General Business Terms and Conditions
of Radimír Beseda operating e-shop titled HiSModel.com
with registered office: B. Nikodéma 4476/15, 708 00, Ostrava, Czech Republic
administered in the Trade Register in Ostrava,
Identification number: 04581954
CRN: CZ6207291640
The sale of goods by means of on-line store located on internet address www.HiSModel.com
1. INTRODUCTORY PROVISIONS
1.1. The business terms (hereinafter the „business terms of Radimír Beseda, with head office at B. Nikodéma 4476/15, 708 00 Ostrava, Czech Republic, identification number: 04581954, registered in the Trade Registry of Ostrava, (hereinafter the „Seller“) treat in compliance with provision § 1751 clause 1 Act no. 89/2012 Coll., Civil Code, as amended (hereinafter „Civil Code“). Mutual rights and obligations of the contracting parties resulting in relation or based on a purchase contract (hereinafter referred to as the „Purchase Contract“) concluded between the seller and another physical (hereinafter referred to as the „Purchaser“) by means of the internet store of the seller. Internet store is operated by the seller on internet address www.HiSModel.com (hereinafter referred to as ‚web page‘), by means of web interface (hereinafter referred to as the „store web interface“).
1.2. The Purchaser is obliged to become acquainted with the Complaint Procedure and General Business Terms prior to ordering the goods.
1.3. Business terms do not relate to the cases, when a person who intends to purchase the goods from the seller, is a legal entity or entity which acts within its business activities during the order placement or within the independent employment.
1.4. Provisions incompliant with the conditions can be agreed in the purchase contract. Divergent provisions in the purchase contract shall have precedence over provisions contained in these terms and conditions of trade.
1.5. The provisions of the business conditions for a part of the purchase contract. Purchase contract and the business terms are completed in Czech language and English language. The Purchase contract can be concluded in Czech and English language.
1.6. The business terms can be changed and amended by the seller. This provision does not affect the rights and obligations established during former wording of the business terms.
2. User account
2.1. Based on the registration of the purchaser on the web page, the purchaser can enter his/her user interface. The purchaser can order goods from his / her user interface during the ordering of goods (hereinafter the „user account“). The web interface of the store can enable the user to order the goods without the registration directly from the store web interface.
2.2. During the registration on the web page and during the order of the goods, the purchaser is obliged to correctly define true data. The data defined in the user account must be updated during any change. Data defined by the purchaser in the user account and during the order of the goods, are considered correct by the seller.
2.3. The access to the user account is secured with username and password. The purchaser is obliged to maintain confidentiality considering information required for the access to the user account.
2.4. The Purchaser is not entitled to enable the use of user account to third parties.
2.5. The seller can cancel the user account, particularly if the purchaser violates the obligations from the purchase contract (including business conditions).
2.6. The purchaser is aware that the user account must not be available permanently, particularly considering the required maintenance of hardware and software equipment of the seller or required hardware and software equipment of third parties.
3. Conclusion of purchase contract
3.1. All presentations of the goods placed on the store web interface are not binding and the seller is not obliged to conclude the purchase contract considering these goods. Provision of Section 1732, par. 2 Civil Code does not apply:
3.2. Web interface of the store contains the information related to the goods, including the price specification for individually offered goods. The prices for the offered goods are specified VAT included with all other charges. The prices remain valid for the period they are displayed on the web interface of the store. This provision does not limit the options of the seller to conclude the purchase contract under individually agreed conditions
3.3. The web interface of the store also contains information on the costs related to the packaging and the supply of goods. Information on the costs related to the packaging and the supply of goods defined on the store web interface apply only in cases when the goods are delivered in the Czech Republic and abroad. The prices for delivery in the Czech Republic differ from delivery abroad. The transport costs can be agreed also individually based on the customer requirement.
3.4. The purchaser must complete the order form for ordering the goods on the store web interface. The order form contains particularly information on:
3.4.1. Ordered goods (the purchaser ‘inserts’ the goods in the electronic purchase basket of the store web interface);
3.4.2. The payment method for the purchase price, data on required delivery method of the purchased goods; and
3.4.3. Information on the costs related with the supply of goods (hereinafter together referred to as the 'Order’).
3.5. Prior to sending the order to the seller, the purchaser will be able to check and change the data inserted in the order, even with the option of the purchaser to find and correct errors occurred during the data entry in the order. The order will be sent by the purchaser to the seller by clicking on button „Complete Order“. The data defined in the order are considered by the seller to be correct. The seller, immediately after receiving the order, conforms the reception to the purchaser via the electronic mail, and to the address of the electronic mail of the purchaser defined in the user interface or the order (hereinafter referred to as ‘electronic address of the purchaser’).
3.6. The seller is always authorized to ask the purchaser for additional order confirmation (e.g. in writing and by phone) depending on the order character (the amount of goods, the amount of purchase price, expected transport costs).
3.7. The contractual relation between the seller and the purchaser is established by delivering the order acceptance, which is sent by the purchaser to the seller by electronic mail, and to the address of electronic mail of the purchaser.
3.8. The purchaser agrees with the use of remote communication tools during the conclusion of the purchase contract. The costs of the purchaser during the use of the remote communication tools in relation to the conclusion of the purchase contract (costs for internet connection, costs for telephone calls) are paid by the purchaser according to the basic rate.
4. Price for the goods and payment terms
4.1. The price for the goods and potential costs related with the supply of the goods according to the purchase contract, can be paid as follows:
4.1.1. Settled in cash: In the facility of the seller;
4.1.2. In cash on delivery in the location defined by the purchaser in the order;
4.1.3. Cash-free by account transfer to the seller’s account at FIO banka, a.s.
- In Czech Koruna account no.: 2701016231/2010, IBAN: CZ5820100000002701016231
- In Euro to account no.: IBAN: CZ8020100000002801016239
- In American Dollar to account: IBAN: CZ1120100000002901016236
BIC/SWIFT: FIOBCZPPXXX
(hereinafter referred to as „Account of the Seller“)
4.1.4. By Credit card - via a secured payment gate operated by company ThePay to the seller's account. The payment gateway accepts all current payment cards: VISA, MasterCard ...
4.1.5. Transfer by means of payment system PayPal, accessible on web address www.paypal.com. PayPal account of the seller: message@hismodel.com.
Extra charge to the purchase price – The seller reserves the entitlement to extra charge to the purchase price of 2,2 % in case of payment by means of PayPal, to cover the charges accounted by PayPal for using the service.
4.2. The purchaser must pay the purchase price together with the costs of packaging and the supply of goods to the seller within the agreed amount. Unless specified otherwise, the purchase price of the goods includes the costs for the supply of the goods.
4.3. The Seller does not require advance payment or another similar payment. It does not affect the provision in art. 4.6 of business terms considering the obligation to pay the purchase price in advance.
4.4. In case of payment in cash or in case of cash on delivery payment, the purchase price is due upon the goods acceptance. In case of cash-free payment, the purchase price is due within 10 days from the contract conclusion.
4.5. In case of cash-free payment, the purchaser is obliged to pay the purchase price for the goods together with the specification of the payment variable symbol. In case of cash-free payment, the obligation of the purchaser to pay the purchase price is fulfilled upon assigning the respective amount to the seller’s account.
4.6. The seller is entitled, (art. 3.6), to require the payment of the whole purchase price prior to sending the goods to the purchaser. Provision § 2119 clause 1 Civil Code will not apply.
4.7. Potential discounts from the price for the goods provided by the seller to the purchaser cannot be mutually combined.
4.8. The seller, considering the payments completed based on the purchase contract, shall issue tax record to the purchaser – invoice. The seller is the payer of value added tax. Tax record – invoice will be issued by the seller to the purchaser upon paying the price for the goods and send it in electronic form to the electronic address of the purchaser.
4.9. Extra charge to the purchase price – The seller reserves the entitlement to extra charge to the purchase price of 2,2% in case of payment by means of PayPal, to cover the charges accounted by PayPal for using the service.
5. Withdraw from the purchase contract
5.1. The Purchaser is aware that according to provision § 1837 Civil Code, it is impossible to withdraw from the purchase contract on the supply of goods which was adjusted according to the requirement of the customer or for the customer, from the purchase contract on the supply of goods subject to fast deterioration, and for goods mixed with other goods after the supply, from purchase contract for the supply of goods in closed package removed by the consumer from the package and the hygienic reasons prevent the possibility of returning the goods, and from purchase contract on the supply of acoustic or image record or computer program if the original package was damaged.
5.2. If it does not include the case defined in article 5.1 or another case, when withdrawal from the purchase contract is impossible, the purchaser in compliance with provision § 1829 clause 1 Civil Code is entitled to withdraw from the contract within fourteen (14) days from the goods acceptance; if the purchase contract includes several types of goods or the supply of several parts, the period commences from the period of accepting the last supply of goods. Withdrawal from the contract must be delivered to the seller within the deadline defined above. For the withdrawal from the contract, use the sample form provided by the seller and forming annex to the business terms. The withdrawal from the purchase contract will be sent by the purchaser in writing to the address of the facility of the seller or electronically to the address of electronic mail of the seller message@hismodel.com.
5.3. In case of withdrawal from the contract as per art. 5.2 of the business terms, the purchase contract is terminated from the beginning. The goods must be returned to the seller within fourteen (14) days from sending the withdrawal from the contract to the seller. If the purchaser withdraws from the purchase contract, the purchaser bears the costs related with the goods' return to the seller, even in case the goods cannot be returned using conventional way.
5.4. In case of withdrawal from the contract according to article 5.2 business terms, the seller shall return the finances accepted from the purchaser within fourteen (14) days from the withdrawal from the purchase contract, using identical method as for receiving the finances from the purchaser. The seller is also entitled to return the fulfilment provided to the purchaser during the goods return or using another method, if the purchaser agrees and no costs result for the purchaser. If the purchaser withdraws from the purchase contract, the seller is obliged to return the finances to the purchaser before the purchaser returns the goods.
5.5. The seller is entitled to account the payment of the occurred damage against the entitlement of the purchaser to return the purchase price.
5.6. Until the purchaser accepts the goods, the seller is entitled to withdraw from the contract any time. In such case the seller returns to the purchaser the purchase price without undue delay, cash-free to the account defined by the purchaser.
5.7. If the purchaser receives a present with the delivered goods, the deed of gift between the seller and the purchaser is concluded with the resolute condition, that in case of withdrawal from the purchase contract by the purchaser, the deed of gift loses effectiveness and the purchaser must return the gift together with the goods.
6. Preparation and supply of goods
6.1. If the transport method is agreed based on special requirements of the purchaser, the purchaser bears the risk and potential additional costs related with the transport method.
6.2. If the seller according to the purchase contract is obliged to supply the goods to the place defined by the purchaser in the order, the purchaser is obliged to accept the goods during the delivery.
6.3. In case it is necessary to deliver the goods repeatedly due to reasons caused by the purchaser or another way then specified in the order, the purchaser is obliged to pay the costs related with the repeated delivery of the goods, i.e. the costs related with another method of delivery.
6.4. During the acceptance of the goods from the transport provider, the purchaser is obliged to check the goods packaging for damage and in case of any demerges immediately notify the transport provider. In case of the packaging damage which proves the unauthorized intervention in the delivery or proving possible damage of goods, the purchaser must not accept the delivery from the transport provider. If the purchaser accepts the delivery with damaged packaging and does not file a complaint record with the transport provider, the purchaser’s right for the complaint becomes invalid.
6.5. Further rights and obligations of the parties during the goods transport are subject to the Complaint Procedure of the seller.
7. Rights from Defective Fulfilment
7.1. The rights and obligations of the contractual parties regarding rights from valid fulfilment is subject to the respective generally binding regulations (particularly provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 Civil Code).
7.2. The Seller declares that the goods are free from defects upon reception. The seller guarantees to the purchaser that during the goods acceptance period by the seller:
7.2.1. The goods have the agreed properties by the parties, and in case of no agreement, the properties specified by the seller or the manufacturer or which the purchaser expected considering the character of the goods and based on completed advertising;
7.2.2. The goods are suitable for the purposes specified by the Seller for the use or for which it is commonly used;
7.2.3. The quality or design of the goods complies with the contractual sample or template, if the goods quality and design were defined by the sample or template;
7.2.4. Goods are within corresponding amount, dimensions, length, volume and weight;
7.2.5. The goods comply with the requirements defined by legal regulations.
7.3. Provisions defined in art. 7.2 business terms do not apply to goods sold for lower prices due to a defect for which the lower price was agreed, for the goods wear caused by common use, in used goods for defect corresponding to the level of use or wear of the goods during the acceptance by the purchaser, or if it results from the nature of the goods.
7.4. If the defect of the goods appears during six months from acceptance, the goods are considered defective during reception.
7.5. Enforcement of rights from defective fulfilment must be performed at the Seller in writing. The moment of complaint filing is the moment the seller received the goods in question from the purchaser. The deadline when the Purchaser proves that it took the steps according to the Complaint Procedure and sends to the Seller to electronic address message@hismodel.com Completed Complaint form or the notification fulfilling the requirements of the Complaint Form.
7.6. Further rights and obligations of the parties related to the seller’s obligations for the defects are subject to Complaint Procedure of the seller forming a part of business terms.
8. Other rights and obligations of the Contractual parties
8.1. The purchaser receives the ownership title for the goods at the time of purchase price payment.
8.2. The seller is not in relation with the purchaser bound by any codes of behavior as per the provision § 1826 clause 1 letter e) of Civil Code.
8.3. The settlement out of court related to the complaints from the purchasers – in case of consumer dispute between the seller and the purchaser resulting from the purchase contract on the provision of services, which cannot be settled by mutual agreement, the purchaser can file a proposal for out of court settlement to the subject defined for out of court settlements for consumer disputes, which is:
Czech Business Inspection
Authority General Inspectorate - ADR Department
With head office: Štěpánská 15
120 00 Praha 2
Email: adr@coi.cz
Web: www.adr.coi.cz
The Purchaser can also use the platform for dispute settlement online, managed by the European Committee on address http://ec.europa.eu/consumers/odr/
8.4. The seller is entitled to sell the goods based on the trading license. The trading inspection is performed within the competence of the trading license office. The Body for Personal Data Protection supervises the personal data protection. The Czech Business Inspection performs the supervision within limited scope on the area of observing act no. 634/1992 Coll., on the protection of the consumer, as amended.
8.5. The Purchaser accepts the hazard of changing the circumstances as per § 1765 clause 2 Civil Code.
9. Personal data protection
9.1. Personal data protection of the purchaser, who is physical entity, is subject to Act no. 101/2000 Coll., on the protection of personal data, as amended. Seller is registered with the Office for Personal Data Protection under the registration number: 00075663. And processes personal data according to GDPR policy.
9.2. The purchaser agrees with the processing of the personal data: Name and surname, address, identification number, tax identification number, electronic mail address, telephone number (hereinafter together as 'personal data’).
9.3. The purchaser agrees with personal data processing for the purposes of the rights and obligations completion from the purchase contract, and for the purposes of user account administration. Unless the purchaser chooses a different option, he/she agrees with personal data processing by the seller for the purposes of sending information and business statements to the purchaser. The consent with personal data processing within the whole scope of this article is not a condition which would prevent the conclusion of the purchase contract.
9.4. The purchaser acknowledges it is obliged to provide its personal data (during the registration, in its user account, during the order made from the store web interface) true and correct, and any changes to the personal data must be immediately notified to the seller.
9.5. Personal data processing of the purchaser can be assigned to a third person, as the processing party. Additionally, to persons transporting the goods, personal data will not be provided to third persons without former consent of the purchaser.
9.6. Personal data will be processed in the duration according of the GDPR policy. Personal data will be processed in electronic format by automated method or in printed method using non-automated method.
9.7. The purchaser confirms that provided personal data are accurate and he/she was informed that it is a voluntary provision of personal data.
9.8. If the purchaser assumed that the seller or the processor (art. 9.5) performs the personal data processing in breach with the protection of private and personal life or in breach with law, particularly in personal data is inaccurate considering their purpose of processing, he / she can:
9.8.1. Request the explanation from the seller or processor;
9.8.2. Request the seller or the processor to remove such occurred state.
9.9. If the purchaser requests the information on personal data processing, the seller must provide it. The seller is entitled to provide information according to the former sentence for adequate payment not exceeding the costs necessary for the information provision.
10. Sending the business statements and the use of cookies
10.1. The purchaser agrees with sending information related with the goods, services, and the company of the seller to the electronic address of the purchaser and agrees with sending the business statement by the seller to the electronic address of the purchaser.
10.2. The purchaser agrees with using so called cookies in his/her computer. If the purchase on the web page can be performed and the obligations of the seller can be fulfilled without the use cookies in the purchaser’s computer, the purchaser can withdraw his/her consent.
11. Delivering electronic mail
11.1. The purchaser can receive information according to point 10.1. in electronic form on electronic address defined in the user account or in the order of the purchaser.
12. Final Provisions
12.1. If the relation based on the purchase contract reaches international (foreign) element, the parties agree that the relation is subject to the Czech law. This does not affect the rights of the consumer resulting from the generally binding legal regulations.
12.2. If any of the provisions of the business terms above is invalid or ineffective, or becomes ineffective, it will be replaced with the provision with the meaning as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions. The changes and amendments of the purchase contract or business conditions require a form in writing.
12.3. The purchase contract including the business conditions is archived by the seller in the electronic form and the file is not accessible.
12.4. The provisions of the business conditions forms a sample form for the withdrawal from the purchase contract.
12.5. Contact details of the seller and the address for delivery:
Radimir Beseda
B. Nikodema 4476/15
708 00 Ostrava
Czech Republic, Europe
Email address: message@hismodel.com
Telephone: +420 736 643 287
In Ostrava on 31. May 2021
Radimir Beseda