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 sro , IČ: 07826028, with its registered office at Svážná 393/1, 63400 Brno. These GTC regulate the relations between the Buyer and the Seller in the area of ​​sale of goods between HYDROPRESS s.r.o. IČ: 07826028, with its 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 relations are concluded in accordance with the legal order of the Czech Republic. By placing an order, the buyer confirms that he has read these terms and conditions, of which the complaint procedure forms an integral part, and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them.

2. Definitions

1. Seller
The seller is HYDROPRESS s.r.o., IČ: 07826028, with its registered office at Svážná 393/1, 63400 Brno.

2. Buyer
The Buyer is a consumer or entrepreneur.
A consumer is a natural person who does not act within the scope of his business or other entrepreneurial activity or the independent performance of his profession when concluding and fulfilling the Purchase Agreement with the Seller. At the beginning of the business relationship, the Consumer passes on to the Seller only his contact details necessary for the smooth execution of the order, or the data he wants to have on the purchase documents.
No. 40/1964 Coll., Civil Code and Act. No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations.
Entrepreneur means:
a person registered in the Commercial Register (especially a commercial company), a person who does business on on the basis of a trade license (self-employed person registered
in the trade register), a person who conducts business on the basis of a license other than a trade license according to special regulations.

Legal relations between the Seller and the Buyer who is an entrepreneur The GTC and the Contract between the Seller and the Buyer are governed by the relevant provisions of Act no. No. 513/1991 Coll., Commercial Code, as amended, as well as related regulations.
The individual contract of the Seller with the Buyer is superior to the business conditions.

3. Consumer Contract

Purchase contract, work contract, or other contracts according to the Civil Code, if the contracting parties are the consumer on the one hand and the supplier, resp. Seller.

4. Warranty and service

The warranty period for the sale of consumer goods is 12 months; otherwise 24 months.
The installation of hydraulic and electrical equipment may only be carried out by a specialist company with the appropriate authorization.
The warranty does not cover wear and tear caused by its normal use. For items sold at a lower price, the warranty does not cover defects for which a lower price has been agreed.
In the case of used items, the seller is not liable for defects corresponding to the degree of use or wear that the item had when taken over by the buyer. > In order to apply for a warranty repair, it is necessary to submit an acquisition document (invoice, which serves as a warranty card). In the case of sending the goods to the Seller, it is necessary to pack the goods for transport in such a way that it is not damaged during transport.
The Seller provides the Buyer 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.
Repaired goods will be sent to the Buyer cash on delivery through the transport company, while the postage price of 300 CZK.

5. Complaints procedure

a.) The buyer is obliged to properly inspect the goods upon receipt and confirm the receipt on the carrier's contract of carriage, or on the delivery note and to keep controlled documentation of the acceptance. If the buyer does not take over the goods properly and in time, he is fully responsible for all damages caused thereby.
b.) Unless otherwise stipulated in these conditions, the provisions of § 428 of the Commercial Code apply to the seller for defects.
c .) By taking over the goods, the buyer confirms that he is acquainted 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 staff and service personnel. The assessment of the suitability of the goods and its application is the sole responsibility of the buyer.
d.) All notices of defects must be sent to the seller in writing. Obvious defects must be reported no later than 14 days after receipt of the goods and hidden manufacturing defects (defects detectable by professional care) within 12 months of receipt of the goods, but not more than 2000 operating hours (unless otherwise stated). End of life in conditions not in accordance with the parameters specified by the seller, before the expiration of the warranty is not considered a manufacturing defect.
e.) were not caused by external influences after the transfer of the risk of damage to the goods to the buyer. The warranty period does not apply to components with a short service life and consumables.
f.) The precondition for the recognition of a claim for defects in the goods is the recognition of the complaint by the seller based on its own technical inspection by HYDROPRESS s.r.o. then at the product supplier. The transport of the claimed goods is always paid for by the buyer.
g.) The warranty is 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 defects, if repairable
- Discount from the purchase contract
h.) All claims for damages of the buyer against the seller in connection with the contract are limited to the price paid for the goods delivered to the buyer, with the seller only liable for damage. caused intentionally or by gross negligence.
i.) The company HYDROPRESS sro does not provide any additional guarantees.

Complaints do not apply in cases:

if the defect or damage is caused by demonstrable misuse, contrary to the instructions for use or other misconduct of the Buyer demonstrable tampering with the goods for defects caused by normal wear and tear of consumer goods with a specified period of use according to special legislation, if such claims made after the expiration of this period defects caused by natural disasters.

6. Termination of the Agreement

Due to the nature of concluding the Purchase Agreement through distance communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 7 days of receipt of the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with the provisions of Section 53, Paragraphs 7 and 8 of Act No. 40/164 Coll., The Civil Code, as amended. The above does not apply to the Buyer, who is an entrepreneur and enters into a Purchase Agreement in connection with its business activities. In the event of the above withdrawal from the contract, the Seller will send the purchase price to the Buyer's bank account, which the Buyer will inform the Seller for this purpose.
The Seller has the right to withdraw from the Contract if the Buyer does not pay the full price within 30 days from the date of conclusion of the Purchase Agreement.

7. Final provisions

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 pay all costs incurred by the Seller by sending reminders and costs associated with recovery of any receivables.
acknowledge that the Seller is entitled to assign its claim under the Contract to a third party.
The Buyer will immediately inform the Seller of the change in its identification data, no later than within 5 working days from the date on which such change occurred.
The Parties undertake to make every effort to amicably resolve all disputes arising out of or in connection with the Agreement and / or the GTC.
The mutual obligation of the Contracting Parties is governed by the laws of the Czech Republic, in particular Act No. 40/1964 Coll. ., the Civil Code, as amended. For the purposes of contracting with an international element hereby in accordance with Article III. Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter referred to as “Rome I”), that they chose Czech law as the law applicable to the Purchase Agreement and these GTC, namely excluding the application of the "UN Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Article VI Rome I, concerning consumer contracts.
In the event that any provision of the Contract and / or the GTC is or becomes or is found to be invalid or unenforceable, it will not affect (to the maximum extent permitted by law). ) the validity and enforceability of the remaining provisions of the Agreement and / or the GTC. In such cases, the Contracting Parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which will have, to the maximum extent possible, the meaning and effect legally permissible as the intention of the provision to be replaced.
the Contracting Parties declare, in cases of contracting with an international element, for any disputes (other than the power of an arbitrator under 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 judgments in civil and commercial matters, conferring exclusive jurisdiction on the municipal court in Brno for resolving all future disputes under the Contract and / or
GTC and / or in connection with them. The Contracting Parties hereby establish the exclusive jurisdiction of the Municipal Court in Brno for all disputes in connection with the Contract and the GTC (with the exception of disputes in which the arbitrator has exclusive jurisdiction and / or in connection with them).
These GTC come into force and effect. on 1.1.2017 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GTC then cease to be valid and effective on the day the GTC comes into force later.

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