Terms and Conditions

COMPANY HEFAISTOS Ltd. for sale of goods via the online shop at www.hefaistos.eu

I. Basic provisions

These Terms and Conditions (hereinafter referred to as the “TC“) govern the relations between the parties of the purchase contract, on side Hefaistos company ltd., company ID 44797346, Tax ID CZ44797346, with its registered office at U starého stadionu 1551/1, 153 00 Praha 5 – Radotín the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 5604 as the Seller (hereinafter referred to as the “Seller“) and, on the other, the Buyer (hereinafter referred to as the “Buyer“).

Further information on the Seller is available at www.hefaistos.eu in the “About Us” section.

The Buyer is a Consumer or an Entrepreneur.

A Consumer is any person who enters into a contract with the Seller outside the scope of his / her business or outside of the independent performance of his / her occupation.

The Entrepreneur is the one who independently carries out on his / her own account and the responsibility for gainful activity in a trade or similar manner with the intention of doing so consistently for profit. Any person who concludes contracts related to his / her own business, production, or similar activity or in the independent exercise of his / her profession or a person acting in the name or on behalf of the Entrepreneur is also considered to be the Entrepreneur. For the purpose of the TC, the Entrepreneur means one who acts in accordance with the previous sentence in his / her business activity. If the Buyer indicates his identification number in the order, he / she acknowledges that the rules set out in the TC for Entrepreneurs apply to him / her.

By submitting the order, the Buyer confirms before entering into the contract that these TC, which form an integral part of the communication before the conclusion of the contract contained in Article II, the Complaints Procedure, and the document “Means of Transport”, and expressly agree with them, in the valid and effective at the time of sending the order.

Buyer is aware, that by buying products, which are in the Seller’s business offering, he doesn’t receive any rights to use Seller’s registered trademarks, trade names, Seller logos, or Seller’s contractual partners unless otherwise agreed in a particular case.

Buyer will receive a link to the TC in the order confirmation at the specified email address. Invoice containing basic contract data, incl. receipts under the Sales Records and Tax Documents Act, the Buyer receives a link to the Invoice download. The Buyer agrees to this. References to these Documents are sent to the Buyer to the e-mail address the Buyer provides while ordering. In case of interest in sending the invoice in paper form, you can use our contact form

II. Pre-contract notice

The Seller states that

  1. He requires payment of the purchase price prior to the acceptance of the Buyer’s fulfilment by the Seller; the obligation to pay a deposit or a similar payment relates to the Buyer’s requirements to provide specific services when required and provided;
  2. The Seller doesn’t enter contracts for repeated performance, if the Seller mediates such a contract, the shortest period of time the parties are bind by the contract, is announced by the supplier of the transaction, including the price or manner of its assignment, for a single billing period, which is always one month, if this price is unchanged;
  3. The prices of goods and services are included on the site operated by the Seller including VAT, including any fees prescribed by law;
  4. The cost of delivering the goods or services:
 Size of package   
  
Delivery in Czech Republic:up to 2kgup to 5kgup to 15kgover 15kg
Czech Post – package to person139 CZK169 CZK219 CZKindividually
Czech Post – package to post office109 CZK129 CZK179 CZKindividually
Zásilkovna79 CZK79 CZK108 CZKindividually
PPL149 CZK179 CZK239 CZKindividually
DHL525 CZK675 CZK1 270 CZKindividually
Delivery out of Czech Republic:    
Slovakia – Czech post559 CZK649 CZK689 CZKindividually
Slovakia – DHL425 CZK555 CZK1 150 CZK 
Europe – Czech post885 CZK1 050 CZK1 275 CZKindividually
Europe – DHL885 CZK1 205 CZK1 355 CZK 
Other destinations except of ČR, SK, EU – ČP975 CZK1 115 CZK1 455 CZKindividually
Other destinations except of ČR, SK, EU – DHL950 CZK1 350 CZK3 950 CZKindividually

 

Way of payment   
Cash or card in the shop in Prague, Rybna 21
free of charge  
Cash on delivery35 CZK  
Payment card (online via internet)free of charge  

5. In the case that the Buyer is a Consumer, such Consumer has the right to withdraw from the contract (unless otherwise specified below) within the fourteen days that is running, if it is

a. A sales contract, from the date of receipt of the goods

b. A contract covering several types of goods or the delivery of several parts, from the date of the last delivery of the goods;

c. A contract whose object is the regular repeated supply of goods from the date of the first delivery of the goods;

d. These withdrawals must be sent to the address of the Seller’s or to the e-mail address: eshop@hefaistos.eu

6. The Consumer cannot withdraw from the contract:

a. The supply of goods which has been adjusted according to the wishes of the Consumer or for him;

b. The supply of goods in a sealed packaging, which the Consumer has removed from the packaging and cannot be returned for hygienic reasons;

7. In the event of withdrawal, the Consumer shall bear the cost of returning the goods;

8. The relevant invoice will be stored in the Seller’s electronic archive;

9. If the Consumer has a complaint, he can apply this via the contact form, complaints may be addressed to a supervisor or a state supervisor.

10. The contact e-mail address is: eshop@hefaistos.eu

III. Contract

1. Conclusion of the contract

The Buyer may conclude the Contract by accepting a proposal to conclude a contract on the website operated by the Seller by inserting the required delivery into the basket. The Buyer can be assisted by the Seller, either directly at the shop or by phone or email order, when signing the contract. Before the Buyer confirms the order, the Buyer has the right to change both the required performance, the transportation, and the method of payment, i.e. to check all the data entered in the order.

The Purchase Agreement arises from the sending of an order to the Buyer after the transport has been selected and the method of payment and the acceptance of the order by the Seller, who is responsible for any errors in the data transfer. Conclusion of the contract is immediately confirmed to the Buyer by an informative from the Seller.

The resulting contract (including the agreed price) may be altered or cancelled only by agreement of the parties or for legal reasons, unless stated otherwise in the TC.

The concluded contract has been archived by the Seller for at least five years after its conclusion, and maximum time according to the relevant legal regulations, to successfully fulfil the contract and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract can be seen from these business conditions, where the process is clearly described.

2. Delivery of the item of purchase

By the Purchase Contract, the Seller agrees to transfer the item (the goods) to the Buyer and allows the Buyer to acquire ownership of it, while the Buyer undertakes to pay the Seller the purchase price for the Goods.

The Seller has the property rights to the goods, and therefore the Buyer becomes the owner only after full payment of the purchase price.

The Seller transfers the goods to the Buyer, as well as the documents relating to the matter, and will enable the Buyer to acquire ownership of the property in accordance with the contract.

The Seller will comply with the obligation to transfer the item to the Buyer, allowing him to dispose of the item at the place of performance and to notify him in good time.

If the Seller dispatches the goods, he gives the Buyer the goods by giving it over to the first carrier for delivery to the Buyer and allows the Buyer to claim the rights from the transport contract with the carrier, the item is delivered by handover and takeover from the carrier. The Seller transfers the good to the Buyer in the agreed quantity, quality, and execution.

If it is not agreed how the item is to be packed, the Seller packs the item according to the custom and transportation needs.

3. Transition of risk of damage

VThe good is defective if it does not have the agreed properties. Different execution of the service or errors in the necessary documents are also considered defects.

The Buyer’s right to defective performance creates a defect that is inherent in the passing of the risk of damage to the Buyer, even if it occurs later. The Buyer’s right shall establish a later defect that the Seller caused by a breach of his obligation.

The Buyer will inspect the good as soon as possible after the handover in case of damage to the item, and check of its properties and quantity.

The risk of damage passes to the Buyer by taking over the item. The same applies if the Buyer does not take the good, even though the Seller has allowed him to use it.

Damage to things that arises after the risk of damage to the item has passed to the Buyer does not affect the Buyer´s obligation to pay the purchase price unless the Seller has caused a breach of its duty.

Delay of pick-up by the Buyer enables the other side to, after several warnings, to appropriately deliver the good to the Buyer, after providing the Buyer a sufficiently long time to pick-up the good. This also applies, if there is a delay in payment, which is a condition to the handover of the goods.

4. The Hephaistos Responsibility

Seller is liable to the Buyer, that the item does not have defects upon takeover. The Seller is liable to the Buyer that at the time the Buyer took over,

a. the item has properties negotiated by the parties and, in the absence of an arrangement, such features as the Seller or the Manufacturer has described or expected by the Buyer regarding the nature of the goods and the advertising they make;

b. the thing is suitable for the purpose for which the Seller indicates or to which the thing of its kind is normally used;

c. the matter is in the appropriate quantity and

d. the case complies with legal requirements.

The Buyer is entitled to claim the right to a defect that occurs on Consumer goods within twenty-four months of receipt, unless stated otherwise, but this does not apply to:

a. in a case sold at a lower price for a defect for which the lower price was agreed;

b. the wear and tear of a thing caused by its usual use;

c. if it arises from the nature of the matter.

The right to defective performance of the Buyer does not apply if the Buyer knew before the takeover of the item that the item had a defect or if the Buyer caused the defect himself.

5. Significant breach of contract

If the defective performance is a material breach of contract, the Buyer is entitled to:

  1. To remove the defect by delivering a new item without defect or by supplying the missing item if this is not disproportionate due to the nature of the defect, but if the defect only concerns the part of the item, Buyer may require only replacement of the part; if this is not possible, the Buyer can withdraw from the contract. However, if the defect is disproportionate due to the nature of the defect, in particular if the defect can be remedied without delay, the Buyer has the right to free defect removal ;
  2. to repair a defect;
  3. to withdraw from the contract.

The Buyer will inform the Seller of the right he has chosen when notifying the defect or without delay after the defect is notified. The Buyer may not change the choice without the Seller’s consent; this does not apply if the Buyer has requested a repair of a defect that turns out to be irreparable. If the Seller fails to repair the defect within a reasonable time or notifies the Buyer that the Seller will not repair the defect, the Buyer may withdraw from the contract.

6. Insufficient breach of contract

If the defective performance is an irrelevant breach of contract, the Buyer has the right to remove the defect.

Until the Buyer withdraws from the contract, the Seller may deliver what is missing or remove a legal defect. Other defects may be removed by the Seller by his or her repair or by the delivery of a new item.

If the Seller fails to remove the defect in good time or the defect is rejected, the Buyer may withdraw from the contract.

IV. Withdrawal from the contract

1. Withdrawal from the contract by the Consumer

The Consumer has the right to withdraw from the contract within a period of 14 days. The period runs from the day of the conclusion of the contract and, if it is

a. a purchase contract, from the date of receipt of the goods;

b. a contract covering several types of goods or the supply of several parts from the date of the last delivery of the goods or

c. contract, which is a regular repeated supply of goods, from the date of the first delivery of the goods.

Seller allows the Consumer to withdraw by written form or e-mail to address: eshop@hefaistos.eu

If the Consumer withdraws from the contract, he shall send or hand over to Seller, without delay, not later than fourteen days after termination of the contract, the goods received from the Seller at his own expense.

The goods should be returned by the Consumer complete, i.e. including all the supplied accessories, with complete documentation, undamaged, clean, preferably including the original packaging, in the condition and value of the goods.

If the Consumer decides to withdraw within the specified time limit, the Seller recommends delivery to the address of the Seller together with the enclosed voluntary letter with the reason for withdrawal of the purchase contract (not a condition), the purchase receipt number and the bank account number.

The Consumer is liable to the Seller only for the impairment of the value of the goods that arose from the handling of the goods other than the necessity to dispose of it regarding its nature and properties.

In the case of cash repayment, the Seller may request the presentation of an identity card (ID or passport) in order to prevent damage and to prevent the legalization of proceeds from crime. Without submitting any of these documents, Seller may refuse to refund the funds.

If the Consumer withdraws from the contract, the Seller shall return to him without delay, not later than fourteen days after termination of the contract, all the funds he has received under the contract in the same way.

If the Consumer has a full registration (name, surname, address, and contact email), the Seller shall return the money received by the means which the Buyer accepted the purchase agreement.

If the Consumer withdraws from the contract, the Seller is not obliged to return the received funds to the Consumer before the Consumer delivers the goods to him. or proves that the goods have been dispatched to the Seller.

2. Withdrawal in other cases

If the Buyer is allowed to withdraw from the Purchase Agreement within 14 days, the Buyer acknowledges that the returned purchase price may be lowered by the diminished value of the goods.

If the Buyer is allowed to withdraw from the purchase agreement within 14 days and the returned goods are not in the original packaging, including all parts and accessories, the Buyer acknowledges that the Seller reserves the right to charge such a return to the Seller by such amount as the Seller offsets the costs that are necessary to re-sell the goods.

Entrepreneur cannot withdraw from the contract or demand the delivery of a new thing unless the good can be returned in the condition in which the Buyer received it. This doesn’t apply if

a. the change in status due to a search for the purpose of detecting a defect;

b. if the Business used the good before the discovery of the defect;

c. .if the Buyer sold the good before the discovery of the defect, if it has been consumed it or if it has altered the good in its normal use; if only in part, the Buyer shall return to the Seller what else he may return and shall refund the Seller to the amount in which he has benefited from the use of the item.

If the Buyer did not notify the defect in good time, he or she will lose the right to withdraw from the contract.

In order to protect the rights of the Buyer, if the Buyer is a legal entity and will require the payment of the credit note in cash directly at the Seller’s store, then the relevant amount will be transferred only to persons authorized to act for the legal entity concerned, i.e. the statutory body or the person to be proved an officially authenticated power of attorney, or a person who is listed as an “administrator” in the Buyer profile at www.hefaistos.eu.

V. Opening hours

Orders via Hefaistos online store: 24 hours a day, 7 days a week.

In the event of a failure of the information system or force majeure, the Seller shall not be held liable for non-observance of the operating time.

VI. Prices

All prices are contractual. The online e-shop www.hefaistos.eu always up-to-date and valid in Czech currency (CZK) for Czech customers, for foreign customers in currency EU (EUR).

The prices listed for each product are final, including VAT, all other taxes, and fees that the Consumer must pay for the goods, however this does not apply to the possible charges for transport, conveyance, and communication costs of distance, which are mentioned in the shopping cart and their amount depends on the Buyer’s choices.

The promotional prices are valid until the stock is sold out, when the number of pieces of the stock is stated or for a specified time.

The original price is the price for which the goods were sold by the Seller without considering any possible bonuses, marketing campaigns to support sale and other discount actions on an e-shop operated by the Seller, or a price not reliant on the recommended price by the manufacturer or distributor, which better reflects the price level of the product in the market.

The Seller reserves the right to declare the purchase contract invalidated if misuse of personal data, misuse of a payment card, etc., or due to an intervention by an administrative or judicial body. Buyer shall be informed of such procedure. The Buyer notes that in these cases, the Purchase Agreement cannot be validly incurred.

VII. Ordering

The price will be stated in the order and in the message confirming receipt of the order of the goods. You can order them in the following ways:

a. through Hefaistos online shop (hereinafter referred to as “e-shop”);
b. in person at the Hefaistos shop, Rybná 21, Prague 1;

Orders directly at the store can be made at any time within the opening hours of this branch.

Hefaistos recommends the Buyer to place orders via e-shop via the registered Buyer profile on the “e-shop”. In the case of public access to the Internet, he further recommends the Buyer to logout from his profile after making the order.

The Buyer will be informed by e-mail about the exact time of delivery of the ordered goods. The length of delivery of the ordered goods and the shipping cost depends on the mode of transport the Buyer chooses in the second step of the order within his cart.

VIII. Payment Terms

Hefaistos accepts the following payment terms:

a. Cash / card at the store

b. Card online

c. Cash on delivery

c. Through Online Banking

The goods remain, until full payment and takeover, in the Seller’s property, but the risk of damage to the item passes through the takeover of goods on the Buyer.

Buyer billing information cannot be reversed after sending the order.

Seller reserves the right to offer the Buyer only selected forms of payment at his / her discretion.

Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer and, at the same time, is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

IX. Delivery terms

1.  Delivery methods

Seller provides or arranges for the following delivery methods:

a. Delivery in person in shop Rybná 21, Prafue 1

b. Delivery of goods – mail packet – Czech Post

c. Delivery of goods – hand to hand – Czech Post

d. Delivery of goods – PPL

The different modes of transport are offered according to the actual availability of individual services and regarding capacity and landing possibilities. In the event of force majeure or failure of the information system, the Seller shall not be liable for late delivery of the goods.

2. Other Terms

In the case of an order picked-up, which has been paid for in advance via the Internet, the Seller or its contracted partner may request the presentation of an identity card (ID or passport) to prevent damage and to prevent the legalization of proceeds from crime. Without submitting any of these documents, the Seller or its contractor may refuse to issue the Goods. This Seller’s entitlement is in accord with Section 2900 of the Civil Code, which states that if circumstances of the case or the custom of private life so require, everyone is obliged to act in such a way so as not to cause detriment to the ownership of another.

Goods purchased by a Buyer-legal entity will be handed over only to the statutory body of the legal entity, or to a person who is certified by the power of attorney. Goods purchased by a self-employed Buyer will be handed over only on presentation of a valid ID (ID or passport).

If the goods are not handed over by a personal pick-up at a branch and if the goods are purchased by the Buyer who is at the moment of purchase of the VAT payer and is invoiced at a 0% VAT rate then the place of delivery must be the address of the registered office or business listed in the trade, or similar, register.

The Buyer is obliged to check the condition of the shipment (number of parcels, tape integrity, box damage) according to the attached shipping note immediately upon delivery. The Buyer is entitled to refuse to accept a consignment that is not in conformity with the contract of sale because the package is, for example, incomplete or damaged. If the Buyer has received such a damaged shipment from the carrier, it is necessary to describe the damage in the Transmission Transfer Protocol.

Incomplete or damaged shipments must be notified immediately by e-mail to eshop@hefaistos.eu and written down with the carrier, and without delay sent by e-mail or by mail to the Seller. An additional claim of incompleteness or external damage to the consignment does not deprive the Buyer of the right to claim the goods but gives the Seller the opportunity to prove that there is no conflict with the sales contract.

 

X. Warranty conditions

Each legal warranty period is valid for 24 months, unless stated otherwise. The warranty period is calculated from the date of receipt of the goods by the Buyer. The warranty covers all apparent and hidden defects of goods that are incompatible with its functionality and utility properties. The claim must in all cases provide proof of purchase, proof of payment, delivery of goods and owning the goods claimed. Defects must be claimed at the latest by the end of the warranty period. The Seller is required to settle the claim within the statutory deadline within 30 days.

The contact address for complaint handling is the registered address of the company: U starého stadionu 1551/1, 153 00 Praha 5 – Radotín.

XI.Privacy policy

1. Basic provision

a. .The data controller referred to in Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereafter “GDPR“) is Hefaistos Ltd. IČ 44797346 with registered office at U starého stadionu 1551/1, 153 00 Praha 5 – Radotín (hereinafter referred to as “administrator“).

b.The contact information of the administrator are:

address: U starého stadionu 1551/1, 153 00 Praha 5 – Radotín

email: eshop@hefaistos.eu

telephone: +420 737 585 928

c. Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person that can be identified directly or indirectly, in particular by reference to a particular identifier such as name, identification number, location data, network identifier or one or more specific physical, physiological, genetic, psychological, economic, the social identity of this individual.

d. The administrator did not appoint a Data Protection Officer.

2. Sources and categories of processed personal data

a. The administrator processes the personal data you have provided to him / her, or the personal information that the administrator has received on the basis of your order.

b.The administrator handles your identification, contact details and data necessary for performance of the contract.

3. Legitimate reason and purpose of processing personal data

a. The legitimate reason for the processing of personal data is

I. performance of the contract between you and the administrator under Article 6 (1) b) GDPR,

II. the legitimate interest of the controller in providing direct marketing (in particular for sending business messages and newsletters) under Article 6 (1) f) GDPR,

III. Your consent to processing for the purpose of providing direct marketing (in particular for sending business messages and newsletters) pursuant to Article 6 (1) a) GDPR in conjunction with Section 7 (2) of Act No. 480/2004 Coll., on Certain Information Society Services in the Event of Non-Order of Goods or Services..

b. The purpose of processing personal data is

I. arranging your order and exercising the rights and obligations arising from the contractual relationship between you and the administrator; (personal name, address, contact), the provision of personal data is a necessary requirement for the conclusion and performance of the contract, without the provision of personal data it is not possible to conclude the contract or to fulfill it by the administrator,

II. sending business messages and doing other marketing activities.

c. No automatic individual decision-making within the meaning of Article 22 of the GDPR is made by the administrator. You have given your explicit consent to such processing.

4. Retention time of data

a. The administrator keeps personal data

I. for the time necessary to exercise the rights and obligations arising out of the contractual relationship between you and the administrator and the enforcement claims arising from these contractual relationships.

II. until the consent to the processing of personal data for marketing purposes is revoked, for a maximum of 2 years, if personal data are processed under consent.

b. At the end of the retention period, the administrator will erase personal information.

5. Recipients of personal data (subcontractors)

a. The recipients of personal data are persons

I. Contributing to the supply of goods / services / making payments on the basis of a contract,

II. Providing services for the operation of the Hefaistos.shop e-shop and other services related to the operation of the e-shop,

III. providing marketing services

b. The administrator does not intend to transfer personal data to a third country (to a non-EU country) or an international organization.

6.Your rights

a. Under the terms of the GDPR you have

I. the right to access your personal data under Article 15 of the GDPR,

II. the right to correct personal data pursuant to Article 16 of the GDPR, or the restriction of processing under Article 18 GDPR,

III. the right to delete personal data under Article 17 of the GDPR,

IV. the right to object to processing under Article 21 of the GDPR and        

V. the right to data portability under Article 20 GDPR.

VI. the right to withdraw consent to processing in writing or electronically to the address or email of the administrator referred to in Article III of these Terms.

b. You also have the right to file a complaint with the Personal Data Protection Office if you believe that your right to privacy has been violated.

7. Security of personal data

a. The administrator declares that he has taken all appropriate technical and organizational measures to safeguard personal data.

b. The administrator has taken technical measures to secure data warehouses and personal data repositories in paper form.

c. The administrator declares that personal data are only accessible to persons authorized by him / her.

8. Final Provisions security of personal data

a. By sending an order from the online order form, you acknowledge that you are familiar with the privacy policy and that you accept it in its entirety.By sending an order from the online order form, you acknowledge that you are familiar with the privacy policy and that you accept it in its entirety.

b. By sending an order from the online order form, you acknowledge that you are familiar with the privacy policy and that you accept it in its entirety.

c. The administrator is entitled to change these terms. A new version of the privacy policy will be published on your website, and will send you a new version of these terms and conditions to your e-mail address that you have provided to your administrator.

XII. Final Provisions

Relations and possible disputes arising under a contract will be settled exclusively under the law of the Czech Republic and will be settled by the competent courts of the Czech Republic.

Before the litigation is resolved, the Seller recommends that the Buyer first contact the Seller to resolve the situation, contact: sales@hefaistospraha.cz

The contract is concluded in the Czech language. If a translation of the text of the contract is created for the Buyer’s need, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of the terms.

These General Business Terms and Conditions, including their parts, are valid and effective from May 25, 2018 (updated 3.10.2019), available at Hefaistos headquarters and operations or electronically at www.hefaistos.eu