Terms & Conditions

General Terms and Conditions

The following General Terms and Conditions ("Terms") of the company Hoteq s.r.o., with registered office at Sokolska 66, 120 00, Praha 2, Company IČO 27196836, registered in the Commercial Register under file no. C 103674/MSPH Municipal Court in Prague, email info@h2ultra.cz, phone number 420 603 840 675 ("We" or "Seller"), regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or based on a purchase contract ("Contract") concluded through the e-shop on the website H2Ulta.cz.

All information about the processing of Your personal data is contained in the Privacy Policy, which can be found herein.

The provisions of these Terms are an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the Terms.

As you surely know, we primarily communicate remotely. Therefore, the Contract also uses remote communication means, which allow us to agree without our and your simultaneous physical presence, and the Contract is thus concluded in a remote manner in the environment of the e-shop, through the website interface ("web interface of the e-shop").

If any part of the Terms contradicts what we have mutually agreed upon during the process of Your purchase on Our e-shop, this specific agreement will take precedence over the Terms.

I. SOME DEFINITIONS
1. Price: is the monetary amount you will pay for the Goods;
2. Shipping Fee: is the monetary amount you will pay for the delivery of the Goods, including the packaging fee;
3. Total Price: is the sum of the Price and the Shipping Fee;
4. VAT: is value-added tax according to applicable laws;
5. Invoice: is a tax document issued in accordance with the VAT Act on the Total Price;
6. Order: is your irrevocable offer to conclude a Contract for the purchase of Goods with Us;
7. User Account: is an account set up based on the information you provide, which allows the storage of entered data and the history of ordered Goods and concluded Contracts;
8. You: are the person shopping on Our e-shop, legally referred to as the buyer;
9. Goods: is everything you can buy on the e-shop.

II. GENERAL PROVISIONS AND INFORMATION
1. The purchase of Goods is only possible through the web interface of the e-shop.
2. When purchasing Goods, you are obliged to provide Us with all information correctly and truthfully. We will consider the information you provided when ordering the Goods to be correct and truthful.

III. CONCLUSION OF THE CONTRACT
1. The Contract can only be concluded with Us in the Czech language.
2. The Contract is concluded remotely through the e-shop, with the costs of using remote communication means borne by You. These costs do not differ from the basic rate you pay for using these means (mainly for internet access), so you do not need to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree to the use of remote communication means.
3. In order for us to conclude the Contract, you need to create an Order proposal on the e-shop. This proposal must include the following information:
a. Information about the Goods being purchased (you indicate the Goods you are interested in purchasing on the e-shop by clicking "Add to cart");
b. Information about the Price, Shipping Fee, the method of payment of the Total Price, and the required delivery method of the Goods; these details are entered during the creation of the Order proposal in the user environment of the e-shop, and the information about the Price, Shipping Fee, and Total Price is provided automatically based on the Goods and the chosen delivery method;
c. Your identification and contact details to allow delivery of the Goods, specifically your name, surname, delivery address, phone number, and email address;
d. In the case of a Contract under which we will regularly and repeatedly deliver Goods to you, also the information on how long we will be delivering the Goods to you.
4. During the creation of the Order proposal, you can change and check the details until the Order is created. After reviewing the details, you create the Order by clicking the "Order with obligation to pay" button. Before clicking the button, you must confirm your acknowledgment and agreement with these Terms; otherwise, it will not be possible to create the Order. The confirmation and agreement are made by ticking the checkbox. After clicking the "Order with obligation to pay" button, all the entered information will be sent directly to Us.
5. We will confirm your Order as soon as possible after it is delivered to Us, by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order from Our side, the Contract between Us and You is concluded. The Terms in effect on the day of the Order form an integral part of the Contract.
6. There may be cases where we will not be able to confirm your Order. This is particularly the case when the Goods are not available or when you order more pieces of Goods than we allow. Information about the maximum quantity of Goods will always be provided in advance within the e-shop and should not be surprising. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. The Contract is concluded at the moment you confirm Our offer.
7. If the e-shop or the Order proposal includes an obviously incorrect Price, we are not obliged to deliver the Goods to you for this Price even if you received an Order confirmation and thus the Contract was concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is concluded at the moment you confirm Our offer. If you do not confirm Our offer even within 3 days of its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or added.
8. If the Contract is concluded, you are obliged to pay the Total Price.
9. If you have a User Account, you can place an Order through it. Even in this case, you are obliged to check the accuracy, truthfulness, and completeness of the pre-filled data. The method of creating an Order is the same as for a buyer without a User Account, but the advantage is that you do not have to repeatedly fill in your identification details.
10. In some cases, we allow the use of a discount for the purchase of Goods. To receive the discount, you need to fill in the discount details in the designated field in the Order proposal. If you do so, the Goods will be provided to you at a discount.

IV. USER ACCOUNT
1. Based on your registration in the e-shop, you can access your User Account.
2. When registering a User Account, you are obliged to provide correct and truthful data and update it in case of any changes.
3. Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these access details and not to share them with anyone. If they are misused, we bear no responsibility for this.
4. The User Account is personal, and you are not authorized to allow its use by third parties.
5. We can cancel your User Account, especially if it has not been used for more than [TO BE COMPLETED] or if you breach your obligations under the Contract.
6. The User Account may not be available continuously, especially due to necessary maintenance of hardware and software equipment.

V. PRICING AND PAYMENT TERMS, RETENTION OF OWNERSHIP
1. The Price is always stated on the e-shop, in the Order proposal, and, of course, in the Contract. In the case of a discrepancy between the Price stated for the Goods on the e-shop and the Price stated in the Order proposal, the Price stated in the Order proposal applies, which will always be the same as the Price in the Contract. The Order proposal also states the Shipping Fee and the conditions under which shipping is free.
2. The Total Price is inclusive of VAT and all statutory fees.
3. We will require payment of the Total Price from you after the conclusion of the Contract and before the delivery of the Goods. You can pay the Total Price in the following ways:
a. Bank transfer. Payment information will be sent to you in the Order confirmation. In the case of payment by bank transfer, the Total Price is due at time of purchase.
b. Online card payment. In this case, payment is made through the payment gateway [TO BE COMPLETED], and the payment is subject to the terms of this payment gateway, available at: [TO BE COMPLETED]. In the case of online card payment, the Total Price is due at time of purchase.
c. Cash on delivery. In this case, payment is made upon delivery of the Goods against the transfer of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
d. Cash on personal collection. You can pay in cash when picking up the Goods at Our premises. In the case of cash on personal collection, the Total Price is due upon receipt of the Goods.
4. An invoice will be issued in electronic form after the payment of the Total Price, and it will be sent to your email address. The invoice will also be available in your User Account.
5. Ownership of the Goods is transferred to you only after full payment of the Total Price and its receipt by Us. The risk of damage, loss, or destruction of the Goods passes to you at the moment you take over the Goods or when you had the obligation to take over the Goods, but did not do so in breach of the Contract.

VI. DELIVERY CONDITIONS
1. We will deliver the Goods to you complete, at the agreed quantity, quality, and design.
2. We are obliged to pack the Goods for transportation in a manner necessary to preserve and protect them.
3. The Goods are considered delivered at the moment you take them over. If you unjustifiably refuse to take over the Goods, this is not considered a breach of Our obligation to deliver the Goods or your withdrawal from the Contract.
4. We deliver the Goods only within the territory of the Czech Republic.
5. We will deliver the Goods to you within 7 days of concluding the Contract unless stated otherwise. The delivery time for Goods not in stock will be provided to you by email.
6. If, according to the Contract, we are to deliver the Goods to a place specified by you in the Order, you are obliged to take over the Goods upon delivery.
7. If, for reasons on your side, the Goods need to be delivered repeatedly or in a manner other than agreed, you are obliged to pay the costs associated with such delivery.
8. When receiving the Goods from the carrier, you are obliged to check the integrity of the packaging and, in case of any defects, immediately notify the carrier. In case of finding damage to the packaging indicating unauthorized intrusion into the shipment, you are not obliged to take over the shipment from the carrier.

VII. WITHDRAWAL FROM THE CONTRACT
1. You have the right to withdraw from the Contract without giving any reason within 14 days from the day you or a third party authorized by you (other than the carrier) take over the Goods, or:
a. the last piece of Goods, if you order multiple pieces of Goods within one Order that are delivered separately;
b. the last item or part, if the Goods consisting of multiple items or parts are delivered;
c. the first delivered Goods, if it is a regular delivery of Goods during a defined period.
2. You cannot withdraw from the Contract in the case of the following Goods:
a. Goods that have been adapted to your wishes or for your person;
b. Perishable Goods as well as Goods that have been irretrievably mixed with other Goods after delivery;
c. Goods in sealed packaging that you have removed from the packaging and cannot be returned for hygienic reasons;
d. Audio or video recordings or computer programs if you have violated their original packaging.
3. To comply with the withdrawal period, it is sufficient to send the withdrawal from the Contract before the expiration of the relevant period.
4. To exercise the right to withdraw from the Contract, you must inform us of your decision to withdraw from the Contract by a clear statement (e.g., a letter sent by post or email). You can use the attached model withdrawal form, but it is not mandatory.
5. If you withdraw from the Contract, we will refund all payments received from you, including the cost of delivery (except for additional costs arising from your chosen delivery method other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from the Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
7. You shall send back the Goods or hand them over to us without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
8. You will bear the direct cost of returning the Goods.
9. You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Goods.

VIII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. Your rights from defective performance are governed by applicable generally binding legal regulations (especially the provisions of § 2099 to § 2117 and § 2161 to § 2174 of the Civil Code).
2. As a seller, we are liable to you that the Goods are free from defects upon receipt. In particular, we are liable to you that at the time you received the Goods:
a. the Goods have the characteristics that we or the manufacturer have described or that you expected with regard to the nature of the Goods and based on the advertisement;
b. the Goods are fit for the purpose we state for their use or for which Goods of this kind are usually used;
c. the Goods correspond in quality or execution to the agreed sample or model if the quality or execution was determined according to the agreed sample or model;
d. the Goods are in appropriate quantity, measure, or weight; and
e. the Goods comply with the requirements of legal regulations.
3. If a defect becomes apparent within six months of receipt, the Goods are presumed to have been defective already upon receipt.
4. We are not liable for defects in the following cases:
a. If the defect was on the Goods at the time of receipt and a discount on the price of the Goods was agreed upon due to the defect;
b. Wear and tear caused by normal use of the Goods;
c. For used Goods, the defect corresponds to the level of use or wear that the Goods had at the time of receipt by you;
d. If the nature of the Goods so requires.
5. In the event of a defect, you have the following rights:
a. Right to a defect removal by delivery of new Goods without defect or delivery of missing Goods;
b. Right to a free defect removal by repair;
c. Right to a reasonable discount on the Price;
d. Right to withdraw from the Contract.
6. You inform us of your right choice from the defect removal options when notifying the defect or without undue delay after notifying the defect. You cannot change the choice without our consent; this does not apply if you requested the repair of a defect that proves to be irreparable.
7. If the Goods have a defect, you are entitled to a reasonable discount or to withdraw from the Contract if:
a. We refuse to remove the defect or fail to remove it within a reasonable period;
b. The defect recurs repeatedly;
c. The defect is a substantial breach of the Contract;
d. It is evident from our statement or the circumstances that the defect will not be removable within a reasonable period or without significant inconvenience to you.
8. We will confirm receipt of your claim and issue a written confirmation about how the claim is handled and its duration. We will decide on your claim immediately, or within three working days if a professional assessment is needed. The claim, including the defect removal, will be handled without undue delay, no later than 30 days from the day of the claim unless we agree otherwise.
9. If the claim is justified, you are entitled to reimbursement of the costs associated with the claim. If the claim is not justified, you are not entitled to reimbursement of the costs associated with the claim, and we are not entitled to reimbursement of the costs incurred by us.
10. In case of withdrawal from the Contract or discount on the Price, the corresponding amount will be refunded to you within 14 days from the effective date of the withdrawal or the agreement on the discount.

IX. FINAL PROVISIONS
1. If the relationship established by the Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect your consumer rights arising from generally binding legal regulations.
2. We are not bound by any codes of conduct in relation to you within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
3. All rights to the web interface of the e-shop, especially copyright rights, belong to us. You must not use the web interface of the e-shop or any part thereof in a manner that could violate our rights.
4. We are not responsible for errors caused by third-party interventions in the web interface of the e-shop or as a result of its use contrary to its intended purpose. When using the web interface of the e-shop, you must not use procedures that could negatively affect its operation and must not engage in any activity that could allow you or third parties to unlawfully interfere with or unlawfully use software or other components forming the web interface of the e-shop and use the web interface of the e-shop or its parts or software equipment in a way that is contrary to its purpose.
5. The Contract, including the Terms, is archived by us in electronic form and is not accessible.
6. We may amend or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the Terms. We will inform you about the change by email at least 14 days before the new Terms come into effect. If you do not agree with the new Terms, you have the right to reject the change and terminate the Contract.
7. These Terms come into effect on 31.07.2024.