Business conditions for the Hell.cz e-shop

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 business conditions (hereinafter referred to as the “Business Conditions”).

1 Definitions

1.1 In these Business Conditions.
1.1.1 “E-shop” means a computer program – an Internet application that is available on the Internet via the Internet address www.hell.cz, the main functionality of which is the display, selection and ordering of goods by the User;
1.1.2 “Purchase contract” means a purchase contract in the sense of the provisions of § 2079 et seq. Of the Civil Code concluded between the Operator as the seller and the User as the buyer through the E-shop;
1.1.3 “Shopping Cart” means a part of the E-shop, which is automatically generated by the activation of the relevant functions by the User within his actions in the user environment of the E-shop, in particular by adding or removing Goods and / or changing the quantity of selected Goods;
1.1.4 “Civil Code” means Act No. 89/2012 Coll., The Civil Code, as amended;
1.1.5 “Operator” means the company Hell.cz, s.r.o., IČ: 27134954, with its registered office at Přístavní 1315/7, 170 00 Prague 7;
1.1.6 “Access data” means a unique login name and the associated password entered by the User into the E-shop database during Registration;
1.1.7 “Registration” means the electronic registration of the User in the E-shop database, by filling in at least the mandatory registration data in the user interface of the E-shop and the Access Data and their subsequent storage in the E-shop database;
1.1.8 “Consumer” means the User – a person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a Contract with the Operator or otherwise deals with him;
1.1.9 “User” means any legal or natural person who uses the E-shop;
1.1.10 “User Account” means the part of the E-shop that is established by each User (ie is unique for each User) and made available after entering the Access Data;
1.1.11 “Goods” means an item offered by the Operator for sale to the User via the E-shop and, if offered for the Goods, a license to use this item;

2 Information for the Consumer before concluding the contract

2.1 With regard to the price of the Goods and transport costs and other charges, the following applies:
2.1.1 The prices of the provided goods, provided services and licensed content are listed on the website with and without VAT, including all fees stipulated by law, however, the costs of delivery of goods or services vary according to the chosen method and transport provider and method of payment. The agreed price does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the agreed price; such costs are paid exclusively by the User.
2.1.2 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 ordinary mail.
2.2 In the event that the subject of the contract will be the delivery of digital content that will not be delivered on a tangible medium, the Consumer expressly agrees that this content will be delivered before the expiration of the statutory period for withdrawal from the contract.
2.3 Withdrawal from the contract applies that:
2.3.1 Pursuant to the provisions of Section 1829 (1) of the Civil Code, the Consumer has the right to withdraw from the Purchase Agreement 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 the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
2.3.2 Send the withdrawal from the contract at your expense to the Operator at Hell.cz, s.r.o., Přístavní 1315/7, 170 00 Prague 7.
2.3.3 The Consumer is obliged without undue delay, no later than 14 days from the date of withdrawal from the Purchase Agreement, to return it to the Operator or hand it over at the address of the Operator’s premises or registered office. The deadline is considered to be observed even if the Goods are sent to the Operator no later than the last day of the above deadline.
2.3.4 The consumer may not withdraw from the contract in the sense of § 1837 of the Civil Code:
and on the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract,
b on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the period for withdrawal from the contract,
c on the supply of goods which have been modified according to the wishes of the consumer or for his person,
d on the delivery of goods in a closed package, which the consumer removed from the package and for hygienic reasons it is not possible to return,
e on the delivery of an audio or video recording or computer program, if it violated their original obal,
f on the delivery 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 concluding the contract that in such a case he has no right to withdraw from the contract.
2.3.5 The consumer is obliged to pay a proportion 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.
2.3.6 If the Consumer withdraws from the Purchase Agreement, he is obliged to provide in writing his bank account number for the return of the purchase price for the Goods, which may be reduced, if legal reasons are met.
2.3.7 If the Consumer withdraws from the Purchase Agreement regarding the Goods, which he returns to the Operator damaged and / or worn, especially if the original markings of the Goods (ie labels, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for condition.
2.3.8 The form for withdrawal from the Purchase Agreement forms Annex No. 1 to these Business Conditions.
2.4 The Consumer is liable to the Operator for the reduction of the value of the Goods as a result of handling these goods in a manner other than that which is necessary to become acquainted with the nature and properties of the Goods, including their functionality.
2.5 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 hell@hell.cz. You can lodge a complaint with the supervisory authority or the state supervisor. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions stipulated by the relevant legal regulations.

3 The process of concluding the Contract

3.1 The Operator offers the Users the purchase of the Goods through the E-shop by stating the designation of the Goods, detailed information about the properties of the Goods, the price of the Goods including value added tax and all related fees, transport costs and possibly the costs of returning the Goods, if this cannot be essentially returned by ordinary postal transport.
3.2 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. He then fills in the order form, which contains in particular information about:
3.2.1 the ordered Goods;
3.2.2 the method of payment of the purchase price;
3.2.3 the method of delivery / delivery of the ordered goods, while being informed of the costs associated with such delivery / delivery,
hereinafter also referred to as the “Order”.
3.3 Before sending the Order, the User is entitled to check the Order and change its content and the data he has filled in.
3.4 The User undertakes to fill in the relevant text fields in the User Account or in the Order with true and complete data, in particular his true e-mail address, telephone number, identification data and, where applicable, 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.
3.5 The User shall send 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.
3.6 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.
3.7 The Operator is entitled to ask the User for additional confirmation of the Order.
3.8 The purchase contract between the Operator and the User is concluded by delivery of the acceptance of the Order (proposal for the conclusion of the contract), which is sent to the User in accordance with 3.6 of these business conditions.
3.9 The user agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred in connection with the conclusion of the purchase contract are borne by the user himself, and these costs do not differ from the basic rate.
3.10 All Goods presented within the user environment of the E-shop are for information only and the Operator is not obliged to enter into an Agreement regarding these Goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

4 Purchase contract

4.1 By concluding the Purchase Agreement, the following provisions enter into force:
4.1.1 The User buys from the Operator the Goods that the User has chosen in the user environment of the E-shop by adding them to the Shopping Cart, in the quantity that the User has chosen and / or set for the given Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for the given goods the price stated for such Goods in the user environment of the E-shop.
4.1.2 The Operator has the right to withdraw from the Purchase Agreement until the moment of sending the Goods to the User, for any reason or without stating a reason. The legal action of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him is also considered a withdrawal from the Purchase Agreement.
4.1.3 The method of packaging the Goods is determined exclusively by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.
4.1.4 The User is obliged to pay the Operator the costs of file noassociated with the packaging and delivery of the goods to the User, in the amount specified for the order in the user environment of the Portal.
4.1.5 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 any other monetary benefits to the Operator.
4.1.6 If any of the methods of payment contains information on the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are listed for the payment in the user environment of the E-shop.
4.1.7 In the case of non-cash payment by bank transfer, the user is obliged to indicate the variable symbol specified by the Operator.
4.1.8 In the case of non-cash payment, the User’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Operator’s bank account.
4.1.9 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 may not be combined with each other, unless expressly stated otherwise.
4.1.10 The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are exclusively the costs of the User.
4.1.11 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.
4.1.12 The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. All deadlines for delivery of the Goods listed in the user interface of the E-shop are for guidance only.
4.1.13 The Operator will always send the User a tax document – invoice in electronic form, to the User’s email address entered with the order in the User Environment of the E-shop.
4.1.14 If the Operator together with the Goods provides a gift to the User, the gift contract between the User and the Operator is concluded with the untying condition that if the Purchase Agreement terminates (eg for withdrawal from the Purchase Agreement), the gift agreement terminates without further notice. from the beginning together with the Purchase Agreement and the User is obliged to return the provided gift together with the goods to the Operator.
4.1.15 The Operator provides the User with a warranty on the Goods if the warranty period is stated for the given Goods in the user environment of the E-shop, for the period of the stated warranty period, while the said warranty applies only to the Consumer.
4.1.16 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 claim is considered to be the moment when the Operator received the claimed Goods from the User.
4.1.17 If within the user environment of the E-shop it is stated for the given Goods that it is used, the User buys the Goods in the used condition, including the stated defects of such Goods.
4.1.18 Risk of loss, damage and / or destruction of the Goods which are the subject of the Purchase Agreement. passes to the User, who is the Consumer, at the moment of taking over the goods by the User.
4.1.19 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 taking over the goods by the User.

5 User account

5.1 The User has the right to establish a User Account by Registration.
5.2 The User is obliged to enter Access Data before entering the User Account.
5.3 The identification data of the User entered during Registration are considered to be the data entered when ordering each Goods that the User makes after logging in to his User Account.
5.4 The User may not provide Access Data or any other access to the User Account to third parties. 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 the 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 notify the Operator immediately. The Operator shall provide the User with new access data within a reasonable period of time.
5.5 In the case of User Registration, the conditions of the provisions of § 1752 paragraph 1 of the Civil Code are met and the Operator is entitled to unilaterally change these Business Conditions; the change will be notified to the User via the E-shop and / or by an e-mail message to the User’s e-mail address entered in the E-shop database. The User has the right to refuse the change of the Business Conditions within 3 days from the first login to the User Account after notification of the change of the Business Conditions (if delivery via 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 to terminate for this reason with a notice period of 3 days, which the parties agree to be sufficient to procure similar services from another supplier.

6 Complaints procedure

6.1 The Operator is responsible to the Consumer that the Goods are free from defects upon receipt.
6.2 If the Goods contain defects, the Consumer has the right to request the delivery of new Goods without defects, if this is not 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 that part; if this is not possible, he has the right to withdraw from the Purchase Agreement.
6.3 The Consumer has the right to deliver new Goods or replace a part even in the case of a remediable defect, if he cannot use the Goods properly for repeated occurrence of the defect after repair or for a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4 If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects or to replace its components or to repair the Goods, he may request a reasonable discount. The Consumer is entitled to a reasonable discount even if the Operator cannot deliver new Goods without defects, replace its part or repair the Goods, as well as if the Operator does not remedy the situation within a reasonable time or would arrange significant difficulties for the Consumer.
6.5 The right to defective performance does not belong to the Consumer if the Consumer knew before taking over the Goods that the Goods were defective, or if the Consumer himself caused the defect.
6.6 The Operator’s liability for defects in the Goods does not apply to wear and tear of the Goods caused by its normal use, for Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, for used Goods for a defect corresponding to the degree of use or wear By the consumer, or if it follows from the nature of the Goods.
6.7 If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance during the warranty period.
6.8 Complaints about the Goods, including the elimination 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 this period, the Consumer has the same rights as if it were a material breach of the Contract.
6.9 The period of time for the settlement of a complaint is stopped in the event that the Operator has not received all the documents necessary for the settlement of the given complaint, until the given documents are delivered.
6.10 The Operator or the entity designated by it shall, after the proper settlement of the given complaint, invite the Consumer to take over the repaired Goods.
6.11 The right to exercise rights from defects of the Goods expires in case of unprofessional installation or unprofessional commissioning of the Goods, as well as in unprofessional handling, ie especially when using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.

7 Privacy

7.1 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.
7.2 More detailed information on personal data protection can be found in the Privacy Policy here: https://hell.cz/gdpr/

8 Using the E-shop

8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Business Conditions.
8.2 The Operator has the right to change the E-shop, ie its technical solution and / or user interface.
8.3 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 reasons of maintenance or repair of the E-shop or other reason on the part of the Operator or a third party.
8.4 The user is obliged to comply with valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate all damages that would thus occur to the Operator or third parties in full.
8.5 In the event of a breach of these Business Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.

9 Operator’s declaration

9.1 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.
9.2 Due to a technical error in the E-shop, the purchase price may be displayed for the Goods, the amount of which does not roughly 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, contact the User and inform 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 not. at the beginning.
9.3 The User acknowledges that the photos of the Goods in the E-shop may be illustrative or may cause a distorting impression due to their conversion into display in the User’s technical device, therefore the User is always obliged to get acquainted with the full description of the Goods and contact Operators.
9.4 Contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the Contact section.

10 Applicable law

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

11 Effectiveness

11.1 These Terms and Conditions entered into force on 1 October 2021.