General Terms and Conditions of HiES Tech s.r.o. effective from 1 September 2013
1. Common terms
1.1 These General Terms and Conditions (hereinafter the „GTC“) define the relationships between contractual parties of a purchase contract, i.e. the abovementioned company registered in section C, file 27053 in the Commercial Register of the Regional court in Plzeň, as the Seller (hereinafter the „Seller“) and the purchaser and/or customer that can be also consumer (hereinafter the „Purchaser“).
1.2 The scope of business of the Seller is production of electronic devices and their sale. The Seller is registered as a VAT taxpayer.
1.3 The Purchaser is either an end customer or a business.
1.4 The Consumer is an individual that does not conclude and/or fulfill the purchase contract with the Seller under his/her business and/or other commercial activity or profession. The legal relations between the Seller and the Consumer, not expressly defined in these GTC, follow the provisions of the Act No. 40/1964 Coll., Civil Code, and the Act No. 634/1992 Coll., on consumer protection, as amended, as well as other related regulations.
1.5 A Contractor is defined as: a) an individual registered in Commercial Register, b) an individual doing business under trade licence, c) an individual doing business under another licence than trade licence (under special provisions), d) an individual involved in agricultural production, registered and recorded under special provisions. The legal relations between the Seller and the Purchaser, who is a business enterprise, not expressly defined in these GTC nor a contract between the Seller and the Purchaser, follow the appropriate provisions of the Act No. 513/1991 Coll., Commercial Code and as amended, as well as any and all related provisions. In case of discrepancies between these GTC and a separate contract, the text of the contract shall take precedence.
1.6 When establishing the business relations by registration, the Purchaser discloses only the necessary contact details that are needed for the order fulfilment and/or the data that shall be included in the purchase documents.
1.7 Kupující si je vědom, že mu koupí produktů, jež jsou v obchodní nabídce prodávajícího, nevznikají žádná práva na používání registrovaných značek, obchodních názvů, firemních log či patentů prodávajícího nebo dalších firem, není-li v konkrétním případě zvláštní smlouvou sjednáno jinak.
2. Purchase contract
2.1 If the Purchaser is also Consumer, the proposal for making a purchase contract is either publishing the product offerings on web pages, or product offers through sales representatives.
2.2 The purchase contract comes into existence when the Purchaser sends an order and this order is accepted by the Seller. The acceptance of the order by Seller is confirmed via a notification e-mail sent to an e-mail address provided, however, this does not affect the creation of the contract.
2.3 The attachment to this confirmation includes the current GTC text and the returns policy. The purchase contract (including the price agreed on) can be changed and/or canceled only upon an agreement of both sides or based on legal reasons.
2.4 If the Purchaser is a business/enterprise, the proposal for making a purchase contract is the order of products sent by the business/enterprise. The purchase contract is made when the binding acceptance of the proposal by Seller is delivered to the Purchaser (business/enterprise).
2.5. The purchase contract is also made (on the part of the purchasing business/enterprise as well as purchasing consumer) by acceptance of goods in the company`s registered office or from a sales representative and paying of the purchase price agreed on.
2.6. All the relationships and possible disputes that arise under this contract shall be settled solely by courts of Czech Republic and in accordance with the legal regulations valid in the Czech Republic. In case of any dispute, both sides have agreed on the territorial jurisdiction of the District Court of Plzeň - sever, or Regional court in Plzeň. This does not apply to the cases when the Purchaser is also the Consumer and the prorogation of jurisdiction is not allowed.
3. Security and Protection of Information
3.1 The Seller declares that all the personal data are held strictly confidential. They shall be used solely for the purposes of fulfilling the contract with the Purchaser and for marketing activities of the Seller and they shall not be disclosed in any way, provided to a third party, etc., except for situations related to distribution or payment of the ordered goods (disclosure of name and ship-to address).
3.2 The Seller shall make reasonable efforts to protect the subject of personal data free from any damage to personal rights, especially related to the dignity of human person, as well as free from infringement of privacy. The personal data that were provided voluntarily by the Purchaser to the Seller for the purposes of fulfilling the contract with the Purchaser and for marketing activities of the Seller, are collected, processed and maintained in accordance with the valid laws of the Czech Republic, especially with the Personal Data Protection Act No. 101/2000 Coll. and as amended by later regulations.
3.3 The Purchaser gives his/her consent to the Seller to collect and process the relevant personal data for the purposes of fulfilling the subject matter of the contract and for marketing activities of the Seller (including, but not limited to sending business notifications, newsletters, marketing actions, SMS), until an express written revocation of this consent is delivered to the registered office of HiES Tech s.r.o.
3.4 The Seller also undertakes not to disclose any and all of the personal data to any third party, except for situations related to distribution or payment of the ordered goods (disclosure of the necessary information: name, phone number and the ship-to address to the carrier).
3.5 If a registered user wishes to have his/her personal data removed from the database or not to receive the previously subscribed newsletter any more, he/she notifies the administrator of the e-shop www.hiestech.com in writing or via e-mail address firstname.lastname@example.org. The electronic form of notification is also considered a written expression of disapprovement, especially when sent via contact form on page www.hiestech.com. The Purchaser is entitled to access his/her personal data and correct them if necessary (via the abovementioned contact form; he/she has also the right to ask for explanation and removal of the erroneous information as well as other legal claims to these data).
3.6 By registering on the web pages of the www.hiestech.com e-shop, the registered user expresses consent with collecting and using the basic information on his/her person and bought items. The operator of the www.hiestech.com e-shop guarantees all customers the protection of their personal data in terms of the Personal Data Protection Act No. 101/2000 Coll., and undertakes not to disclose any and all of the personal data to any third party, except for situations related to distribution or payment of the ordered goods (disclosure of the necessary information: name, phone number and the ship-to address to the carrier).
4. Shop and shopping hours
The orders via www.hiestech.com e-shop are accepted 24 hours a day, 7 days a week.
5.1 All prices are contractual. Prices in the e-shop are always up-to-date and valid. All prices are final prices, i.e. incl. VAT and all other taxes and fees that are to be paid by the Consumer after receiving the goods. This does not apply to potential costs of transportation, etc. Possible discounts cannot be combined.
5.2 Action prices are valid until the stock sellout (the number of action items must be stated) or for a pre-determined time period.
6.1 The Purchaser buys the goods for the price valid in the moment of placing the order. In case of a custom-made goods or goods out of stock, the Seller provides a confirmation of price and estimated delivery date via e-mail or phone. This price is subject to change based on current market conditions and the exchange rate of the Czech Koruna (CZK) to foreign currencies. If the Purchaser does not agree with such change, he/she does not confirm the order and the order is not fulfilled.
6.2 The order can be placed in the following ways:
• via e-shop,
• by sending an e-mail to email@example.com,
• in person in the registered office of HiES Tech s.r.o., or through a sales representative,
• by phone.
7. Withdrawal from a contract
Withdrawal from a contract by Purchaser who is also a Consumer
7.1 The Consumer is entitled to withdraw from a contract in accordance with the Sect. 53 (7) of the Civil Code within 14 days after the acceptance of goods, if the Contract has been made by means of electronic communication (not in person). If the Consumer decides to take advantage of this right, he/she must deliver the notification of withdrawal from the Contract to the Seller within 14 days after the acceptance of goods. The Seller is only entitled to the reimbursement of real costs related to the return of goods.
7.2 If the Purchaser decides to withdraw from the contract within 14 days, he/she must meet the following conditions: Send a letter (preferably e-mail to the address firstname.lastname@example.org, or written letter to the registered office of HiES Tech s.r.o.) with the following text (sample): „I seek a unilateral withdrawal from the contract made on DD.MM.YYYY, No. (invoice number) and I call for return of the paid amount to the account No. ....... / by post remittance to the address........“. Date and signature of the Purchaser.
7.3 The goods returned back to the Seller`s address must be entire, clean, in the original package, undamaged, complete (including all accessories, instructions for use, etc.), with all identification items (labels, stickers), in the condition and value as when taken over, and with a copy of the proof of purchase. If the returned goods are incomplete or damaged, the Seller can reduce the returned price by an appropriate amount (in accordance with Sect. 458 (1) of the Civil Code).
7.4 Except for the cases when the withdrawal from the contract is expressly agreed on, the Consumer cannot withdraw from the following contracts:
• on providing services, if the performance was commenced with the consent of the Consumer before expiration of the 14-day term after acceptance of fulfilment,
• on the delivery of products or services whose price depends on deviations of financial markets independently of the Seller`s will,
• on the delivery of goods adapted to the Consumer`s demands or for him personally, as well as rapidly perishable goods, goods that get easily worn out or becomes obsolete,
• on the delivery of audio and video recordings, if their original package is opened or damaged.
7.5 The Purchaser acknowledges that if the goods are shipped with giveaways, the contract of donation between the Seller and the Purchaser is concluded with the condition that in case of Consumer`s withdrawal from the contract in terms of Sect. 53 (7) Civil Code, the contract of donation ceases to apply and the Purchaser is obliged to return the purchased goods together with the related giveaways. Should the abovementioned giveaways not be returned back, this shall be considered an unjust enrichment of the Purchaser, even without further notice of this fact.
7.6 If all the abovementioned conditions of return of goods are met, the Purchaser is entitled to claim the financial amounts paid in relation to the return of goods. These amounts shall be paid back to the Purchaser within 30 days from the withdrawal from contract at the latest. If the account number is not provided, the amount is automatically made ready within the same time period to be utilized for the next purchase or withdrawn in cash against the original credit note, that shall be sent to the customer without undue delay after resolving the withdrawal from the purchase contract.
7.7 The Seller reserves the right not to accept goods that are returned C.O.D. (cash on delivery). The Seller recommends to have the goods insured and send them by registered post. The address for returning goods: Bdeněves 184, 330 32 Kozolupy, Czech Republic. In case of non-compliance with any of the conditions stated above, the Seller is entitled to reject the returned goods or proportionally reduce the price that will be paid back. If the goods were shipped with a giveaway, this giveaway must be also returned under the abovementioned conditions.
7.8 The right to withdraw from the contract does not apply to the delivery of goods adapted to the Consumer`s demands or ordered for him personally by Consumer`s request, that were not in stock in the time of order placement, and other goods that get depreciated on use and cannot be put back to the original state before purchase.
7.9 If the Purchaser claims withdrawal from the contract, he/she must ensure that the package material is not at the same time the outward packing of the consignment, because the package material can be damaged during transport. The Seller reserves the right not to accept such depreciated goods.
7.10 If the Purchaser withdraws from the contract and claims the return of the amount paid for goods, this amount shall be reduced by the costs incurred to the Seller in connection with the transport, packing and bank transfer.
Withdrawal from the contract by the Purchaser – business/enterprise
7.11 If the Purchaser is a business/enterprise, the provisions of Sect. 436 and subs. of the Act No. 513/1991 Coll. (Commercial Code and as amended) apply. The Seller can make an offer to the Purchaser to terminate the purchase contract depending on the condition of the returned goods, the foregone warranty and the current price of the returned goods. The condition of the goods shall be evaluated by the Seller. If the parties do not agree on conditions acceptable for both of them, the goods shall be returned at the Seller`s expense. The Seller is entitled to charge the Purchaser for other relevant costs.
7.12 If a credit note is made, the Purchaser may be asked to submit his/her identity card, for the purpose of protecting the property rights of the Purchaser. By submitting the identity card, the Purchaser gives consent to the processing of his/her personal data according to Article II. (personal data in terms of Sect. 4 (a)) of the Personal Data Protection Act No. 101/2000 Coll.).
8 Information about the products in e-shop
Information about the products sold in the www.hiestech.com e-shop of the Seller serve for illustration purposes only and their individual details can differ from the delivered goods.
9 Terms of payment
9.1 The Seller accepts the following payment methods:
• credit advance transfer to the account of the Seller or payment made via e-banking interface to the account of the Seller,
• cash on delivery (the payment is made in cash to the carrier or an authorized person – the Purchaser pays an extra cash on delivery fee)
• payment on invoice with a due date
9.2 Until fully paid and accepted, the goods stay in possession of the Seller, however, the risk of damage to the goods passes to the Purchaser in the moment of acceptance of goods.
9.3 The bank transfer and crediting the payment to the account of the Seller may take 1-5 days. When the total amount is fully credited to the account of the Seller, the stock goods are shipped. The stock goods are reserved in the moment of order creation; the goods not currently on stock are ordered.
9.4 The stock goods are reserved for max. 7 days. If the total amount is not credited to the account of the Seller within this term and if the Seller and the Purchaser have not agreed on otherwise, the order will be canceled after this time without prior notice.
10 Delivery terms
10.1 Shipping via carrier – UPS:
The stock goods shall be shipped to the Purchaser on the day of receipt of the total amount to the account of the Seller, or on the first subsequent working day. The amount of shipping charges is determined online, according to the ship-to address where the goods are to be delivered. The Seller informs the Purchaser about the shipment of the ordered goods via e-mail or SMS with a link to the shipment tracking site. The delivery terms are governed by the terms of the UPS carrier. If the consignee is not reached on the ship-to address provided, he/she agrees with the carrier on individual delivery. The consignment can be stored at the carrier depot for max. 10 days. If it is not delivered or picked up, it is returned to the Seller`s address after 10 days. The Seller is eligible to charge the carriage in case of re-shipment. The carriage fee is governed by the price list on the date of order.
10.2 If the Purchaser is a business/enterprise, it is obliged to check the state of the consignment together with the carreer (the number of packages, integrity of label with logo, possible damage of the box) according to the enclosed carriage document (this procedure is recommended also to the Purchasers – end consumers). The purchaser is entitled to refuse to take delivery that does not comply with the purchase contract, i.e. it is incomplete or damaged. If the purchaser takes such consignment from the carrier, it is necessary to describe the damage in the delivery certificate of the carrier.
10.3 Incomplete or damaged consignment must be immediately reported by e-mail to the email@example.com, the damage report must be completed with the carrier and sent without undue delay by e-mail or regular post to the Seller. Additional claim for incompleteness or outer damage to the consignment does not disentitle the Purchaser from any claim for damage, however, it enables the Seller to prove that there is no conflict with the purchase contract.
10.4 The Seller reserves the right to change the method of carriage, especially for temporal reasons; the change of the carriage fee depends on the agreement between the Seller and the Purchaser. It is recommended to request the information regarding the non-stock goods via firstname.lastname@example.org e-mail or by phone – number +420 777 801 708.
11. Transport claim
11.1 The consignee (not only the Buyer) is obliged to inspect the consignment and accept it only if it is not damaged in any way. He/she should never sign the delivery note before a thorough inspection of goods, even under the packaging! In case of damage, a damage report must be completed with the carrier. The copy of the damage report received from the carrier must be e-mailed to the address email@example.com or by regular mail to the registered office of the Seller, with photographs, if possible. The claims for mechanical damage to the goods after signing the delivery note cannot be taken into consideration, with respect to the transport conditions of the carrier.
12 Warranty terms
The warranty terms are governed solely by the Complaints Procedure Rules of the Seller.
13 Concluding provisions
13.1 These General Terms and Conditions are valid and effective from 1 July 2013 and they shall supersede any and all previous general terms and conditions, provisions and practices. The Seller reserves the right to change these General Terms and Conditions without prior notice. The changed Terms and Conditions shall be duly published on the web pages www.hiestech.com.
13.2 The legal relations between the Seller and the Purchaser not expressly defined in these GTC shall follow the appropriate provisions of the Commercial Code (if the Purchaser is a business or enterprise) or the Civil Code (if the Purchaser is also Consumer), as well as any and all related provisions.