1. These general business terms and conditions (hereinafter referred to as "business terms") are issued in accordance with § 1751 et seq. Act No. 89 / 2012 Coll., Civil Code (hereinafter referred to as "Civil Code")

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H2O nanotec s.r.o.
Reg.nr.: 04281128
VAT Nr.: CZ004281128
residing: Ludvíkovice 271, 407 13 Ludvíkovice
Registry nr.: C 46800 at Regional Court in v Ústí nad Labem. 

Contacts

Jiří Polman
jiri.polman@h2onanotec.cz
+420 606 054 307
www.H2Onanotec.cz

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Milan Vrba
milan.vrba@h2onanotec.cz
+420 777 747 631
www.H2Onanotec.cz

(further as „Seller“)  

2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter: "buyer") through the web interface located on the website available at the internet address H2Onanotec.cz (hereinafter referred to as "online store").

3. The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

4. These Terms and Conditions and&nb;Purchase Agreement are concluded in Czech language.

II. INFORMATION ABOUT GOODS AND PRICES

1. Information about the goods, including the prices of the individual goods and its main features are listed with the individual goods in the online store catalog. The prices of goods are listed including value added tax. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.

2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

3. In the online store (or as part of the purchase process) information about the costs associated with packaging and delivery of goods is published. Information about costs associated with packaging and delivery of goods listed in the online store only applies in cases where the goods are delivered within the territory of the Czech Republic.

4. Possible discounts from the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise .

III. PURCHASE ORDER AND CONCLUSION OF PURCHASE AGREEMENT

1. 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 paid by the buyer himself. These costs do not differ from the base rate.

2. Buyr execute purchase order by following ways:

• through his/her customer account, if he/she had previously registered in the online store,
• Filling the Purchase Form withou the registration.

3. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the SEND ORDER button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the buyer that he has familiarized himself with these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is considered the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.

6. If the seller cannot fulfill any of the requirements listed in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in this case by the buyer's confirmation of acceptance of this offer to the seller at the email address specified in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification about acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.

8. In the event that there was an obvious error on the side of the seller when specifying the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of the ;receiving an order according to these terms and conditions. The seller informs the buyer about the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in this case by confirmation of acceptance by the buyer to the seller's email address.

IV. CUSTOMER ACCOUNT

1. Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data listed in the user account in case of any change. The data provided by the buyer in the v customer accounta and when ordering goods are considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. Buyer can not allow third parties to use his/her user account.

5. The seller can cancel the user account, especially if the buyer no longer uses his/her user account, or if the buyer violates his/her obligations under the purchase contract and these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially due to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of third-party hardware and software equipment.

7. By creating a user account, you agree to the processing of data that is necessary for working with the useer account. The seller describes the processing of personal data in more detail in the document GDPR.

V. PAYMENT CONDITIONS AND GOODS DELIVERY

1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:

• by cashless transfer to the seller's bank account No. 3274506002/5500, held at Raiffeisen Bank.
• cashless by payment or credit card
• cash on delivery or payment card when handing over the goods,
• in cash or by credit card when picking up PPL parcels in person

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.

4. In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

5. 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 bank account.

6. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.

7. 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 case of a technical failure within 48 hours at the latest

8. The goods are delivered to the buyer according to the agreed delivery method, i.e.:

• to the address specified by the buyer in the order
• through the parcel drop-off point at the drop-off address specified by the buyer
• by personal collection at the seller's premises

9. The choice of delivery method is made during the ordering of goods.

10. Costs for the delivery of goods depending on the method of sending and receiving the goods are stated in the buyer's order and in the seller's order confirmation. If the mode of transport is contracted based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

11. 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, for reasons on the buyer's side, the goods have to be delivered repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.

12. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In the case of finding a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

13. The seller issues the buyer a tax document – invoice. The tax document is sent in electronic form to the buyer's email address.

14. The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods, including delivery costs, but first by receiving the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of taking over the goods or at the time when the buyer had the obligation to take over the goods, but did not do so in violation of the purchase contract.

VI. WITHDRAWAL FROM CONTRACT

1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.

2. The deadline for withdrawing from the contract is 30 days from the day of receipt of the goods.

3. To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.

4. To withdraw from the purchase contract, the buyer can use the form for withdrawal from the contract provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.

5. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days after withdrawing from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even in the event that the goods cannot be returned by the usual postal route due to their nature.

6. If the buyer withdraws from the contract, the seller will return to him without delay, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, which he accepted, and in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees to it and if it does not incur additional costs.

7. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.</p >

8. If the buyer withdraws from the purchase contract, the seller 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 seller.

9. The buyer must return the goods to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

10. The seller is entitled to withdraw from the purchase contract due to sold out of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has stopped production or import of goods. The seller immediately informs the buyer via the email address specified in the order and, within 14 days from the notification of withdrawal from the purchase contract, he will return all funds, including delivery costs, that he received from him on the basis of the contract, in the same way, or in the same way designated buyer

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

• the goods have the properties that the parties have agreed upon, and in the absence of such agreement, they have the properties that the seller has described or that the buyer expected, taking into account the nature of the goods and on the basis of their advertising,
• the goods are suitable for the purpose for which the seller states or for which goods of this type are usually used,
• the quality or design of the goods corresponds to the contracted model. If the quality or design was determined according to the contracted model,
• the goods is in the corresponding quantity 
• the goods comply with the requirements of legal regulations.

2. If a defect becomes apparent within six months of the buyer receiving the goods, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, to used goods to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or results if it is due to the nature of the goods.

3. In the event of a defect, the buyer can submit a claim to the seller and demandt:

• Exchange for the new goods,
• Repare,
• Reasonable discount of the purchase price.

4. The buyer has the right to withdraw from the contract in certain cases, namely:

• if the goods have a substantial defect,
• if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in the event of a greater number of product defects.

5. The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, or even in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the claim .

6. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the day the complaint was made, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of application of the complaint is considered to be the moment when the buyer's will is manifested (the exercise of the right from defective performance) to the seller.

7. The seller informs the buyer in writing about the result of the complaint.

8. The right from 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 caused the defect himself.

9. In the event of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right at the seller within a period of one month after the expiry of the warranty period.

10. The buyer has the choice of the complaint method.

11. The rights and contracting parties regarding rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

VIII. DELIVERY

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The buyer delivers correspondence to the seller to the email address specified in these General Terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or specified in the order form.

IX. AVOIDING JURIDICIAL RESOLUTION OF DISPUTES

1. According to Act No. 634/1992 Coll., on consumer protection, the Buyer as a consumer has the right to Avoiding court settlement of a consumer dispute arising from the contract. In this case, he is entitled to contact the Czech Trade Inspection (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, web: adr.coi.cz). An out-of-court settlement of a consumer dispute is initiated exclusively at the request of the Buyer, in the case that the dispute could not be resolved directly with the Seller. The proposal can be submitted no later than 1 year from the day when the Buyers first asserted their right, which is the subject of the dispute, with the Seller. The buyer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.

2. European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: www.evropskyspotrebitel.cz is the contact point according Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and ;directive 2009/22/EC (regulation on resolving consumer disputes online).

3. The Czech Trade Inspection supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection.

X. FINAL PROVISIONS

1. All arrangements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights resulting from generally binding legal regulations.

2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

3. All rights to the seller's website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.

4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store without authorization and use the online store store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.

5. The buyer hereby assumes the risk of a change in circumstances in the sense of §1765 paragraph 2 Civil Code.

6. The purchase contract, including terms and conditions, is archived by the seller in electronic form and is not accessible.

7. 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 period of validity of the previous version of the terms and conditions.

8. The sample form for withdrawal from the contract is attached to business terms and conditions, which you can download here in the format PDF.

These General terms and conditions take effect on 1.1.2023