T&Cs: General terms & conditions
The present Terms and Conditions of Sale ("Terms and Conditions") apply to all sales of products made to you (the "Customer") in the countries listed here on the website www.radiators.shop.
1. General Stipulations
1.1 These General Business Terms (hereinafter referred to as the “Business Terms”) apply to purchases in the e-shop of the HOTHOT Exclusive s.r.o. , Company ID: 293 10 601, Tax ID: CZ 293 10 601 with its registered address in Brno - Mariánské náměstí 617/1, Komárov, Brno, postcode 617 00, registered in the Commercial register kept by the regional Court in Brno, section C, file No. 73121 and are presented at webpage of the company www.hothotradiators.com
1.2 These business terms specify in detail and clarify the rights and obligations of the seller and the buyer (hereinafter referred to as the “Buyer” or “Client“). The seller’s data are as follows:
HOTHOT Exclusive s.r.o. registered address: Brno- Mariánské náměstí 617/1, Komárov, Brno, postcode 617 00 Company ID:29310601, Tax ID: CZ29310601
e-mail:: [email protected] , tel.: +442 033 188 303
address for e-mail deliveries: [email protected]
(hereinafter referred to as the “Seller” or “the company HOTHOT Exclusive s.r.o.”)
1.3 In the case of the buyer being the consumer as defined in point 2.2 below, the relations untreated by these business conditions follow the civil code (Act No. 89/2012 Coll., as amended) (hereinafter referred to as “CivC”) and Act No. 634/1992 Coll. on the protection of consumers, as amended (hereinafter referred to as “the consumer protection act”).
1.4 By concluding the contract of purchase the buyer confirms to have acknowledged these business terms, to know their contents and to agree with them. These business terms make an integral part of the contract of purchase concluded.
2. Definition of Terms and Procedures for the Conclusion of the Contract of Purchase
2.1 The Seller is a company HOTHOT Exclusive s.r.o., Company ID: 293 10 601, TAX ID: CZ 293 10 601 with its registered address in Mariánské náměstí 617/1, Komárov, Brno, postcode 617 00, registered in the Commercial register kept by the regional Court in Brno, section C, file No. 73121.
The Seller is a legal entity acting within the scope of his commercial or other activities in the course of the conclusion and fulfilment of the contract. The Seller supplies products or provides other services to the Buyer on a direct basis or through other entrepreneurs. For detailed information about the seller, see point 1.2 above.
2.2 Any customer of our internet shop is a Buyer. The current legislation distinguishes between a Buyer who is a consumer, and a Buyer who is not a consumer.
A buying consumer or just a consumer is a person who, outside of his or her business or professional activities, enters into a contract, or becomes otherwise involved with an entrepreneur.
A Buyer who is not a consumer is an entrepreneur. A person who enters into contracts related to his or her own commercial, production, and/or similar activities during the independent execution of his or her profession, or a person acting on behalf of the entrepreneur is also considered an entrepreneur.
2.3 Subject of Purchase – the subject of purchase on the basis of the contract of purchase includes goods specified in the binding confirmation of an order by the Seller, based on which the contract of purchase is concluded. Information on goods available at www.radiators.shop is set depending on currently available data and information. The data on goods including the purchase price are decisive at the moment of the Buyer delivering the order to the Seller. The subject of purchase also includes the goods treated according to a consumer’s wish or for them (made-to-order products). In the case of made-to-order products, the decisive data on the goods will comply with the production drawing or figure and the price will be agreed by and between the contracting parties.
2.4 The procedure for conclusion of the contract of purchase is as follows. A buyer’s order is a draft of the contract of purchase. The contract of purchase is concluded by the acceptance of the draft, i.e. by binding confirmation of the order by the Seller delivered by e-mail to the Buyer. The Buyer’s order and the binding order confirmation by the Seller are considered to be delivered in the case of the relevant parties in order to be familiar with them. As from that moment, mutual rights and obligations as emerging from the contract of purchase concluded are established between the Buyer and the Seller. In the case of goods treated according to a consumer’s wish or personally for them (made-to-order products), the contract will be concluded by a binding confirmation of the draft for goods adjustment from the Seller to the Buyer (this will usually include a production drawing confirmation). The concluded contract may be in the Czech, Slovak, or English language, and shall be deposited with the Seller who, upon the request of the customer, shall enable access to it.
3. Rights and Obligations of the Contracting Parties
3.1 From the moment of conclusion of the contract of purchase, the Seller becomes obliged to pass the subject of purchase to the Buyer and the Buyer becomes obliged to take over the subject of purchase and to pay the agreed price to the Seller, i.e. the purchase price plus transport costs.
By concluding a contract of purchase, the Buyer confirms that he has made himself aware of these Business Terms, including the complaints procedure, and agrees with them. The Buyer is sufficiently notified about these Business Terms and the complaints procedure prior to placing the order, and has the possibility to make himself aware of them.
The Seller has the right to cancel the order, or part thereof, before concluding the contract of purchase, based on the agreement with the Buyer, in the following cases: the goods are not produced anymore, or the price of the supplier of the goods has changed significantly. In the event that the Buyer has already paid the purchase price, or part thereof, this amount shall be transferred to his or her bank account or address, and the contract of purchase shall not be concluded.
3.2 The Seller undertakes to supply the Buyer with perfect goods, according to the valid legislation of the Czech Republic, to an address in the Europe, provided by the Buyer.
3.3 The Buyer is obliged to take over the goods ordered and supplied in compliance with the contract of purchase and business terms. The Buyer is obliged to pay to the Seller the purchase price and transport costs in an appropriate way and on time, in compliance with the agreed conditions of the contract of purchase and business terms, published at www.radiators.shop
3.4 The ownership right passes to the Buyer only after full payment of the purchase price and hand over of the goods to the Buyer. The risk of occasional damage and occasional deterioration passes to the Buyer at the moment of hand over of the subject to the Buyer.
3.5 In compliance with § 53 para. 7 CivC., the Buyer – consumer, as defined in point 2.2 above, is entitled to withdraw from the contract of purchase in 14 days as of takeover of the so-called standard goods, marked on Seller’s web sites as “Our Goods”. In such a case the seller is entitled to compensation of costs related to the purchase and return of goods. It is not possible to withdraw from the contract in the case of supply of goods adjusted according to consumer’s wish or for them as a person or in the case of made-to-order goods, marked as “Your Goods” on web sites or goods that is in other colour than RAL 9016 or RAL 9010. Withdrawal from the contract, conditions, terms, and procedures to assert this right, as well as the contract withdrawal form, as defined by the Czech government regulation No. 363/2013 Coll., are published on the website of the seller: www.radiators.shop.
3.6 In the case that the Buyer – consumer decides to withdraw from the contract of purchase, the Buyer – consumer must state in written form that they withdraw from the contract, specifying the order number, purchase date and account number for money return. The money will be transferred to the given Client’s account after the return of goods to the company HOTHOT Exclusive s.r.o. in 14 days. The consumer is not entitled to return the goods cash on delivery or without prior information of the Seller.
Withdrawal from the contract must be performed by email at [email protected]
3.7 In the case of withdrawal from the contract, the consumer will send the goods at their own expense to the address of HOTHOT Exclusive s.r.o. ,Mariánské náměstí 617/1, Komárov, Brno, postcode 617 00.
Costs connected with purchase and return of goods include costs on return of goods in original condition, in the case that the goods were damaged or indicate wear and tear. In the case of returned goods being damaged, non-functional, incomplete or indicating wear and tear, the client will be repaid the purchase price decreased by costs spent by the Seller on returning the goods to their original condition. This does not affect the right to compensation of damage suffered by the Seller.
3.8 Based on the agreement, the paid financial sum’s return may be performed in the form of replacement with other goods of corresponding value, to be sent with the next order of the client or separately. In the case of the goods to be sent independently (in the case of goods replacement) the postal charge will not be charged, but only in the case of a first replacement.
3.9 If the Seller has the right, under the contract or these Business Terms, to withdraw from the contract, all rights and duties of the parties under the contract are terminated by said withdrawal.
3.10 However, provisions regarding contract penalties, default interests, confidentiality, and provisions regarding those rights and duties, the concept of which implies their continuity also after withdrawal (especially the obligation to provide monetary payments for performance provided prior to the effective withdrawal). A withdrawal from the contract does not affect the right to claim damages arising from breach of contract. A withdrawal from the contract does not affect the guarantee of obligations under this contract.
4. Payment for Goods
4.1 The goods shall be delivered to the Buyer only after full payment of the price and transport costs have been made.
4.2 The Buyer shall pay the purchase prize in full, by bank transfer to the bank account of the Seller based on the issued pro-forma invoice or by PayPal or by credit / debit card.
The Seller will send the pro-forma invoice to the Buyer for payment on the basis of an order receipt. The Buyer’s payment is supposed to be completed at the moment of the invoiced sum crediting to the Seller’s account. Then the goods are released from the warehouse respectively production of goods is started in the case of made-to-order goods.
5. Term of Delivery and Transport
5.1 The transport costs are as follows:
For retail customers (end customers, consumers) is free shipping in UK, EU countries ( no islands)
Delivery for retail customers in Switzerland and European islands: 49 eur
For wholesale customers in all EU and also non EU (businesses), transport is charged under a Trade Agreement or other concluded agreement.
The Seller shall inform the Buyer about the delivery date and the carrier sufficiently in advance, following the requested delivery date. The Buyer is obliged to provide the Seller with sufficient details to carry out the transport, such as delivery address, e-mail, and telephone number. Transport to another EU country shall be negotiated individually.
5.2 When taking over the delivery, the Client is obliged to check the delivery with the aim of establishing whether the package is unbroken and whether the delivery does not indicate clear signs of damage. In the case of the Buyer finding apparent signs of damage to the delivery at the moment of takeover, they are obliged to write a damage report with the carrier. In such a case, the Buyer is not obliged to accept the delivery. The buyer informs the Seller on delivery damage in the course of transportation without any unnecessary delay. In the case of the client accepting such a damaged delivery from the carrier, it is necessary to describe the damage in the carrier’s handover protocol. Simultaneously, the client checks the number of packages in the carriage document and the real number of delivered packages and these must be identical. In the case of the number of packages in carriage document not matching the number of delivered packages, the client takes the delivery over with reservation in the carriage document and reports the claim to the seller in written form. In the case of not doing so, the claim related to the missing package will not be approved.
6. Liability for Defects, Guarantee, and Complaint Rules
The provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Act nr. 89/2012 Coll., Civil Code) are mainly applicable in order to exercise the rights of liability for defective products in the online shop HOTHOT Exclusive s.r.o., and the Complaint procedure, which is published on the website www.radiators.shop, including the Complaint form, which can be used to file a complaint.
The Seller is liable in respect to the consumer, that the delivered goods are without defects upon receipt. The Seller is especially liable in respect to the consumer, that upon receipt:
the delivered goods have characteristics which the parties have agreed on, and in the event that such an agreement is missing, the delivered goods have characteristics as described by the Seller or the producer, or which the Buyer expected regarding the character of the goods and the advertisement of the Seller or the producer,
the delivered goods are suited to the purpose of use as stated by the Seller, or a purpose of use common for this kind of goods,
the quality of the delivered goods or their performance corresponds with the agreed sample or draft, if the quality or the performance were determined according to an agreed sample or draft,
the quantity, measure, and/or weight of the delivered goods is correct, and
that the delivered goods meet the requirements of the relevant valid legislation.
If the delivered goods do not have the above mentioned characteristics, the consumer can request a new delivery of appropriate goods without defects, unless this is inappropriate, considering the character of the defect; if this is not possible, the consumer may withdraw from the contract.
If the consumer does not withdraw from the contract, or if the consumer does not exercise his or her right to the delivery of replacement goods without defects, he or she may request an appropriate discount.
The Buyer does not have any rights resulting from damage caused by faulty delivery, if the Buyer prior to accepting the delivered goods knew that the delivered goods had a defect, or if the defect was caused by the Buyer himself.
The consumer is entitled to exercise his rights arising from any defect which occurs to consumer goods within twenty four months of receipt of said goods. If the defect occurs within six months of receipt, it is considered that the delivered goods were faulty already upon receipt.
Other rights and obligations of the parties related to the liability of the Seller for defects are governed by the Complaints procedure of the Seller, which is published on the website www.radiators.shop.
7. Protection of personal data
7.1 The buyer agrees with processing and collecting of his personal data in the seller's database after the contract has been executed. The buyer is entitled to withdraw consent to the processing of his/her personal data by written expression of disagreement with this processing that needs to be sent to the seller. Customer's personal data is secured against misuse.
7.2 The processing of personal data is done in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / ES (hereafter referred to as "GDPR"). Buyers agree that HOTHOT Exclusive Inc.handles, in accordance with the GDPR Regulation, his or her personal data, in particular the name, surname, address of his/her residence or place of his/her business and e-mail address, for the purposes and on the basis and within the scope of the Information for Personal Data Processing Persons available on the Company's website https://radiators.shop/gb, with which the Buyer was acquainted.
8. Final Stipulations
8.1 Governing Law
Issues that are not regulated by this contract, or are regulated only partially, shall be governed exclusively by Czech substantive law. Application of the UN Convention on the International Sale of Goods is hereby expressly excluded.
a) In the event of a dispute during the implementation of this contract, or in relation thereof, the parties shall endeavor to settle such a dispute by negotiation.
b) If such negotiation does not lead to the settlement of the dispute, the power to discuss and decide such a dispute is delegated to the permanent Arbitration Court of the Chamber of Commerce of the Czech Republic, and of the Agricultural Chamber of the Czech Republic, according to their procedures.
c) Any arbitration award issued by the above mentioned Arbitration Court shall be final and binding for the parties.
8.2 These business terms enter effectiveness as from the date of their publication and they are decisive for all and any orders done on that day or later. The Seller reserves the right to change the business terms. Validity of previous business terms is cancelled as of the date of publication of new business terms.
8.3 The Buyer is not entitled to assign a claim towards the Seller emerging from the contract of purchase to any third person without consent of the Seller.
8.4 Special arrangement with the client contained in the contract of purchase prevail over these business term stipulations that would be in contradiction.
8.5 These business terms make an integral part of the contract and the Buyer is obliged to read them.
8.6 In the case of any stipulation of the contract or business terms and conditions being considered partially or fully invalid, this does not affect the validity of the other stipulations. Instead of the invalid stipulation there will apply such a stipulation that will correspond with the meaning and purpose of the invalid stipulation to the maximal possible extent.
These conditions enter into effectiveness as of 25. 5. 2018.
HOTHOT Exclusive s.r.o.