HPH MODELS S.R.O.
with registered office in Kutná Hora, Čáslavská 257, zip code 284 01 identification number: 272 21 334
company registered in the commercial register kept in Prague, section C, insert 105518
INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company HPH models .s.r.o., with its registered office in Kutná Hora, identification number: 272 21 334, registered in the commercial register kept in Prague, section C, insert 105518 (hereinafter referred to as "the seller ") regulate the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller at the internet addresses
www.hphmodels.cz and
www.infinitymodels.cz, via a web interface (hereinafter referred to as the "web interface of the store").
The terms and conditions further regulate the rights and obligations of the contracting parties when using the seller's website located at
www.hphmodels.cz and
www.infinitymodels.cz and other related legal relationships. The terms and conditions do not apply to cases where a person who intends to purchase goods from the seller acts as part of his business activity when ordering goods.
Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
User account
Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface.
When registering on the website and ordering goods, the buyer must enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer's breach of this obligation.
The buyer is not authorized to allow the use of the user account by third parties.
The seller can cancel the user account, especially if the buyer does not use his user account for more than 2 years, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
The buyer acknowledges that the user account may not be available continuously, especially concerning the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
Conclusion of the purchase contract
The store's web interface contains a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the offered goods are listed including value-added tax and all related fees. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods.
The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills out the order form in the web interface of the store. The order form contains, in particular, information about: the ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface), the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and information about the costs associated with the delivery of the goods (hereinafter collectively as “order").
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer detecting and correcting errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "CONFIRM ORDER " button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or the order (hereinafter referred to as the "buyer's e-mail address").
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including terms and conditions).
The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself.
Product price and Payment terms
The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
cash on delivery (applies to the Czech and Slovak Republics)
Method of payment by credit card:
If the payment card holder/buyer decides to use a payment card to pay for the selected goods, they fill in the payment card information on the bank's payment page. The banking institution will ensure secure encrypted data transmission, and sellers will only communicate the result of the authorization and thus instruct them to complete the order. This eliminates the possibility of misuse of the payment card by the entity from which the buyer purchases the goods and the free transfer of unprotected data on a public computer network. The seller does not store payment card numbers.
in cash at the seller's premises at HPHmodels s.r.o., Čáslavská 257, Kutná Hora, 28401
in cash on delivery at the place specified by the buyer in the order;
by non-cash transfer to the seller's account no. 6841242001/5500, maintained at Raiffeisen Bank (hereinafter referred to as the "seller's account");
Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase contract.
n the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.5), to demand payment of the entire purchase price before sending the goods to the buyer.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.10. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made based on the purchase contract. The seller is the payer of the value-added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in the electronic form to the buyer's e-mail address.
Withdrawal from the purchase contract
The buyer acknowledges that according to the provisions of § 53 paragraph 8 of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible, among other things, to withdraw from the purchase contract for the supply of goods modified according to the wishes of the buyer, as well as goods that are subject to rapid deterioration, wear or obsolescence, from the purchase contract for the supply of audio and video recordings and computer programs, if the consumer has violated their original packaging and from the purchase contract for the supply of newspapers, periodicals and magazines.
If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract following § 53 paragraph 7 of the Civil Code within fourteen (14) days from receipt of goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of taking over the goods, to the address of the seller's place of business or the seller's e-mail address.
In case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within 14 working days of sending the withdrawal from the contract to the seller. If the buyer violates the obligation according to the previous sentence, the seller is entitled to a contractual penalty in the amount of CZK 100 (in words: one hundred Czech crowns) for each day of delay, but at most up to the purchase price of the goods. This provision does not affect the right to compensation for any damage caused by a breach of duty to which a contractual penalty applies, even if the damage exceeds the contractual penalty. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging.
Within a period of ten (10) days from the return of the goods by the buyer according to Article 5.3 of the terms and conditions, the seller is entitled to examine the returned goods, in particular, to ascertain whether the returned goods are not damaged, worn or partially consumed.
In the event of withdrawal from the contract by Article 5.2 of the terms and conditions, the seller will return the purchase price (excluding costs incurred for the delivery of the goods) to the buyer no later than ten (10) days from the end of the period for reviewing the goods by Article 5.4 of the terms and conditions, by cashless transfer to the specified account by the buyer. The seller is also entitled to refund the purchase price in cash already when returning the goods to the buyer.
The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to compensation for the damage caused to the buyer. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the buyer's claim for a refund of the purchase price. In the same way, the seller is entitled to unilaterally set off the claim for a contractual penalty according to Article 5.3 of the terms and conditions against the buyer's claim for a refund of the purchase price.
Transport and delivery of goods
The method of delivery of the goods is determined by the seller unless otherwise stipulated in the purchase contract. If the mode of transport is contracted based on the buyer's request, the buyer bears the risk and any additional costs associated with this mode of transport.
If according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer does not take over the goods upon delivery, the seller is entitled to demand a storage fee of CZK 100 (in words: one hundred Czech crowns) and is also entitled to withdraw from the purchase contract.
If for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods met all conditions and requirements and that any later claim regarding damage to the package of the shipment cannot be taken into account.
Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's terms of delivery.
Responsibility for defects
The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq. of the Civil Code).
The seller is responsible to the buyer for the fact that the thing sold is by the purchase contract, in particular, that it is free of defects. Conformity with the purchase contract means that the thing sold has the quality and useful properties required by the contract, described by the seller, the manufacturer or his representative, or expected based on the advertising carried out by them, or the quality and useful properties usual for a thing of this kind, that it corresponds to the requirements of legal regulations, is the corresponding amount, measure or weight and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used.
If the item upon acceptance by the buyer is not by the purchase contract (hereinafter referred to as "inconsistency with the purchase contract"), the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract free of charge and without undue delay, as required the buyer either by replacing the item or repairing it; if such a procedure is not possible, the buyer can demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the violation of the purchase contract before taking over the item or caused the violation of the purchase contract himself. A discrepancy with the purchase contract that manifests itself within six (6) months from the date of acceptance of the item is considered a discrepancy already existing at the time of its acceptance, unless this contradicts the nature of the item or unless the contrary is proven.
If it is not a perishable item or a used item, the seller is responsible for defects that manifest themselves as a violation of the purchase contract after taking over the item within the warranty period (warranty).
The buyer's rights arising from the seller's liability for defects, including the seller's warranty liability, are exercised by the buyer at the seller's address of the HPHmodels s.r.o. establishment, Čáslavská 257, Kutná Hora, 284 01.
Warranty and right from defective performance
The seller provides a guarantee for the goods sold by the generally binding legal regulations of the Czech Republic. The warranty period starts from the day the buyer takes over the goods. The warranty applies to manufacturing defects or other defects that were not caused by unprofessional or careless handling, use of the product contrary to its purpose or assembly instructions, mechanical damage, natural disasters, or as stipulated by law. Please note that the image on the product packaging is only illustrative and may not fully match the content of the delivered product.
Claimed goods can be sent by postal transport, unless, based on a previous e-mail agreement between the seller and the buyer, it is agreed that the seller will ensure that the defective, missing or otherwise claimed part of the goods is sent to the buyer without needing the claimed goods for inspection. If the buyer sends the claimed goods to the seller, he shall attach to the claimed goods a legible original of the proof of purchase - the invoice and a detailed description of the defect. If the goods received by the buyer do not comply with the purchase contract, the buyer has the right to have the seller return the item to a condition corresponding to the purchase contract free of charge and without unnecessary delay, either by replacing the goods or by supplementing them; if such a procedure is not possible, the buyer can demand a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer knew about the discrepancy before taking over the goods or if he caused the discrepancy with the purchase contract.
In the event of a justified complaint, the buyer has the right to:
to settle the complaint no later than 30 calendar days from the date of the complaint, unless the seller and the buyer agree otherwise, if the defect is removable, the right to free, proper and timely removal of the defect, the right to exchange defective goods or defective parts, is not if it is disproportionate due to the nature of the defect and if such a procedure is not possible, the right to a reasonable discount from the purchase price or to withdraw from the purchase contract if it is an irreparable defect preventing the proper use of the goods, the right to exchange the defective goods or withdraw from the contract.
Upon receipt of a complaint, the buyer will be informed immediately about the most appropriate form and details of the complaint procedure, in more complex cases within three days. A written report will be drawn up on the receipt of the complaint and its handling, which is sent to the buyer's e-mail address. If the complaint is justified, the buyer has the right to compensation for all purposefully incurred costs associated with the application of the complaint
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
The seller is responsible to the buyer for the fact that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that the thing being sold has the quality and useful properties required by the contract, described by the seller, the manufacturer or his representative, or expected based on their advertising, or the quality and useful properties usual for a thing of this type, that it meets the requirements of legal regulations, is for this in the corresponding amount, measure or weight and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used. The quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model, the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
If the item shows a defect upon acceptance by the buyer, the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract free of charge and without undue delay, either by replacing the item or by repairing it, according to the buyer's request; if such a procedure is not possible, the buyer can demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months (24) of receipt, unless this contradicts the nature of the item or unless the contrary is proven.
If the period for which the item can be used is indicated on the item sold, on its packaging, in the instructions attached to the item or in the advertisement by other legal regulations, the provisions on the quality guarantee shall apply.
2.10. The right from defective performance, including the seller's warranty liability, is exercised by the buyer at the seller at the address Čáslavská 257, Kutná Hora ZIP Code 284 01.
2.11. The provisions stated in Article 10.7 of the terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, for wear and tear of the goods caused by its usual use, for used goods for a defect corresponding to the degree of use or wear that the goods had upon acceptance by the buyer, or if this results from the nature of the goods.
2.12. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
The buyer acknowledges that the software and other components making up the store's web interface (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere with or use the software or other components making up the web interface of the store.
When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could hurt the operation of the web interface of the store. The web interface of the store can only be used to the extent that it does not infringe on the rights of other customers of the seller and that is by its purpose.
About the buyer, the seller is not bound by any codes of conduct in the sense of § 53a paragraph 1 of the Civil Code.
The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to their purpose.
Protection of personal data and sending commercial messages
The protection of the personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
The buyer agrees to the processing of his data: first and last name, residential address, identification number, tax identification number, e-mail address, and telephone number (hereafter referred to as "personal data").
The buyer agrees to the processing of personal data by the seller, to realize the rights and obligations from the purchase contract and to send information and business communications to the seller.
The buyer acknowledges that he is obliged to provide his data correctly and truthfully (when registering, in his user account, and when ordering from the store's web interface) and that he is obliged to inform the seller without undue delay of a change in his data.
The seller can entrust the processing of the buyer's data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.
Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or printed form in a non-automated manner.
The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data. The buyer declares that he has been informed that he can revoke his consent to the processing of personal data about the seller by written notice delivered to the seller's address.
If the buyer believes that the seller or the processor (Article 10.5) is processing his data in violation of the protection of the buyer's private and personal life or violation of the law, especially if the personal data is inaccurate for their processing, may:
ask the seller or processor for an explanation,
require the seller or the processor to remove the condition thus created. In particular, this may involve the blocking, correction, addition or disposal of personal data. If the buyer's request according to the previous sentence is found to be justified, the seller or processor will remove the defective condition immediately. If the seller or processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the buyer's right to contact the Office for Personal Data Protection directly.
If the buyer requests information about the processing of his data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.
4.10. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.
Delivery
Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by e-mail, in person or by registered mail via a postal service provider (at the sender's choice). The buyer is delivered to the e-mail address specified in his user account.
The message is delivered:
in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail can be ensured by a certificate,
in the case of delivery in person or through a postal service operator, by receiving the parcel by the addressee,
in the case of delivery in person or through a postal service operator, also by refusing to accept the parcel, if the addressee (or the person authorized to accept the parcel on his behalf) refuses to accept the parcel,
in the case of delivery through a postal service operator, after the expiry of a period of ten (10) days from the date of depositing the parcel and giving the addressee a call to take over the deposited parcel, if the parcel is deposited with the postal service operator, even if the addressee did not learn about the deposit.
Final Provisions
If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
The seller is authorized to sell goods based on a trade license and the seller's activity is not subject to any other authorization. The trade inspection is carried out by the relevant trade office within its jurisdiction.
If any provision of the terms and conditions is invalid or ineffective or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require a written form.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
Seller's notice: The seller draws the buyer's attention to the fact that faithful models of original products and kits for assembling models on a reduced scale are, according to Appendix 1, paragraph 2, letter a), b) Government Regulation No. 86/2011 Coll., on technical requirements for toys, as amended, are not considered toys and are intended for collectors aged 14 and over.
The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with a registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address:
http://www.coi.cz. The online dispute resolution platform located at
http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
The annexe to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
Seller contact details: delivery address:
Seller contact details: delivery address:
HPHmodels, Čáslavská 257, Kutná Hora 284 01
phone: +420 777 304 120
Form for withdrawing from the purchase contract.
Complete this form and send it back to us only if you wish to withdraw from the purchase contract.
Recipient (seller):
HPHmodels, Čáslavská 257, Kutná Hora 284 01
I (we) announce that I (we) hereby withdraw from the purchase contract for the purchase of these goods:
Date of ordering goods:
Name and surname of buyer(s):
Order Number:
Order by email:
Address of buyer(s):
Date:
Signature of the buyer(s): (only if this form is sent in paper form)
PROTECTION OF PERSONAL DATA
HpH Models, spol. s.r.o. processes your data, as it is necessary for the fulfilment of the contract with you regarding the sale of goods (or for the implementation of measures taken before the conclusion of such a contract), and further processes your personal data, which is necessary for the fulfilment of the public obligations of this company.
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