Terms and Conditions
General Terms and Conditions and Complaints Procedure for distance selling by HOPA CZ, s.r.o. (hereinafter the "Terms")
Company: HOPA CZ, s.r.o.
Registered office: Divnice 144, 763 21 Slavičín
Company ID No.: 25502531
Tax ID No.: CZ25502531
File No.: C 28241 maintained by the Regional Court in Brno
Email address: info@hopa.cz; objednavky@hopa.cz
Tel.: +420 577 342 630
Bank details for payments in CZK:
Account No. 1566590227/0100, held with Komerční banka, a. s., Slavičín branch
INTRODUCTORY PROVISIONS
These general terms and conditions (hereinafter the "Terms") of the seller named above (hereinafter the "Seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the "Purchase Contract") concluded between the Seller and another person (hereinafter the "Buyer"), including by means of the Seller's online shop. The online shop is operated by the Seller at the e-shop URL given in the heading, by means of a website interface (hereinafter the "shop's web interface").
Provisions departing from these Terms may be agreed in the Purchase Contract. Any departing provisions in the Purchase Contract prevail over the Terms.
The Purchase Contract and the Terms are drawn up in Czech. The Purchase Contract may be concluded in Czech.
The Seller may amend or supplement the wording of these Terms. This provision does not affect the rights and obligations that arose while the previous wording of the Terms was in effect.
The Terms form an integral part of the Purchase Contract. By submitting an order, the Buyer confirms that, before concluding the Purchase Contract, they have acquainted themselves with these Terms, as well as with the Seller's Complaints Procedure and the personal data processing policy that form part of them, and that they agree to them without reservation, in the wording valid and effective at the moment the order is submitted.
These Terms further comply with Act No. 634/1992 Coll., on Consumer Protection, as amended, and with Article 13 of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27/04/2016, the General Data Protection Regulation (hereinafter the "GDPR").
An entrepreneur is a person who independently carries out a gainful activity on their own account and responsibility, by way of a trade or in a similar manner, with the intention of doing so consistently for profit. For the purposes of consumer protection and for the purposes of Section 1963 of the Civil Code, an entrepreneur is also any person who concludes contracts connected with their own commercial, manufacturing or similar activity, or in the independent exercise of their profession, and any person who acts in the name of or on behalf of an entrepreneur.
If the Buyer states their business name or Company ID No. in the order, they are deemed to be purchasing the goods as part of their business activity or the independent exercise of their profession.
A consumer is any individual who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with an entrepreneur or otherwise deals with them.
A consumer contract is a purchase contract, or any other contract, where the contracting parties are a consumer on one side and an entrepreneur on the other.
These Terms also apply to any other form of distance selling of goods between the Seller named above and the Buyer.
USER ACCOUNT
On the basis of the registration carried out by the Buyer on the website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter the "user account"). The Buyer may also order goods without registration, directly from the shop's web interface.
When registering on the website and when ordering goods, the Buyer must enter all data correctly and truthfully. The Buyer must update the data given in the user account whenever placing an order or making a complaint. The data given by the Buyer in the user account and when ordering goods are regarded by the Seller as correct.
Access to the user account is secured by a username and password. The Buyer must maintain confidentiality regarding the information necessary to access their user account.
The Buyer may not allow third parties to use the user account.
The Seller may cancel the user account, in particular where the Buyer has not used their user account for more than five years, or where the Buyer breaches their obligations under the Purchase Contract (including the Terms).
The Buyer acknowledges that the user account may not be available without interruption, in particular having regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third parties' hardware and software.
CONCLUSION OF THE PURCHASE CONTRACT
All presentation of goods placed in the shop's web interface is for information purposes only, and the Seller is not obliged to conclude a Purchase Contract in respect of such goods. Section 1732(2) of the Civil Code does not apply.
The shop's web interface contains information about the goods, including the prices of the individual goods and the cost of returning goods where, by their nature, those goods cannot be returned by the usual postal or courier route. The prices of the goods are stated inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the shop's web interface. The prices of the goods are not tailored to the individual Buyer on the basis of automated decision-making. This provision does not limit the Seller's ability to conclude a Purchase Contract on individually agreed terms.
The shop's web interface also contains information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods given in the shop's web interface applies only where the goods are delivered within the territory of the Czech Republic. Where the Seller offers free delivery of goods, the Buyer's right to free delivery is conditional upon payment of the minimum total purchase price of the goods being delivered, in the amount stipulated in the shop's web interface. Where the Buyer partially withdraws from the Purchase Contract and the total purchase price of the goods not withdrawn from is below the minimum amount required for the right to free delivery to arise under the preceding sentence, the Buyer's right to free delivery lapses and the Buyer must pay the Seller for delivery of the goods.
To order goods, the Buyer completes the order form in the shop's web interface. The order form contains, in particular, information about:
the goods being ordered (the Buyer "places" the goods being ordered into the electronic shopping basket of the shop's web interface),
the method of paying the purchase price of the goods and the costs associated with paying the purchase price,
the requested method of delivering the goods and the costs associated with delivering the goods (hereinafter collectively the "order").
The Buyer consents to the use of means of distance communication when concluding the Purchase Contract. Any costs incurred by the Buyer in using means of distance communication in connection with concluding the Purchase Contract (the cost of internet connection, the cost of telephone calls) are borne by the Buyer, and those costs do not differ from the basic rate.
The subject of the purchase under the Purchase Contract is the goods specified in the Seller's binding confirmation of the order, by which the Purchase Contract is concluded (hereinafter also the "goods").
Neither the carrying-in nor the installation of the goods forms part of the Purchase Contract or of the purchase price, unless expressly agreed.
The information about the goods available on the Seller's website is given according to the data and information currently available. What is decisive is the information about the goods, including the purchase price, at the moment the Buyer delivers the order to the Seller. The extras and accessories shown are not part of the goods purchased, unless expressly stated otherwise in the description of the goods.
In all cases, depending on the nature of the order (the quantity of goods, the amount of the purchase price, the anticipated delivery costs), the Seller may request additional confirmation of the order from the Buyer (for example, in writing or by telephone).
The contractual relationship between the Seller and the Buyer arises when the order is accepted by the Seller (acceptance).
Any subsequent changes and additions by the Buyer to an order already placed must be made by means of the email address given in the heading or by telephone; such changes and additions, however, are effective as against the Seller only once the Seller has approved them.
The Buyer orders goods by means of the shop's web interface, by email communication or by telephone.
The Buyer expressly acknowledges that the colours of the goods shown in the online interface of the e-shop are for information only. The Buyer likewise acknowledges that the dimensions of upholstered goods may show minor deviations from the dimensions stated by the Seller.
The subject of the purchase under the Purchase Contract is the goods specified in the Seller's binding confirmation of the order, by which the Purchase Contract is concluded (hereinafter also the "goods").
The information about the goods available on the website referred to above is given according to the data and information currently available. What is decisive is the information about the goods, including the purchase price, at the moment the Buyer delivers the order to the Seller. The shades of the product shown may differ depending on the individual settings of the technical parameters of each Buyer's monitor. The extras, accessories and decorative items shown are not part of the goods purchased, unless expressly stated otherwise in the description of the goods.
Once the order has been dispatched, the Buyer may no longer request the Seller to change the billing details given in the order.
The Seller reserves the right to make minor technical changes to the goods sold.
If the Buyer is in default in providing necessary cooperation, the agreed or specified time for performance is extended by the period during which the Buyer is in default in providing the Seller with the necessary cooperation.
Where the Buyer purchases the goods in connection with the subject of their business activity or in the course of the independent exercise of their profession, all the following provisions of this Article apply.
The Buyer acknowledges that, up until the moment the goods are delivered to the Buyer, the Seller may unilaterally withdraw from the Purchase Contract without giving any reason.
Payment Terms
The goods will be handed over to the Buyer only after full payment of the purchase price and of the cost of delivery and payment (hereinafter the "delivery charge") under these Terms.
The Buyer may pay the purchase price and the delivery charge:
by cash on delivery, in cash, when taking receipt of the goods from the carrier;
by cashless bank transfer to the account given in the heading of these Terms;
by cashless card payment, or in cash on personal collection at the Seller's premises at: HOPA CZ, s.r.o., Divnice 144, 763 21 Slavičín.
Together with the purchase price, the Buyer must also pay the Seller the costs associated with packaging and delivering the goods, in the agreed amount.
In the case of cashless payment by bank transfer, the Buyer must pay the purchase price of the goods stating the variable symbol (payment reference).
The Seller is a value added tax payer.
Title to the goods passes to the Buyer upon full payment of the purchase price. The Seller may require a deposit, up to the full amount of the purchase price. The Buyer is entitled to take receipt of the goods only after payment of the full purchase price of the goods. On taking receipt of the goods, the Seller may require the Buyer to produce proof of purchase of the goods.
Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with one another.
If the Buyer is in default in paying the purchase price of an individual delivery, the Seller is entitled to demand payment of default interest at the rate of 0.1% of the amount owed per day. In this case, the goods continue to remain the property of the Seller until the purchase price is paid in full. If the Buyer's default lasts longer than 30 days, the Seller may withdraw from the Purchase Contract. Withdrawal from the contract must be in writing and takes effect at the moment it is delivered to the Buyer. In such a case, the parties are obliged to return to each other everything they obtained under this Purchase Contract. Return of the goods instead of payment is possible only at the Seller's request or by agreement with the Seller, and is carried out at the Buyer's own cost and risk.
Delivery Date, Delivery and the Delivery Charge
The place of delivery of the goods is the delivery address given by the Buyer in the order, unless the Seller and the Buyer subsequently agree otherwise.
If no time for performance is agreed, the Seller will hand over the item to the Buyer without undue delay after the Purchase Contract is concluded, but no later than within thirty days.
The goods are delivered to the delivery address given in the order only as far as the first entrance door or the outer gate, and only where conditions permit.
Partial deliveries are permissible, unless expressly agreed otherwise.
In justified cases, the physical cooperation of the Buyer may be required during unloading, in particular but not exclusively where the vehicle transporting the goods cannot come closer than 10 metres to the first door of the building.
The Buyer must ensure, at the agreed time, an access route to the agreed place for delivery and receipt of the goods. If the Buyer frustrates delivery of the goods, any further attempt to deliver the goods may be charged at an amount of up to CZK 1,000, or the Buyer may be required to pay storage charges. In such a case, the Buyer must pay the Seller this amount, being the delivery charge, before any further delivery attempt, or collect the goods in person at the Seller's premises at the Buyer's own expense (see below).
Where the method of delivery is agreed on the basis of the Buyer's special request, the Buyer bears the full risk and any additional costs associated with that method of delivery.
The Buyer must duly inspect the goods on taking receipt from the carrier. If, on delivery of the goods by the carrier, the Buyer discovers damage to the consignment which they believe was caused during carriage, the following procedure is recommended to the Buyer for such a complaint. The Buyer should note the defects or the incorrect number of parcels as a reservation in the carrier's consignment note and send it to the Seller by email, without undue delay and no later than within 3 working days of the day on which the consignment was delivered to the Buyer. As far as possible, the Buyer should not handle the consignment in any way and should ensure that the packaging in which the consignment was delivered to them is preserved. At the same time, the Buyer should send photographic documentation of the damaged goods, the packaging and the carrier's report.
The personal collection service is free of charge. The ordered goods may be collected at the Seller's premises.
On personal collection, the Seller may verify the Buyer's identity.
If the personal collection described above is chosen, the Buyer is to collect the goods within five working days of the day on which the Buyer is notified that the goods are ready for personal collection at the premises referred to above. If the Buyer is in default in collecting the goods, the Seller may in that case withdraw from the Purchase Contract in question.
Where the Buyer purchases the goods in connection with the subject of their business activity or in the course of the independent exercise of their profession, the following provisions of this Article of the Terms also apply.
The delivery periods are extended where the Seller is prevented from performing, temporarily or permanently, by force majeure, being an extraordinary, unforeseeable and unavoidable obstacle arising independently of the Seller's will, including the consequences of the Covid pandemic or of war and any similar conflict. This also applies where these circumstances arise with the Seller's suppliers and sub-suppliers, or where the Seller's own operational shutdown is concerned. The foregoing also applies to circumstances which, if the above conditions are met, would prevent the Seller from performing for the Buyer.
An agreement by the parties to deliver the goods on a later date than that agreed in the Purchase Contract does not affect the originally stipulated payment date.
The period for delivery of the goods is deemed to be 6 months from the day the Purchase Contract is concluded, unless otherwise agreed in the Purchase Contract.
WITHDRAWAL FROM THE PURCHASE CONTRACT
The Buyer acknowledges that, under Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of:
goods which have been adapted to the consumer's wishes or for the consumer personally (that is, any bespoke adaptation of the goods at the consumer customer's request means that the consumer cannot withdraw from the purchase of the goods);
goods in sealed packaging which the consumer has removed from the packaging and which, for reasons of hygiene, cannot be returned.
Unless the case referred to in the preceding paragraph applies, or another case in which withdrawal from the Purchase Contract is not possible, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of the day on which the Buyer, or a third party designated by the Buyer other than the carrier, takes receipt of the goods, or:
a) the last item of goods, where the Buyer orders several items of goods within a single order that are delivered separately,
b) the last item or part of a delivery of goods consisting of several items or parts, or
c) the first delivery of goods, where the contract provides for regular delivery of goods over an agreed period.
Withdrawal from the Purchase Contract must be sent to the Seller within the period given in the preceding sentence. To withdraw from the Purchase Contract, the Buyer may use the model form provided by the Seller, which forms an annex to these Terms. The Buyer may send the withdrawal from the Purchase Contract to, among other places, the address of the Seller's premises or the Seller's email address, or may use the model form in the annex to these Terms.
Where the Purchase Contract is withdrawn from under this Article of the Terms, the Purchase Contract is cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen days of the withdrawal from the Purchase Contract being delivered to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, including where the goods, by their nature, cannot be returned by the usual postal route.
Where the Purchase Contract is withdrawn from under this Article of the Terms, the Seller will return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract, by the same means by which the Seller received them from the Buyer, unless agreed otherwise with the Buyer. The Seller is also entitled to return the performance provided by the Buyer as early as when the Buyer returns the goods, or by another means, provided that the Buyer agrees and no additional costs arise for the Buyer thereby. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer has returned the goods to the Seller, following inspection of the condition of the goods, or has proved that they have sent the goods to the Seller, whichever occurs first.
The consumer is liable to the entrepreneur only for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary to acquaint themselves with the nature, characteristics and functionality of the goods. The Buyer acknowledges that the Seller is entitled unilaterally to set off any claim for compensation for damage caused to the goods by the Buyer (damaged, worn, soiled or partially used goods) against the Buyer's claim for the return of the purchase price.
In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time, up until the goods are taken receipt of by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without undue delay, by cashless transfer to an account designated by the Buyer.
Together with the purchase price, the Seller will also return to the Buyer the delivery charge for delivering the goods to the Buyer, in the amount of the cheapest type of delivery shown on the Seller's e-shop on the date of the order. Where withdrawal relates to part of the goods in the order, a proportionate part of the delivery charge is returned. The costs of carriage of the goods on the Buyer's part upon withdrawal from the Purchase Contract are borne by the Buyer, who is not entitled to demand their reimbursement from the Seller.
Where a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded subject to a resolutive condition that, if the Buyer withdraws from the Purchase Contract, the gift contract ceases to have effect in respect of such gift and the Buyer must return the gift provided, together with the goods, to the Seller.
The price for any separately agreed carrying-in of the goods, or the cash-on-delivery fee, is not refunded where the Buyer withdraws from the Purchase Contract under this Article.
Where the Buyer purchases the goods in connection with the subject of their business activity or in the course of the independent exercise of their profession, the provisions of this Article of the Terms do not apply (that is, in such a case the Buyer does not have the right of withdrawal under this Article of the Terms).
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE (Complaints Procedure)
The rights and obligations of the contracting parties concerning rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
The Seller is liable to the Buyer for the item being free of defects on receipt. In particular, the Seller is liable to the Buyer that the item:
a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
b) is fit for the purpose for which the Buyer requires it and to which the Seller has agreed, and
c) is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
The Seller is liable to the Buyer that, in addition to the agreed characteristics:
a) the item is fit for the purpose for which an item of that kind is usually used, having regard also to the rights of third parties, legal regulations, technical standards or the codes of conduct of the given sector where there are no technical standards,
b) the item, in terms of its quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of items of the same kind which the Buyer may reasonably expect, having regard also to public statements made by the Seller or another person in the same contractual chain, in particular by advertising or labelling,
c) the item is supplied with the accessories, including packaging, assembly instructions and other instructions for use, which the Buyer may reasonably expect, and
d) the item corresponds, in quality or design, to the sample or model which the Seller provided to the Buyer before the Purchase Contract was concluded.
The above paragraph does not apply where the Seller specifically notified the Buyer, before the Purchase Contract was concluded, that some characteristic of the item differs, and the Buyer expressly agreed to this when concluding the Purchase Contract.
The Seller is not bound by a public statement under point b) above if the Seller proves that it was not aware of the statement, or that by the time the Purchase Contract was concluded the statement had been corrected in at least a comparable manner to that in which it was made, or that it could not have influenced the decision to purchase.
The Seller is also liable to the Buyer for a defect caused by incorrect assembly or installation which, under the Purchase Contract, was carried out by the Seller or on the Seller's responsibility. This also applies where the assembly or installation was carried out by the Buyer and the defect arose as a result of a deficiency in the instructions provided for it by the Seller.
A complaint is unfounded in particular where:
the defect was present in the item at the time of receipt and a discount on the purchase price has been agreed for that defect;
the defect is caused by the Buyer and arose through incorrect use, storage, incorrect maintenance, excessive loading, intervention by the Buyer or mechanical damage;
the goods are used in conditions which, by their temperature, dustiness, humidity, or chemical and mechanical environmental influences, are not usual;
the defect arose as a result of an external event beyond the Seller's control (the elements, force majeure, the condition of the electricity mains);
the functional and aesthetic value of the goods has been prematurely exhausted through careless use of the goods;
it concerns the natural properties of natural materials and not a defect (a defect in the goods does not include the usual colour or structural variation in natural or textile materials, in lacquered, tiled or oiled surfaces, the typical properties of wood or bamboo, including odour, or minor dimensional deviations in furniture upholstery within tolerance).
the defect does not manifest on the goods even after thorough expert examination;
through an unqualified intervention, the use of non-original parts, a change of parameters, or where the defect arose in the case of modification of the goods by the Buyer or a third party.
A defect in the item does not include wear of the item caused by its usual use or, in the case of a used item, wear corresponding to the degree of its previous use.
A quality guarantee arises from a statement by the guarantee provider that they will satisfy the Buyer beyond the Buyer's statutory rights arising from defective performance, in particular by refunding the purchase price, replacing the item or repairing it, or by providing a service in that connection, should the item not have the characteristics stated in the guarantee declaration. A quality guarantee also arises from a statement made in advertising available no later than the moment the Purchase Contract is concluded. Where the content of the guarantee contained in another guarantee declaration is less favourable to the Buyer than the content of the guarantee made in the advertising, the content stated in the advertising prevails, unless it was subsequently amended before the Purchase Contract was concluded in the same or a comparable manner to that in which the advertising was made.
Beyond its statutory obligations, the Seller provides the Buyer with a quality guarantee for a period of two years, or one year for used goods, unless the guarantee certificate or the product card states a longer guarantee. The exercise of the guarantee is governed by the provisions of the Terms set out above, unless the guarantee certificate, the Purchase Contract or the information on the product card provides otherwise.
If guarantee declarations specify different guarantee periods, the longest of them applies.
The guarantee period runs from the handing over of the item to the Buyer; if the item was dispatched under the Purchase Contract, it runs from the arrival of the item at the place of destination. If someone other than the guarantee provider is to bring the purchased item into operation, the guarantee period runs only from the day the item is brought into operation, provided that the Buyer ordered the commissioning no later than within three weeks of taking receipt of the item and duly and promptly provided the cooperation necessary for the service to be carried out.
The Buyer must give notice of a defect covered by the guarantee to the guarantee provider within the period determined by the length of the guarantee period.
If a defect manifests within one year of receipt, the item is deemed to have already been defective on receipt, unless the nature of the item or of the defect precludes this. This period does not run for the time during which the Buyer cannot use the item, where the Buyer has given notice of the defect with justification.
The Buyer may give notice of a defect that manifests on the item within two years of receipt. If performance is to take place over a period longer than two years, the Buyer has rights from a defect that occurs or manifests during that period. On the purchase of a used item, the above period is shortened to one year.
If the Buyer has given notice of a defect to the Seller with justification, the above period does not run for the time during which the Buyer cannot use the item.
The Buyer is not entitled to rights arising from defective performance if the Buyer caused the defect themselves.
The Buyer is to notify the Seller of the right they have chosen when notifying the defect, or without undue delay after notifying the defect. The Buyer cannot change the choice made without the Seller's consent; this does not apply where the Buyer requested repair of a defect which proves to be irreparable.
If the item has a defect, the Buyer may require its removal. At the Buyer's choice, they may require the delivery of a new item free of defects or the repair of the item, unless the chosen method of removing the defect is impossible or, in comparison with the other method, disproportionately costly; this is assessed having regard in particular to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant difficulty for the Buyer. The Seller may refuse to remove the defect if doing so is impossible or disproportionately costly, having regard in particular to the significance of the defect and the value the item would have without the defect.
The Buyer may require a reasonable discount or withdraw from the Purchase Contract where:
a) the Seller refused to remove the defect or failed to remove it in accordance with Section 2170(1) and (2) of the Civil Code,
b) the defect manifests repeatedly,
c) the defect constitutes a material breach of the Purchase Contract, or
d) it is evident from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulty for the Buyer.
A reasonable discount is determined as the difference between the value of the item without the defect and the value of the defective item which the Buyer received.
The Buyer cannot withdraw from the Purchase Contract if the defect of the item is insignificant; a defect is presumed not to be insignificant.
If the Buyer withdraws from the Purchase Contract, the Seller will return the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves to the Seller that they have dispatched the item.
Until the Seller fulfils its obligations arising from defective performance, the Buyer need not pay the purchase price, or any part of it, that remains unpaid.
Save in cases where another person is designated to carry out the repair, the Seller must accept a complaint at any of its premises at which a complaint can be handled, having regard to the range of products sold or services provided, and where applicable also at its registered office. On the lodging of a complaint, the Seller must issue the Buyer with a written confirmation stating the date on which the Buyer lodged the complaint, its content, the method of handling the complaint requested by the Buyer, and the Buyer's contact details for the purpose of providing information about the handling of the complaint. This obligation also applies to other persons designated to carry out the repair.
Sections 1923, 2106 and 2107 of the Civil Code on rights arising from defective performance do not apply to a Buyer who purchases in connection with the subject of their business activity or in the course of the independent exercise of their profession.
Where goods are replaced, the previous guarantee period (or the period of liability for defects) continues to run, and no new period begins.
The Seller will remove the defect within a reasonable time after it is notified, so as not to cause the Buyer significant difficulty, taking into account the nature of the item and the purpose for which the Buyer purchased it.
In order to remove the defect, the Seller will collect the item at its own expense. If this requires the disassembly of the item whose assembly was carried out in accordance with the nature and purpose of the item before the defect manifested, the Seller will carry out the disassembly of the defective item and the assembly of the repaired or new item, or will pay the associated costs.
A complaint, including removal of the defect, must be handled, and the Buyer must be informed of this, within thirty (30) days at the latest of the day the complaint is lodged, unless the Seller and the Buyer agree on a longer period. If the complaint is not handled within this period, the Buyer may withdraw from the Purchase Contract or require a reasonable discount. A condition for the running of these periods is that the Buyer has provided the Seller with the cooperation necessary for handling the complaint, that is, in particular, that they have enabled the Seller to examine the goods complained of.
If the Buyer does not take receipt of the item within a reasonable time after the Seller has notified them of the possibility of collecting the item following repair, the Seller is entitled to a charge for storage of the goods at the rate of 0.1 per cent of [the value of] the goods per day. The Seller may subsequently sell the uncollected goods itself. The Seller must notify the Buyer of this course of action in advance and provide them with a reasonable additional period for taking receipt of the goods.
If the Buyer makes a complaint about damaged goods from a set (that is, several items in one package), it is usually sufficient to send the Seller photographs or a video of the goods which the Buyer considers to be defective, or possibly only the damaged part rather than the whole set. This also applies where the product consists of several parts and the Buyer makes a complaint about only one part of it. The Seller recommends that the goods be sent preferably in their original packaging or otherwise suitably packed. Consignments containing the goods complained of may not be sent to the Seller cash on delivery.
The Seller must confirm to the Buyer in writing the method of handling the complaint and its duration.
The goods that the Buyer wishes to have examined must be in a condition that meets basic hygiene standards allowing their condition to be assessed and any defects identified. The Seller recommends that goods sent for a complaint be properly cleaned. Where the condition of the goods handed over to the Seller for assessment of the merits of the defects claimed does not meet the basic hygiene requirements necessary to examine their condition, such goods will be sent back to the Buyer.
The Buyer may not, without the Seller's consent, change the method of handling the complaint once chosen, except where the method of resolution chosen by the Buyer cannot be carried out.
The Seller is not obliged to provide the Buyer with substitute goods for the duration of the handling of the complaint.
The Seller will return the funds to the Buyer by the same means by which it received them, unless agreed otherwise with the Buyer.
The Buyer may lodge a complaint with the Seller in particular by means of the Seller's website, by letter, by email, by data box or in person at any of the Seller's shops in the Czech Republic.
A person who has rights arising from defective performance is also entitled to reimbursement of the costs reasonably incurred in exercising that right. However, if the Buyer does not exercise the right to reimbursement within one month after the expiry of the period within which the defect must be notified, the court will not grant the right if the Seller objects that the right to reimbursement was not exercised in time.
The Seller recommends that all goods sent to it for assessment of the claimed defects be packed safely and properly so that they are not damaged in transit. The Seller is not liable for defects arising from carriage from the Buyer to the Seller.
The Buyer is entitled to reimbursement of the costs reasonably incurred in connection with making the complaint, where the complaint is recognised as well-founded.
Where the Buyer purchases the goods in connection with the subject of their business activity or in the course of the independent exercise of their profession, the above provisions of this Article of the Terms do not apply, and the provisions set out below in this Article apply.
The period for handling a complaint is 6 months, and the guarantee on the purchased goods is 6 months.
The Seller decides exclusively on the method of handling a complaint.
The Buyer must give notice of obvious defects on taking receipt of the goods. Otherwise, the Buyer is deemed to have accepted the defects in the goods, and no account will be taken of any later complaint. Where the goods are delivered by a carrier, such a Buyer must additionally check the condition of the consignment and, if the transport packaging is obviously damaged, draw up a record of the condition of the consignment with the carrier and refuse to take receipt of the consignment. If the Buyer nevertheless takes receipt of the goods with damaged transport packaging, such a Buyer is deemed to have accepted all defects in the goods delivered, and no account will be taken of any later complaint.
The Buyer must give notice of any other defects in the goods delivered within five days of the day on which, acting with the care of a prudent manager, they should and could have discovered them, within the guarantee period referred to above.
If damage to the subject of performance is discovered on receipt, the Buyer is obliged to keep the outer packaging and not to tear off any markings, labels, inner packaging or inner padding from it (until the complaint procedure has concluded); the Buyer must document everything, documentation being understood to mean the taking of photographs of the outer packaging.
The Buyer is not entitled to reimbursement of the costs reasonably incurred in connection with claiming defects, even where the complaint is recognised as well-founded. Where the claiming of defects is unfounded, the Buyer must reimburse the Seller for the costs the Seller had to incur in connection with such a complaint by the Buyer.
The Buyer expressly acknowledges that the Seller excludes liability for harm (with the exception of harm caused to a person's natural rights, or caused intentionally or by gross negligence) that may arise to the Buyer on the basis of the Purchase Contract concluded with the Seller.
Dispute Resolution
Where the Seller rejects a complaint as unjustified, the Buyer – or, by agreement with the Seller, both parties – may turn to a court-appointed expert in the relevant field and request an independent expert assessment of the defect.
If no agreement is reached between the Buyer and the Seller, the Buyer may turn to the existing systems for the out-of-court resolution of consumer disputes, or to the competent court. In such a case, the Buyer-consumer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority. More information about out-of-court dispute resolution can be found by the Seller [sic] on the website of the Czech Trade Inspection Authority here: https://www.coi.cz/informace-o-adr/
The Seller handles the out-of-court resolution of consumer complaints by means of the email address given in the heading. The Seller will send information about the handling of the Buyer's complaint to the Buyer's email address.
In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
The body competent for the out-of-court resolution of consumer disputes arising from the Purchase Contract is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Praha 1, Email: adr@coi.cz, web: https://adr.coi.cz/cs.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21/05/2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
The Buyer may turn with a complaint to a supervisory or state-oversight authority. The Seller is authorised to sell goods on the basis of a trade licence. Trade-licensing supervision is carried out, within its remit, by the competent trade-licensing office. Supervision of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, to a defined extent and among other things, supervision of compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
Delivery
Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other contracting party in writing, namely by email, in person or by registered post through a postal services operator (at the sender's choice). Correspondence is delivered to the Buyer at the email address provided by the Buyer.
A message is delivered:
in the case of delivery by email, at the moment of its receipt, where such receipt is electronically confirmed to the sender by the addressee;
in the case of delivery in person or through a postal services operator, the message is deemed delivered no later than on the third working day after dispatch, including in the event of refusal to take receipt of the consignment, where the addressee (or a person authorised to take receipt of the consignment on their behalf) refuses to take receipt of it;
by SMS, at the moment the addressee's confirmation of receipt of the message is delivered to the sender's telephone;
by data box, at the moment the authorised person logs into the data box, but no later than on the tenth day after delivery to the data box of the other contracting party.
In addition, beyond the above, the Seller is expressly entitled to carry out acts relating to the rights and obligations under the Purchase Contract by means of a voice telephone call with the Buyer, provided that the Buyer expressly consents to this in the case of each such act.
SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES
The Buyer consents to the sending of information relating to the goods, services or business of the Seller to the Buyer's email address, and of SMS messages to the Buyer's telephone number, and further consents to the sending of commercial communications by the Seller to the Buyer's email address.
The Buyer consents to the storage of so-called cookies on their computer. Where it is possible to make a purchase on the website and for the Seller to fulfil its obligations under the Purchase Contract without cookies being stored on the Buyer's computer, the Buyer may withdraw the consent under the preceding sentence at any time.
All materials published on the web interface are protected by copyright law. The products and services presented on the web interface, the information about them and their depiction may also be protected by other rights of the persons concerned (in particular manufacturers, distributors and suppliers). The names and designations of products, services, firms and companies may be registered trade marks of the respective owners. No part of the web interface (in particular the descriptions and depictions of the products sold, the guide to selecting a suitable product, the breakdown of product categories and parameters, and advice and tips for customers) may be copied by electronic or mechanical means and made available to the public without the prior written consent of the copyright holder. In particular, the use, whether free of charge or for payment, of the photographs and texts placed on the web interface is prohibited.
Assignment and Set-off of Receivables
The Buyer may not, without the Seller's prior written consent, assign or pledge to a third party any claim against the Seller arising on the basis of this Purchase Contract.
The Buyer may not set off a claim it has against the Seller against a claim the Seller has against the Buyer.
Where the Buyer does not purchase the goods in connection with the subject of their business activity or in the course of the independent exercise of their profession, the provisions of this entire Article do not apply.
Termination of the Purchase Contract
The Purchase Contract may be terminated only by performance, by agreement of the parties or by withdrawal from the Purchase Contract.
The contracting parties regard the following breaches of the Buyer's obligations, in particular, as a material breach of this Purchase Contract giving grounds for withdrawal from the Purchase Contract, where the Buyer acts when concluding the Purchase Contract within the scope of their business activity in connection with the subject of their business, or in the course of the independent exercise of their profession:
any delay by the Buyer in taking receipt of the goods;
any delay by the Buyer in paying the purchase price.
WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE SELLER
In addition to the above, the Seller has the right to withdraw from the Purchase Contract in the following cases:
the goods cannot, for objective reasons (in particular because the goods are no longer manufactured, the supplier has ceased supplying to the Czech Republic, etc.), be supplied on the original terms, in particular at the original price;
performance becomes objectively impossible or unlawful.
Where, on the Buyer's [sic] side, a wholly obvious technical error occurred in stating the price of the goods in the web interface referred to above or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at such a wholly obviously erroneous price, even where acceptance of the order was sent to the Buyer in accordance with these Terms. In such a case, the Seller has the right to withdraw from the Purchase Contract.
INFORMATION ON PROCESSING OF PERSONAL DATA
By concluding the Purchase Contract, the Data Subject hereby grants the Seller (hereinafter the "company"), as the Controller of personal data, consent to the processing of their personal data, on the conditions set out below. The company takes care to protect your personal data in accordance with the applicable and effective legislation, which since 25/05/2018 has consisted in particular of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the "Regulation") and Act No. 101/2000 Coll., the Act on the Protection of Personal Data and on amendments to certain acts. The company operates the website at the address given in the heading (hereinafter the "Portal"), through which it sells its goods. These principles apply to all personal data processed by the company on the basis of performance of a contractual relationship, a legal obligation, a legitimate interest or consent granted, by means of the Portal described above. These principles describe the ways in which personal data are used and protected by the company. The Controller of personal data within the meaning of Article 4(7) of the Regulation is the business company named above in the heading.
Personal data will be processed in electronic form by automated means or in printed form by non-automated means.
The Buyer confirms that the personal data provided are accurate and that they have been informed that the provision of personal data is voluntary.
The personal data to be processed: first name and surname, postal address, delivery address, billing address, Company ID No., Tax ID No., email address and telephone contact. As part of the complaint procedure, the following data are required from customers: first name, surname, address, telephone number, email and signature (in the case of a complaint made in person). All personal data obtained in this way are processed solely for the purpose necessary for handling the complaint.
The purpose of processing personal data is the sale of goods in the online shop or at the Seller's premises, registration in the Seller's online shop, pre-contractual negotiations, administration of the user account, responding to an enquiry in the enquiry form, the provision of personalised advertising and sponsored content, and the sending of promotional information to Data Subjects on the basis of the Seller's legitimate interest.
The Buyer's personal data are processed in accordance with Article 6(1)(b) of the Regulation – the provision of personal data being a necessary requirement for the performance of the Purchase Contract or for taking measures adopted before the conclusion of the Purchase Contract at the request of the data subject. Without the provision of personal data, it is not possible to conduct pre-contractual negotiations, to conclude the Purchase Contract or for the company to perform it.
The Buyer acknowledges that, in order to improve satisfaction with the purchase, the Seller carries out surveys by means of email questionnaires under the Verified by Customers (Ověřeno zákazníky) programme, in which the e-shop participates. These are sent to the Buyer after each purchase of goods, unless the Buyer, within the meaning of Section 7(3) of Act No. 480/2004 Coll., on certain information society services, refuses to receive them. The Seller carries out the processing of personal data for the purpose of sending questionnaires under the Verified by Customers programme on the basis of a legitimate interest, which consists in ascertaining buyers' satisfaction with their purchase. For the sending of questionnaires, the evaluation of feedback and analyses of the Seller's market position, the Seller uses a processor, namely the operator of the Heureka.cz portal; for these purposes it may pass to that operator information about the goods purchased and the Buyer's email address. he Buyer's personal data are not, when email questionnaires are sent, passed to any third party for that third party's own purposes. The Buyer may object at any time to the sending of email questionnaires under the Verified by Customers programme by declining further questionnaires by means of the link in the email containing the questionnaire. In the event of the Buyer's objection or refusal, the questionnaire will no longer be sent to them by the Seller.
The processing of personal data is carried out by the Controller; however, the personal data may also be processed for the Controller by the following processors: suppliers, advisers, carriers and other service providers who participate in the sale and delivery of the goods, the handling of complaints and the execution of payments; affiliated companies – companies owned or controlled by the company; law enforcement – upon a request from state authorities, or in protecting customers; and, where applicable, other providers of processing software, services and applications, which, however, the Controller does not currently use.
With the prior express consent of the Data Subject, the Processor may record telephone calls and process recordings of telephone calls on the customer line, in particular for the purpose of negotiating the conclusion of the Purchase Contract, proposals to amend contractual arrangements, supplementary information to ensure performance of the Purchase Contract, improving the quality of services, the claiming of defects and the like. The Data Subject expresses consent to the recording and processing of telephone calls by continuing the call after the operator's announcement that the call will be recorded. If the Data Subject does not wish to be recorded, they are entitled, following the announcement that the call is being recorded, to hang up and use another of the communication channels.
The Controller hereby, in accordance with Article 13 of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27/04/2016, the General Data Protection Regulation (hereinafter the "Regulation"), informs the Data Subject that:
the Data Subject's personal data will be processed on the basis of their freely given consent, on the conditions set out above,
the reason for the provision of the Data Subject's personal data is, in addition to the above, the Data Subject's interest in receiving commercial offers from the Controller, which would not be possible without the provision of these data,
in processing the Data Subject's personal data, no automated decision-making or profiling will take place
the Controller has not appointed a data protection officer, nor designated a representative for the fulfilment of obligations within the meaning of the Regulation,
the Controller does not intend to transfer the Data Subject's personal data to a third country, an international organisation or to third parties other than those mentioned above,
the Data Subject has the right to obtain information as to whether their data are being processed; the right to rectification of personal data; the right to request […]; the right to restriction of the processing of personal data; the right to erasure of personal data; the right to object to the processing of personal data; the right to data portability; the right to withdraw consent to the processing of personal data at any time; and the right to lodge a complaint with the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7.
VERIFIED BY CUSTOMERS
We ascertain the Buyer's satisfaction with their purchase by means of email questionnaires under the Verified by Customers programme, in which our e-shop participates. We send these to the Buyer each time they make a purchase with us, unless, within the meaning of Section 7(3) of Act No. 480/2004 Coll., on certain information society services, they refuse to receive them. We carry out the processing of personal data for the purpose of sending questionnaires under the Verified by Customers programme on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analysing our market position, we use a processor, namely the operator of the Heureka.cz portal; for these purposes we may pass to it information about the goods purchased and your email address. Your personal data are not, when email questionnaires are sent, passed to any third party for that third party's own purposes. You may object at any time to the sending of email questionnaires under the Verified by Customers programme by declining further questionnaires by means of the link in the email containing the questionnaire. In the event of your objection, we will no longer send you the questionnaire.
PROTECTION OF COPYRIGHT
The content of the website placed on the web interface (texts, photographs, images, logos and the like), including the software of the web interface and these Terms, is protected by copyright and may be protected by other rights of other persons. The user may not alter, copy, reproduce, distribute or use its content for any purpose without the consent of the Seller or the copyright holder. In particular, the making available, whether free of charge or for payment, of the photographs and texts placed on the web interface is prohibited.
The names and designations of products, goods, services, firms and companies may be registered trade marks of the respective owners.
As the copyright holder, the Seller has, in particular, the right to demand that infringements of its copyright cease, and to require the withdrawal of unauthorised copies of the protected content.
The Seller further has the right to require reasonable satisfaction for the harm caused.
Final Provisions
If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law under the preceding sentence does not deprive a Buyer who is a consumer of the protection afforded to them by provisions of the legal order from which it is not possible to derogate by contract and which would otherwise apply, in the absence of a choice of law, under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17/06/2008 on the law applicable to contractual obligations (Rome I).
These Terms take effect on the day of their publication and, in the relevant wording, are decisive for all orders placed on that day and later. The Seller reserves the right to amend these Terms. The new wording of the Terms will be published on the Seller's website. On the day of their publication, the validity of the previous Terms ceases; this, however, does not affect Purchase Contracts concluded under the previous wording of the Terms (see the first sentence of this paragraph).
Special arrangements made with the customer in the Purchase Contract prevail over any provisions of these Terms that would conflict with them.
Within the meaning of Act No. 185/2001 Coll., on Waste, as in force, the Seller provides for the free take-back of electrical appliances, without any need to purchase new electrical equipment, in the context of online sales at the place of delivery (in compliance with Section 37k(4)(a) of the Waste Act).
If any provision of the Terms is or becomes invalid or ineffective, a provision whose meaning approximates as closely as possible to that of the invalid provision will take the place of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
The Purchase Contract, including the Terms, is archived by the Seller in electronic form and is not accessible.
An annex to the Terms is the model form for withdrawal from the Purchase Contract.
The Seller's contact details are given in the heading of these Terms.
In Slavičín, on 1 November 2025
HOPA CZ, s.r.o.