NOTICE TO THE BUYER, WHO IS A CONSUMER, BEFORE CONCLUDING THE PURCHASE CONTRACT
1. In accordance with Part Four, Title I, Act. No. 89/2012 Coll., the Civil Code, in its effective text (hereinafter referred to as the “CC”), the following information will be communicated to the Seller before the conclusion of the Contract:
2. The delivery address for returning goods purchased from the Seller’s web interface is the address Higarden s.r.o., K Žižkovu 640/9, 190 00 Praha 9 - Vysočany, Czech Republic. The legal effects applicable remain in force even if the goods are delivered to the billing address. The billing address of the Seller is identical to the address of the registered company headquarters specified in the header of these Terms and Conditions. The withdrawal from the contract form is available here.
3.The Seller sells goods to the Buyer at the quality preconceived by Act No. 2161 of the CC, meaning the goods
- Have the properties that the Buyer has negotiated with the Seller. In the absence of an arrangement, the goods have the properties the manufacturer has described or which the Buyer expects with regard to the nature of the goods and the way they are advertised
- Are fit for the purpose the Seller states they are used for, or for which the goods are customarily used;
- Are in the appropriate quantity, measurement etc.
- Comply with the requirements of Czech legislation.
4. In case the goods fail to meet these requirements upon purchase, the Buyer has the right to receive new non-defective goods if it is not unreasonable due to the nature of the item. If the defect relates only to parts of the item, the Buyer may only require replacement parts; if this is not possible, he/she can withdraw from the contract.
5. If the Buyer does not withdraw from the Contract nor exercise the right to receive new non-defective goods or the replacement of parts or repair, he/she may request a reasonable discount on the price.
6. The Buyer has the right to a reasonable discount if the Seller can not deliver new non-defective goods, replace their parts or repair them, and if the Seller fails to amend the goods within a reasonable time or if the repair would cause serious difficulties for the consumer.
7. If a defect occurs within 6 (six) months of the delivery, the item is considered to have been already defective when received by the Consumer.
8. Unless explicitly stated otherwise, the Buyer is entitled to claim the rights of defective performance 24 months from the date of receipt of the goods.
9. The Seller is not responsible for defects if:
- the item was defective at the time of the takeover and a discount on the purchase price was agreed for such a defect;
- the goods are used and the fault corresponds to the degree of use or wear and tear of the goods had when they were taken over by the Buyer;
- the defect is caused by the wear and tear resulting from normal use or by the nature of the item (e.g. by its expiration);
- the defect was caused by the Buyer and arose from improper use, storage, improper maintenance by the Buyer’s intervention or mechanical damage;
- the defect arises as a result of an external event outside the Seller’s influence.
10. The Seller is not responsible for defects in goods exposed to conditions (e.g. increased temperature, dustiness, humidity, chemical, and mechanical effects) not suitable for normal use. The warranty also does not apply to defects caused by the normal wear and tear of the goods (or their parts) as a result of usage. A shorter lifetime cannot be considered a defect in this case or complained about.
11. The Seller also communicates the following information to consumers before the Purchase Contract is remotely concluded:
- The cost of remote communication does not differ from the basic rate charged to the consumer by his/her operator/service provider; the consumer is not forced to communicate with the Seller by means profitable to the Seller.
- The Seller requires the full payment of the purchase price before the goods are sent. Payments are executed either by bank transfer, online payment by a payment card, or by other means specified in the “Payment and Delivery” document. In the case of personal pick-up at the company premises, the consumer pays for their transit to the premises and back. When delivering through a postal service provider, the delivery charges are determined according to the rates in the “Payment and Delivery” document.
12. The Seller does not conclude contracts that are subject to repeated performance or contracts of indefinite duration.
13. All prices of goods and services are included in the web interface of the shop including VAT. Transport costs are listed in the “Payment and Delivery” document;
14. The consumer has the right to withdraw from a concluded contract (unless stated otherwise) within fourteen days which is effective when it concerns the following:
- Purchase Contract, from the date of receipt of the goods;
- A Contract whose subject is several types of goods or the delivery of several parts from the date of the last delivery of the goods;
15. The Consumer cannot withdraw from the Contract in the following cases:
- if the provision of services has been fulfilled with the Consumer’s prior express consent before the expiry of the withdrawal period from the Contract and the Seller has informed the consumer before concluding the contract that he/she has no right to withdraw from the Contract in such a case;
- the supply of goods or services, whose prices depend on financial market fluctuations, independent of the Seller’s will, and which may occur during the withdrawal period from the Contract;
- the supply of goods subject to quick perishing and goods that were irreversibly mixed with other goods after delivery;
- the supply of goods that have been modified according to the wishes of the Consumer or for his/her person, to goods produced differently from the standard at the customer’s request;
- goods in closed packaging which the consumer has removed from the packaging and cannot be returned for hygienic reasons;
- delivering an audio or video recording or a computer program if its original packaging has been damaged
delivery of newspapers, periodicals or magazines
- transport, if it is provided services within the specified time
16. In the case of cancellation, the consumer will bear the cost of returning the goods and, in the case of a contract concluded through means of remote communication, the cost of returning the goods if such goods cannot be returned by their normal postal means. If the consumer withdraws from the contract, he/she will send or hand over to the Seller the goods he/she has received without undue delay within 14 days of withdrawal from the Contract.
17. Upon withdrawal from the Contract within the statutory period of 14 days (Article VI.3. of the Terms and Conditions), the goods must be unused, undamaged, and in their original packaging, including all supplied accessories, with complete documentation.
18. Other returned goods, not specified above, are always assessed individually and the costs actually incurred for restoring the goods to their original condition will be notified to the Consumer in writing.
19. The Seller is entitled to reduce the amount of the returned purchase price for the goods to the Consumer by the above claims.
20. In the event of non-compliance with the requirements on the condition of the returned goods, in the event of withdrawal from the contract within 14 days, the Seller is entitled to reimbursement of the costs actually incurred in connection with the restoration of the goods to their original condition. With the possibility of contractual withdrawal from the Contract (Article VI.4. of the Terms and Conditions), the returned goods must be unused, undamaged, and packed in the original packaging, including all supplied accessories, with complete documentation.
21. In the event of non-compliance with the requirements on the condition of the returned goods in the event of this contractual withdrawal from the contract, the Seller has the right to refuse to withdraw from the Purchase Contract and send the returned goods back to the Consumer.
22. The contract is concluded in the English language and after its conclusion, the Seller archives the data about it. The concluded contract is archived by the Seller for a period of at least five years from the date of its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful fulfilment and is not accessible to third non-participating parties.
23. In the event of the complaint being rejected, the consumer is entitled to file a complaint with the supervisory or state supervision body, which is the Czech Trade Inspection (CTI). Out-of-court settlement of disputes is also dealt with by mediators, independent mediators of communication between the parties to the conflict. Their list is available at www.justice.cz, where you can enter a focus on consumer disputes in the search engine. The conditions are set by the mediators individually.