Terms and conditions of h2world.store for entrepreneurs
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 for the sale of goods through the on-line shop located at the Internet address h2world.store
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 address https://www.h2world.store/ (hereinafter referred to as the "Website"), through a web interface (hereinafter referred to as the "Shop Web Interface").
1.2 These Terms and Conditions apply where the person intending to purchase goods from the Seller is a legal person or a person who is acting in the course of his or her business or profession when ordering goods.These Terms and Conditions do not apply to contracts concluded with consumers, but the Consumer Terms and Conditions do.
1.3 According to Section 420 of the Civil Code, an entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility by means of a trade or similar activity with the intention of doing so consistently for the purpose of making a profit. For the purposes of consumer protection and for the purposes of Section 1963 of the Civil Code, any person who enters into contracts in connection with his own business, manufacturing or similar activity or in the independent exercise of his profession, or who acts in the name or on behalf of an entrepreneur, shall also be regarded as an entrepreneur.
1.4 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 Terms and Conditions.
1.5 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.
1.6 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.
- 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 Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 4 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 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.
- 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, 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 in 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. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within 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 Buyer is obliged to prove that he is a business by entering a valid identification number in the order, reading 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), the Seller is always entitled to 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 Buying Business Buyer purchases the Goods from the Seller for its own use and consumption and not for resale. In the event that the Buyer intends to sell the goods to other entities, the Buyer Entrepreneur shall enter into a separate distribution agreement with the Seller Entrepreneur where the terms of distribution shall be agreed. For this purpose, the buyer can contact the seller by email at info@H2world.world and in the subject line please indicate distributor cooperation. It is the Seller's business concept that its products will only be offered and sold by verified and contracted distributors who will have a distributor agreement in place and negotiated individual terms and conditions tailored to them.
3.13. In the event that the Seller violates Article 3.12 of these GTC and will publicly offer, sell or otherwise distribute the goods purchased from the Seller to other entities without the consent of the Seller, the Seller is entitled to withdraw from the purchase contract for the goods without undue delay, where the effects of withdrawal occur upon delivery to the Buyer. At the same time, the Seller shall be entitled to demand from the Buyer a contractual penalty of two hundred and fifty thousand Czech crowns for each breach of such obligation. The contractual penalty shall be payable within 7 days upon the Seller's demand addressed to the Buyer. The Seller's right to compensation for damages is not affected by this agreement.
- Price of goods and payment terms
4.1 The price for services and products shall be the price quoted on the website, unless otherwise agreed by the parties.
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 No. 2001660042/2010, maintained at Fio banka a.s. (hereinafter referred to as the "Seller's account");
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 The Seller may require the Buyer to make a deposit of the Goods.
4.5 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.
4.6 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of 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.
4.7 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.
4.8 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.9 The Seller shall also issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer and send it in electronic form to the Buyer's electronic address.
- Withdrawal from the contract
5.1 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this case, the Seller shall refund the Purchase Price already paid by the Buyer to the Buyer, without cash, to the account communicated to him for this purpose by the Buyer or to the account from which the funds were transferred for payment of the Purchase Price (unless the Buyer does not communicate any within 5 days of withdrawal to the Seller).
5.3 The Buyer shall not be entitled to withdraw from the contract in respect of goods that have been delivered properly, on time and without defects. The buyer is entitled to withdraw from the contract only on the basis of the provisions of the Civil Code.
5.4 Withdrawal from the contract must be made in writing and, in the case of contracts negotiated electronically, also electronically. Withdrawal from the contract is effective upon delivery of the notice of withdrawal to the other party.
5.5 If a gift has been provided together with the goods, the gift contract shall cease to be effective upon withdrawal by either party. In this case, the gift contract is concluded with a condition precedent.
5.6 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. prices 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.
- Transport and delivery of goods
6.1 In the event that the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 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.
6.3.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 another method of delivery.
6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. If the customer discovers damage or other irregularities after receipt of the shipment, he is obliged to contact the seller immediately.
6.5 Further 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.
- Liability for defects and warranty
7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2112 of the Civil Code).
7.2 The Seller shall hand over the object of purchase to the Buyer in the agreed quantity, quality and design. If the quality and design are not agreed, the seller shall perform in a quality and design suitable for the purpose evident from the contract; otherwise for the usual purpose.
7.3 The debtor performs defectively, in particular
- (a) if it provides an object of performance which does not have the specified or agreed characteristics,
- (b) if he fails to point out defects in the object of performance which are not normally found in such an object,
- (c) if he assures the creditor, contrary to the facts, that the object of performance is free from defects or that the object is fit for a particular use; or
- (d) if he or she wrongfully disposes of another's property as his or her own.
7.4 A thing is defective if it does not have the characteristics set out in § 2095 and § 2096 of the Civil Code. The performance of another thing shall also be considered a defect. Defects in the documents necessary for the use of the thing shall also be deemed to be a defect. If it is apparent from the seller's declaration or the handover document that the seller has delivered a smaller quantity of goods, the provisions on defects shall not apply to the missing goods.
7.5 The Buyer's right from defective performance is based on the defect that the item has when the risk of damage passes to the Buyer, even if it becomes apparent later. The buyer's right shall also be established by a defect arising later which the seller has caused by a breach of his duty.
7.6 The buyer has no rights from defective performance if it is a defect which he should have known with the exercise of ordinary care already at the conclusion of the contract, i.e. if it is an obvious defect. This does not apply if the seller has expressly assured him that the goods are free from defects or if he has disguised the defect by deceit.
7.7 The buyer shall inspect the item as soon as possible after the risk of damage to the item has passed and satisfy himself as to its characteristics and quantity.
7.8.The Buyer shall assert his/her rights from defective performance at the Seller's address of his/her business premises where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. For the purpose of quick and simple processing, we recommend the Buyer to use the claim form, which can be found on the website under the tab called claim form.
7.9.The Buyer must point out the defect to the Seller without undue delay after he has had the opportunity to inspect the item and discover the defect, either by marking the defect or by notifying the Seller how it manifests itself. The defect may be pointed out within six months of the acceptance of the object of performance.
7.10. If a party breaches the contract in a material way, the other party may withdraw from the contract without undue delay. A material breach is a breach of an obligation which the breaching party already knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach; in other cases, the breach is not deemed to be material.
7.11. If the defective performance is a material breach of contract, the buyer has the right to
- a) to remove the defect by supplying a new item without defect or by supplying the missing item,
- (b) to remedy the defect by repairing the item,
- (c) a reasonable discount on the purchase price; or
- d) withdraw from the contract.
7.12. The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the buyer does not choose his right according to the first sentence in time, the seller has the right to choose.
7.13.If the defective performance is an insignificant breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the buyer. If the seller fails or refuses to remedy the defect in time, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.
7.14. The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,
- a) if the change in condition is the result of an inspection to determine a defect in the item,
- b) if the buyer used the item before the defect was discovered,
- c) if the buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission, or
- (d) if the buyer sold the thing before the defect was discovered, if he consumed it or if he altered the thing in its normal use; if this happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent to which he benefited from the use of the thing.
7.15.If the buyer does not notify the defect in time, he loses the right to withdraw from the contract.
7.16.The Seller provides a warranty period of 12 months from the date of receipt of the goods, when the Buyer may exercise the rights from defective performance (claim the goods). The warranty does not apply to the following cases:
- a) in the case of an item sold for a lower price, the defect for which the lower price was agreed,
- b) in the case of a used item, a defect corresponding to the degree of use or wear and tear that the item had when it was taken over by the buyer,
- c) the goods have been damaged by normal wear and tear.
7.17. The warranty period begins upon receipt of the goods by the customer, and this period is further extended, if applicable, by the time the goods have been under warranty repair.
7.18. The Buyer is obliged to inspect the delivered goods and to inform the Seller without undue delay about any defects found, at the e-mail address of the Seller: firstname.lastname@example.org, by post to the address of the Seller's registered office or to the address of one of the Seller's premises or in person at the address of the Seller's registered office.
7.19. The goods must then be sent or delivered 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 the goods from the Seller (e.g. bank statement, receipt of the shipment from the carrier, etc.), to the address specified in Article 7.18 of the Terms and Conditions.
7.20. Upon receipt of the complaint, the Seller shall proceed to its settlement. The Seller is obliged to issue the Buyer with a confirmation of when the Buyer exercised the right, what is the content of the complaint, within a period of time appropriate to the nature of the alleged defect, with a minimum of 30 days for processing the complaint.
7.21. Beyond the scope of the statutory rights of defective performance set out in this Article, the Seller may provide the Buyer with a guarantee of quality pursuant to Section 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.
- 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.
8.2 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8.3. The Seller is the operator of the web interface of the shop, who exercises all property rights of the author within the meaning of Act No. 121/2000 Coll., Copyright Act. The Buyer acknowledges that it is prohibited 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 (including but not limited to descriptions and illustrations of products sold, purchase descriptions, quotes from our experts) 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 copyright law or, where applicable, claims for unfair competition in the event of infringement by a competitor.
- 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.
- 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.
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.
- 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.
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.Contact details of the Seller: delivery address Muglinovská 154/73, Muglinov, 712 00 Ostrava, e-mail address email@example.com, telephone number: +420 777 724 726.
12.4 Other contractual relations between the Seller and the Buyer are governed by Act No. 89/2012 Coll., the Civil Code, specifically by the general provisions on obligations. The regulation of the provisions on obligations under contracts concluded with consumers set out in Section 1810 an. 2158an. Civil Code.
12.5 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.
12.6 All legal relations between the Parties shall be governed by Czech law. These terms and conditions shall take effect on 31.8.2023