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Business terms and conditions

Terms and conditions of h2world.store for consumers

the business company H2 WORLD HEALTH & BEAUTY COMPANY s.r.o., ID: 01907565 VAT: CZ 01907565, with its registered office in the Czech Republic, Muglinovská 154/73, Muglinov, 712 00 Ostrava, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 71464 for the sale of goods through the on-line store located at the Internet address h2world.store.

  1. Introductory provisions

1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions" or "T&C") of H2 WORLD HEALTH & BEAUTY COMPANY s.r.o., ID: 01907565 TAX ID: CZ 01907565, with its registered office in the Czech Republic, Muglinovská 154/73, Muglinov, 712 00 Ostrava, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, insert 71464 (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the internet addresshttps://www.h2world.store/ (hereinafter referred to as the "Website"), through a web interface (hereinafter referred to as the "web interface of the shop").

1.2 The Terms and Conditions do not apply where the person intending to purchase the goods from the Seller is a legal person or a person acting in the course of ordering the goods in the course of his business or in the course of his independent exercise of his profession. These sellers are subject to the h2world.store Business Terms and Conditions.

1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms.

1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in a language other than Czech.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. On the date of publication of the new T&C, the validity of the previous T&C is cancelled, but this does not affect the purchase contracts concluded under the previous version of the T&C.

 

2.User account

2.1 Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.

2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

2.4.The Seller may cancel the user account, especially in the event that the Buyer does not use his/her user account for more than 4 years or in the event that the Buyer violates his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.5 The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third party hardware and software equipment.

 

  1. Conclusion of the purchase contract

3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Thus, the provisions of Section 1732(2) of the Civil Code governing the rebuttable presumption that the seller's proposal to conclude a contract is a proposal subject to the exhaustion of stock or loss of business capacity shall not apply.

3.2 The web interface of the shop contains information about the goods, the characteristics of the goods to the extent appropriate to the means of distance communication used and the nature of the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods, including the delivery time. The information on the costs associated with the packaging and delivery of the goods, including the delivery time, provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

  • 3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
  • 3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
  • 3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5 Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Send order binding payment" button. The information provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.6 Sending an order is considered to be such an act of the buyer, which identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price in an unquestionable way and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions.

3.7 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs, delivery time), the Seller may ask the Buyer for additional order confirmation (for example, in writing or by telephone).

3.8. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's electronic mail address, which was specified in the order.

3.9 In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send the Buyer an amended offer to the Buyer's e-mail address indicating the possible variants of the order and requesting the Buyer's opinion.

3.10. The amended offer shall be considered a new proposal of the purchase contract and the purchase contract shall be concluded in such a case only upon acceptance by the buyer via e-mail.

3.11. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the Buyer himself, the Seller shall not charge any additional fees, this does not apply to any contractual transport.

3.12. The Parties acknowledge that the Buyer purchases the Goods from the Seller for his own use and consumption and not for the purpose of resale. In the event that the Buyer intends to offer, sell or otherwise distribute the Goods to others, the Buyer shall enter into a separate distribution agreement with the Seller, which shall set out the terms and conditions of distribution. For this purpose, the Buyer may contact the Seller by email at info@H2world.world and please indicate in the subject line distributor cooperation.

 

  1. Price of goods payment terms, discount on the purchase price

4.1 The price for services and products is the price quoted on the website, unless the parties agree otherwise.

4.2 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

  • cash on delivery at the place specified by the buyer in the order;
  • by wire transfer to the Seller's account 2001660042/2010, maintained at Fio banka a.s. (hereinafter referred to as the "Seller's account");
  • by means of a loan from ESSOX s.r.o., ID: 26764652 (see Article 4.11. of the Terms and Conditions)

4.3 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.4 In the event that the goods are on discount, the Seller shall inform the Buyer of the lowest price of the product at which the Seller offered and sold it within the thirty (30) days prior to the discount on the purchase price itself. In the event that the product has been offered and sold for less than 30 days, the Seller shall inform the Buyer of the lowest price of the product up to the time the discount is granted. If the seller increases the price of the purchase price gradually, the seller shall inform the buyer of the amount of the lowest purchase price within 30 days before the first discount on the purchase price is granted. Such lowest price under this clause shall mean the original price (typically depicted as crossed out on the website as part of the discount information). The calculation of the original price does not take into account individual price advantages and price advantages that are not directly included in the actual selling price of the goods in question (i.e. not provided automatically and across the board, such as discount codes).

4.5 The Seller will issue an advance invoice to the Buyer, which will be sent to the Buyer's e-mail address after the confirmation of the acceptance of the order. Once the purchase price has been paid, the Seller will send the Buyer a final invoice for the ordered goods together with the goods.

4.6 In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days (fourteen days) of the conclusion of the purchase contract.

4.7 In case of non-cash payment, the buyer should pay the purchase price of the goods together with the variable symbol of the payment. Otherwise, it will be difficult for the seller to match the payment with the order, which may affect the delivery time. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

4.8 The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.7), to demand payment of the full purchase price before the goods are sent to the Buyer. In this case, the provisions of Section 2119 (1) of the Civil Code shall not apply.

4.9 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.10. If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and shall be sent in electronic form to the Buyer's electronic address and in the case of payment of the purchase price only upon receipt of the goods, the invoice shall be included in the packaged goods or shall be sent to the Buyer's electronic address from which the Buyer placed the order.

4.11. payment of the purchase price through consumer credit ESSOX s.r.o.

Payment by credit from ESSOX s.r.o. For more information about payment by instalments click here.

Installment Purchase Procedure

  • Place the selected goods in the basket. You can also buy more products at the same time - do not forget the necessary accessories for the purchased goods, etc.

 

  • Check your order in the cart, go to the payment method and select the ESSOX hire purchase option. Select the form of transport according to the options offered and complete the order.

4.11.3. In the next step you will be redirected to the ESSOX s.r.o. web application (usually by clicking on the ESSOX link or logo).

4.11.4. You will complete an online credit application. When completing the form, you will choose the method of signing the contract (online SMS or handwritten signature of the paper contract - "signature by courier").

  1. In order to properly sign the contract using SMS codes, you must be the owner of the account specified in the loan application. You will be asked to provide proof of ownership of the bank account listed when completing the form.
  2. If you choose SMS signature, you must have one of these other personal documents (driving licence, passport or firearms licence).
  3. If you do not have one of these personal documents or you are not the owner of a bank account in your name, then choose to sign a paper contract - "signature by courier".
  4. You then send the application for processing.
    • Once you have submitted your request, you will see the result of your request. You will also receive the same information by email.
    • If your application is successful, you will complete the process as instructed on the screen or in the email.

 

  1. In case of SMS signature we will send you 2 SMS codes. The first will confirm that you will sign the contract using the SMS code. You will then view and confirm all documents that are marked "View and confirm". You will sign the loan agreement after confirming that the information in the agreement is correct using the SMS code you have been sent. A total of two SMS codes must be entered to successfully sign the contract.
  2. If you choose a Paper Contract with courier signature, download the contract documentation and read it. The courier company will contact you and arrange a time to come to you with the contract documentation. They will do the identification and you will sign the contract. They will keep one copy of the contract for you and forward one copy together with the identification form to ESSOX.

 

  • After the contract is signed and delivered to the loan provider ESSOX s.r.o., it is checked. ESSOX immediately informs the seller to dispatch the goods to you.
  • The seller sends you the goods and collects from you any direct payment (if you have chosen it), most often by cash on delivery.

Benefits of SMS signature

  • You can arrange everything from the comfort of your home (no need to wait for a courier with the contract)
  • Signing the contract by SMS is absolutely FREE
  • Saving time, speed of processing your order and repayments within hours
  • You don't need to print anything
  • Easy handling
  • Greener for the environment (no more unnecessary paperwork)

 

  1. Withdrawal and exchange

5.1 The Buyer is entitled to withdraw from the Contract if the Seller is in default in the provision of services or goods under the conditions set out in clause 6.5 of the GTC.

5.2 The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the contract

  1. (a) for the provision of services, if they have been provided in full; in the case of a performance for consideration, only if the performance has begun with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that the provision of the performance extinguishes the right to withdraw from the contract,
  2. (b) the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the entrepreneur's will and which may occur during the withdrawal period,
  3. (c) for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, with the proviso that delivery can only be made after a period of thirty days, and the actual value of which depends on market fluctuations independent of the entrepreneur's will,
  4. (d) the supply of goods made to the consumer's requirements or adapted to his personal needs,
  5. (e) the delivery of perishable or short-lived goods or goods which, by their nature, have been irretrievably mixed with other goods after delivery,
  6. (f) for urgent repairs or maintenance to be carried out at a place designated by the consumer at his express request; however, this shall not apply to the carrying out of repairs other than those requested or the supply of goods other than spare parts necessary for the carrying out of the repairs or maintenance,
  7. (g) the supply of goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after having been breached by the consumer,
  8. (h) for accommodation, carriage of goods, hire of means of transport, meals or leisure, if the contract is to be performed on a specific date or within a specific period,

5.3 Unless it is a case referred to in Article 5.2 or another case provided for in Section 1837 of the Civil Code, where the Purchase Agreement cannot be withdrawn from, the Purchaser has the right to withdraw from the Purchase Agreement without giving reasons within fourteen (14) days in accordance with Section 1829 (1) and (2) of the Civil Code.

5.4 If the subject of the commitment is the purchase of goods, the 14-day withdrawal period shall end on the expiry of 14 days from the date on which the consumer or a third party appointed by the consumer

  1. from the carrier, we will take the goods,
  2. or takes delivery of the last piece of goods, if the consumer orders several pieces of goods in one order, which are delivered separately,
  3. does not accept the last item or part of a delivery of goods consisting of several items or parts,
  4. or takes delivery of the first delivery of the goods if the contract provides for regular delivery of the goods for an agreed period of time.

The notice of withdrawal from the Purchase Contract must be sent to the Seller within the period specified in clause 5.4.

5.5.The Buyer may withdraw from the Contract by any unequivocal statement made to the Seller. For the purpose of faster processing, we recommend that the withdrawal be sent in writing to the address of the registered office or business premises or via electronic email communication to info@H2world.world.  Withdrawal from the contract is effective on the date of delivery of the notice of withdrawal to the other party.

5.6 In the event of withdrawal from the Purchase Contract pursuant to Article 5.3 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. In this case, the Buyer shall send or hand over to the Seller the goods received from the Seller, without undue proof, no later than fourteen (14) days after the withdrawal. The time limit is maintained if the Buyer sends the goods back to the Seller before the expiry of the time limit in the previous sentence.

5.7.If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.

5.8.In the event of withdrawal from the contract pursuant to Article 5.3 of the Terms and Conditions, the Seller shall return to the Buyer all funds including delivery costs received from the Buyer without undue delay, no later than within fourteen (14) days of withdrawal from the Purchase Contract, in the same manner as the Seller received them from the Buyer.The Seller shall return the delivery costs to the Buyer in the amount corresponding to the cheapest method of delivery offered. The Seller shall also be entitled to return the performance provided by the Buyer when the goods are returned by the Buyer or in another way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the contract of sale, the Seller is not obliged to return the funds received to the Buyer until the Buyer has received the goods from the Buyer or the Buyer has proved that he has sent the goods back, whichever is earlier.

5.9 If the Buyer withdraws from the Contract, the obligations from all secondary contracts shall automatically terminate at the same time as the obligation from the main contract at no cost to the Buyer, except for the costs stipulated by law pursuant to Section 1836a of the Civil Code. An ancillary contract means a contract the subject matter of which is a performance related to the performance provided under the main contract and that performance is provided by the seller or by a third party pursuant to an agreement between that party and the seller.

5.10. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

5.11. The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In such case, the Seller shall return the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer or in another agreed manner.

5.12. In case of withdrawal from the contract, the Buyer should return the goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, including the original packaging if possible, in the condition and value in which the goods were received.The Buyer is only liable for any reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to familiarize him with the nature, characteristics and functionality of the goods.

5.13.To withdraw from the contract, the Buyer may use the following withdrawal form, which is also an annex to these Terms and Conditions:

 

- Addressee company H2 WORLD HEALTH & BEAUTY COMPANY s.r.o., ID: 01907565, with registered office in the Czech Republic, Muglinovská 154/73, Muglinov, 712 00 Ostrava

-I/we hereby withdraw from the contract of purchase of these goods_______________________

- Date ordered ___________/date received___________ goods

- Name and surname of the consumer(s) ____________________ who withdraw from the purchase contract

- Address of consumer(s)______________________

- Signature of consumer(s)____________________ (only if this form is sent in paper form)

- reason for withdrawal (not necessary to fill in) ___________________________

- Date ___________________

5.14. If the Buyer uses the withdrawal form referred to in the preceding clause, the Seller shall acknowledge receipt of such form in text form to the Buyer without undue delay, not later than seven (7) days from the date of delivery of the notice of withdrawal.

5.15. The Buyer whose right has been affected by the unfair commercial practice may withdraw from the Purchase Contract within 90 days from the date of conclusion of the Purchase Contract or may demand a reasonable reduction in the price to the extent appropriate to the nature and seriousness of the unfair commercial practice. The issue of unfair commercial practices is then further regulated by the Consumer Protection Act.

5.16. The Seller shall be entitled to withdraw from the contract concluded with the Buyer within 14 days from the date of receipt of the Buyer's order if: i) the goods are no longer manufactured, ii) the goods are no longer delivered, iii) the price of the supplier of the goods or the price of the manufacturer of the goods has changed significantly, or iv) the goods are displayed on the Seller's website at an obviously erroneous price, (i.e. at a price obviously different from the usual price for this type/type of goods). If the buyer has already paid part or all of the purchase price, this amount will be refunded. An obvious error in the price of the goods is considered to be, for example, a misprint of the first three digits instead of four; a price that is one digit lower (e.g. one digit is "dropped" when the price is given); an obviously low price of the goods (e.g. a price that is 50% lower than the usual price for this type and type of goods, without indicating that the goods are on sale or on other discount); and other obvious typing errors, obvious errors in the description of the goods, picture, etc.

5.17. We always try to describe or photograph all products that we offer as a seller as well as possible. We are aware that it may still happen that the ordered product does not meet your expectations. That is why we offer an easy and quick exchange for other goods within 14 days of receipt of the shipment. Similar arrangements apply to the exchange of goods as for the withdrawal from the purchase contract. For a quick exchange of goods, we recommend contacting us by email info@H2world.world or by phone.

 

  1. Transport and delivery of goods

6.1 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.

6.2.In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.

6.3 Upon receipt of the goods from the carrier, the buyer is advised to check the integrity of the packaging of the goods and in the event of any defects to notify the carrier immediately. In the event that the packaging is found to have been tampered with, the Buyer is advised not to accept the shipment from the carrier. If the customer discovers damage or other irregularities after receipt of the shipment, the customer should contact the seller immediately so that the matter can be resolved promptly.

6.4 The ordered goods will be delivered to the Buyer according to the Seller's stock at the time specified for the specific goods offered. In the event that the time of dispatch or delivery is not specified for the offered goods, the Seller shall deliver the goods to the Buyer within thirty (30) days at the latest. If the Seller is in default in delivering the goods, the Buyer may withdraw from the Purchase Contract if the Seller fails to perform its obligation even within an additional reasonable period of time granted by the Buyer. The buyer may only withdraw from the contract without an additional period of time if the seller has refused to perform or if performance at the specified time is necessary in view of the circumstances at the conclusion of the contract or if the buyer has informed the seller before the conclusion of the contract that delivery at a certain time is necessary. The Seller shall reimburse the Buyer without undue delay after withdrawal from the Contract all monies paid by the Buyer under the Contract.

6.5 Where the Seller is to dispatch the Goods to the Buyer, the Goods shall be handed over to the Buyer at the time they are handed over by the carrier to the Buyer or a person nominated by the Buyer. If the carrier has been appointed by the Buyer without having been tendered by the Seller, the goods shall be handed over to the Buyer at the time when the Seller hands them over to that carrier. The buyer's rights against the carrier are not affected.

6.6 Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

 

  1. Liability for defects, claims and quality guarantee

7.1 The rights and obligations of the parties with regard to rights arising from defective performance shall be governed by the applicable generally binding regulations (in particular the relevant provisions of the Civil Code).

7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:

7.2.1. conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,          

7.2.2 it is suitable for the purpose for which the Buyer requires it and to which the Seller has agreed; and

7.2.3. is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.

The Seller is further liable to the Buyer that in addition to the agreed characteristics

7.2.4. the item is suitable for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of practice of the industry, if there are no technical standards,

7.2.5. the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind that the buyer can reasonably expect, also taking into account public statements made by the seller or another person in the same contractual chain, in particular advertising or labelling,

7.2.6. the item is delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect; and

7.2.7. the item corresponds in quality or workmanship to the sample or sample provided by the Seller to the Buyer before the conclusion of the contract.

7.3 The Seller is not bound by the public statement referred to in clause 7.2.5 if he proves that he was not aware of it or that it was modified at the time of the conclusion of the contract in at least a comparable manner to the way in which it was made or that it could not have influenced the purchase decision.

7.4 The provisions contained in clauses 7.2.4, 7.2.5, 7.2.6 and 7.2.7 shall not apply if the Seller has specifically notified the Buyer prior to the conclusion of the contract that a property of the item differs and the Buyer has expressly agreed to this when concluding the contract.

7.5 The Seller shall also be liable to the Buyer for any defect caused by improper assembly or installation, which was carried out by the Seller or under his responsibility according to the contract. This also applies if the assembly or installation was carried out by the Buyer and the defect is due to a deficiency in the instructions provided by the Seller.

7.6 The Buyer may complain about a defect that appears in the goods within two (2) years from the date of receipt of the goods, except for the purchase of used goods, for which it is possible to complain about a defect in the goods within one (1) year from the date of receipt of the goods. The buyer has no rights from defective performance in the following cases:

  1. a) the defect in the goods was caused by the buyer
  2. (b) in the case of a used item, a defect corresponding to the extent of its previous use
  3. c) the goods have been damaged by wear and tear caused by their normal use

7.7 The right of defective performance begins to run upon receipt of the goods by the customer, and this period is further extended by the period of time during which the buyer cannot use the goods, especially in the case when the goods are in the process of a claim. (In other words, the period of time from the time the complaint is made until the time of notification of its settlement is not included in the total period of the seller's statutory liability for defects or warranty period.)

7.8 If a defect becomes apparent within one year of receipt, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the time during which the buyer cannot use the goods, if he has rightly pointed out the defect.

7.9.The buyer has no rights from defective performance if the defect is one that he should have known with ordinary care at the time of conclusion of the contract (obvious defect).

7.10.If the goods are defective, the buyer may require the seller to remedy the defect, either

  1. delivery of new goods without defect or
  2. repair of goods

7.11.The choice of the method of removing the defect according to clause 7.10 is up to the buyer, unless the method chosen by him for removing the defect is impossible or unreasonably expensive compared to the other. Whether the removal of the defect is impossible or unreasonably costly shall be assessed in particular with regard to the significance of the defect, the value that the item would have had without the defect and whether the defect can be removed by the second method without significant difficulties for the buyer.

7.12. The Seller may refuse to remedy a defect in the goods if it is impossible or unreasonably costly to remedy the defect, particularly in view of the significance of the defect and the value the item would have without the defect.

7.13.If the goods are defective, the buyer may also demand a reasonable discount on the purchase price or withdraw from the purchase contract if

  1. the seller refused to remove the defect or did not remove it in accordance with the agreement in the previous point 7.10.,7.11.,7.12,
  2. the defect manifests itself repeatedly,
  3. the defect is a material breach of contract (A material breach of contract is a breach of an obligation of which the breaching party knew or should have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach), or
  4. it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

7.14. The reasonable discount according to clause 7.13 shall be determined as the difference between the value of the item without defect and the defective item received by the buyer.

7.15. The buyer cannot withdraw from the contract if the defect is insignificant.

7.16.If the buyer withdraws from the contract, the seller shall refund the purchase price to the buyer without undue delay after he receives the item or after the buyer proves that he has sent the item.

7.17. The Buyer may assert his/her rights from defective performance (claim for goods) by any unambiguous statement to the Seller, in particular to the Seller's e-mail address: info@H2world.world, by mail to the Seller's registered office or to the address of one of the Seller's establishments or in person at the address of the Seller's registered office or one of the Seller's establishments. For the purpose of quick and easy processing, we recommend the Buyer to use the online claim form, which can be found on the website under the tab called claim form.

7.18. The Seller is obliged to issue to the Consumer upon claiming a claim a written confirmation of when the Consumer exercised the right from the defective performance (date of claim), what is the content of the claim and what method of claim settlement the Consumer requires and the contact details of the Consumer for informing him/her about the claim settlement.

7.19. Complained goods must be sent or delivered to the Seller in suitable packaging to prevent possible damage to the goods, with a description of the defect and a copy of the sales document (invoice) or other document that can prove the purchase of goods from the Seller (e.g. bank statement, receipt of the shipment from the carrier, etc.), to the address of the registered office or one of the premises.

7.20. The moment when the Buyer has notified the Seller of the exercise of the rights arising from the defective performance shall be deemed to be the moment of the claim.

7.21. The Seller shall decide on the complaint immediately, in complex cases within three (3) working days. The time limit starts to run from the delivery of the goods to the Seller. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. The decision on the complaint means the issuance of a statement whether or not the seller considers the complaint justified and how the defect in the goods will be resolved, including the reasons.

7.22. The complaint, including the removal of the defect, must be settled without undue delay, no later than thirty (30) days from the date of the complaint, unless the Seller and the Consumer agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract. The settlement of the complaint shall mean the repair of the goods, or the replacement of the goods or the refund of funds when applying a discount on the purchase price or withdrawal from the contract. In the event that the complaint is not settled within thirty (30) days, the buyer may withdraw from the purchase contract or demand a reasonable discount.

7.23.The Seller is obliged to inform the Buyer about the settlement of the complaint. The Seller shall issue the Buyer with a written confirmation of the date and manner of settlement of the claim, including confirmation of the repair and the duration of the repair, or any other manner of settlement of the claim, including the reasons for any rejection of the claim.

7.24. If the claim is found to be justified, the buyer is entitled to reimbursement of the costs reasonably incurred in exercising his right. The Seller himself shall not provide replacement goods for the duration of the claim, unless the parties agree otherwise.

7.25. The Buyer acknowledges that he/she will provide the Seller with the necessary assistance in the handling of his/her claim in order to resolve the claim in a timely manner.

7.26. If the Buyer fails to take possession of the defective goods within a reasonable time after being notified by the Seller of the opportunity to take possession of the goods, the Seller may charge a storage charge at the normal rate.

7.27. Beyond the scope of the legal rights from defective performance specified in this article, the Seller may provide the Buyer with a guarantee for quality according to § 2113 of the Civil Code. A guarantee of quality is created by a declaration of the provider of the guarantee, where the provider guarantees that the item will retain its functions and performance for a certain period of time under normal use, in which case the buyer has at least the right under the guarantee to the delivery of a new item without defects or to the repair of the item. The indication of the guarantee period or the expiry date on the packaging also has these effects. In this case, the seller, as the provider of the guarantee, shall issue the buyer with a guarantee certificate in text form at the latest on receipt of the goods. The warranty certificate shall also include the free warranty service, if applicable.

 

  1. Other rights and obligations of the parties

8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods. The risk of damage to the goods passes upon receipt of the goods by the buyer.

8.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3.The operator of the web interface of the shop is the Seller, who exercises all the property rights of the author within the meaning of Act No. 121/2000 Coll., Copyright Act. The Buyer acknowledges that it is forbidden to copy, modify or otherwise use the web interface of the Shop or any part thereof in any way without the prior written consent of the Seller. No part of the Seller's website (in particular, descriptions and illustrations of products sold, purchase descriptions) may be copied electronically or mechanically and made available to the public without the prior written permission of the copyright holder, which is the Seller. The above prohibition applies not only to the Buyer, but to any other person who does not purchase any goods but copies the Seller's website or any part thereof.The Seller also informs persons that in the event of infringement they are entitled to claims under the Copyright Act or, where applicable, claims for unfair competition in the event of infringement by a competitor.

8.4.If the seller performs something for the buyer without an order and the buyer has taken possession, the buyer shall be regarded as an honest possessor. The buyer is not obliged to return anything to the seller at his own expense or to notify him of this. This does not apply to articles 5.10 and 5.11 of the GTC.

8.5.The Seller does not conclude contracts, the subject of which is repeated performance.

8.6 In the event that a consumer dispute arises between the Seller and the Buyer under a contract of sale or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes under the provisions of Section 14 of Act No. 634/1992 Coll., on Consumer Protection, which is:

 

Czech Trade Inspection Authority

Central Inspectorate - ADR Department

Štěpánská 15, 120 00 Prague 2

Email: adr@coi.cz

Website for submitting a request for out-of-court dispute resolution, including related information: http://adr.coi.cz

 

Consumers can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

 

8.7 Supervision over compliance with the obligations set out in the Consumer Protection Act and the Civil Code is carried out by the Czech Trade Inspection Authority, with the exception of supervision referred to in Sections 23a to 23c of the Consumer Protection Act, where supervision over compliance with selected obligations is carried out by another administrative body.

8.8 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.9.The Buyer may lodge a complaint against the Seller e.g. via the Seller's contact email info@h2world.world, in which case the Seller will send information about the handling of the complaint to the Buyer's email or the Buyer may also contact the supervisory or state supervision authority with a complaint.

8.10. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

8.11. Where the Seller provides access via its web interface to consumer reviews made by other Buyers who have actually used or purchased the product or service, the Seller hereby informs the Buyer that all such reviews are from Buyers who have actually purchased the goods from the Seller. The Seller shall only record verified reviews on its web interface as part of its review mechanism. Only a buyer who has created a user account with the Seller and has already placed and paid for an order for the product in question can post a review. He can do so by logging into his user account on the e-shop.

 

  1. Data protection and sending commercial communications

9.1.The Seller hereby informs the Buyer that in connection with the conclusion of the purchase contract for the goods, the Seller acts as the controller of the personal data provided to it or obtained in connection with the conclusion of the purchase contract, the Seller processes these personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council General Data Protection Regulation (GDPR), Act No. 110/2019 Coll. on the processing of personal data and other relevant legislation.

9.2 The Buyer acknowledges that the Controller processes personal data provided by the Buyer or personal data obtained by the Controller in connection with the fulfilment of the Buyer's order. In particular, this includes the following personal data: name and surname, residential address, delivery address, identification number, tax identification number, electronic mail address (e-mail), telephone number (hereinafter collectively referred to as "personal data").

9.3 The Buyer's personal data is processed for the purpose of fulfilling the contract. In the event that the Buyer establishes a user account with the Seller, the Buyer acknowledges that his/her personal data is also processed for the purpose of maintaining this account.

9.4.The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.

9.5 The Seller may delegate the processing of the Buyer's personal data to a third party, as a processor, for the purpose of fulfilling the Purchase Agreement (in particular the carrier) or to fulfil legal obligations (e.g. external accounting firm, etc.).

9.6 Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.

9.7 The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.

9.8 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Buyer confirms that he/she has been informed of his/her rights regarding the processing of his/her personal data and of the manner in which the Seller processes personal data. All rights that the Buyer has in relation to the processing of his personal data are set out in the Information on the processing of personal data on the website listed at www.h2world.store/zasady-ochrany-osobnich-udaju.

 

  1. Sending commercial communications, storing cookies

10.1 The Buyer is entitled to consent to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and to the sending of commercial communications by the Seller to the Buyer's electronic address. The Buyer may withdraw this consent at any time.

The Seller shall be entitled to send commercial communications to existing customers concerning the Seller's own or similar products or services on the basis of legitimate interest.

10.2 Cookies are small data files that are stored on the buyer's device. In some cases cookies are necessary otherwise the website would not function properly - these cookies cannot be restricted. If the buyer does not agree to the storage of necessary cookies, he/she is obliged to leave the website (e-shop). Further storage of cookies (advertising, analytical, advertising) is already optional, and the buyer is entitled to impose his own settings for storing cookies on his device. The buyer can change the cookie settings at any time by visiting the website https://www.h2world.store/ in the cookie settings tab at the bottom of the website.

 

  1. Delivery

11.1 The Buyer may be delivered to the e-mail address specified in his/her user account or specified by the Buyer in the order.

 

  1. Final provisions of the Terms and Conditions

12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form for at least 5 years from its conclusion, but no longer than for the period according to the relevant legal regulations, and is not accessible to third, non-interested parties.

12.4 The sample form for withdrawal from the Purchase Contract is an annex to the Terms and Conditions.

12.5 Contact details of the Seller: address for delivery Muglinovská 154/73, Muglinov, 712 00 Ostrava, e-mail address info@h2world.world, telephone number: +420 777 724 726.

12.6 Other contractual relations between the Seller and the Buyer are governed in particular by Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

12.7 All legal relations and any disputes between the Parties shall be governed by Czech law. The UN Convention on Contracts for the International Sale of Goods shall not apply in accordance with Article 6 of this Agreement.

12.8.These Terms and Conditions shall become effective upon publication, i.e. on 31.8.2023