Terms and Conditions for e-shop Hell.cz

The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as the "Terms and Conditions").

1. Definition

   1. In these Terms and Conditions.

      1. "E-shop" means a computer program – an Internet application that is available on the Internet via the Internet address of the www.hell.cz, the main functionality of which is the display, selection and ordering of goods by the User;
      2. "Purchase Contract" means a purchase contract within the meaning of the provision. § 2079 et seq. Of the Civil Code concluded between the Operator as the seller and the User as the buyer through the E-shop;
      3. "Shopping Cart" means the part of the E-shop that is automatically generated by activating the relevant functions by the User as part of his actions in the E-shop user interface, in particular by adding or removing the Goods and/or changing the quantity of the selected Goods;
      4. "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended;
      5. "Operator" means Hell.cz, s.r.o., Company ID: 27134954, with its registered office at Přístavní 1315/7, 170 00 Prague 7;
      6. "Access Data" means the unique login name and the password assigned to it entered by the User into the E-shop database during Registration;
      7. "Registration" means the electronic registration of the User in the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and access data and their subsequent storage in the E-shop database;
      8. "Consumer" means the User – a person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a Contract with the Operator or otherwise deals with him;
      9. "User" means any legal or natural person who uses the E-shop;
      10. "User Account" means the part of the E-shop that is established by registration for each user (i.e. it is unique for each User) and made available after entering the Access Data;
      11. "Goods" means a thing offered by the Operator for sale to the User through the E-shop and, if offered for the Goods, a license to use this item;

2. Information for Consumers before the conclusion of the contract

   1. With regard to the price of the Goods and shipping costs and other charges, the following shall apply:

      1. The prices of the goods provided, the services provided and the licensed content are stated on the website including and without VAT, including all fees stipulated by law, however, the cost of delivery of the goods or services varies according to the chosen method and provider of transport and the method of payment. The agreed price does not include any payments, fees or other rewards that the User must incur on services provided by third parties in connection with the payment of the agreed price; such costs shall be borne exclusively by the User.
      2. In the event of withdrawal from the contract, the Consumer shall bear the costs associated with the return of the Goods and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if these goods cannot be returned by the usual postal route due to their nature.

   2. In the event that the subject of the contract is the supply of digital content that will not be delivered on a tangible medium, the Consumer gives explicit consent to the delivery of such content before the expiration of the statutory withdrawal period.

   3. For withdrawal from the contract, the following applies:

      1. The consumer has according to the provisions of § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.
      2. Please send your withdrawal from the contract at your own expense to the Operator at the address Hell.cz, s.r.o., Přístavní 1315/7, 170 00 Prague 7.
      3. The Consumer is obliged to send it back to the Operator without undue delay, no later than 14 days from the date of withdrawal from the Given Purchase Contract, or to hand it over to the address of the Operator's establishment or registered office. The deadline is considered to be maintained even if the Goods are sent to the Operator no later than the last day of the above period.
      4. The consumer may not withdraw from the contract within the meaning of Section 1837 of the Civil Code:
         1. on the provision of services, if they were fulfilled with his prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
         2. on the supply of goods or services the price of which depends on financial market fluctuations independently of the will of the entrepreneur and which may occur during the withdrawal period,
         3. on the supply of goods that have been modified according to the wishes of the consumer or for his person,
         4. on the delivery of sealed goods that the consumer has removed from the packaging and cannot be returned for hygienic reasons,
         5. the supply of an audio or video recording or a computer program if it has broken its original packaging,
         6. on the supply of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract.
      5. The consumer is obliged to pay a proportional part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun.
      6. If the Consumer withdraws from the Purchase Agreement, he is obliged to provide in writing the number of his bank account for the refund of the purchase price for the Goods, which may be humiliated if the legal reasons for this are met.
      7. If the Consumer withdraws from the Purchase Contract in respect of Goods that are returned to the Operator damaged and/or worn, especially if the original markings of the Goods (i.e. signs, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for the costs of restoring the Goods to their original state.
      8. The form for withdrawal from the Purchase Contract is attached as Annex No. 1 to these Terms and Conditions.

   4. The Consumer is liable to the Operator for the decrease in the value of the Goods as a result of handling these goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.

   5. The operator uses the possibility of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the e-mail address [email protected]. It is possible to turn to a supervisory authority or state supervision. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions laid down by the relevant legal regulations.

3. Contract conclusion process

   1. Through the E-shop, the Operator offers users the purchase of Goods by indicating the designation of the Goods, detailed information about the characteristics of the Goods, the price of the Goods including value added tax and all related fees, transport costs and, if applicable, the cost of returning the Goods, if this cannot be returned by its nature by the usual postal transport.

   2. To order Goods, the User inserts the ordered Goods into the Shopping Cart of the E-shop by clicking on the "Add to Cart" button on the graphic icon of the cart or on the button with a similar meaning. Subsequently, they fill in the order form, which contains in particular information about:

      1. the ordered Goods;
      2. the method of payment of the purchase price;
      3. the method of delivery / delivery of the ordered goods, while being informed of the costs associated with such delivery / delivery,

hereinafter referred to as the "Order".

• 1. Before sending the Order, the User is entitled to check the Order and change its content and the data he has filled in.
  2. The User undertakes to fill in the relevant text fields in the User Account or in the Order with true and complete information, in particular his/her e-mail address, telephone number, identification data and, if applicable, the delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not entitled to check the entered data.
  3. The User sends the order to the Operator by clicking on the button marked "Complete the order" or "Send order" or on the button with a similar meaning.
  4. Immediately after receiving the Order, the Operator shall confirm this receipt to the User by e-mail to the User's address specified in the User Account or in the Order.
  5. The Operator is entitled to ask the User for additional confirmation of the Order.
  6. The Purchase Agreement between the Operator and the User is concluded upon delivery of the acceptance of the Order (proposal to conclude a contract), which is sent to the User in accordance with 3.6 of these Terms and Conditions.
  7. The user agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred in connection with the conclusion of the purchase contract are borne by the user himself, while these costs do not differ from the basic rate.
  8. All Goods presented within the user environment of the E-shop are only informative and the Operator is not obliged to conclude a Contract regarding these Goods. The provisions of § 1732 para. 2 of the Civil Code does not apply.

1. Contract of sale

   1. Upon conclusion of the Purchase Agreement, the following provisions come into effect:

      1. The User purchases from the Operator the Goods that the User has chosen in the user environment of the E-shop by inserting them into the Shopping Cart, in the amount that the User has chosen and/or set up for the given Goods in the E-shop user interface, and the User undertakes to pay the Operator the price for the goods that is specified for such Goods in the E-shop user interface.
      2. The Operator has the right to withdraw from the Purchase Contract until the Moment of Sending the Goods to the User, for any reason or without giving any reason. Withdrawal from the Purchase Contract is also considered to be a legal act of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him.
      3. The method of packaging the Goods is determined exclusively by the Operator; The provisions of Section 2097 of the Civil Code are hereby excluded.
      4. The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount specified for the given Order in the user environment of the Portal.
      5. The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and possibly other monetary benefits to the Operator.
      6. If any of the payment methods contains information about the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are specified for the given payment in the user interface of the E-shop.
      7. In the case of cashless payment by bank transfer, the User is obliged to provide a variable symbol specified by the Operator.
      8. In the case of cashless payment, the User's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Operator's bank account.
      9. The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined with each other, unless expressly stated otherwise.
      10. The purchase price for the Goods does not include any payments, fees or other rewards that the User must incur on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the user's costs.
      11. The Operator reserves the ownership right to the Goods, which is the subject of the Purchase Agreement, until the full payment of the purchase price for the Goods by the User.
      12. The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Contract. All deadlines for delivery of the Goods specified in the user interface of the E-shop are only indicative.
      13. The Operator shall always send the User a tax document – an invoice in electronic form to the User's e-mail address entered during the order in the E-shop User Interface.
      14. If a gift is provided to the User by the Operator together with the Goods, the donation agreement between the User and the Operator is concluded with the condition that if the Purchase Agreement is terminated (e.g. for withdrawal from the Purchase Contract), the given donation contract expires without further ado together with the Purchase Contract and the User is obliged to return the gift provided to the Operator together with the goods.
      15. The Operator provides the User with a warranty for the Goods if the warranty period is specified for the Goods in the E-shop user interface for the duration of the warranty period, whereas the warranty stated in this way applies only to the Consumer.
      16. The User is entitled to exercise the right to withdraw from the contract and the right from defective performance with the Operator at the address of its registered office or establishment. The moment of making a claim is considered to be the moment when the Operator received the claimed Goods from the User.
      17. If, within the user interface of the E-shop, the Goods are stated to be used, the User purchases the Goods in the used state, including the stated defects of such Goods.
      18. Risk of loss, damage and/or destruction of the Goods that are the subject of the Purchase Agreement. passes to the User, who is a Consumer, at the moment of receipt of the goods by the User.
      19. The risk of loss, damage and/or destruction of the Goods that are the subject of the Contract passes to the User, who is not a Consumer, at the moment of receipt of the goods by the User.

2. User account

   1. The User has the right to set up a User Account by Registering.
   2. The User is obliged to enter the Access Data before entering the User Account.
   3. The User's identification data entered during Registration shall be deemed to be the data entered when ordering each Good that the User makes after logging into their User Account.
   4. The User may not provide third parties with Access Data or any other access to the User Account. The user is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for damage thus caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to inform the Operator of this fact without delay. The Operator shall provide the User with new access data within a reasonable period of time.
   5. In the case of User Registration, the conditions of the provision are fulfilled. § 1752 para. 1 of the Civil Code and the Operator is entitled to unilaterally change these Terms and Conditions; notify the User of the change through the E-shop and/or by e-mail message to the User's e-mail address entered into the E-shop database. The User has the right to reject changes to the Terms and Conditions within 3 days from the first login to the User Account after notification of the change in the Terms and Conditions (if delivery is through the E-shop) or from the delivery of the e-mail message to the User's e-mail box (if delivered by e-mail) and the obligation for this reason to terminate the 3 days at notice, which the contracting parties agree, that it is sufficient to procure similar services from another supplier.

3. Complaints Procedure

   1. The Operator is liable to the Consumer that the Goods are free of defects upon receipt.
   2. If the Goods contain defects, the Consumer has the right to request the delivery of new Goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the Goods, the Consumer may only request the replacement of the part; if this is not possible, he has the right to withdraw from the Purchase Contract.
   3. The Consumer has the right to the delivery of new Goods or the replacement of a part even in the event of a removable defect, if he cannot properly use the Goods due to the repeated occurrence of the defect after repair or for a greater number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Contract.
   4. If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to the delivery of new Goods without defects or to the replacement of their part or to the repair of the Goods, he may request a reasonable discount. The Consumer has the right to a reasonable discount even if the Operator cannot deliver new Goods without defects, replace their part or repair the Goods, as well as if the Operator fails to remedy the situation within a reasonable time or if the remedy would cause significant difficulties for the Consumer.
   5. The right of defective performance does not belong to the Consumer if the Consumer knew before taking over the Goods that the Goods had a defect or if the Consumer himself caused the defect.
   6. The Operator's liability for defects in the Goods does not apply to the wear and tear of the Goods caused by their normal use, in the case of Goods sold at a lower purchase price to a defect for which a lower purchase price was agreed, in the case of used Goods to a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Consumer, or if this results from the nature of the Goods.
   7. If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance within the warranty period.
   8. Complaints about the Goods, including the removal of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer has the same rights as if it were a material breach of the Contract.
   9. The period for settling the complaint is suspended if the Operator has not received all the documents necessary for the settlement of the complaint, until the given documents are delivered.
   10. The Operator or an entity designated by the Operator shall, after the proper settlement of the complaint, invite the Consumer to take over the repaired Goods.
   11. The right to exercise the rights arising from defects of the Goods expires in the event of improper assembly or unprofessional commissioning of the Goods, as well as in the case of improper handling of the Goods, i.e. especially when using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.

4. Privacy Policy

   1. The operator is obliged by law to protect and secure the personal data provided. The operator therefore uses various effective security technologies to protect personal data from unauthorized disclosure or use.
   2. More detailed information on data protection can be found in the Privacy Policy here: https://hell.cz/gdpr/

5. Use of the E-shop

   1. The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner foreseen by these Terms and Conditions.
   2. The operator has the right to change the E-shop, i.e. its technical solution and/or user interface.
   3. The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time strictly necessary for the purpose of maintenance or repair of the E-shop or other reason on the part of the Operator or a third party.
   4. When using the E-shop, the User is obliged to comply with the valid and effective legal regulations of the Czech Republic and the European Community. The User is obliged to compensate for any damage that would be incurred by the Operator or third parties in full.
   5. In the event of a breach of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.

6. Declaration of the Operator

   1. The operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
   2. Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which grossly does not correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User and informs him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price, and if this does not happen, the Purchase Contract is canceled from the beginning.
   3. The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression as a result of their transfer to the display in the User's technical means, therefore the User is always obliged to familiarize himself with the full description of the Goods and, in case of doubt, contact the Operator.
   4. The Operator's contact details for communication with the User are listed in the E-shop user interface in the Contact section.

7. Governing Law

   1. These Terms and Conditions, as well as the Purchase Agreement, are governed by the laws of the Czech Republic, in particular the Civil Code.

8. Effectiveness

   1. These Terms and Conditions come into effect on 1 October 2021.