General Terms and Conditions for Sale to Consumers
General Terms and Conditions for Sale to Consumers
General Terms and Conditions of trading company Hemnia s.r.o., with its registered office at Na Folimance 2155/15, Vinohrady, 120 00 Praha 2, Czech Republic, identification No. 093 06 269, registered under file No. C 334153 in the Commercial Register maintained by the Municipal Court in Prague (hereinafter the “Seller”), for the sale of goods and provision of services to natural persons – consumers (hereinafter the “Buyer”) through the on-line shop operated by the Seller at the Internet address www.hemnia.com (hereinafter referred to as the “GTC-C”).
I. Introductory provisions
- GTC-C regulate mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase Contract or the service Contract (hereinafter the “Contract”) concluded between the Seller and a natural person - consumer by means of the Seller's e-shop. The Seller operates the e-shop at the Internet address www.hemnia.com via the web interface (hereinafter the “E-shop Web Interface”).
- GTC-C further regulate the rights and obligations of the contracting parties when using the Seller's website located at www.hemnia.com (hereinafter the “Website”) and other related legal relations.
- GTC-C do not apply to cases where the person who intends to purchase goods or demand services from the Seller acts in the course of his or her business activities when ordering the goods or services or if the person is a legal entity. In such case, the concluded Contract shall be governed by the General Business Terms for Business Relations with Natural Persons - Entrepreneurs or Legal Entities, which can be found here.
- Provisions deferring from GTC-C may be agreed on in the Contract. Differing provisions in the Contract shall take precedence over the provisions of GTC-C.
- GTC-C form an integral part of the Contract. The Contract and GTC-C are drawn up in Czech. The Contract will be concluded in Czech.
- The Seller may change or amend wording of GTC-C. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of GTC-C previous wording.
II. User Account
- Buyers who have registered on the Website can access their user interface. The Buyer may order goods or services from his or her user interface (hereinafter the "User Account"). If the E-shop Web Interface allows it, the Buyer may also order goods or services without registration, directly from the E-shop Web Interface.
- When registering on the Website and ordering goods or services, the Buyer is obliged to state all information correctly and truthfully. The Buyer is obliged to update the data stated in the User Account upon any change thereof. The data provided by the Buyer in the User Account and when ordering the goods or services will be considered correct by the Seller.
- If the Buyer fills in data on a legal entity (business name, company identification No. and tax registration No.), the Seller will consider the Buyer's acting as made on behalf of that legal entity and will treat the legal entity's order in accordance with paragraph 3 of Article I. hereof.
- Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding data necessary to access his or her User Account and notes that the Seller is not liable for the Buyer breaching this obligation.
- The Buyer is not entitled to allow the use of the User Account by third parties.
- The Seller may cancel the User Account, especially if the Buyer has not used his or her User Account for more than 1 (in words: one) year or if the Buyer breaches his or her obligations under the concluded Contract (including GTC-C).
- The Buyer acknowledges that the User Account may not be available continuously, especially due to the necessary maintenance of the Seller's hardware and software equipment or the necessary maintenance of third-party hardware and software.
III. Conclusion of Contract
- The E-shop Web Interface contains the list of goods and services offered by the Seller, including their prices. Prices of the goods and services are quoted including the value added tax. They also include all related fees and, if applicable, any licence fees and royalties. The offer of goods and services, as well as the prices of the offered goods and services, remain valid throughout the period for which they are displayed in the E-shop Web Interface. This provision shall not limit the Seller's possibility to conclude Contracts at individually agreed conditions.
- All offers for the sale of goods and provision of services placed in the E-shop Web Interface are non-binding and the Seller is under no obligation to conclude a Contract for the sale of the goods or provision of the services.
- The E-shop Web Interface also indicates the cost of packaging and delivery of the goods and services. Information about the costs associated with packaging and delivery of the goods and services shown in the E-shop Web Interface applies only to goods and services delivered within the territory of the Czech Republic.
- To order the goods or services, the Buyer will fill in the order form in the E-shop Web Interface. In particular, the following information must be entered in the form:
a) goods and services ordered (the Buyer shall “put” the ordered goods or service into the online shopping cart of the E-shop Web b) Interface);
b) method of payment of the price of goods and services, required way of delivery of the ordered goods and services;
c) and information about costs associated with the delivery of the goods and services ordered (hereinafter collectively referred to as the “Order”).
- Before sending the Order to the Seller, the Buyer is enabled to check and, if necessary, change the data, which he or she entered in the Order; this gives the Buyer the possibility to identify and correct mistakes made at filling the Order in. The Buyer will then send the Order to the Seller by clicking on the "Send" button. The Seller will consider the data given in the Order as correct. After receiving the Order, the Seller will immediately acknowledge the receipt of the Order by sending the Buyer a confirmation e-mail to the Buyer's e-mail address given in the User Interface or in the Order (hereinafter the “Buyer's E-mail Address”).
- The Seller is always entitled, depending on the nature of the Order (amount of goods, extent of services, price, estimated delivery costs), to ask the Buyer to additionally confirm the Order (e.g. in writing or by telephone).
- The contractual relationship between the Seller and the Buyer arises upon delivery of the Order confirmation (acceptance), which the Seller sent to the Buyer by e-mail to the Buyer's E-mail Address.
- The Buyer acknowledges that the Seller is under no obligation to conclude a Contract, especially with persons who previously substantially breached their obligations to the Seller.
- The Buyer agrees with the use of remote communication devices for conclusion of the Contract. Costs incurred by the Buyer upon the use of remote communication devices in connection with conclusion of the Contract (cost of Internet connection, cost of telephone calls) shall be borne by the Buyer.
- Unless it is stated otherwise for the relevant service, the Seller may commence providing the ordered service even before the expiry of the period allowed for withdrawal from the Contract.
IV. Price of Goods and Services, Payment Terms
- The price of goods and services and any costs associated with the delivery of the goods or provision of services under the Contract may be paid by the Buyer to the Seller in the following ways:
- cash payment on delivery at the place specified by the Buyer in the Order;
- non-cash payment to the Seller's account No. 2601834878/2010 (for payments in CZK) with Fio Banka (hereinafter the “Seller's Account”);
- non-cash payment to the Seller's account No. 2401834881/2010 (for payments in €) with Fio Banka (hereinafter the “Seller's Account”);
- non-cash payment via the GoPay payment system;
- cash or bank card payment at the Hemnia shop at Zahradnická 71, Příbram III.
- Together with the price of goods or services, the Buyer shall also pay to the Seller the costs associated with packaging and delivery of goods or provision of services at the agreed amount. Unless expressly stated otherwise, the indicated price shall be understood as inclusive of the costs associated with delivery of the goods or provision of services, and inclusive of any license fees.
- In the case of cash payment or cash/collect on delivery, the price is payable at takeover of the goods or services ordered. In the case of a non-cash payment, the price is due within 7 (in words: seven) days from the conclusion of the Contract.
- If the Buyer chooses a non-cash payment, he or she will be obliged to state the variable symbol of the transaction when paying the price of goods and services. In the case of a non-cash payment, the Buyer's obligation to pay the price is fulfilled at the time when the relevant amount is credited to the Sellers Account.
- The Seller may request payment of the price in full before sending the goods or providing the service to the Buyer.
- Any discounts on the price granted by the Seller to the Buyer may be combined.
- If it is customary in business practice or if so laid down by generally binding legal regulations, the Seller will issue to the Buyer a tax document - invoice for payments made under the Contract. The Seller is a VAT payer. The Seller will issue the tax document – invoice to the Buyer after the Buyer has paid the price of the Order and will send the document in electronic form to the Buyer's E-mail Address or enclose it with the Order sent.
V. Withdrawal from Contract
- The Buyer acknowledges that pursuant to Section 1837 of Act No. 89/2012 Sb., Civil Code, as amended (hereinafter the “Civil Code”), the Buyer, as a consumer, may not withdraw from a purchase Contract:
a) for provision of services if they were performed with the consumer's prior express consent before the end of the time limit for withdrawal and the entrepreneur informed the consumer before concluding the Contract that the consumer would thereby lose the right of withdrawal from the Contract,
b) for the supply of goods or a service whose actual value is dependent on fluctuations in the financial market which the entrepreneur cannot control and which may occur during the time limit for withdrawal,
c) for the supply of alcoholic beverages which can be supplied only after thirty days and whose actual value is dependent on fluctuations in the financial market which the entrepreneur cannot control,
d) for the supply of goods that were modified to the consumer's specifications or personalised,
e) for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply,
f) for repair or maintenance work carried out at the consumer's request at a place designated by the consumer; however, this does not apply in the case of subsequent repairs other than requested ones or supply of spare parts other than requested ones,
g) for the supply of goods in sealed packaging which the consumer unsealed after delivery and which are not suitable for return due to hygienic reasons,
h) for the supply of audio or video recordings or computer software if their original packaging was unsealed by the consumer after delivery,
i) for the supply of newspapers, periodicals or magazines,
j) for accommodation, transport, catering or leisure activities if the entrepreneur provides the service or goods at a specified date or time,
k) concluded at a public auction in accordance with the statute governing public auctions, or
l) for the supply of digital content which is not supplied on a tangible medium if it was supplied with the prior express consent given by the consumer before the time limit for withdrawal from the Contract and if the entrepreneur informed the consumer before concluding the Contract that the consumer will thereby lose the right of withdrawal.
- If withdrawal from the Contract is not excluded by provisions of the first paragraph of Article V. or is not possible for other reasons, the Buyer may withdraw from the Contract in accordance with the provisions of Section 1829 et seq. of the Civil Code within 14 (in words: fourteen) days from the day on which the Buyer, or a person designated by the Buyer, accepted the delivery. To comply with the withdrawal period, the notice of withdrawal should be sent before the expiry of the relevant period. The Buyer may send the notice of withdrawal from the Contract to the Seller's address, including, but not limited to, the address of the Seller's business premises) or the Seller's email address firstname.lastname@example.org. The Buyer may also use the sample Contract withdrawal form, which is part of GTC-C.
- If the Buyer withdraws from the Contract in accordance with the second paragraph of Article V. of GTC-C, the Contract will be cancelled from the beginning. The goods must be returned to the Seller within 14 (in words: fourteen) days of the Buyer sending the Seller the notice of withdrawal from the Contract. The goods must be returned to the Seller undamaged and not worn-out and in their original packaging, if possible. The Buyer shall bear the cost of returning the goods if the nature of the goods does not allow their returning through a usual method. The maximum cost of returning such goods is estimated at CZK 10,000 (in words: ten thousand Czech crowns).
- If the Buyer withdraws from the Contract in accordance with the second paragraph of Article V. of GTC-C, the Seller shall return to the Buyer the funds received no later than 14 (in words: fourteen) days of the Buyer withdrawing from the Contract (in the case of a Contract for the purchase of goods no later than 14 days of receiving the returned goods or evidence that the Buyer has sent the goods back to the Seller, whichever occurs first). The Seller shall refund the sum as a non-cash transfer to the account specified by the Buyer (unless the Buyer specifies another method of payment, provided that such other method does not incur any additional costs to the Seller). The refunded sum shall include any costs of returning the delivery to the Seller (except additional costs incurred as a result of the Buyer choosing a delivery method other than the cheapest standard delivery method offered by the Seller). The Seller may also refund the sum paid by the Buyer upon the Buyer returning the goods.
- The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn-out, partly consumed or their value was otherwise decreased as a result of handling the goods in another manner than is necessary for acquaintance with the nature and properties of the goods, including their functionality, the Seller will be entitled to compensation for the incurred damage from the Buyer. The Seller may unilaterally set off its claim for damages against the Buyer's claim for a refund of the price or part thereof. In case of withdrawal from a Contract of services the performance of which has already started, but have not yet been fully provided, the Buyer will be obliged to pay a proportional part of the price for already provided services and in the case of withdrawal the Buyer is entitled only to a refund of the remaining part of the price he or she paid for the service.
- Until the goods are received by the Buyer or a service provided to him or her, the Seller may withdraw from the Contract at any time. In such case, the Seller shall return the purchase price to the Buyer without undue delay, by non-cash transfer to the account specified by the Buyer.
- If a gift is provided to the Buyer together with the goods or a service, the deed of gift is concluded between the Seller and the Buyer with the proviso that if the Buyer withdraws from the Contract, the deed of gift regarding such gift will become ineffective and the Buyer will be obliged to return the provided gift to the Seller together with the goods. In this case, the Seller reserves the right to refund the price or part thereof only after receiving the provided gift.
VI. Transport, Delivery of Goods and Provision of Services
- The method of delivery of goods and provision of services is determined by the Seller, unless stipulated otherwise in the Contract. If the method of transport is arranged upon the Buyer´s request, the Buyer will bear the risk and any additional costs associated with this method of transport.
- If in accordance with the Contract the Seller is obliged to deliver the goods to a place or provide agreed services in a place determined by the Buyer in the Order, the Buyer shall take over the delivered goods or allow provision of the services in such agreed places. If the Buyer fails to take over the goods upon delivery, the Seller may charge a storage fee amounting to CZK 100 (in words: one hundred Czech crowns) and is also entitled to withdraw from the Contract.
- If, for reasons on the part of the Buyer, the goods must be delivered repeatedly or in a way other than stated in the Order, the Buyer shall pay the costs associated with the repeated delivery of the goods or costs associated with the alternative method of delivery.
- When taking the goods over from the carrier, the Buyer is obliged to check integrity of the goods packaging and, if the Buyer finds any defects, to inform the carrier immediately. In the event of damage to the packaging indicating unauthorized entry into the consignment, the Buyer is not required to take over the consignment from the carrier. By signing the delivery note, the Buyer confirms that the packaging of the consignment containing the goods was not damaged.
- Other rights and obligations of the parties in respect of the transportation of goods may be regulated by the Seller’s special delivery terms, if issued by the Seller.
- The Seller is entitled to start providing the ordered service only after the Seller has been paid the price for such service.
VII. Liability for Defects, Warranty
- The rights and obligations of the parties regarding the Seller's liability for defects, including the Seller's warranty liability, are governed by applicable generally binding legal regulations, in particular by the relevant provisions of the Civil Code. The Seller provides a 24-month (in words: twenty-four months) warranty on consumer goods, and a 6-month (in words: six month) warranty on ordered services.
- The Seller is liable to the Buyer for conformity of the sold product or provided service with the Contract, in particular for the product or service being free from defects. Conformity with the Contract means that the product sold is of the quality and has features agreed in the Contract, is fit for purpose and complies with the description given by the Seller, manufacturer or its representative, it meets requirements of legal regulations and is supplied in appropriate quantity, scope or weight.
- Should the goods or services fail to conform with the Contract upon receipt by the Buyer (hereinafter “Lack of Conformity with the Contract”), the Buyer will be entitled to delivery of new goods or delivery of the missing goods or new provision of the service without defects, removal of defects by repair of the goods, an adequate discount on the price, or to withdrawal from the Contract in accordance with the conditions specified in the Complaints Procedure of the Seller (hereinafter the “Complaints Procedure”), which can be viewed here. When notifying the Seller of the defect or immediately after the notification, the Buyer will let the Seller know which right he or she has chosen as rectification. The Buyer may not change the chosen option without the Seller's consent, except for cases when the Buyer asked for repair of a defect and the defect turns out to be irreparable. Should the Buyer fail to choose his or her right in time, the Seller will proceed in accordance with the relevant provisions of applicable legislation.
- Except for perishable or used goods, the Seller is liable to the Buyer for defects that occur as Lack of Conformity with the Contract after receipt of the good in the warranty period (the warranty).
- In the case of Contract for services, the Seller is liable to the Buyer for defects occurred as Lack of Conformity with the Contract after the provision of the service in the warranty period (the warranty) pursuant to the first paragraph of Article VII. of GTC-C.
- It is not considered a defect causing Lack of Conformity if the delivered goods or provided service do not have any characteristics, properties or are not of the quality beyond the level or scope expressly stated.
- Therefore, the Seller shall not be liable, among others, for interoperability of data provided by the Seller with any hardware or software of the Buyer or third parties, which is not expressly stated at the particular service. If the Buyer's or third party's records or data are lost or damaged due to the Buyer's wrong, unauthorised or unsuitable procedure or use of data provided by the Seller, including reverse engineering, the Seller shall not be liable for any thus arisen damage or consequential loss.
- The Buyer will exercise all rights arising from the Seller's liability for defects, including the Seller's warranty liability, at the Seller's shop at Zahradnická 71, 261 01 Příbram III. A claim is considered lodged at the moment when the Seller has received from the Buyer the claimed goods or information about a defect of a provided service.
- Other rights and obligations of the parties related to the Seller's liability for defects are regulated in detail in the Complaints Procedure rules, available here.
VIII. Other Rights and Obligations of Parties
- The Buyer acquires ownership of the goods and becomes entitled to use a service after paying the price of the goods or service in full. Unless otherwise provided by applicable law or stipulated in the Contract, within the provided and duly paid service the Buyer will be entitled to a non-exclusive, territorially unlimited and non-transferable right to use part of the service of a nature of a copyrighted work, solely for internal (personal) needs of the Buyer and solely for the period and to the extent arising from the purpose of the Contract. Unless otherwise provided by applicable legislation, the Buyer shall not be entitled, in particular, to reproduce the work, translate it, process, modify or change in any other manner, distribute, lend, lease, exhibit it or disclose to the public, as well as to bypass technical means of protection of rights or carry out reverse engineering of the work. A special Contract for Services may be concluded to obtain authorization to lend, lease, exhibit the work or disclose the work to the public.
- The Buyer acknowledges that the software and other parts forming the e-shop Web Interface (including photographs of offered goods or images of provided services) are protected by copyright. The Buyer undertakes not to carry out any activities that might enable the Buyer or third parties to infringe without authorization or use without authorization the software or other parts forming the E-shop Web Interface.
- When using the E-shop Web Interface, the Buyer may not use mechanisms, software, processes or methods that may negatively affect operation of the E-shop Web Interface. The E-shop Web Interface may be used only up to the extent which will not limit rights of other customers of the Seller and which complies with its purpose of use.
- In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code. The Seller does not provide other services after the sale of the goods or provision of the ordered services, except for the services that the Seller explicitly states on its Website at individual goods or services.
- The Buyer acknowledges that the Seller shall not be liable for mistakes resulting from third-party interference in the Website or from the use of the Website contrary to its purpose.
IX. Personal Data Protection
- The Seller duly fulfils all its obligations in relation to the protection of personal data. For the sake of clarity, the Seller has issued a special Personal Data Protection Guideline, which summarizes the matter.
- Unless otherwise agreed, all correspondence relating to the respective Contract shall be delivered to the other party in writing, by e–mail, personally or by registered mail by means of a postal services operator (of the sender’s own choosing). Correspondence to the Buyer will be delivered to the e-mail address specified in the Buyer's User Account.
XI. Final Provisions
- If a relationship arising in connection with the use of the Website or a legal relationship established by the Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
- The Seller is entitled to sell goods under the trade licence and the Seller’s activities are not subject to any other permission. The Buyer may turn to the Seller regarding any complaints. If the Buyer's complaint filed with the Seller is rejected, the dispute will be resolved in competent court (i.e. court having subject-matter and territorial jurisdiction). Trade inspection is carried out within its terms of reference by the appropriate Trade Licensing Office. The Buyer may also turn to the Czech Trade Inspection Authority.
- The body for out-of-court settlement (alternative dispute resolution) of consumer disputes concerning the products and services offered, sold, provided and mediated by the Seller is the Czech Trade Inspection Authority, whose Internet address is: www.coi.cz.
- If any provision hereof is or becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is as close to the invalid or ineffective provision as possible. Invalidity or ineffectiveness of one provision shall not affect validity of other provisions. Changes and amendments to the Contract or the GTC-C must be made in writing.
- The Contract, including GTC-C, is archived by the Seller in electronic form and is not available, except for the fulfilment of the Seller's obligations laid down by applicable legislation. The Seller shall make the text available for the Buyer upon request.
- The contractual relation between the Buyer and the Seller is concluded for the period determined by due performance of the contracting parties under the respective Contract. Unless the concluded Contracts or GTC-C stipulate otherwise in particular cases, the contracting parties are not entitled to cancel the Contract before its proper fulfilment.
- Supplier’s contact details:
address for delivery: Hemnia, Zahradnická 71, 261 01 Příbram III
e-mail address: email@example.com
telephone: +420 774 420 732
These General Terms and Conditions for Sale to Customers come into force and effect on April 24, 2021.
Sample form for withdrawal from Contract in accordance with applicable legal regulation:
Notice of withdrawal from Contract
- Let me inform you that I withdraw from the Contract on purchase of these goods (*)/on provision of these services (*)
- Order date (*)/Delivery date (*)
- Name and surname of Buyer
- Buyer’s address
- Buyer’s signature (only if this form is sent as paper document)
(*) Delete as appropriate or fill in data.