherwise stipulated in these terms and conditions, the provisions of §428 of the Commercial Code apply to claims of defects by the seller.
c.) By accepting the goods, the buyer confirms that he is familiar with the technical parameters of the goods and is obliged to ensure professional installation in accordance with ČSN and EU standards, including ensuring the expertise of service and service personnel. Assessing the suitability of the goods and their application is the buyer's own responsibility.
d.) All notices of defects must be sent to the seller in writing. Obvious defects must be claimed no later than 14 days after taking over the goods and hidden manufacturing defects (defects that can be detected with the use of professional care) within 12 months after taking over the goods, but no later than 2000 operating hours (unless otherwise specified). The end of the service life in conditions that do not correspond to the parameters specified by the seller, before the expiration of the warranty, is not considered a manufacturing defect.
e.) The buyer's claims for product defects will only be recognized if they were notified in time and if the buyer proves that the defects were not caused by external influences after the risk of damage to the goods had passed to the buyer. The warranty period does not apply to short-life components and consumables.
f.) The prerequisite for recognition of a claim from product defects is recognition of the claim by the seller based on his own technical review at the company HYDROPRESS s.r.o. and also at the supplier of the product. Shipping of the claimed goods is always paid by the buyer.
g.) Fulfillment of the guarantee consists, at the discretion of the seller and the agreement with the buyer, in:
- Delivery of replacement goods for defective goods, or delivery of missing goods
- Repair of this defect, if it is repairable
- Discount from purchase contract
h.) All claims for damages by the buyer against the seller in connection with the contract are limited to the amount of the price paid for the goods delivered to the buyer, while the seller is only liable for damage caused intentionally, or gross negligence.
i.) HYDROPRESS s.r.o. does not grant any other guarantees.
Complaints do not apply to the following cases:
if a defect or damage has arisen as a result of demonstrably improper use, in violation of the instructions for use, or other improper conduct by the Buyer of demonstrable unauthorized interference with the goods for defects that arose from normal wear and tear of consumer goods with a specified period of use according to special legal regulations, if such a claim is made after expiry of this period defects caused by natural disasters.
6. Termination of the Agreement
Due to the nature of the conclusion of the Purchase Agreement through remote communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 7 days of receiving the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with Section 53, Paragraphs 7 and 8 of Act No. 40/164 Coll., Civil Code, as amended. The above does not apply to the Buyer who is an entrepreneur and concludes the Purchase Agreement in connection with his business activity. In the case of the aforementioned withdrawal from the contract, the Seller will send the purchase price to the Buyer's bank account, which the Buyer will notify the Seller for this purpose.
The Seller has the right to withdraw from the Contract if the Buyer does not pay the full amount of the price within 30 days from the date of conclusion of the purchase Contracts.
The Buyer will allow the Seller to fulfill its obligations in accordance with the Offer/Contract, for which it will develop all necessary cooperation.
The Buyer undertakes to cover all costs incurred by the Seller by sending reminders and costs associated with the collection of any claims.
The Buyer acknowledges that the Seller is entitled to assign its claim from the Contract to a third party.
The Buyer shall immediately inform the Seller of a change in his identification data, no later than within 5 working days from the day on which such a change occurred.
The parties undertake to use their best efforts to amicably resolve all disputes arising out of or in connection with the Agreement and/or GTC.
The mutual obligation relationship of the contracting parties is governed by the legal order of the Czech Republic, in particular by Act No. 40/1964 Coll., the Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Article III. Regulation No. 593/2008 on the applicable law for contractual obligations, adopted by the European Parliament and the Council of the European Union on June 17, 2008 (hereinafter referred to as "Rome I"), that they chose Czech law as the applicable law for the Purchase Agreement and these GTC, namely excluding the application of the "UN Convention on Contracts for the International Sale of Goods". This choice does not affect Article VI of Rome I, regarding consumer contracts.
In the event that any provision of the Agreement and/or GTC is or becomes or is found to be invalid or unenforceable, this will not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and/or GTC. In such cases, the contracting parties undertake to replace invalidating an unenforceable provision with a valid and enforceable provision that will have the same and legally permissible meaning and effect as was intended by the provision to be replaced.
As a matter of legal caution, the contracting parties hereby declare that, for cases of contracting with an international element, for any cases of disputes (with the exception of disputes for which the exclusive jurisdiction of the arbitrator is given and/or in connection with them) or for cases in which the final decision of the court would find, that the authority of the arbitrator is not given here according to this article of the GTC, that in accordance with Article 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000, on jurisdiction and the recognition and enforcement of court decisions in civil and commercial matters, the negotiator the exclusive jurisdiction of the municipal court in Brno for deciding all future disputes arising from the Contract and/or
GTC and/or in connection with them. Also, the contracting parties hereby establish the exclusive jurisdiction of the municipal court in Brno for all disputes in connection with the Agreement and GTC (with the exception of disputes in which the exclusive jurisdiction of the arbitrator is given and/or in connection with them).
These General Terms and Conditions become valid and effective on January 1, 2017 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The General Terms and Conditions then cease to be valid and effective on the date of entry into force of the later General Terms and Conditions.