Terms and Conditions

1. Society

H & D, as
Olomoucká 37
Prostějov 796 01 Czech Republic
Phone: +420 582 333 449
Fax: +420 582 305 667
e-mail: nabytek@hdas.cz
www.hd-homedesign.store

H & D, as, ID number: 60748451

The terms and conditions are valid from January 15, 2015 until the new terms and conditions are issued.

2. Order

The purchase contract on the basis of which the sale of goods is realized by the seller to the buyer is created on the basis of a binding confirmation of the order. In the case of advance payment, the seller undertakes to reserve the goods until the due date specified in the order confirmation. The seller will not charge the buyer any costs for the use of means of remote communication in connection with the conclusion of the purchase contract. The product offer is valid for the entire time it is offered on the website of the online store www.hd-homedesign.store.

3. Order cancellation

Cancellation of the order by the buyer:
The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation. After the binding confirmation of the order, only on the basis of mutual agreement. E-mail contact: nabytek@hdas.cz

4. Withdrawal from the purchase contract

Withdrawal from the purchase contract is further governed by the provisions of § 1829 -1837 of Act No. 89/2012. The buyer has the right to withdraw from the contract within fourteen days in writing to the seller. The period according to the first sentence runs from the date of conclusion of the contract and if it is about
a) purchase contract, from the date of acceptance of the goods,
b) a contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods, or
c) a contract, the subject of which is the regular repeated delivery of goods, from the date of acceptance of the first delivery of goods.

If the buyer has not been informed of the right to withdraw from the contract in accordance with § 1820 paragraph 1 letter f) of Act No. 89/2012, the buyer may withdraw from the contract within one year and fourteen days from the start of the withdrawal period according to paragraph 1. However, if the buyer was informed of the right to withdraw from the contract within this period, the fourteen-day withdrawal period runs from the day the buyer received the instructions.

If the buyer withdraws from the contract, he shall send or hand over to the company without undue delay, no later than fourteen days from the written withdrawal from the contract, the goods he received from him. If the service has already been provided to the buyer, the entrepreneur is not obliged to do anything, with the exception of the provisions of § 1834 of Act No. 89/2012. The company can only require the buyer to pay the costs specified by this law.

If the buyer withdraws from the contract, the company will return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all funds, including delivery costs, which he received from him on the basis of the contract, in the same way. The seller is not obliged to return the money before the buyer hands over the goods to him or proves that he has sent the goods to him. The company will return the money received to the buyer in another way only if the buyer has agreed to it and if it does not incur additional costs. If the buyer has chosen a different method of delivery than the cheapest method offered by the company, the company will reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.

The buyer is obliged to bear the costs associated with returning the goods.
If the buyer withdraws from the purchase contract, the company is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the company. The buyer, who returns the goods, pays the postage for the return journey to the seller.

The buyer is liable to the company only for the reduction in the value of the goods, which occurred as a result of handling these goods in a way that is necessary to handle them with regard to their nature and characteristics. This does not apply if the company has not communicated the information to the buyer in accordance with the provisions of § 1820 paragraph 1 letter f) of Act No. 89/2012

The buyer cannot withdraw from the contract for the supply of goods or services, the price of which depends on fluctuations in the financial market, regardless of the will of the entrepreneur, which may occur during the withdrawal period, for the supply of goods that have been modified according to the wishes of the consumer or for his person, for the supply of goods in a closed package that the consumer has removed from the package and for hygienic reasons it is not possible to return it.

5. Delivery conditions

Deliveries of the subject of performance (ordered goods) will be carried out in the shortest possible time or according to the agreement with the buyer, depending on the availability of the product and the seller's operational capabilities. The place of collection is determined based on the buyer's order. The delivery of the subject of performance to the specified place is considered to be the fulfillment of the delivery. Transport to the destination address is provided by the seller, costs associated with transport are charged according to the agreement. The shipment of goods always contains a tax document.
We deliver goods throughout the Czech Republic and the Slovak Republic.

6. Additional Data Changes

Changes will be implemented after mutual agreement.

7. Liability for product defects and warranty

An integral part of the terms and conditions are the complaint conditions, which are in full below.

8. Protection of personal data

We respect your privacy. In order to offer you valuable services, we need to know some of your personal data. We protect this data against misuse and will not be provided to any third party.

The exercise of the rights of the subjects of personal data is stated in the statement on the implementation of the GDPR listed in the footer of this website.

By registering as a customer, news requester, poll participant and other forms of registration, you automatically agree that you can be informed about news in our online store by email or phone. If you no longer want this information, you have the option to stop sending it at any time according to the procedure specified in the message being sent.

We determine your satisfaction with the purchase through e-mail questionnaires as part of the Heureka - Verified by customers program, in which our e-shop is involved. We send them to you every time you make a purchase from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some services of the information society, you do not refuse their sending. We process personal data for the purposes of sending questionnaires as part of the Heureka - Customer Verified program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with shopping with us. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processor that is the operator of the Heureka.cz portal; for these purposes, we may pass on information about the purchased goods and your e-mail address. When sending e-mail questionnaires, your personal data is not passed on to any third party for its own purposes. You can object to the sending of e-mail questionnaires as part of the Heureka - Verified by customers program at any time by rejecting further questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire any further.

9. Sale and payment of goods

The seller is the owner of the goods and sells them to the buyer (customer).

The goods are the property of the seller until the full payment of the price of the goods. Payment of the full amount is made by cash on delivery at the place of delivery of the goods (through a contractual forwarding company) or by bank transfer specified in the order confirmation, in such a way that the seller's account must be credited with the full price of the goods after deducting bank and other fees.

10. Complaint conditions

1. General provisions and definitions of terms
This complaint procedure was prepared in accordance with the provisions of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the Act) and applies to consumer goods (hereinafter referred to as goods) for which, during the warranty period, the buyer's rights from liability for defects (hereinafter referred to as complaints). The seller is the trading company H & D, as with its registered office at Olomoucká 37, 79601 Prostějov, ID: 60748451, registered in the commercial register maintained by the Regional Court in Brno, section B., file 1580. The buyer is an entity that concluded a contract for the purchase of goods with the seller .

The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2095 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., Civil Code).

Claims are made at the seller's headquarters.

2. Warranty conditions
The company will hand over the purchase item to the buyer in the agreed quantity, quality and design. If the quality and execution are not agreed, the seller fulfills in the quality and execution suitable for the purpose apparent from the contract; otherwise usual for the purpose.

When determining the quality or design according to the contracted sample or model, the quality or design of the thing must correspond to the sample or model. If the quality or design specified in the contract and the sample or design differ, the contract shall decide. If the contract and the sample determine the quality or execution of the thing differently, but not in contradiction, the thing must correspond to the contract and the sample or model.

If it is not agreed how the thing should be packed, the company will pack the thing according to customs; if they are not, then in a manner necessary for the preservation of the thing and its protection. In the same way, the company arranges the item for transport.

The item is defective if it does not have the properties specified in the previous paragraphs. The performance of another thing is also considered a defect. Defects in the documents necessary for the use of the item are also considered a defect.

If it appears from the company's statement or from the handover document that the company has delivered a smaller number of items, the provisions on defects do not apply to the missing items.

The buyer's right from defective performance is based on a defect that the item has when the risk of damage passes to the buyer, even if it becomes apparent only later. The buyer's right is also established by a defect that arose later, which the company caused by breaching its obligations. The company's obligations from the quality guarantee are not affected by this.

In case of early performance, the company can remove the defects by the time specified for the delivery of the item. By exercising his right, he must not cause unreasonable difficulties or expenses to the buyer. This does not affect the buyer's right to compensation. This also applies to defects in documents.

The buyer's rights from defective performance are not affected if the defect was caused by the use of the item that the buyer handed over to the seller. This does not apply if the seller proves that he warned the buyer of the unsuitability of the delivered item in time and the buyer insisted on its use, or if he proves that he could not have detected the unsuitability of the delivered item even with sufficient care.

If possible, the buyer inspects the item as soon as possible after the risk of damage to the item has passed and makes sure of its properties and quantity, no later than when the item is delivered to its destination. If the item is routed to another destination during transport, or sent further by the buyer without having the opportunity to inspect the item, and the company knew or must have known at the time of the conclusion of the contract about the possibility of such a change of destination or such further shipment, the buyer may postpone the inspection until , when the item is transported to a new destination.

If defective performance is a material breach of contract, the buyer has the right to:

a) to remove a defect by delivering a new item without a defect or by supplying a missing item,
b) to remove the defect by repairing the item,
c) for a reasonable discount from the purchase price, or
d) withdraw from the contract.

The buyer shall inform the company which right he has chosen, upon notification of the defect, or without undue delay after the notification of the defect. The buyer cannot change the choice made without the company's consent, this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the company does not remove the defects within a reasonable period of time, or if it notifies the buyer that it will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.

If the buyer does not choose his right in time, he has the following rights:
- If the defective performance is an insignificant breach of contract, the buyer has the right to remove the defect or to a reasonable discount from the purchase price.
- As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the company can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or by supplying a new item; the choice must not cause unreasonable costs to the buyer.
- If the company does not remove the item's defect in time or refuses to remove the item's defect, the buyer may request a discount from the purchase price, or may withdraw from the contract.
The choice made cannot be changed by the buyer without the consent of the company.

Until the defect is removed, the buyer does not have to pay a part of the purchase price estimated to be reasonably corresponding to his right to a discount.
Upon delivery of a new item, the buyer returns the originally delivered item to the company at its expense.

The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it. that doesn't apply
a) if there was a change in condition as a result of an inspection for the purpose of detecting a defect in the item,
b) if the buyer used the item before the defect was discovered,
c) if the buyer did not cause the impossibility of returning the item in an unchanged state by action or omission, or
d) if the buyer sold the thing before the discovery of the defect, if he used it, or if he changed the thing during normal use; if this happened only in part, the buyer will return to the company what he can still return, and will compensate the company for the amount in which he benefited from the use of the item.

If the buyer does not notify the defect in time, he loses the right to withdraw from the contract.

If the buyer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after handing over the item.

With a quality guarantee, the company undertakes that the item will be suitable for use for its usual purpose or that it will retain its usual properties for a certain period of time. The indication of the warranty period or the period of use of the item on the packaging or in advertising also has these effects. A guarantee can also be provided for an individual part of the item.

The warranty period runs from the delivery of the item to the buyer; if the item was shipped according to the contract, it runs from the time the item is delivered to the destination.

The buyer does not have a right from the warranty if an external event caused the defect after the risk of damage to the property has passed to the buyer. This does not apply if the company caused the defect.

To report a defect covered by the warranty and to exercise the right from defective performance, apply to the company. Alternatively, the buyer will exercise the right to repair with the person designated to carry out the repair. The person thus designated for repair will carry out the repair within the period agreed between the seller and the buyer when purchasing the item. If the buyer exercises the right from defective performance, the company will confirm to him in writing when he exercised the right, as well as the execution of the repair and its duration.

The company is obliged to perform without defects with the characteristics exchanged or usual so that it is possible to use the object of performance according to the contract, and if it is known to the parties, also according to the purpose of the contract. If it is performed defectively, the recipient has rights from defective performance.
The company is obliged to perform in medium quality, unless a different quality has been agreed between the parties.
The fulfillment is considered defective especially if the company
a) if he provides an object of performance that does not have specified or agreed characteristics,
b) if he does not draw attention to defects that the object of performance has, even though they do not usually occur with such an object,
c) if he assures the buyer contrary to the fact that the object of performance has no defects, or that the thing is suitable for a certain use,
If the buyer waives his right from defective performance in advance, the expression of his will requires a written form.

The company guarantees that the object of performance will be suitable for use for the agreed purpose for a certain period of time after performance and that it will retain the agreed properties; if they are not agreed, the warranty applies to the usual purpose and characteristics.

The buyer can exercise the right from defective performance in court if he complains about the defect to the company without undue delay after he had the opportunity to inspect the item and discover the defect, either by marking the defect or by notifying him of how it manifests itself.
A defect can be pointed out within six months of taking over the object of performance.
The buyer must report a defect covered by the warranty to the company without undue delay after he had the opportunity to inspect the object of performance and discover the defect, but no later than within the complaint period determined by the length of the warranty period.

As soon as the buyer discovers a defect, it shall notify the company without undue delay and hand over the object of performance to the company, or store it according to its instructions or dispose of it in another appropriate manner so that the defect can be examined. If the buyer justifiably accuses the company of a defect, the deadline for exercising rights from defective performance or the warranty period does not run in the form during which the buyer cannot use the defective item.

If the defect is rectifiable, the buyer can demand either repair or addition of what is missing, or a reasonable discount on the price. If the defect cannot be removed and if the object cannot be used properly, the buyer can either withdraw from the contract or demand a reasonable discount on the price.

If the buyer has a right according to the previous paragraph, he is also entitled to compensation for the costs purposefully incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period in which the defect must be pointed out, this right will not be granted if the company objects that the right to compensation was not exercised in time.

The right from defective performance does not exclude the right to compensation for damages; however, what can be achieved by exercising the right from defective performance cannot be claimed for another legal reason.

The company responds to the buyer that the item has no defects upon receipt. In particular, the company responds to the buyer that at the time the buyer took over the item,
a) the item has the properties agreed upon by the parties, and in the absence of an agreement, such properties that the company or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
b) the item is suitable for the purpose that the company states for its use or for which the item of this type is usually used,
c) the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
d) is the thing in the corresponding quantity, measure or weight and
e) the matter complies with the requirements of legal regulations.

If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.

If the nature of the purchase allows it, the buyer has the right to have the item checked in front of him or to have its functions demonstrated.

If the item has a defect that does not prevent the item from being used for its intended purpose, it can only be sold at a lower price than the usual price of a fault-free item. The seller will inform the buyer that the item has a defect and what kind of defect it is, if it is not already obvious from the nature of the sale.

The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. If the time during 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 in accordance with other legal regulations, the provisions on the quality guarantee shall apply.

If the buyer requests it, the company will confirm to him in writing the extent and duration of his obligations in the event of defective performance. The company has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer last. In the confirmation, he will also state his name, address and identifying information, as well as other information necessary to establish his identity.
If necessary, the company will explain the content, scope, conditions and duration of its responsibility in the confirmation in a comprehensible way, as well as the way in which the rights arising from it can be exercised. In the confirmation, the company will also state that the buyer's other rights related to the purchase of the item are not affected. Failure to fulfill these obligations does not affect the validity of the confirmation.
If the nature of the item does not prevent this, the confirmation according to the previous paragraph can be replaced by a document of purchase of the item containing the specified data. The provision on the buyer's right to exercise the right due to a defect that occurs in the consumer goods within twenty-four months of receipt does not apply
a) for an item sold at a lower price due to a defect for which a lower price was agreed,
b) on the wear and tear of the thing caused by its usual use,
c) in the case of a used item, a defect corresponding to the degree of use or wear and tear the item had when the buyer took it over, or
d) if it follows from the nature of the matter.

If the thing does not have the specified characteristics, the buyer can also demand the delivery of a new thing without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the thing, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge.

The buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.

The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.

If the item has a defect for which the seller is liable, and if it is an item sold at a lower price or a used item, the buyer has the right to a reasonable discount instead of the right to exchange the item.
Defect rights apply to the seller from whom the item was purchased.
If the buyer asserts a right from defective performance, the other party will confirm to him in writing when he asserted the right, as well as the execution of the repair and its duration.

11. Final Provisions

These terms and conditions are valid for all business cases concluded between the company H & D, as and the buyer. Buyer means a natural person as well as a legal entity. The legal relations of both contracting parties arising on the basis of a concluded order are governed by the provisions of the Civil Code in the case of a natural person, and by the Commercial Code in the case of a legal person.

The company, in accordance with the provisions of § 1820 paragraph 1 letter j) of Act No. 89/2012 Coll., Civil Code, informs the buyer that the out-of-court settlement of consumer complaints through mediation or arbitration is based on the voluntary participation of both parties, the objectivity and impartiality of these proceedings. With a possible complaint, the buyer can turn to the locally competent supervisory and control authority, which is the Czech Trade Inspection.
The Czech Trade Inspection inspects legal entities and natural persons selling or supplying products and goods to the internal market, providing services or developing similar activities on the internal market, or operating a market place (market place), unless, according to special legal regulations, supervision is carried out by another administrative authority or Act No. 64/ 1986 Coll., on the Czech Trade Inspection, as amended does not provide otherwise.
The Czech Trade Inspection handles consumer complaints in the manner and under the conditions set by the relevant legal regulations.
H & D, as reserves the right to change the terms and conditions depending on the change in the relevant legal standards, as well as the company's business policy. The company will announce this change and its effectiveness in an appropriate manner on the website www.hd-homedesign.store.

According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.