Terms and Conditions

Terms and Conditions

 

  1. Basic Provisions

1. Those general conditions of trade (hereinafter referred to as "the Commercial Conditions") are issued under Paragraph 1751 et seq. of Law No. 89 / 2012 Coll., the Civil Code (hereinafter referred to as "the Civil Code") (Name and surname / name) Water Freedom s.r.o.

ID number: 08565562

VAT number:

Registered Office: Rakovecká 1358/13a

Registered at the county court in Brno, Section C, liner 114245

Contact details:

E-mail: info@hoverstar.eu

Phone: +420 602 734 122

www (hereinafter referred to as “seller”)  

2. These trading conditions govern the reciprocal rights and obligations of the seller and the natural person who enters into a contract of sale outside his business as a consumer or in his business activity ("the buyer") via a web-based interface on a website available on the website..... ("Internet commerce").

3. The provisions of the commercial terms shall form an integral part of the contract of sale. Diverging arrangements in the sales contract shall take precedence over the provisions of those commercial terms.

4. These trading conditions and the purchase contract shall be concluded in the Czech language.

II. Information on goods and prices 

1. The product information, including the indication of the price of the individual goods and its essential characteristics, is given in the case of the individual goods in the e-commerce catalogue. The prices of the goods are included; including value added tax, all related charges and reimbursement of goods, provided that the goods cannot, by definition, be returned by normal mail. The prices of the goods remain in force for the period during which they are displayed in internet commerce. This provision does not preclude the negotiation of a contract of sale under individually negotiated terms.

2. All presentation of goods in the e-commerce catalogue is of an informative nature and the seller is not obliged to enter into a contract with respect to the goods.

3. Information on the costs of packing and delivery of goods is published in the Internet store. Information on the costs of packing and delivery of goods referred to in the Internet store shall only apply in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discount to the purchase price of the goods shall not be combined with each other unless the seller or buyer agrees otherwise.

III. Order and conclusion of the contract of sale

1. The costs incurred by the buyer in the use of distance communication in connection with the conclusion of the contract of sale (cost of internet connection, telephone calls) shall be borne by the purchaser himself. These costs do not differ from the basic rate.

2. The purchaser takes the order of the goods in the following ways: 

  • through his customer account, if he has made a prior registration in an Internet store, 
  • completing the order form without registration.

3. When entering an order, the purchaser shall select the goods, the number of items of goods, the method of payment and delivery.

4. Prior to the dispatch of the order, the buyer is given the opportunity to check and amend the data he/she has entered in the order. The order will be sent by the buyer to the seller by clicking the button……The information referred to in the order is considered to be correct by the seller. The condition of validity of the order is to complete all the mandatory particulars in the order form and the confirmation of the buyer that he has met the following commercial conditions.

5. Immediately upon receipt of the order, the seller shall send the buyer a confirmation of receipt of the order for the e-mail address given by the buyer in the course of the ordering. This certificate shall be automatic and shall not be deemed to have been concluded. The Annex to the certificate shall be the actual trading conditions of the seller. The contract of sale shall be concluded only after the order has been received by the seller. The notice of receipt of the order is delivered to the buyer's e-mail address. / Unless after receipt of the order, the seller shall send the buyer a confirmation of receipt of the order for the email address given by the buyer in the course of the ordering. Such confirmation shall be deemed to be the conclusion of the contract. The Annex to the certificate shall be the actual trading conditions of the seller. The purchase contract is concluded by confirmation of the order by the seller to the buyer's e-mail address.

6. In the event that one of the requirements set out in the order cannot be met by the seller, he shall send an amended proposal to the purchaser on his e-mail address. The amended bid is considered to be a new draft contract of sale and the purchase contract is in such a case concluded by a buyer's confirmation of acceptance of that offer to the seller on his e-mail address set out in the following trading conditions.

7. All orders received by the seller are binding. The buyer may cancel the order until the buyer has been notified of the acceptance of the order by the seller. The buyer may cancel the order by telephone to the telephone number or e-mail of the seller referred to in the following trading conditions.

8. Where there has been a manifest technical error on the seller's side when the price of the goods is quoted in the Internet store or during the ordering, the seller is not obliged to supply the purchaser of the goods for that wholly manifestly incorrect price, even if the buyer has been sent an automatic acknowledgement of receipt in accordance with the following commercial conditions. The seller informs the buyer of the mistake without undue delay and sends an amended proposal to the purchaser on his e-mail address. The amended bid is considered to be a new draft contract of sale and the purchase contract is in such a case concluded by an acknowledgement of receipt by the buyer on the seller's email address.

IV. Customer account

1. On the basis of a buyer's registration in internet commerce, the buyer can access his customer account. From his customer account, the buyer can make ordering goods. The buyer may also order the goods without registration. 

2. When registering in a customer account and ordering goods, the buyer is obliged to give all the information correctly and truthfully. The information given in the user account shall be kept up to date by the purchaser in any change thereto. The data provided by the buyer in the customer account and when ordering the goods are considered to be correct by the seller.

3. Access to the customer account is secured by a user name and password. The buyer shall be required to keep the confidentiality of the information necessary for access to its customer account. The seller shall not be liable for any abuse of the customer account by third parties. 

4. The buyer is not authorized to allow third parties to use the customer account. 

5. The seller may cancel the user account, in particular where the buyer does not use his user account for longer or where the buyer breaks his obligations under the contract of sale and the following commercial conditions. 

6. The buyer takes note that the user account may not be available continuously, in particular with regard to the necessary maintenance of the hardware and software equipment of the seller or the necessary maintenance of the hardware and software equipment of third parties.

V. Payment conditions and delivery of goods

1. The price of the goods and any costs associated with the supply of goods under the contract of sale may be paid by the buyer in the following ways: 

  • cashless by transfer to the bank account of seller No 507944, led by Raiffeisen Bank code 5500 
  • cashless payment cards 
  • non-cash transfer to the seller's account by means of a payment gateway 
  • a payment card for personal procurement in a dispensing warehouse

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packing and delivery of the goods at the agreed amount. Except where expressly provided otherwise, the purchase price and the costs associated with the delivery of the goods shall also be taken into account.

3. In the case of non-cash payment, the purchase price shall be due within 7 days of the conclusion of the contract of sale. 

4. In the case of payment by means of a payment gateway, the buyer shall proceed according to the instructions of the relevant electronic payment service provider.

5. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is met when the relevant amount is credited to the seller's bank account. 

6. The seller shall not require any advance or other similar payment from the buyer. The payment of the purchase price before dispatch of the goods is not a deposit. 

7. According to the Law on the registration of sales, the seller is obliged to issue a receipt to the purchaser. At the same time, he is obliged to register the received sales with the tax administration on-line, in the event of a technical failure later than 48 hours

8. The goods are delivered to the purchaser: 

  • to the address designated by the purchaser of the order 
  • through the delivery of consignments to the address of the dispensary designated by the purchaser
  • personal procurement at the establishment of the seller 

9. The choice of the mode of delivery shall be made during the ordering of the goods. 

10. The cost of the delivery of the goods, depending on the method of dispatch and the receipt of the goods, is given in the order of the buyer and in order to confirm the order by the seller. Where the mode of transport is agre

ed on the basis of a specific buyer's request, the buyer shall bear the risk and any additional costs associated with that mode of transport. 

11. Where the seller is obliged to supply the goods to a place designated by the buyer in order, the buyer is obliged to take the goods on delivery. Where, for reasons on the buyer's side, goods are to be delivered repeatedly or in a manner other than that indicated in the order, the buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with the other means of delivery.

12. When the goods are taken over from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any failure, to notify the transporter immediately. In the event of a finding of a breach of the packaging attesting to unauthorized intrusion into the consignment, the purchaser may not take possession of the consignment from the carrier. 

13. The seller shall issue a tax document to the purchaser - an invoice. The tax document is sent to the buyer's e-mail address/ The tax document is attached to the goods supplied. 

14. The buyer acquires the right of ownership of the goods by paying the full purchase price for the goods, including delivery costs, but at the earliest opportunity by assuming the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer when the goods are taken over or when the buyer was obliged to take over the goods but did not do so in breach of the purchasing contract.

VI. Withdrawal from the contract

1. A buyer who has concluded a contract of sale outside his business as a consumer shall have the right to withdraw from the contract of sale. 

2. The withdrawal period shall be 14 days 

  • from the date of receipt of the goods
  • from the date of receipt of the last consignment of goods provided that several types of goods or the supply of several parts are covered by the contract 
  • from the date of receipt of the first delivery of the goods, provided that the contract is the subject of a regular repeated delivery of the goods.

3. The buyer cannot, inter alia, withdraw from the contract of sale: 

  • the provision of services if it has been met with his prior express consent before the expiry of the withdrawal period and the seller has informed the purchaser before the conclusion of the contract that, in such a case, he has no right of withdrawal;
  • the supply of goods or services, the price of which depends on the winnings of the financial market, irrespective of the willingness of the seller and which may occur within the withdrawal period;
  • the supply of alcoholic beverages which may be delivered only after 30 days and the price of which depends on the winnings of the financial market independent of the seller's will;
  • the supply of goods which have been regulated according to the wishes of the buyer or for his person;
  • the supply of perishable goods as well as goods which have been mixed with other goods after delivery; 
  • the delivery of goods in closed packaging, which the purchaser has removed from the package and cannot be returned for hygienic reasons; 
  • a delivery of sound or video recordings or a computer program if it has broken their original packaging;
  • delivering newspapers, periodicals or magazines; 
  • the supply of digital content unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the buyer prior to the expiry of the withdrawal period and the seller has informed the purchaser before the conclusion of the contract that, in such a case, he has no right of withdrawal; 
  • in other cases referred to in Paragraph 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the purchaser must send a withdrawal statement within the withdrawal period. 

5. For withdrawal from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The withdrawal from the contract of sale shall be sent by the purchaser to the seller's e-mail address or to the seller's address indicated in the following trading conditions. The seller shall acknowledge receipt of the form immediately to the purchaser. 

6. The buyer who has withdrawn from the contract shall return the goods to the seller within 14 days of his withdrawal. The buyer shall bear the costs of returning of the goods to the seller, even if the goods cannot be returned for their nature by normal mail.

7. Where the purchaser withdraws from the contract, the seller shall return without delay and at the latest within 14 days of the termination of the contract, all funds, including the cost of the supplies he has received from him, in the same manner. The seller shall return the money received to the purchaser otherwise only if the buyer agrees and does not incur additional costs. 

8. If the purchaser has opted for a non-cheapest way of supplying the goods offered by the seller, the seller shall reimburse the purchaser the costs of the supply of the goods at the level corresponding to the cheapest mode of delivery of the goods. 

9. Where the purchaser withdraws from the purchase contract, the seller shall not be obliged to repay the monies received to the purchaser before the buyer has handed over the goods or proves that he has sent the goods to the seller. 

10. The goods must return to the seller, undamaged, undesired and uncontaminated and, where possible, in the original package. The right to compensation for the damage caused to the goods shall be entitled unilaterally to offset the buyer's claim for repayment of the purchase price. 

11. The seller is entitled to withdraw from the purchase contract because of the sale of stocks, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The seller shall promptly inform the buyer by means of the email address indicated in the order and return within 14 days of the notice of withdrawal, all funds, including the cost of the supplies he has received from him on the basis of the contract, in the same manner and, where appropriate, by the purchaser.

VII. Rights of defective performance

1. The seller is liable to the buyer that the goods are not defects upon taking over. In particular, the seller is liable to the buyer that at the time the buyer took over the goods: 

  • has the characteristics which the parties have negotiated and, if the arrangement is lacking, has such characteristics as the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them, 
  • the goods are suitable for use by the seller or used by the seller, or to whom the goods of this kind are usually used, 
  • the goods correspond to the quality or performance of the agreed sample or a draft if the quality or performance is determined on the basis of the agreed sample or pattern, 
  • the goods are in the appropriate quantity, measure or weight; and • the goods meet the requirements of the legislation.

2. If the defect is manifest within six months of receipt of the goods by the buyer, the goods are deemed to have been defective at the time of the takeover. The buyer is entitled to exercise the right of defect which occurs in consumer goods within 24 months of receipt. This provision shall not apply to goods sold at a lower price to a defect in respect of which the lower price has been negotiated, the wear of goods caused by its normal use, the goods used for the fault corresponding to the level of use or wear which the goods have acquired when acquiring the buyer or, where this is apparent from the nature of the goods. 

3. In the event of a defect, the buyer may submit a claim to the seller and require: 

• exchange for new goods; 

• repair of goods, 

• a reasonable discount on the purchase price, 

• withdraw from the contract. 

4. The buyer has the right to withdraw from the contract, • where the goods have a material defect, 

  • if it cannot be used properly for repeated defects or defects after repair; 
  • a larger number of defects in the goods. 

5. The seller shall accept a claim in any premises where the receipt of the claim is possible and, where appropriate, at the place of business. The seller is obliged to issue a written confirmation to the buyer of the consumer's claim as to what is the content of the complaint and what manner of processing the claim is required and a confirmation of the date and manner of processing of the claim, including confirmation of the correct and duration of the claim and, where appropriate, a written statement of reasons for the rejection of the claim. 

6. The seller or his authorized staff shall take a decision on the claim immediately, in complex cases within three working days. This time limit shall not be taken into account for the period appropriate to the type of product or service required for the professional assessment of the defect. Complaints, including the removal of defects, shall be rectified without delay, no later than 30 days after the date of application of the complaint, unless the seller has agreed to the buyer for a longer period. The vain expiry of that period shall be deemed to constitute a substantial breach of the contract and the buyer shall have the right to withdraw from the contract of sale. The moment of exercised of the complaint, is the moment when the buyer's will is served to seller (application of the law from defective performance) to the seller. 

7. The seller shall inform the buyer in writing of the outcome of the claim. 

8. The right of defective execution to the purchaser does not lie if the buyer knew, before taking the case, that the case had a defect, or if the buyer had caused the defect himself. 

9. In the case of legitimate claims, the purchaser shall have the right to reimbursement of the costs incurred in connection with the application of the claim. This right may be exercised by the buyer to the seller within one month of the expiry of the guarantee period. 

10. The choice of the mode of claim is to be made by the buyer. 

11. The rights and obligations of the parties with regard to the rights of defective execution are governed by Paragraphs 1914 to 1925, Paragraphs 2099 to 2117 and Paragraphs 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection. 

12. Other rights and obligations of the parties relating to the liability of the seller for defects are governed by the seller's order of claim.

VIII. Delivery

1. The Contracting Parties may communicate to each other all correspondence in writing by e-mail. 

2. The buyer shall deliver correspondence to the seller to the e-mail address set out in the following trading conditions. The seller delivers correspondence to the purchaser on the email address indicated in his customer account or in the order.

XI. Out-of-court dispute resolution

1. For out-of-court settlement of consumer disputes arising from the sale contract, the relevant Czech Commercial Inspection, established at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs. The platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer from the purchase contract. 

2. European Consumer Centre Czech Republic, established at Štěpánská 567/15, 120 00 Prague 2, internet address: http://ww.cz is the point of contact under Regulation (EU) No 524/2013 of the European Parliament and of the Council as of 21st of May 2013 on the handling of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (ODR Regulation). 

3. The seller is entitled to sell the goods on the basis of the business licence. The business control is carried out within its competence by the competent business authority. The Czech Republic of commerce carries out, inter alia, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection.

X. Final provisions

1. Any arrangement between the seller and the buyer and the legal order of the Czech Republic. If the relationship based on the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights resulting from generally binding legislation. 

2. The seller is not bound by any codes of conduct within the meaning of Paragraph 1826 (1) (e) of the Civil Code. 

3. All rights to the seller's website, in particular copyright in content, including layout, photos, films, graphics, trademarks, logos and other content and elements belong to the seller. It is prohibited to copy, modify or otherwise use websites or parts thereof without the consent of the seller. 

4. The seller shall not be liable for errors arising from the intervention of third parties in or as a result of the use of third parties in connection with its determination. The buyer shall not use techniques that may adversely affect its operation and may not engage in any activity that may allow him or third parties to unduly interfere or misuse software or other components constituting Internet commerce and use internet commerce or parts or software equipment in a manner contrary to its intended purpose or purpose. 

5. The purchaser thus assumes the risk of changing circumstances within the meaning of Paragraph 1765 (2) of the Civil Code. 

6. The contract of sale, including commercial terms, shall be archived by the seller in electronic form and shall not be accessible. 

7. The terms of the trading conditions may be amended or supplemented by the seller. This provision shall be without prejudice to rights and obligations arising during the period of application of the previous version of the terms of trade. 

8. The model withdrawal form shall be annexed to the trading conditions. 

 

These trading conditions shall take effect on 1.1.2020