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These Business Terms and Conditions apply to shopping in the online shop operated by Hayashi.cz s.r.o. from 1 January 2016.
The Terms and Conditions define in detail and specify the rights and duties of the seller, i.e. Hayashi.cz s.r.o., with the registered office in Seydlerova 2149/7, Praha 5, 158 00. Company ID No. 03472591, Tax ID No. CZ03472591.
All contractual relationships are concluded in compliance with the legal order of the Czech Republic. If the other contracting party is a consumer, then the relationships not regulated by the Business Terms and Conditions are governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). It the other contracting party is not a consumer but a business operator, the relationships are governed by the Commercial Code.
The seller is Hayashi.cz s.r.o. which acts in the course of its business or other entrepreneurial activities when concluding and performing a contract. Hayashi.cz s.r.o. is a business operator that delivers products or provides services to the buyer directly or through other business operators.
The customer of our online shop is the buyer. However, in view of the current legislation, a buyer who is a consumer and a buyer who is not a consumer are distinguished.
A buyer-consumer, or only a consumer, is anyone who, outside the scope of its business activities or outside the scope of the independent exercise of his / her profession, concludes a contract with or deals with the business operator.
A buyer who is not a consumer is a business operator. Anyone who concludes contracts related to their own business, production or similar activity or in the independent exercise of their profession or, as the case may be, a person acting in the name or on behalf of the business operator is considered a business operator.
If the buyer is a consumer, the proposal for the conclusion of the purchase contract (offer) is the placement of the offered goods by the supplier on the website, and the purchase contract is created by sending the order by the buyer-consumer and by the acceptance of the order by the supplier. The supplier will be immediately confirm the acceptance to the buyer by means of an informative e-mail to the e-mail address that has been entered; this confirmation, however, does not affect the creation of the contract. The resulting contract (including the agreed price) may be altered or cancelled only by agreement of the parties or for legal reasons.
Before sending the order to the seller, the buyer may check and change the data he/she has entered into the order, also with regard to the buyer´s possibility to find and correct any errors occurred when entering the data in the order. The buyer will send the order to the seller by clicking on the “Send order” button.
If the buyer is not a consumer, the proposal to conclude a purchase contract is the order of goods sent by the buyer, and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer with this proposal. By signing the purchase contract, the buyer confirms that he has become familiar with these Business Terms and Conditions, including the Complaints Rules, and agrees with them. The buyer is notified of these Terms and Conditions and the Complaints Procedure and has the opportunity to become acquainted with them in sufficient time before making the order.The deadline for settling complaints is suspended if the seller has not received all the documents needed to handle the complaint (parts of the goods, other documents, etc.). The seller is required to request the buyer to complete the materials in the shortest possible time. The time limit is suspended from this date until the buyer has provided the requested documents.The seller reserves, inter alia,the right to cancel the order or part thereof before the purchase contract is concluded, based on an agreement with the buyer, in the following cases: the goods are no longer produced or delivered or the price of the goods has changed significantly. In the event that the buyer has already paid part or the whole of the purchase price, this amount will be transferred back to his/her account or address and the purchase contract will not be concluded.No consumer rights can be applied to gifts that are provided entirely free of charge. Such goods meet the terms of the Gift Agreement and all the standards according to the valid legislation of the Czech Republic
The rights and duties of the contracting parties regarding defective performance are governed by the applicable generally binding regulations (especially the provisions of ss. 1914 – 1925, ss. 2099 – 2117, ss. 2161 – 2174 of Act No. 89/2012 Coll., Civil Code). The seller is liable to the consumer that the item has no defects when taken over. In particular, the seller is liable to the consumer that at the time the consumer took over the item, the item has the properties negotiated by the parties and, in the absence of an arrangement, such properties as the seller or the manufacturer has described or as the buyer has expected with regard to the nature of the goods and based on the advertising used by the seller, the item is fit for the purpose which the seller described for its use or for which the item is normally used; the item corresponds to the quality or design of the agreed sample or original if the quality or design was determined according to the agreed sample or original the item is in the appropriate quantity, degree or weight; and, the item complies with the legal requirements.If the item does not have the above characteristics, the consumer may also require the delivery of a new item without defects if this is not disproportionate due to the nature of the defect, but if the defect relates only to parts of the item, the consumer may only require replacement of that part; if this is not possible, the consumer may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the consumer has the right to a free removal of the defect. The consumer even is entitled to a new item or to a replacement in the case of a defect that can be remedied if the item cannot be properly used for repeated occurrence of the defects after repair or for more defects. In such a case, the consumer has the right to withdraw from the contract
If the consumer does not withdraw from the contract or if the consumer does not exercise the right to be delivered a new item without defects, to have its part replaced or to have the item repaired, the consumer may require a reasonable discount. The consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace or repair the item, and if the seller fails to remedy within a reasonable time or in the case the remedy would cause serious difficulties to the consumer.
The right arising from defective performance does not belong to the buyer if the buyer knew before the acceptance that the item was defective or if the buyer caused the defect himself.
The consumer is entitled to claim the right arising from a defect that occurs with consumer goods within twenty-four months of the acceptance. If a defect occurs within six months of the acceptance, the item is deemed to have been defective at the time of its acceptance.Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's Complaint´s Rules.
If the purchase contract is concluded by means of remote communication (online shop), the consumer has in compliance with s. 1829 (1) of the Civil Code the right to withdraw from the contract without giving a reason within 14 days from acceptance of the goods (in case the subject of the purchase contract is several types of goods or delivery of several parts, this period starts on the day of acceptance of the last delivery). A notice of withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
In case the consumer wishes under the previous paragraph to withdraw from the contract within 14 days, he/she shall contact the seller and indicate in writing preferably that he/she will withdraw from the contract, ideally giving also the order number, purchase date and bank account number to which the money can be refunded. Note: Money can also be refunded in cash at the company´s headquarters or at one of the operating premises.
If the buyer withdraws from the contract under the preceding paragraphs, the seller shall return the money received from the buyer (excluding the amount representing the additional cost of delivering the goods resulting from the purchaser´s selected delivery method which is different from the least expensive standard delivery of the goods offered by the seller) within 14 days after the buyer withdrew from the purchase contract in the same manner as the seller accepted the money from the buyer unless the buyer specifies otherwise. The seller is also entitled to return the money provided by the buyer upon returning the goods by the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.However, the provisions of the code on withdrawal within the 14-day period cannot be understood as the possibility of free-of-charge lending of the goods. In the event that the consumer wishes to exercise his/her right to withdraw from the contract within 14 days of the receipt of the item, the consumer must, within 14 days of withdrawal, deliver to the seller everything he/she has obtained under the purchase contract. If this is no longer possible (for example, if the goods have been destroyed or consumed in the meantime), the consumer must provide a cash refund in return for what cannot be returned. If the returned goods are only partially damaged, the seller may exercise its right to claim damages on the consumer and set off its claim on the returned purchase price. In such a case, the seller is obliged to prove the damage. In this case, the seller returns only the reduced purchase price to the consumer.
Tooth protectors of any type cannot be returned or altered for hygienic reasons. In the event of withdrawal, the consumer shall bear the costs of returning the goods. The seller may set off its really incurred costs of returning the goods against the purchase price to be returned to the buyer.
The consumer does not have the right to withdraw from contracts in compliance with the provision of s. 1837 of the Civil Code especially in the case of the following contracts:
Personal data about the customers are kept in accordance with the valid legal regulations of the Czech Republic. Our company shall act as the personal data controller. The processing of personal data about customers is necessary for the conclusion of the purchase contract with our company and its performance. The controller handles the personal data provided by the customer or the personal data the manager has obtained on the basis of performance of the customer's order. The controller declares that it has taken all appropriate technical and organizational measures to secure the customer's personal data. The purpose of processing personal data is to execute the customer's order and to exercise the rights and obligations arising from the contractual relationship between the customer and our company; personal data necessary for the successful execution of the order (name and surname and contact details - email, telephone and address); the provision of the personal data is a necessary requirement for the conclusion and performance of the contract; without the provision of the personal data it is not possible to conclude the contract or perform it by the company. Our company keeps personal data for the time necessary to exercise the rights and obligations arising from the contractual relationship between the customer and our company and the claims arising from these contractual relationships (for 15 years from the termination of the contractual relationship). At the end of the time limit for storing the data, the controller will erase the personal data. Under the terms and conditions set forth in the legal regulations, the customer has the right to access his or her personal data, the right to correct the personal data or to have their processing restricted, the right to delete the personal data, the right to object to processing and the right to data portability. In addition, the customer has the right to file a complaint with the Personal Data Protection Office if he/she believes that his/her privacy has been infringed.
The recipients of personal data are persons involved in the delivery of goods under a contract and providing online shop services and other services in connection with the operation of the online shop.
Controller´s contact data is: Hayashi.cz s.r.o., with the registered office in Seydlerova 2149/7, Prague 5, 158 00, Company ID No.: 03472591.VII. Cost of using means of remote communication The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself. VIII. Information about out-of-court settlement of consumer disputesDear customers, we would like to inform you that we always try to properly discuss and solve any disputes and all your requirements, etc. that may arise between you and our company to the mutual satisfaction.
However, if your claims could not be satisfied and a dispute has arisen between you and our company, you have the right to a so-called out-of-court settlement of a consumer dispute from a sales contract for our goods or a contract for the provision of our services (“Consumer Dispute”). In the case of a Consumer Disputes concerning the sale of our goods or the provision of our services, it is the Czech Consumer Inspection - www.coi.cz ("COI") that is competent to settle any Consumer Disputes out of court. You may contact them regarding any Consumer Disputes. From 15.02.2016, you can use a proposal form to open out-of-court dispute resolution and obtain information on out-of-court settlement of Consumer Disputes (including cross-border disputes) also on the websitehttps://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.There may also be other so-called authorized persons / entities for out-of-court settlement of Consumer Disputes, where extrajudicial solutions can also be launched and settled.
The out-of-court settlement of a Consumer Dispute is such that it is initiated upon a consumer's proposal with the Czech Consumer Inspection (or other authorized person), which must include:
a) (Your and our) identification data of the parties to the dispute; b) Full and clear description of decisive facts (what is disputed);c) Identify what the plaintiff (you) is seeking (e.g. purchase price refund, replacement of goods, etc.); d) Date when the plaintiff exercised his/her right that is the subject of dispute with the seller for the first time (e.g. when the plaintiff exercised his/her right that is the subject of the dispute with the seller for the first time (e.g. first complaint); e) Astatement that a court has not ruled on the matter, that an arbitration award has not been issued and no agreement has been reached between the parties in the out-of-court settlement of the Consumer Dispute and no court proceedings, arbitration or out-of-court settlement of the Consumer Dispute has not been commenced under this Act; f) Date and signature of the plaintiff (your signature).
The proposal will be accompanied by evidence that the plaintiff has not been able to resolve the dispute directly (for example, our correspondence, etc.) and other documents evidencing the alleged facts, if available. A power of attorney shall be attached to the proposal when the plaintiff is represented by a power of attorney. The proposal may be filed in writing or verbally in the protocol or electronically via an on-line form on the Czech Consumer Inspection website, signed by a recognized electronic signature or sent via the data box of the person submitting the proposal. The plaintiff (you) may file such a proposal with the COI or other authorized body within one year at the latest from the date on which he/she first exercised his / her right that is the subject of the dispute at the seller (e.g. withdrawal / complaint). An out-of-court settlement of a Consumer Dispute must be completed within 90 days of its commencement. For particularly complex disputes, the deadline may be extended for up to a further 90 days. Out-of-court settlement of a Consumer Dispute shall terminate:a) By entering into an agreement by the parties to the dispute (voluntary); b) By a one-sided statement of the consumer about termination of his/her participation in the settlement of a dispute that was reported to the COI or another authorized body; c) By death, declaration of death, declaration of absence or termination of one of the parties to the dispute without a legal successor; d) By expiration of the time limit given for the dispute settlement in vain; e) By refusal of the proposal (due to its faults). Out-of-court settlements of Consumer Disputes is free of charge. Any costs associated with an out-of-court settlement of Consumer Disputes are borne by the parties themselves.The COI or another authorized entity will set out rules for out-of-court settlement of Consumer Disputes to better define the procedure for out-of-court settlements of Consumer Disputes in order to comply with legal rules. If the out-of-court settlement of a Consumer Dispute does not lead to settlement of the Consumer Dispute, you may always address court. Of course, you do not even have to use the out-of-court settlement of the Consumer Dispute (but this is always recommend) and you can directly address a competent court of justice for the settlement of the dispute. IX. Final provisions
Consumer complaints are handled by the seller through an electronic address email@example.com. The seller will send the information on the resolution of the dispute to the buyer's electronic address.
The seller is authorized to sell the goods on the basis of a trade license. An inspection of the trade license is carried out within the scope of competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Consumer Inspection exercises to a limited extent, inter alia, the supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
These Terms and Conditions apply in the wording given on the seller's website on the date of the purchase agreement. After its confirmation as a signed contract between the buyer and the seller, the consumer's order is archived for the purpose of performing it, and other records and its status are accessible to the buyer. The contract may be concluded in the Czech language, or in other languages as well, if this is not the reason for the conclusion of the contract. By purchasing, the customer agrees to be send business communication.
These Terms and Conditions allow for the consumer to archive and reproduce them. By the conclusion of the purchase contract, the buyer accepts all the provisions of the Business Terms and Conditions as in force on the day of dispatch of the order, including the price of the ordered goods stated in the confirmed order, unless otherwise agreed in the specific case. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, the seller shall register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
These Terms and Conditions become effective on 1 January 2016