Terms and Conditions

Hašpl a.s.

Terms and Conditions
of the company Hašpl as
for the sale of goods through the on-line shop located on the Internet address  https://www.haspl.cz
 

1.Introductory provisions
2.Subject of contractual relationship
3.Ordering method, order acceptance
4.Purchase price and payment terms
5.Costs associated with the transport of goods and packaging
6.Delivery of goods
7.Responsibility for defects
8.Warranty
9.Acquisition of title and transfer of risk of damage
10.Protection of personal data
11.Copyright
12.Consumer's right of withdrawal without giving reasons
13.Other rights and obligations
14.Final Provisions
 

 

1. Introductory provisions
1.1. These General Business Terms and Conditions of Hašpl as, IČ: 27466663, registered office at Ke Koupališti 172, 549 32 Velké Poříčí, registered in the Commercial Register at the Regional Court in Hradec Králové in Section B, File No. 2417 (hereinafter referred to as “Hašpl”) rights and obligations of the parties that arise in connection with the purchase agreement concluded between the seller and individual buyers through the seller's online store. The e-shop is operated on the Internet address https://www.haspl.cz

1.2. Interpretation of terms:
GTC: general business conditions of Hašpl as
e-shop: e-shop: Hašpl as
e-shop website : http://www.haspl.cz/
seller: trading company Hašpl as
buyer consumer: buyer individual, non-entrepreneur
Buyer Entrepreneur: Buyer is a natural or legal person doing business under the Trade Licensing Act or another special law, as well as state institutions and organizations.
goods: goods offered, respectively. sold through the e-shop website.

1.3. The GTC govern differently the rights and obligations for buyers of consumers and differently for buyers of entrepreneurs.

1.4. Legal relations between the seller and the buyer are governed by the GBC, the Civil Code No. 89/2012 Coll., The Consumer Protection Act No. 634/1992 Coll. and other related legislation.

1.5. Legal relations between the seller and the buyer are governed by the GBC, the Civil Code No. 89/2012 Coll., The Business Corporations Act No. 90/2012 Coll. and other related legislation.

1.6. In the case of different rights and obligations for purchasers of consumers and buyers of entrepreneurs, these are regulated differently in the GTC below.

1.7. In the case of the same rights and obligations for both consumers and business buyers, these are hereinafter referred to collectively as buyers.

1.8. The GTC are an integral part of each purchase contract, which is concluded electronically on the e-shop website.

1.9. The purchase contract is concluded in the Czech language. The seller archives the concluded purchase contract for a period of at least two years from its conclusion, but no longer than for the period according to the relevant legal regulations. The Purchase Agreement is not accessible to third parties. If the buyer of the seller by e-mail or telephone requests to send an archived purchase contract, the seller will do so without undue delay and send it to the buyer's e-mail address. Information on the individual technical steps leading to the conclusion of the purchase contract is evident from the provisions of these GTC.

1.10. The seller is a VAT payer and is obliged to issue a tax document (invoice) for each accepted order.

 

2. Subject of the contractual relationship
The subject of the contractual relationship between the seller on the one hand and the buyer on the other is the sale of goods. The list of offered goods can be found on the e-shop website.

 

3. Ordering method, order acceptance
3.1. The e-shop website contains a list (catalog) of goods, which is an offer to conclude a purchase contract and at the same time a proposal to deliver goods for a specified purchase price.

3.2. The buyer is entitled to order goods from this catalog at any time through the e-shop. In the order, the buyer is obliged to state his contact e-mail address. Until the order confirmation is binding, the buyer is entitled to check and change the input data specified in the order. The data provided by the buyer in the order are considered complete, correct and binding for the purposes of the contractual relationship of the parties to the purchase contract.

3.3. The seller is obliged to immediately confirm the receipt of the order by the buyer by e-mail to his e-mail address specified in the order.

3.4. The contractual relationship between the seller and the buyer (purchase contract) arises at the moment when the seller receives the order.
The purchase contract is not concluded if the ordered goods are either sold out before the buyer accepts the offer or if the seller loses the ability to perform. In this case, the seller is not obliged to deliver the ordered goods to the buyer. The seller will inform the buyer of this situation without undue delay to his e-mail and propose a replacement solution.

3.5. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer in connection with the use of these funds shall be borne by the Buyer himself.

 

4. Purchase price and payment terms
4.1. The buyer receives the goods for the price valid at the time of ordering. Valid prices are listed directly for the specific product. This price will be stated in the order and in the message confirming receipt of the order. Prices of goods are given in Czech crowns and in foreign currencies, excluding VAT and VAT.

4.2. The seller reserves the right to change the purchase price. If such a change occurs between the execution of the order and the delivery (handover) of the ordered goods, the purchase price specified in the order always applies.

4.3. The Buyer is obliged to pay the Seller together with the purchase price also the costs associated with the delivery of the goods specified in Article 5 of the GBC.

4.4. When ordering the goods, the buyer chooses one of the following delivery methods and payment methods for the purchase price and delivery costs:

a) at the  delivery point of the seller, the buyer shall make a payment in cash against receipt of goods

b) cash on delivery at the place specified by the buyer in the order - the buyer makes a cash payment upon delivery of the goods,

c) bank transfer to the seller's bank account. An invoice will be issued when the amount is credited to your account. The buyer fulfills the obligation to pay the purchase price at the moment when the purchase price is credited to the seller's account.

4.5. If the buyer fails to make the payment in the manner specified in point 4 (a). c) of this Article within 5 days after the due date stated on the pro forma invoice, the seller is entitled to withdraw from the contract. The Seller is obliged to deliver the withdrawal to the Buyer by e-mail stating the reason for the withdrawal.

 

5. Costs associated with the transport of goods and packaging
5.1. The seller is obliged to pack the goods in a protective packaging in the usual way for the given method of transport so as to prevent damage to the goods.

5.2. When ordering goods, the buyer chooses one of the following delivery methods:

a) personal delivery of goods at  the Seller's collection point

(b) the delivery of goods through a shipping service . For orders over 5000, - excl. VAT (6050, - incl. VAT) shipping is not charged. For wholesale customers, the amount for free shipping is individual.

 

6. Delivery of goods
6.1. The seller is obliged to deliver the goods to the place specified by the buyer in the order as the place of delivery. The buyer is obliged to take over the ordered goods. If the buyer does not take over the goods upon delivery, the seller is entitled to withdraw from the purchase contract.

6.2. In the event that due to reasons on the side of the buyer repeated delivery of goods, or delivery in other way than specified in the order, the buyer is obliged to pay the associated increased costs.

6.3. When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and confirm that the shipment has taken over intact, or indicate the defects found. In case of breach of the package, which indicates unauthorized entry into the consignment, the buyer is entitled to refuse to accept the consignment. Any later complaint about the breach of the package will not be taken into account.

6.4. The seller delivers the goods as soon as possible, subject to availability and operational possibilities. Goods, which are listed in the catalog "in stock", is normally delivered within 3 working days:
- from crediting the purchase price to the seller's account in the case of cashless payment in advance
- from accepting the order in cash on delivery.

6.5. If the ordered goods cannot be delivered within the aforementioned term, the seller is obliged to inform the buyer without undue delay and propose to him later delivery of the goods. If the buyer does not agree with the later delivery of the goods, he has the right to withdraw from the contract.

6.6. The Seller shall not be liable for any damage caused by delay in delivery of goods caused by the carrier.

 

7. Liability for defects
7.1. The seller is obliged to deliver the goods in the quantity, quality and design specified in the purchase contract. In case of breach of these obligations the goods are defective.

7.2. The buyer's right from defective performance constitutes a defect that the goods have when passing the risk of damage to the buyer, even if it becomes apparent later. The Buyer's right shall also be established by a later defect caused by the Seller in breach of its obligation.

7.3. The Buyer does not have the rights of defective performance if it is a defect, which he had to recognize with the usual attention already at the conclusion of the contract. This does not apply if the seller has assured him expressly that the goods are free from defects or if he defects the defect cunningly.

7.4. The buyer shall, as far as possible, inspect the goods as soon as the risk of damage has passed to the goods and ascertain their properties and quantity.

7.5. Conditions for a proper claim:

7.5.1. In the event that a defect occurs during the warranty period, the Buyer is entitled to make a complaint without undue delay after its discovery,
- in person or in writing, at Hašpl as, Ke Koupališti 172, 549 32 Velké Poříčí, or
- in writing using the form at http://www.haspl.cz/reklamace/.
In the complaint, the buyer shall state the reason (description of the defect) and clearly indicate the defect.
The Seller is obliged to hand over the complaint protocol to the Buyer immediately after receiving the complaint - confirmation of when the Buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires. If the Buyer fails to state in the complaint what method of complaint settlement is required, the Seller shall state in the Complaint Protocol that the Buyer did not specify the method of handling the complaint and at the same time instructs it in accordance with paragraphs 7 and 8 of this article. In the case of a personal complaint, the complaint protocol is issued immediately;

7.5.2. In order to properly lodge a complaint, it is necessary for the buyer to hand over the complained goods at the address Hašpl as, Ke Koupališti 172, 549 32 Velké Poříčí, or send it to this address without undue delay after lodging the complaint to the seller in a package that prevents its damage during transport, clean and complete.
Goods within the complaint can not be sent to the seller cash on delivery - such a shipment will not be accepted and will not be considered as sending goods.

7.5.3. Along with the claimed goods, the buyer is obliged to hand over, respectively. send him a copy of the proof of purchase, invoice or other document proving the purchase of goods with the seller and give his contact for e-mail or telephone communication. At the same time, the seller is obliged to inform the seller of the address to which the goods should be returned after the claim, or the bank account where the required discount should be paid or the purchase price refunded.

7.5.4. In the event that the buyer does not make a claim as described above, he will not be entitled to a defective performance.

7.6. The Seller or an employee authorized by the Seller shall decide on the claim immediately, in more complicated cases within three working days from the date of its proper application. This period does not include a reasonable time depending on the type of product needed for expert assessment of the defect.

7.7. If the defective performance constitutes a material breach of the contract, the buyer has the right to
a) remove the defect by delivering new goods without defect or delivering the missing goods,
b) or remove the defect by repairing the goods,
c) or a reasonable discount on the purchase price,
d) or withdraw from the contract.
The choice of right cannot be changed by the Buyer without the Seller's consent; this does not apply if the buyer asked for repair of the defect, which proves to be irreparable. If the Seller fails to remedy the defects within the time limit specified in point 12 of this Article or if the Buyer notifies the Buyer that it will not remedy the defects, the Buyer may request a reasonable discount on the purchase price or withdraw from the contract. If the buyer fails to state in the complaint what right he has chosen and does not do so without undue delay after being informed about his rights under the complaint protocol, he can assert rights of defect only according to point 8 of this article.

7.8. If the defective performance is an insignificant breach of the contract, the buyer has the right
a) to remove the defect,
b) or a reasonable discount on the purchase price.
Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may deliver what is missing or remedy the legal defect. Other defects can be removed by the seller of his choice by repairing the goods or delivering new goods. If the Seller fails to remedy the defect of the goods within the period specified in point 12 of this Article or refuses to remove the defect, the Buyer may claim a discount from the purchase price or may withdraw from the contract. The buyer cannot change the choice without the seller's consent.

7.9. The buyer cannot withdraw from the contract or demand the delivery of new goods if he cannot return the goods in the state in which they were received. This shall not apply:
a) if the condition was changed as a result of an inspection for defects,
b) or if the buyer used the goods before the defect was discovered,
c) or if the buyer did not cause the goods to be returned
d) or if the buyer sold the goods before the defect was discovered, consumed it or altered it in normal use; if this has only been done in part, the buyer will return to the seller what he / she can return and give the seller compensation to the extent that he / she benefited from the use of the goods.

7.10. If the buyer claims the rights of defective performance and if his claim is justified, he is also entitled to reimbursement of costs effectively incurred in exercising this right. However, the buyer must exercise the right to reimbursement of costs reasonably incurred within one month after the expiry of the period during which the defect of the goods can be criticized.

7.11. Seller is not liable for defects if the
buyer of goods damaged when he used contrary to the purpose for which the goods were produced,
the goods are mechanically damaged
goods buyer inexpertly repaired, installed, she treated him and served him,
changing the characteristics of the goods due wear, when it was used excessively buyer or used in breach of the conditions specified in the manual and warranty card,
the buyer of goods insufficiently or inadequately maintained,
the buyer has changed the parameters of the goods,
the goods were damaged by natural disasters,
defects complaints already applied a discount.

7.12. The seller is obliged to settle the claim within 30 days from the date of proper claim, unless agreed with the buyer on a longer period. A futile expiry of the period is considered a substantial breach of the contract. The Seller is obliged to issue to the Buyer a confirmation of the date and method of settlement of the complaint, including any confirmation of repair and its duration after the complaint has been settled.
If the complaint is rejected, the seller is obliged to justify its decision in writing.
The Seller shall send the confirmation of the claim settlement together with the claimed goods to the address stated in the claim.

 

8. Warranty
8.1. In case the goods are purchased by the consumer, the seller declares that the warranty period is 24 months.
In case the goods are purchased by the entrepreneur, the seller declares that the warranty period is 12 months. The warranty period begins on the date of receipt of the goods by the buyer.

8.2. The Buyer is not entitled to a guarantee if the defect caused by the transfer of the risk of damage to the goods to the Buyer caused an external event. This does not apply if the seller caused the defect.

8.3. This warranty applies only to Czech buyers.

 

9. Acquisition of title and transfer of risk of damage
9.1. The buyer acquires title to the goods by paying the full purchase price and the costs associated with the delivery of the goods.

9.2. The risk of damage passes to the buyer upon receipt of the goods. The same consequence occurs if the buyer does not take over the goods, although the seller has allowed him to dispose of it.

 

10. Protection of personal data
10.1. Privacy information here.

11. Copyright
11.1. All texts, images, audio and other data files as well as the design of the e-shop pages are protected by Act No. 121/2000 Coll., Copyright Act.

11.2. These materials may not be copied, reproduced, modified or redistributed in any form without the Seller's prior written consent. Unauthorized use of materials from the e-shop site will be understood as a violation of the law and unauthorized interference with the seller's copyright and property rights.

 

12. Right of the consumer buyer to withdraw from the contract without giving reasons
12.1. The Buyer Consumer is entitled to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code within 14 days without giving reasons. The period starts from the date of conclusion of the contract and in the case of
a) the purchase contract, the date of receipt of the goods,
b) an agreement with the object of several kinds of goods or the supply of several parts, from receipt of the final delivery of the goods, or
c) an agreement with the object is a regular repeated delivery of goods, from the date of receipt of the first delivery of goods.
At the beginning of the period, it is irrelevant whether the goods were taken over by the consumer himself or by a third party designated by him, other than the carrier.

12.2. Withdrawal from the contract must be made in writing and sent or handed over to the seller Hašpl as, IČ: 27466663, with its registered office at Ke Koupališti 172, 549 32 Velké Poříčí to the following address: Hašpl as, Ke Koupališti 172, 549 32 Velké Poříčí.

12.3. In the withdrawal, the consumer buyer is obliged to state the order number, the order date and whether he wants to return the money in a way other than the way it was paid. If the buyer does not specify the method of returning the money in the withdrawal, but specifies its bank details, the seller will consider the buyer's consent to the refund by means of cashless transfer to this account.

12.4. The buyer consumer can use the standard withdrawal form for withdrawal from the contract, which is available for download in the Documents section of the e-shop website - see the link https://www.haspl.eu/soubory-ke-stazeni/ . The buyer can fill out this form and send it electronically to the seller's e-mail haspl@haspl.cz . In this case, the seller is obliged to confirm its receipt. In order to comply with the withdrawal period, it is sufficient to send the withdrawal before the end of the relevant period laid down in point 12.1.

 

12.5. If the buyer withdraws from the contract, he will send or hand over to the seller Hašpl as, ID: 27466663, with its registered office at Ke Koupališti 172, 549 32 Velké Poříčí, all goods received from him to Hašpl as, Ke Koupališti 172, 549 32 Velké Poříčí, without undue delay, no later than fourteen days after withdrawal.

12.6. If the buyer withdraws from the contract, the seller shall return to him, without undue delay, no later than fourteen days after the withdrawal, all payments received from him, including the costs associated with the delivery of goods. This obligation does not apply to costs incurred as a result of the consumer's choice of delivery method other than the standard delivery method offered by the seller. If the Buyer has not returned the Seller to the Seller, the Seller shall be entitled to return all payments only after receiving the returned goods or after the Buyer proves that he has shipped the goods.
The Seller shall use the same means of payment used by the Buyer to refund, unless the Buyer expressly specifies otherwise. If the Buyer Consumer specifies another method for refunding the Seller, the Seller shall not require the Buyer Consumer to incur any additional costs as a result of a change in the method of refund.

12.7. The direct costs of returning the goods (ie costs other than the costs of delivery), if the goods cannot be returned by normal mail by reason of their nature (size), will be borne by the purchaser. The maximum costs are estimated at CZK 5,000.

12.8. Returned goods must be undamaged and properly packaged so that they are capable of resale. The Buyer shall be liable for any diminution in the value of the returned goods as a result of the handling of the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality. In the case of returning the damaged goods, the Seller is entitled to demand reasonable compensation from the Buyer. The Seller is entitled to unilaterally set off the claim for damages against the consumer's claim for a refund of the purchase price.

 
13. Other rights and obligations
13.1. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No .: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.

13.2. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

 
14. Final provisions
14.1. In the event that any provision of the GBT proves invalid or unenforceable, the remaining provisions shall remain valid.

14.2. The Seller may amend or amend the wording of the GTC. This provision shall not affect the rights and obligations arising during the effective date of the previous version of the GBTC.

14.3. By sending the order, the Buyer confirms that he has been acquainted with the Seller's GBC and expresses his consent.

14.4. It is in the interest of the Contracting Parties to settle any complaint by extrajudicial agreement. If the buyer considers that his rights have been violated by the seller, he can address his complaint to the seller via the email address haspl@haspl.cz. Based on the complaint sent, the Seller shall carry out an internal investigation and ascertain the relevant circumstances relating to the matter. The Seller shall send a report with the result of the investigation to the Buyer Consumer at his / her email address no later than 15 days from the date of receipt of the complaint. In the event that the seller discovers a fault on his part, he shall propose a remedy to the buyer in this report. In the event that the consumer buyer accepts the remedy, the matter is settled to both sides. If the buyer does not accept it and there is no mutual agreement, the Buyer Consumer may file a complaint with the Czech Trade Inspection Authority. In the event that the Parties fail to reach an amicable settlement of their disputes, either of them may apply to the competent court.

14.5. The Seller is obliged to adhere to the Code of Conduct which is posted on the e-shop website - see: http://www.haspl.cz/kodex-chovani/.

14.6. Relationships and any disputes arising under the contract will be settled exclusively under the applicable law of the Czech Republic and will be settled by the courts of the Czech Republic. This is without prejudice to cases where the purchaser of the consumer will be habitually resident in a country other than the Czech Republic and the choice of law or prorogation of the court will not be permitted.

14.7. These GBT enter into force on 1.2.2018.

 
In Velké Poříčí on 1.2.2018

Karel Langr - Chairman of the Board of Directors Hašpl as