Terms and conditions

Terms and conditions

General Business Terms and Conditions

Business Conditions

These business terms and conditions apply to shopping in the Internet store at www.flexi-hoses.com

 

Operator of the Internet store:

ATH INTERNATIONAL

TOMÁŠ HARAŠIN

Pramenní 7, Odry, 742 35

Tax ID 03406865, VAT ID CZ9002205839

Tel: +420 736 439 436

E-mail: office@flexi-hoses.com

 

Business premises:

Národních Hrdinů 55

Prague 9

190 12

(Within the premises of the Company Alfa diamantová technika s.r.o.)

 

Bank account:

Payments in Euro: 2100671521/2010 Fio banka

 

IBAN: CZ0820100000002100671521

Swift: FIOBCZPPXXX

Owner of account: Tomas Harasin

Bank address:

Fio banka, a.s.

V Celnici 10

Praha, 117 21

 

General provisions

The conditions further define and specify the rights and obligations of the seller (www.prumyslove-hadice.cz), with the operator Tomáš Harašin, tax ID No.: 03406865, with a registered address at Pramenní 7, Odry, 742 35 (the Supplier) and the purchaser (the Customer, Consumer). All the contractual relations are entered into in accordance with the legal order of the Czech Republic. In case the customer is a consumer, the relations not governed by the general business terms and conditions abide by the Civil Code (No. 89/2012 Sb.) and the Consumer Protection Act (No. 634/1992 Sb.), as well as by the corresponding regulations. If the purchaser is not a consumer, the relations not governed by the general business terms and conditions abide by the Civil Code, No. 89/2012 Sb., as amended, and by the corresponding regulations

 

Definition of terms:

Seller / Supplier – the person acting within the framework of his business or other entrepreneurial activity while entering into and performing the contract. It is an entrepreneur supplying products or providing services to the purchaser directly or by means of other entrepreneurs.

Purchaser – a consumer or an entrepreneur.

 

A purchasing consumer, or simply a consumer, is a person who unlike the seller does not act within the framework of his entrepreneurial activity while entering into and performing the contract, or within the framework of an independent realization of his job.

 

In case the purchaser is not a consumer, he is an entrepreneur. Each person entering into contracts relating to their own business, manufacturing or similar activity, or within the framework of an independent realization of their job, or eventually a person acting on behalf of an entrepreneur or on his account, will also be considered as an entrepreneur.

 

An offer is a legal act with a purpose to enter into a contract, as long as it contains the substantial matters of a contract in such a way as to allow for the entering into the contract by means of a simple and unconditional acceptance, and if it shows the will of the submitter to be bound by the contract in case the offer is accepted.

It is assumed that a proposal to supply goods or provide services for a determined price made within an entrepreneurial activity by means of an advertisement, in a catalogue or by exhibiting the goods is an offer subject to the depletion of the stock or the loss of the entrepreneur’s ability to perform.


Entering into a purchase contract:

By placing an offer to sell goods on the Internet website, the seller expresses his will to enter into a purchase contract for the goods or eventually services under the stated conditions. The purchase contract comes into existence at the moment the binding order of the purchaser is delivered to the seller. From this moment on, mutual rights and obligations apply to the seller and the purchaser, being defined by the purchase contract and the general business terms and conditions, which form an inseparable part of this contract.

Orders realized via the Internet shopping system must be confirmed by the purchaser. A confirmation is understood as clicking on the so-called confirming link at the end of the ordering process. The purchaser thereby confirms having been acquainted with these business terms and conditions and the rules of the guarantee, expressing his consent therewith at the same time.

 

The contract is being entered into in Czech language, it is archived for the purposes of a successful performance thereof, and it is not available for the third non-committed parties. Information regarding the individual technical steps leading towards entering into the contract is apparent from these general business terms and conditions, where this process is described comprehensibly. The purchaser has a chance to check and eventually to amend the order prior to actually sending it. These business terms and conditions are accessible via the www.hadice-prumyslove.cz Internet store website, which allows for their archiving and reproduction by the purchaser.

 

Accepting the offer with an amendment or with a deviation is not to be understood as accepting the offer.

 

Accepting an unsolicited performance by the purchaser is not to be understood as accepting the offer.

 

Initial provisions regarding the products

The products for sale are products that are available for purchasing. However, as an exclusive representation for the Czech market, we have a chance to consult the manufacturing of the hoses specifically according to your request. We deal with this type of orders via a personal meeting or over the phone. 1 meter of a hose is to be understood as 1 meter of an extended hose at a specific temperature, which means we reserve the right to a 10% benevolence in measuring the length. The hoses will be cut in length according to your requirements especially for you, in accordance with the order. This means the products are modified according to the customer’s wish. DN or diameter is calculated on the inner diameter of the hose.

 

The photographs shown at the store’s website may not correspond to the sold products. All the photographs are protected by copyright.

 

When using and installing a hose, it is necessary to abide by the instructions, which will be sent to you together with the invoice, or which you will find on our Internet site.

 

Prices and validity of the offer

All the prices stated at the Internet store website are final for the consumer, i.e. including VAT or eventually all the other legal taxes and fees, which the consumer must settle in order to receive the goods, except for the delivery costs. In case the VAT changes, for example before entering into the purchase contract or before despatching the goods, the purchaser is obliged to settle the undercharge payment, with respect to the selected type of payment, or eventually the seller sends immediately an e-mail to the purchaser, asking him for a specification of an account to which the excess payment can be settled. The final price is always stated in the order and in the e-mail confirming the acceptance of the order for the goods. All the prices of the goods, including the action ones, apply until withdrawn or until the stock is sold out. Information regarding the goods and the price stated by the seller is binding, except for obvious mistakes. The determining factor for setting the purchase price is the price of the goods displayed in the e-shop at the time of realizing the order. A tax document is a part of each shipment from the Internet store.

 

In case the Purchaser realizes the payment and the Seller subsequently fails to provide for the delivery of the goods, the Seller immediately returns the charge to the Purchaser in an arranged way. The time limit for returning the payment depends on the selected means, yet it must not exceed 14 days from the moment this problem occurred.

 

Order.

The following ways can be used to order the goods

 

  1. The Internet shopping system 24/7 at www.flexi-hoses.com– insert the goods in the basket and then fill in the necessary data to send the order;

 

2. Via a telephone – by calling the customer service line at +420 720 553 181 / +420 736 439 436; the customer line operates Monday through Sunday 24 hours per day.

 

Settling the order

The settlement of the order means the preparation of the shipment (packaging and issuing sales documents) and its transfer for transport (to the selected carrier) or the place for personal collection. At that moment, liability for damages transfers onto the purchaser. The settlement takes place immediately upon accepting the order, usually on the day of the order; maximum time limit for settling the order is set to 3 working days after placing the order, unless there is a different time limit for settling the claim stated with the individual goods. In case it is impossible to observe the stated time limit, we inform the customer by phone or e-mail immediately and arrange for the further process, including the new date of delivery of the goods.

 

You will always be informed about each settlement of an order, and its transfer for transport, via an e-mail, a phone, or by SMS, with information as to when you can expect the shipment.

 

Delivering the goods

The seller delivers the goods to the purchaser either personally – i.e. during a personal collection at the working site, or by means of a carrier.

 

In case the purchaser fails to collect the goods within the arranged time limit due to the violation of his obligations, he is obliged to pay a storage fee to the seller amounting to CZK 10 per each day of delay, not to exceed CZK 300. Upon notifying the purchaser via an e-mail and providing him with a new reasonable time limit for collection, the seller is entitled to sell the goods in an appropriate way. The storage costs and the costs of the vain delivery of the goods due to insufficient concurrence on the side of the purchaser may be included in the returns of the sale by the seller towards the purchaser.

 

Delivery by means of a carrier

Due to the fact that not all the products in all the diameters are manufactured, it is necessary to consider approx. 4-5 working days for the transport. We will naturally try to deliver the goods as soon as possible. We charge a sum for the transport according to the amount and the weight of the shipment, to be calculated by our contractual carriers. We select the most suitable transport after processing the offers. The carrier is responsible for the transport.

 

Payment conditions

- Payment in cash (upon personal collection of the goods)

- Payment in advance via bank transfer

 

Cancelling the order

The order can be cancelled via a telephone or an e-mail. The purchaser may cancel the order until it is settled. The postage fee is not a part of the purchase price and it is charged based on the realization of the shipment of the goods (handing the goods over for transport). In case of a later cancellation of the order, the seller is entitled to receive compensation for damages corresponding to the demonstrable postage costs. This does not affect the right of the consumer to withdraw from the contract without the risk of any sanction within the statutory 14-day time limit (see below). The seller may cancel the entire order or its part in case the goods was already sold out at the time of placing the order and the supplier is no longer capable of procuring the goods. You will be informed about the cancellation of the order by the seller immediately via an e-mail or a telephone.

 

Costs of communication means

The purchaser agrees with using remote communication means in entering into a purchase contract. The costs related to using the remote communication means in connection with entering into a purchase contract (the costs of the Internet connection, telephone costs) are settled by the purchaser himself.

 

Money return guarantee – the right to withdraw from a contract

If the contract was entered into via the remote communication means (the Internet shopping system 24/7 at www.hadice-prumyslove.cz, the consumer has a right to withdraw from the contract within 14 days after the performance (delivery of the goods) pursuant to Section 1829 of the Civil code. In such case, the withdrawal from the contract, best together with the returned goods, should be delivered to the seller no later than on the fourteenth day after the delivery of the goods. In case of withdrawing from the contract, the transportation costs for returning the goods back to the seller are settled by the purchaser. We recommend a complete delivery, possibly with the original package, undamaged and showing no signs of utilization, together with the document (or a copy thereof) demonstrating the purchase of the goods at the seller. If the returned goods are damaged, incomplete, we reserve the right to claim corresponding compensation for the lowering of the value of the returned thing. That does not affect the right of the consumer to withdraw from the contract without any sanctions. In case of withdrawing from the contract, the money is sent back to the purchaser in such a way as to be received no later than 14 days after the withdrawal from the purchase contract, in the same way the payment was accepted from the purchaser. If the seller offers several ways within the framework of a certain way of delivering the goods, he is obliged to compensate the purchaser for the cheapest one. No later than within the same time limit, the purchaser is obliged to send or to hand over to the seller the purchased goods. The goods should be returned to the seller complete, best in the original package, and there must be no signs of wear and tear or damage. If the consumer withdraws from the contract, the seller is not obliged to return the received financial means to the consumer before the consumer proves sending the goods back to the seller.

 

If the returned goods is damaged via a violation of an obligation on the side of the purchaser, the seller is entitled to claim compensation from the purchaser for lowering the value of the goods and to include it in the returned sum.

Returning the goods via cash on delivery will not be accepted by our store, therefore we recommend sending it as a parcel. We recommend to express the will to withdraw from the contract in written form to make it clear you wish to exercise your right, as the actual sending back the goods cannot be automatically considered as a manifestation of a will to withdraw from the contract.

 

In case you require a replacement, withdrawal from the contract or if you want to make a claim, please contact us at the phone No.: +420 736 439 436, or the e-mail: office@flexi-hoses.com, and we will provide you with relevant information concerning how to proceed with this operation.

 

Pursuant to Section 1837 of the Civil Code, the consumer cannot withdraw from the contract:

  1. On providing services, in case they were performed with his prior explicit agreement prior to the expiry of the time limit for the withdrawal from the contract, and the entrepreneur informed the consumer prior to entering into the contract that in such case he has no right to withdraw from the contract,

  2. On the delivery of goods or services, the price of which depends on the deviations of the financial market, independent on the will of the entrepreneur, which may occur during the time limit for the withdrawal from the contract,

  3. On the delivery of alcoholic beverages, which may only be delivered after thirty days and the price of which depends on the deviations of the financial market independent on the will of the entrepreneur,

  4. On the delivery of goods modified according to the consumer’s wish or for him personally

  5. On the delivery of goods subject to fast decay, as well as goods irrevocably mixed with other goods upon delivery,

  6. On the repair or maintenance carried out at a place specified by the consumer upon his request; however, this is not true in case of subsequent performances other than the required repairs or deliveries other than the required spare parts,

  7. On the delivery of goods in a closed package, which the consumer removed from the package and it is not possible to return it for hygienic reasons,

  8. On the delivery of a sound or picture recording or a computer programme, if he destroyed their original package,

  9. On the delivery of newspaper, periodicals or magazines,

  10. On accommodation, transport, boarding or utilization of free time, if the entrepreneur provides the above in a determined term,

  11. Entered into on the basis of a public auction pursuant to the law on public auctions, or

  12. On delivering digital contents, if it was not delivered on a material carrier and it was delivered with the prior explicit consent of the consumer prior to the expiry of the time limit for the withdrawal from the contract and the entrepreneur informed the consumer prior to entering into the contract that in such case he has no right to withdraw from the contract.

 

Rights and obligations from defective performance

If there are defects in the accepted goods (e.g. it does not have the agreed or rightfully expected qualities, it does not fit the usual or agreed purposes, it is not complete, the quantity does not match, the measure, weight or quality does not match other statutory, contractual or pre-contractual parameters), these are defects that the seller is responsible for.

 

Conformity with the purchase contract namely means that the sold product is without defects, its quality and utility characteristics are those that the contract requires, the seller, the manufacturer or his representative declares, or those that are expected based on the advertisements, or else the quality and utility characteristics are common for products of such kind, that it corresponds to the requirements of the legal regulations, it is in the corresponding amount, level or weight, and it corresponds to the purpose stated by the seller for the utilization of the product, or the purpose that is common for this type of products.

 

The purchaser may according to his request apply the right to a free-of-charge removal of a defect or to a reasonable discount with the seller within two years after accepting the goods; in case it is not out of proportion regarding the character of the defect (especially if the defect cannot be removed without undue delay), it is possible to demand the delivery of a new product without defects or new parts without defects, if the defect only concerns such parts.

 

If it is not possible to repair or to replace the goods, the purchaser may require the return of the purchase price in full on the basis of a withdrawal from the contract.

 

Within six months after accepting the goods, it is assumed that the defect already existed at the time the goods was accepted.

 

The seller is not obliged to satisfy the claim of the purchaser, if he can demonstrate that the purchaser had known about the defect before he accepted the goods, or that he caused it himself.

 

In case of selling used goods, the seller is not responsible for the defects corresponding to the level of utilization or wear and tear up to now. With things sold at lower prices, the seller is not responsible for the defect for which the lower price was arranged. In these cases, the purchaser is entitled to receive a reasonable discount instead of replacing the goods.

 

Statutory rights from defects

The seller is responsible for defects occurring after accepting the goods within 24 or 12 months of a guarantee period or within the usability time mentioned in an advertisement, at the package of the goods in in the attached manual.

 

Within this time period, the purchaser may lodge a claim and demand according to his choice the following with a defect that represents a substantial violation of the contract (regardless of whether the defect is removable or not:

removal of the defect by means of delivering a new thing without defects or by means of delivering a the missing thing;

free-of-charge removal of the defect by means of a repair;

a reasonable discount from the purchase price; or

return of the purchase price on the basis of the withdrawal from the contract.

 

A substantial violation of a contract is such a violation, which the party violating the contract has already known about at the moment of entering into the contract, or had to know the other party would not enter into the contract if such violation could have been expected.

 

With a defect which represents an unsubstantial violation of a contract (regardless of whether the defect is removable or not), the purchaser is entitled to remove the defect or to receive a reasonable discount from the purchase price.

 

If a removable defect occurs repeatedly after a repair (the third claim for one defect or the fourth claim for different defects), or if there are more defects (at least three defects at the same time), the purchaser may assert a right to get a discount from the purchase price, a replacement of the goods or to withdraw from the contract.

 

The seller is not responsible for defects occurring as a consequence of regular wear and tear or a failure to abide by the instructions for use.

 

Settling a claim

The purchaser is obliged to lodge the claim with the seller or the person authorized to the repair without undue delay after finding the deficiency. If he does it in writing or electronically, he should state his contact details, description of the defect and the requirement regarding the means of settling the claim.

 

The purchaser is obliged to inform the seller which right he selected upon notifying him about the defect or without undue delay after reporting the defect. A change of such selection without the seller’s consent is only possible if the purchaser asks for a repair of a defect which shows to be non-removable.

 

If the purchaser fails to select his right from the substantial violation of a contract in time, his rights are the same as in case of a non-substantial violation of the contract.

 

The purchaser is obliged to demonstrate the purchase of the goods (best via a purchase document). The time period for settling the claim starts as of the moment of handing over/delivering the goods to the seller or to the place authorized for repairs. The goods should be packed in a suitable package for the transport, in order to prevent its damage, it should be clean and complete.

 

The seller is obliged to decide on the claim without delay, no later than within three working days, or eventually to conclude that an expert assessment is needed to make the decision. He will inform the purchaser about the necessity of an expert assessment within this time limit. The claim, including the removal of the defect, will be handled by the seller without undue delay, no later than within 30 days after the claim is lodged, unless they agree on a longer time limit with the purchaser in writing. After this time limit, the purchaser’s rights are the same as in case of a substantial violation of the contract.

 

If the seller refuses to remove the defect of the product, the purchaser may request a reasonable discount from the purchase price or he may withdraw from the contract.

 

The guarantee period is extended for the time from lodging the claim until its settlement or until the time limit until which the purchaser was obliged to pick up the product. If the goods is replaced or partially replaced, the seller’s responsibility is asserted in the same way as in case of purchasing new goods or parts thereof.

If it is not possible to observe the status of settling the claim on-line, the seller pledges to inform the purchaser about the settlement of the claim via an e-mail or an SMS, according to his requirement.

 

In case of a justified claim, the purchaser has a right to receive compensations for purposefully exerted costs. In case of an unjustified claim, if the purchaser is a consumer, neither the purchaser, nor the seller have the right to receive compensations for the costs related to settling the claim (the seller would have such right only in case the consumer repeatedly lodged an unjustified claim, and it could be assumed that he was abusing his rights).

 

Personal data protection

The purchaser gives his consent to the seller processing and storing the personal data he provided, in accordance with the Personal data protection Act (No. 101/2000 Sb.) for the purposes of performing the scope of the contract. The purchaser has a right to be informed about the way the seller files his data, and he is authorized to change such data, or eventually to express a disagreement with their processing in writing. The personal data protection is supervised by the Data Protection Authority.

 

The purchaser may inform the seller that he wants to terminate the mailing of business notifications, to an electronic address acquired in connections with the performance of the contract, without any risks of incurred costs.

 

The seller pledges not to provide the personal data of the purchaser to other third parties, other than the contractual carrier with the purpose of delivering the goods.

 

The seller will allow for shopping without registration, whereas he will use the data of the non-registered purchasers only to perform the contract, not for marketing or business purposes.

 

All the records regarding the purchaser may be, upon the purchaser’s request, removed from the database at any time. If the customers sends his request to the e-mail: office@flexi-hoses.com, all his personal data will immediately be removed from the database of the Internet store.

 

Liability

The seller hereby points out that information on the Internet store website is partially taken over by third parties, it may contain material and technical inaccuracies or typographical mistakes, and it may be updated without a prior notification. However, the following data is guaranteed – the name of the goods and its volume, which means the ordered goods is undisputable. The sellers bears no liability whatsoever towards any party for damages incurred by the utilization of information from the Internet store or the referenced Internet websites.

 

Resolution of disputes

The mutual disputes between the seller and the purchaser will be resolved by general courts.

Meeting the obligations pursuant to Act No. 634/1992 Sb. on protecting the consumer, is supervised by the Czech Trade Inspection Authority (www.coi.cz).

 

Final provisions

These business terms and conditions apply to all the business cases concluded between the operator and the purchasers; whereas the purchaser means a natural or a legal person. The validity of these business terms and conditions is set to the period starting as of 20 Sep 2014 and ending by the replacement with a new version; the eventual new version will be declared in a corresponding way at the Internet website www.flexi-hoses.com



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