Terms and conditions
These Commercial Terms and Conditions are issued by the operator of the online store, Green Network s.r.o., registered seat at Revoluční 1082/8, Nové Město, 110 00 Prague 1, ID number: 095 41 781, VAT number: CZ09541781 (hereinafter the “Operator”) for the purchase of goods through the online store located at the Internet address: https://www.hexapartners.com.
phone number: +420 775 067 965
1. INTRODUCTORY PROVISIONS
1.1. These Commercial Terms and Conditions, including the Complaints Procedure (hereinafter referred to as the “Commercial Terms and Conditions”) of the Operator (hereinafter referred to as the “seller”) regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the Seller and a natural person (hereinafter referred to as the “customer“) through the seller’s online store at https://www.hexapartners.com (hereinafter referred to as the “website“).
1.2. These Commercial Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal person or a person who acts when ordering goods in the course of their business or in the course of their profession.
1.3. Provisions deviating from these Commercial Terms and Conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these Commercial Terms and Conditions.
1.4. The provisions of the Commercial Terms and Conditions are an integral part of the purchase contract. The purchase contract and the Commercial Terms and Conditions are prepared depending on the language of the website selected by the customer in Czech, English or French. The purchase contract can be concluded in Czech, English or French.
1.5. The wording of the Commercial Terms and Conditions may be amended or supplemented by the seller. The seller informs customers about amendments or additions to these Commercial Terms and Conditions on the website, provided that the amended version of the Commercial Terms and Conditions takes effect on the day of its publication on the website. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Commercial Terms and Conditions.
1.6. All contractual relations are concluded in accordance with the laws of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code, and Act No. 634/1992 Coll., On Consumer Protection.
2. USER ACCOUNT
2.1. Based on the customer’s registration made on the website, the customer can access his user account. From his user account, the customer can order goods (hereinafter referred to as “user account“). The customer can also order goods without registration directly from the website.
2.2. When registering on the website and when ordering goods, the customer is obliged to state all data correctly and truthfully. The customer is obliged to update the data specified in the user account in the event of any change. The data provided by the customer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by the customer’s username / email address and password. The customer is obliged to maintain the confidentiality of the information necessary to access his user account. The customer is not entitled to allow the use of the user account by third parties
2.4. The seller may cancel the customer’s user account, especially if the customer has not used his user account for more than 2 years, or if the customer violates his obligations under the purchase contract (including Commercial Terms and Conditions).
2.5. The customer notes that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third-party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT.
3.1. On its website, the seller offers goods for purchase (including their prices), which the customer can purchase and have delivered. All presentation of goods placed on the website is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The website contains information about the goods, including the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of the offered goods are listed including value added tax and all related fees in Czech crowns and in case of English or French version of the website in Euros. The prices of the goods remain valid as long as they are displayed on the website. This provision does not limit the seller’s ability to enter into a purchase contract under individually agreed conditions.
3.3. The website also contains information on the costs associated with the packaging and delivery of goods.
3.4. The customer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the customer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the customer.
3.5. To order goods, the customer fills in the order form on the website. The order form contains in particular:
· List of ordered goods (the ordered goods are “inserted” by the customer into the electronic shopping cart on the website)
· Information on method of delivery of the ordered goods and costs associated with the delivery of goods,
· Identification and address data of the customer (name, surname, address, etc.), which the customer fills in if he has not yet set up a user account (i.e. is not registered)
(Hereinafter collectively referred to as “order“)
3.6. Before sending the order to the seller, the customer is allowed to check and change the data he provided in the order, even with regard to the customer’s ability to detect and correct errors made when entering data into the order. The customer sends the order to the seller by clicking on the “Order” button. The data listed in the order are deemed correct by the seller. Immediately after receiving the order, the seller shall confirm the receipt of the order to the customer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “customer’s e-mail address“).
3.7. Before sending the order, the customer confirms by checking the empty square box that he has read these Commercial Terms and Conditions and that he agrees with them. The customer is sufficiently informed of the existence of these Commercial Terms and Conditions and their wording before the actual execution of the order and has the opportunity to become acquainted with them. These Commercial Terms and Conditions form an integral part of the concluded purchase contract.
3.8. The seller is always entitled, depending on the nature of the order (quantity of goods, price, estimated shipping costs) to ask the customer for additional confirmation of the order (e.g. in writing, by email or telephone).
3.9. The contractual relationship between the seller and the customer is established upon acceptance of the order (acceptance) by the seller, which is sent by the seller to the customer by e-mail, to the customer’s e-mail address.
3.10. The customer notes that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially breached the purchase contract or these Commercial Terms and Conditions.
3.11. The purchase contract is archived by the seller for the purpose of its successful fulfilment. The purchase contract is not accessible to third parties.
4. PRICE OF THE GOODS AND TERMS OF PAYMENT
4.1. The customer can pay the price of the goods and any costs associated with the delivery of goods according to the purchase contract to the seller by payment card online via the secure KLIK AND PAY system.
4.2. Along with the purchase price of the goods, the customer is obliged to pay the seller the costs associated with the delivery and packaging of goods.
EUROPE – Schengen area – 10 – 20 EUR. For purchases over 1000 EUR, shipping and packaging of goods is for free.
World and Overseas territories of France – 120 EUR. For purchases over 1500 EUR, shipping and packaging of goods is for free.
4.3. Any discounts on the purchase price of goods provided by the seller to the customer cannot be combined or added together.
4.4. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the customer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. VAT is not charged on the sale of goods outside the EU (Schengen area). The seller shall issue the tax document to the customer after payment of the price of the goods and send it in electronic form to the customer’s electronic address.
5. TRANSPORT AND DELIVERY OF GOODS
5.1. The goods are usually shipped within 2 to 10 business days of concluding the purchase contract, resp. from crediting of payment for goods to the seller’s account. This period may be extended during periods of increased demand. If this period is longer than 15 business days, the seller informs the customer of this fact by telephone or to the customer’s e-mail address.
5.2. The goods are delivered to the customer via the FedEx service upon signed delivery note. On the website, the seller can offer more delivery methods to choose from the customer.
5.3. If the mode of transport is contracted on the basis of a special request of the customer, the customer bears the risk and any additional costs associated with this mode of transport.
5.4. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the customer in the order, the customer is obliged to take over the goods upon delivery or ensure that it is taken over by another person staying at the place of delivery (hereinafter “authorized person”). If the customer or the authorized person does not take over the goods upon delivery, and therefore for reasons on the part of the customer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the customer is obliged to pay the costs associated with repeated delivery of goods or costs associated with another method of delivery.
5.5. If the customer or the authorized person does not take over the goods even during the second attempt at delivery, the seller is entitled to withdraw from the purchase contract. In the event of withdrawal from the purchase contract by the seller, the customer is obliged to reimburse the seller for the costs incurred in delivering the goods.
5.6. Upon receipt of the goods from the carrier, the customer or the authorized person is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of damage to the packaging indicating unauthorized entry into the shipment, the customer does not have to take over the shipment from the carrier.
6. WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1. In accordance with the provisions of § 1829 of the Civil Code, the customer has the right to withdraw from the purchase contract concluded by electronic means within 14 days of receipt of the goods. In the event that the subject of the purchase contract is several types of goods or the delivery of several parts, the period runs according to the previous sentence from the date of receipt of the last delivery of goods.
6.2. Withdrawal from the purchase contract must be sent to the seller within the period specified in section 6.1. of these Commercial Terms and Conditions, to the delivery address of the seller: Green Network s.r.o., Jeremenkova 304/55, Podolí, 147 00 Praha 4 and / or to the seller’s email address: email@example.com To withdraw from the purchase contract, the customer can use the model form for withdrawal from the purchase contract, which is Annex No. 1 to the Commercial Terms and Conditions.
6.3. The customer acknowledges that according to the provisions of § 1837 letter e) of the Civil Code, inter alia, it is not possible to withdraw from a contract for the supply of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery. Furthermore, the customer cannot withdraw from the purchase contract if it concerns goods that were delivered in a closed package, which the customer removed from the package and for hygienic reasons it is not possible to return.
6.4. In case of withdrawal from a purchase contract, the purchase contract is cancelled completely from its beginning. The goods must be returned to the seller within 14 days from the date of withdrawal from the purchase contract by the customer. If the customer withdraws from the purchase contract, the customer bears the costs associated with the return of goods to the seller, even if the goods cannot be returned due to its nature by regular mail.
6.5. In the event of withdrawal from the purchase contract, the seller will return the money received from the customer within 14 days of withdrawal from the purchase contract by the customer, in the same way as the seller received them from the customer. The seller is also entitled to return the money provided by the customer when returning the goods by the customer or in another way, if the customer agrees and the customer does not incur additional costs. If the customer withdraws from the purchase contract, the seller is not obliged to return the received moeny to the customer before the customer returns the goods or proves that he sent the goods to the seller.
6.6. Upon withdrawal from the purchase contract and subsequent return of the goods, the customer is only liable to the seller for the reduction in the value of the goods, which arose as a result of handling the goods in a manner other than appropriate with regard to their nature and characteristics.
6.7. The seller reserves the right to withdraw from the purchase contract if the goods are no longer produced or delivered, or the price has changed significantly on the part of the supplier of the goods.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties regarding the rights arising from defective performance are governed by the applicable generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and in the case of concluding a contract between the Seller and the Buyer, also Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller is liable to the customer that the goods are free of defects upon receipt. In particular, the seller is liable to the customer that at the time when the customer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or the manufacturer, having regard to the nature of the goods and the advertising made by them,
7.2.2. the goods are fit for the purpose for which the seller states their use or for which goods of this kind are normally used,
7.2.3. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
If the defect becomes apparent within 6 months of receipt, it is considered that the goods were defective at the time of receipt. This does not apply to goods marked with the date of minimum durability, use-by date or other form of information of similar importance.
7.3. The provisions of section 7.2. of these Commercial Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, as well as in other cases stipulated by law.
7.4. Defects are also considered to be the performance of goods other than those ordered by the customer, as well as defects in the documents necessary for the use of the goods.
7.5. The customer’s right from defective performance is based on the defect that the goods have when the risk of damage passes to the customer, even if it manifests itself later. The customer’s right is also established by a later defect caused by the seller in breach of his obligation.
7.6. The customer is entitled to exercise the right to a defect that occurs in consumer goods within 24 months of receipt, with the exception of:
7.6.1. the goods sold, for which the packaging (or the instructions attached to it or in accordance with legal regulations state the period (i.e. minimum durability) for which the item can be used,
7.6.2. wear and tear of the goods caused by their normal use,
7.6.3. goods sold at a lower price for the defect for which the lower price was agreed,
7.6.4. if it follows from the nature of the goods.
7.7. If the defective performance is a material breach of the purchase contract, the customer has in particular the following rights:
7.7.1. the right to rectify the defect by delivery of new goods without defects or by delivery of missing goods,
7.7.2. at a reasonable discount from the purchase price, or
7.7.3. to withdraw from the purchase contract.
The customer will inform the seller which right he has chosen, when notifying the defect, or without undue delay after notifying the defect. The customer cannot change the choice made without the consent of the seller. If the customer does not choose his right in time, he has the rights according to section 7.8. of these Commercial Terms and Conditions.
7.8. If the defective performance is an insignificant breach of the purchase contract, the customer has in particular the right to remove the defect or to a reasonable discount on the purchase price. If the seller does not remove the defect of the goods in time or refuses to remove the defect, the customer may request a discount on the purchase price or may withdraw from the purchase contract. The customer cannot change the choice made without the consent of the seller.
7.9. If the goods do not have the characteristics set out in section 7.2. of these Commercial Terms and Conditions, the customer may also request the delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only a part of the goods, the customer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the customer may request a free of charge removal of the defect. The customer has the right to the delivery of new goods, or to the replacement of its part even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the customer also has the right to withdraw from the purchase contract in relation to the claimed goods. If the customer does not withdraw from the purchase contract or if he does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The customer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the customer does not seek remediation within a reasonable time or if arranging a remedy would cause significant inconvenience to the customer. The customer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the customer does not seek remediation within a reasonable time or if arranging a remedy would cause significant inconvenience to the customer.
7.10. When delivering new goods, the customer returns the goods originally delivered to the seller at his expense. The customer may not withdraw from the purchase contract or demand the delivery of new goods if he cannot return the goods in the condition in which he received them, with the exceptions provided for in § 2110 of the Civil Code.
7.11. The customer exercises the rights from the defective performance with the seller (hereinafter referred to as “complaints”). Complaints can be sent electronically to email: firstname.lastname@example.org or in writing to the contact address of the seller: Green Network s.r.o., Jeremenkova 304/55, Podolí, 147 00 Prague 4.
7.12. The customer is advised to check the delivered goods immediately after receipt and to make sure of its properties and quantity and to point out the identified deficiencies to the seller without undue delay.
7.13. If the customer does not notify the seller of the defective goods in time, he loses the right to withdraw from the contract.
7.14. The seller will issue a written confirmation to the customer when the customer has exercised the right to a defect in the goods, what is the content of the complaint and what method of handling the complaint is required and within what period the complaint will be settled. The seller is also obliged to issue a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.
7.15. The customer will deliver the claimed goods in person or send them to the place of claim (in the usual form, not by cash on delivery). Given that in the complaint procedure it is necessary to verify whether the customer actually bought the claimed goods from the seller, the seller recommends that the customer document this fact in an appropriate manner, e.g. by submitting a copy of the delivery note or invoice.
7.16. The customer pays for the transport of the claimed goods; in the case of acknowledging the legitimacy of the complaint, he may request reimbursement of the costs incurred for the transport of the claimed goods. The claimed repaired or exchanged goods will be sent (unless otherwise agreed) by the seller back at his own expense.
7.17. The seller decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product needed for a professional assessment of the defect. Complaints are handled without undue delay, but no later than 30 days from the date of their application, unless the seller agrees with the customer on a longer period.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer shall acquire the title to the goods by taking over the purchased goods.
8.2. In relation to the Buyer, the Seller is not bound by any Codes of Conduct as defined by Section 1826 (1) (e) of the Civil Code.
8.3. The customer acknowledges that the software and other components that make up the website (including photographs of the goods offered) are protected by copyright. The customer undertakes not to perform any activity that could allow him or third parties to unauthorisedly interfere with the software or other components that make up the website.
8.4. The customer is not entitled to use mechanisms, software or other procedures when using the website that could adversely affect the operation of the website. The website may be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.
8.5. The customer acknowledges that the seller is not responsible for errors caused by third party interventions on the website or as a result of using the website contrary to its purpose.
9. PERSONAL DATA PROTECTION, SENDING COMMERCIAL MESSAGES AND SAVING COOKIES
10. DISPUTES RESOLUTON
10.1. Any disputes which may arise from the purchase contract or in connection with it shall be resolved by the court of the Czech Republic with subject-matter and territorial jurisdiction, unless there is a conflict with mandatory legal regulations.
10.2. The competent authority for out-of-court settlement of consumer disputes resulting from the Purchase Contract is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification No.: 000 20 869, website: www.coi.cz.
10.3. The platform for online settlement of disputes available on website http://ec.europa.eu/consumers/odr may be used for settlement of disputes between the Buyer residing in another Member State of the European Union and the seller resulting from the Purchase Contract concluded online.
10.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point for online settlement of disputes according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on on-line dispute resolution for consumer disputes, whereby it performs a function within the meaning of this legislation only if the parties to the dispute do not have their habitual residence in the same Member State of the European Union.
11.1. The delivery to the Buyer may be carried out to the e-mail address of the Buyer.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under mandatory legislation.
12.2. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
12.3. If any provision of the Commercial Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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.
12.4. The purchase contract, including Commercial Terms and conditions, is archived by the seller in electronic form and is not accessible.
12.5. The Annex No. 1 to the Commercial Terms and Conditions is a sample form for withdrawal from the purchase contract
12.6. These Commercial Terms and Conditions are valid and effective from ……
ANNEX NO. 1
MODEL FORM FOR WITHDRAWAL FROM THE PURCHASE CONTRACT
concluded with the seller, Green Network s.r.o., registered seat at Revoluční 1082/8, Nové Město, 110 00 Prague 1, ID: 09541781
Postal address: Green Network s.r.o.
147 00 Praha 4 – Podolí
I / we declare (*) that I / we hereby withdraw (*) from the sales contract for the purchase of the following goods:
Name and surname of customer (s):
Address of the customer (s) (or email address as appropriate):
Please return the paid purchase price of the goods, including delivery costs, to the bank account:
Signature of the customer (s) (only if this form is sent in paper form):
(*)Complete and delete where necessary.