Please note that this is a translation of our Terms and conditions document. If there are any discrepancies in the translation, the document in the Czech language is binding (https://hamparts.shop/content/terms-and-conditions-czech).
1. General provisions
1.1 These Terms and Conditions (hereinafter referred to as "T&C") of Ing. Jan Šustr, with registered office at Palachova 1777/7, 591 01 Žďár nad Sázavou, Czech Republic ID No.: 05476356, VAT No.: 8407024780, registered in the Trade Register of the Municipal Office of Žďár nad Sázavou since 11 October 2016, registration No.: MU/OŽ/2152/2016/kh/4, registering office of the Municipal Office of Žďár nad Sázavou (hereinafter referred to as the "Seller") regulate the rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and the buyer (hereinafter referred to as the "Buyer") through the Seller's online store.
1.2 The online shop is operated by the Seller on the website located at the internet address hamparts.shop (hereinafter referred to as "E-shop" or "Website"), through the interface of the website (hereinafter referend to as the "Shop Web Interface").
1.3 The Seller primarily offers and sells its own products intended mainly for radio amateurs, accessories, goods related to high-frequency technology and other products and services (hereinafter referred to as "Goods") through the Shop Web Interface.
1.4 According to these T&C, the Buyer is a natural person in the capacity of a consumer or a natural person or legal entity doing business.
1.5 A Consumer (hereinafter referred to as "Consumer") is any person who acts or concludes a Purchase Contract with the Seller outside the scope of his business activity or outside the scope of his independent exercise of profession.
1.6 For the purposes of these T&C, a business (hereinafter referred to as "Business person") means any legal entity and, in addition, any natural person who provides an ID number, VAT number or who provides a business name supplement or company name when making a purchase. If the Buyer provides any of these details in the order, he acknowledges that he is considered as Business person in the contractual relationship with the Seller and the Business person rules set out in these T&C apply to him.
1.8 These T&C are an integral part of the Purchase Contract. The T&C are drawn up in Czech and English. In the event of a dispute as to the interpretation of terms, the interpretation of the T&C in the Czech language shall apply. The Purchase Contract with the Seller may be concluded in Czech or English. The Purchase Contract is archived by the Seller for the purpose of its proper performance and is not accessible to third parties.
1.9 The Buyer agrees to the use of remote means of communication in connection with the conclusion of the Purchase Contract. with the Seller. The costs incurred by the Buyer by using remote means of communication in this connection (costs of internet connection, telephone calls) shall be borne by the Buyer. The Buyer may be served at the Buyer's email address.
2. User account
2.1 Based on the Buyer's registration on the Website, the Buyer can access his/her user interface (hereinafter referred to as "User Account"). From his/her User Account, the Buyer can order Goods. If the E-shop allows it, the Buyer can also order Goods without registration directly from the E-shop.
2.2 When registering on the E-shop and when ordering Goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account upon any change. The information provided by the Buyer in the User Account and when ordering Goods shall be deemed correct by the Seller.
2.3 Access to the User Account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her User Account.
2.4 The Seller may cancel the User Account, in particular if the Buyer has not used his/her User Account for more than five (5) years or if the Buyer breaches his/her obligations under the Purchase Contract including these T&C.
2.5 The Buyer acknowledges that the Shop Web Interface and User Account may not be available continuously, especially with regard to necessary maintenance of third party hardware and software.
3. Conclusion of the Purchase Contract
3.1 All presentation of the Goods placed in E-shop is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these Goods. Section of 1732(2) if the Civil Code shall not apply.
3.2 Shop Web interface contains information about the Goods, including the prices of individual Goods. The prices of the Goods on the website are shown in EUR including and excluding the relevant VAT rate according to the applicable legislation. All information about price of the Goods made available via the Website represents the final prices including all taxes and charges for which the Seller is liable, provided that these pries do not include the cost of delivery of the Goods and other levies (see VAT rates, fees and B2B cooperation).
3.3 In the case of delivery of Goods outside the Czech Republic to any of the EU (or EEA) countries, the final price in the order will be charged including value added tax (VAT), except in cases where the Buyer (VAT payer in his/her country) provides in advance information about his/her VAT registration including a valid EU VAT number. For more information, please visit the VAT rates, fees and B2B cooperation page.
3.4 In the case of delivery of Goods to a third country (outside the EU or EEA), prices for Goods are quoted exclusive of VAT and other applicable taxes, fees and duties.
3.5 In order to order Goods, the Buyer shall fill in the order form in the website in several steps. The order form contains in particular information about the Goods ordered, the method of payment of the purchase price of the Goods, the required method of delivery, the costs associated with the delivery of the Goods and information about the Buyer's personal data (hereinafter collectively referred to as the "Order").
3.6 The Buyer creates the Order in several steps, which are, in particular, the selection of the Goods and their quantity, the insertion of the selected goods into the shopping cart via the "Add to cart" button, whereby the selected items are added to the Buyer's shopping cart. The next steps are to fill in the personal data, select the payment method and delivery. The Buyer sends the Order to the Seller by clicking on the "Confirm purchase and pay now" button.
3.7 When creating an order, the Buyer is informed of the available delivery methods for the Goods, as well as the cost of these delivery methods to the delivery location selected by the Buyer. The cost of delivery of the Goods, including the cost of packing, is not included in the purchase price of the goods. If the Seller provides free delivery of the Goods, such fact shall be expressly stated in the case in question. In the event that the Order includes Goods that are not in stock for immediate dispatch to the Buyer, the Goods will be delivered without undue delay after the Goods have been stocked by the Seller. An indicative but not binding delivery date is indicated by the Seller directly on the Website or when confirming the Order.
3.8 Prior to dispatch an Order, the Buyer is always shown a summary of the Order and is given the opportunity to review and edit the Order. The Buyer is required to check all the details they have provided or selected when creating the Order. The information provided in the Order is deemed correct by the Seller.
3.9 The Buyer has the right to cancel the Order, i.e. to withdraw his/her proposal to conclude the Purchase Contract, without any penalty until the Goods have been dispatched. The Buyer is obliged to notify the Seller of the cancellation of the Order via email.
3.10 The Buyer's Order made via the E-shop or via email is a binding proposal of the Buyer to conclude a Purchase Contract with the Seller. The Seller shall promptly confirm receipt of the Order by email to the email address specified in the Order, whereby such confirmation does not constitute acceptance of the Seller's proposal to enter into a Purchase Contract. The confirmation shall be accompanied by the current version of the "T&C" and the Withdrawal from the Purchase Contract.
3.11 Depending on the nature of the Order (quantity of the Goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order.
3.12 The Purchase Contract is concluded by the Seller's acceptance of the proposal to conclude the Purchase Contract, whereby acceptance is deemed to be the Seller's dispatch of the Goods to the Buyer or the Seller's express acceptance by email.
3.13 On a basis of the concluded Purchase Contract, the Seller is obliged to deliver the Goods to the Buyer in the agreed method and in the appropriate quantity and quality. The Buyer is obliged to pay to the Seller the purchase price of the Goods and the freight cost and to take delivery of the Goods.
3.14 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
4. Price and Payment
4.1 Payments for and order may be made by any of the following methods, except that the range of payment methods may vary depending on the Buyer's locations:
a) wire transfer to the Seller's account.
4.2 The Buyer is obliged to make payment for the Order before it is handed over to the carrier for delivery. In the event that the Buyer fails to pay the purchase price of the Goods, including the freight charges, even within fourteen (14) days of the Order confirmation, such delay shall be deemed to be a termination of the concluded Purchase Contract. The Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
4.3 The Seller shall issue an invoice to the Buyer upon payment for the Order, which shall be sent to the Buyer in electronic form to the email address specified in the Order.
4.4 According to the Sales Records Act, the Seller is obliged to issue the Buyer with a receipt (called an EET receipt) when paying in cash. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
5. Transport and Delivery
5.1 The Buyer may choose from the delivery methods offered by the Seller at the time of Order. Based on the Buyer's choice, the Seller is obliged to hand over the Goods to the relevant carrier for transport to the agreed delivery point, with the Buyer being obliged to take delivery of the Goods at the delivery point. This does not apply if the packaging of the Goods shows signs of damage corresponding to unauthorised intrusion into the parcel containing the Goods.
5.2 If none of the methods of transport is satisfactory to the Buyer, the Buyer may arrange the transport himself. In this case, the Buyer bears the risk and costs associated with this method of transport.
5.3 In the event that for reasons on the Buyer's side it is necessary to deliver the Goods repeatedly or by a different method than that specified in the Order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the Goods or the costs associated with another method of delivery.
5.4 Upon receipt of the Goods from the carrier, the Buyer shall check the integrity of the packaging of the Goods and in the event of any defects, notify the carrier immediately. The Buyer is obliged to inspect the Goods immediately upon receipt and notify the Seller of any defects without undue delay.
5.5 In the case of delivery of the Goods to third countries (outside the EU or EEA), the Buyer is responsible for all duties and charges associated with the delivery of the Goods, which he/she is obliged to pay at his/her own expense.
5.6 The risk of damage passes to the Buyer upon acceptance of the Goods. The same consequence shall apply if the Buyer does not take possession of the Goods although the Seller has allowed him/her to dispose of them.
6. Withdrawal from the Purchase Contract
6.1 If the Seller is unable to deliver the Goods on time due to temporary unavailability and the Buyer does not adept a later delivery date, the Seller reserves the right to withdraw from the Purchase Contract. The Buyer is also entitled to withdraw from the Purchase Contract for the same case.
6.2 The Seller also reserves the right to withdraw from the Purchase Contract with the Buyer also for serious objective reasons beyond its control, as a result of which it will not be able to deliver the Goods according to the respective Purchase Contract without undue difficulty (e.g. due to permanent unavailability, substantial changes in the production price of the Goods, the imposition of export of import restrictions by the competent authorities etc.) or in the event that the price of the Goods has been clearly incorrect on the Website due to a technical error.
6.3 The Seller shall also be entitled to withdraw from the Purchase Contract if the Buyer fails to take delivery of the Goods duly delivered or fails to provide the cooperation necessary for their delivery. In such a case, the Buyer shall bear the delivery cost incurred.
7. Withdrawal from the Purchase Contract by the Consumer
7.1 If the Buyer is a Consumer, he/she has the right to withdraw from the Purchase Contract without giving any reason within fourteen (14) days of receipt of the Goods. The withdrawal from the Purchase Contract must be sent to the Seller within this period by email or in writing to the Seller's registered office address. The Consumer can use the Withdrawal from the Purchase Contract form.
7.2 In the event of withdrawal from the Purchase Contract, the Purchase Contract shall be cancelled from the outset. The Goods must be returned to the Seller within fourteen (14) days of the Consumer's withdrawal. If the consumer withdraws from the Purchase Contract, the Consumer shall bear the costs associated with the return of the Goods (e.g. transport, freight charges), even if the Goods cannot be returned due to their nature by the usual postal route. The Consumer bears the risk of damage to the Goods during transport back to the Seller.
7.3 In the event of withdrawal from the Purchase Contract, the Seller shall return the funds received from the Consumer within fourteen (14) days of the Consumer's withdrawal from the Purchase Contract, in the same method in which the Seller received them from the Consumer, unless the Seller and the Consumer have expressly agreed on a different method in which the Consumer will not incur any additional costs. The Seller is not obliged to return the funds received to the Consumer before the Consumer returns the Goods to the Seller or proves that he has sent the Goods to the Seller.
7.4 The Consumer acknowledges that the Purchase Contract cannot be cancelled on delivery, among other things:
a) Goods that have been modified to the Consumer's wishes of for the Consumer's person,
b) Goods which are perishable, as well as Goods which have been irretrievably mixed with other goods after delivery,
c) Goods in sealed packaging which the Consumer has removed from the packaging and which cannot be returned for hygiene reasons,
d) An audio or visual recording or a computer program if it has broken its original packaging.
7.5 The Consumer acknowledges that if the returned Goods are damaged, worn out or partially consumed, the Seller is entitled to claim damages for diminished valued of the Goods and is entitled to unilaterally offset this claim against the Consumer's claim for a refund of the purchase price.
7.6 Until the Consumer has taken delivery of the Goods, the Seller is entitled to withdraw from the Purchase Contract at any time. In this case, the Seller shall inform the Consumer by email to the address specified in the Order and shall refund the purchase price to the Consumer without undue delay.
7.7 If a gift is given to the Consumer together with the Goods, the gift contract between the Seller and the Consumer is concluded with the condition that if the Consumer withdraws from the contract, the gift contract ceases to be effective and the Consumer is obliged to return the gift to the Seller together with the Goods.
7.8 In accordance with Section 1832 of the Civil Code, the Consumer is entitled to a refund of the funds associated with the transport of the Goods (postage, freight charge) upon purchase (not refund). However, this entitlement is only in the amount of the cheapest option offered by the Seller (even if the Consumer chose a more expensive shipping method when placing the Order), and personal collection cannot be considered as such a delivery method.
8. Rights based on Defective Performance
8.1 The Seller shall be liable to the Buyer for the fact that Goods are not defective at the time of the transfer of the risk of damage to the Buyer.
8.2 The Buyer's rights arising from any defective performance shall be governed by Act No. 89/2012 Coll., the Civil Code, in particular Sections 2099 to 2117 thereof and, in the case of Consumer Buyer, also Sections 2165 to 2174 thereof.
8.3 The Buyer shall assert the rights arising from defective performance at the Seller's establishment address or, where applicable, at the Seller's registered office, except in cases where another person is appointed to carry out the repair. The Buyer may use Complaint form.
8.4 The Buyer is obliged to notify the Seller of his/her choice of rights in relation to defects in the Goods at the same time as notification of defects in the Goods without undue delay.
8.5 If the Buyer is a Consumer, the Seller is obliged to decide on the claim immediately, in complex cases within three (3) working days. This time limit does not include the time reasonable according to the type of Goods required for a professional assessment of the defect.
8.6 If the Buyer is a Consumer, the claim, including the removal of the defect, must be settled without undue delay, but no later than thirty (30) days from the date of the claim, unless the Seller agrees with the Buyer on a longer period. Failure to meet this deadline shall be deemed a material breach of the Purchase Contract by the Seller.
8.7 If the Buyer is Business person, the Seller undertakes to decide on the claim within forty (40) days from the date of the claim.
8.8 The Seller shall be liable to the Consumer that the Goods are free from defects upon receipt. In particular, the Seller is liable to the Consumer that at the time to Consumer took delivery of the Goods:
a) the Goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or the manufacturer or expected by the Consumer in view of the nature of the Goods and on the basis of the advertising carried out by them,
b) the Goods are fit for the purpose for which the Seller states trey are to be used or for which Goods of that kind are usually used,
c) the Goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed same of specimen,
d) the Goods are of the appropriate quantity, measure of quality,
e) the Goods comply with the requirements of the legislation.
This provision does not apply to Goods sold a lower price for a defect for which the lower price was agreed. In the case of second-hand Goods, a defect corresponding to the degree of use or wear and tear which the Goods had on receipt by the Buyer or arising from the nature of the Goods.
8.9 If the Goods have defects which constitute a material breach of the Purchase Contract, the Buyer has the right to demand:
a) remedy the defect by repair,
b) remedy the defect by supplying new or missing Goods,
c) a reasonable discount on the purchase price, or
d) withdrawal from the Purchase Contract.
If the Buyer fails to notify the Seller of the choice of his right in time, he/she shall only have the rights set out below in the event of a non-substantial breach of the Purchase Contract. If the Buyer fails to notify the Seller in time of a defect in the Goods, the Buyer loses the right to withdraw from the Purchase Contract. If the Goods only have defects that constitute an insubstantial breach of the Purchase Contract, the Buyer has the right to demand the removal of the defect or a reasonable discount on the purchase price.
8.10 The Consumer may also demand delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect. If the defect relates only to a part of the Goods, the Consumer may only demand the replacement of the part. If this is not possible, the Buyer may withdraw from the Purchase Contract. The Buyer who is a Consumer may demand delivery of new Goods or replacement of a part of the Goods even in the case of a removable defect, if the Goods cannot be used properly because of the recurrence of the defect after repair or because of a large number of defects. In such a case, the Consumer may also withdraw from the Purchase Contract.
8.11 If a defect in the Goods becomes apparent within twelve (12) months of receipt, the Goods shall be deemed to have been defective upon receipt. The Consumer is also entitled to claim the right to claim for a defect that occurs in the Goods within twenty-four (24) months of receipt, provided that this does not apply to a defect for which a lower price was agreed, wear and tear of the Goods through normal use, in the case of used Goods to a defect corresponding to the degree of wear and tear upon receipt by the Buyer, and furthermore if this results from the nature of the Goods. The entrepreneur shall be entitled to claim the right from a defect that occurs in the Goods within twelve (12) months from the date of receipt of the Goods, provided that this shall not apply to a defect for which a lower price has been agreed, to wear and tear of the Goods through normal use, to a defect corresponding to the degree of wear and tear on receipt by the Buyer, and if this in apparent from the nature of the Goods. For more information, please visit the Warranty, return and after-sales service page.
8.12 The Seller shall not be liable for defects and damage arising from:
a) improper assembly of the Goods,
b) wear and tear resulting from the normal use of the Goods for their intended purpose,
c) improper handling or maintenance,
d) prolonged neglect of maintenance,
e) use in unsuitable conditions (in particular climatic conditions, dust, temperature, humidity, etc.),
f) natural elements of force majeure,
g) mechanical damage,
h) electrical surges,
i) improper installation, handling or operation,
j) modification or intervention by the Buyer (or a person authorised by the Buyer).
8.13 Whoever has a right under Section 1923 of the Civil Code is also entitled to compensation for costs reasonably incurred in exercising that right. However, if he/she does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the Seller argues that the right to compensation was not exercised in time.
9. Complaints and Out-of-Court Dispute Resolution
9.1 Buyers may address their complaint directly to the Seller at the Seller's email address specified in Article 11.9 of these T&C. Information on the handling of the complaint will always be sent by the Seller to the Buyer's email address.
9.2 The Buyer may also contact the state supervisory authorities in the relevant area directly with any complaints. The Seller is authorised to sell Goods on the basis of a Trade license. Trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises compliance with Act. No. 634/1992 Coll., on Consumer Protection, within a defined scope.
9.3 In the event that a Consumer dispute arises between the Buyer as a Consumer and the Seller, which cannot be resolved by mutual agreement, the Buyer is entitled to submit a proposal for Out-of-Court settlement of such dispute to the competent body for Out-of-Court settlement of Consumer disputes, which is: Czech Trade Inspection Authority, Central Inspection (Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, www.coi.cz, firstname.lastname@example.org). The Buyer may also use the online dispute resolution platform established by the European Commission, available at https://ec.europa.eu/consumers/odr/.
10.2 The Buyer acknowledges that it is obliged to provide its personal data correctly and truthfully and that it is obliged to inform the Seller without undue delay of any change in its personal data. The Buyer confirms that the personal data provided is accurate.
10.3 The Seller fulfils its legal obligations related to the possible storage of cookies on the Buyer's device by means of a separate Cookies document.
11. Final provisions
11.1 The Seller may modify or supplement the wording of these T&C at any time, without prejudice to the rights and obligations arising during the period of validity of the previous version of the T&C. In addition, the Seller may unilaterally amend the T&C to the extent appropriate with respect to its long-term obligations under these T&C. The Seller shall notify the Buyer of such change to the T&C at least fourteen (14) days before the effective date of the new T&C by posting the new version on the Website or by a message sent to the Buyer's email address.
11.2 If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the Buyer, who is a Consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6 (1) of Regulation 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligation (Rome I).
11.3 The parties expressly exclude the application of the Vienna Convention on the Purchase of Goods (CISF) to contractual relationship based on a Purchase Contract under these T&C.
11.4 If any provision of the T&C is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.5 The Seller shall not be bound by any special codes of conduct in relation to the Buyer.
11.6 A valid and effective version of these T&C is always available at https://hamparts.shop/content/terms-and-conditions.
11.7 This version of the T&C is valid and effective from xyxyxy and supersedes all previous versions of the T&C, including theirs other parts.
11.8 Attached to these T&C is a Withdrawal from the Purchase Contract form.
11.9 Seller's contact details:
registered office: Palachova 1777/7, 591 01 Žďár nad Sázavou, Czech Republic
establishment and delivery address: Brněnská 326/34, 591 01 Žďár nad Sázavou, Czech Republic
e-mail address: email@example.com
telephone number: +420 607 846 638
payment details for payment in CZK: 2400474394/2010, IBAN: CZ8220100000002400474394, SWIFT: FIOBCZPPXXX
payment details for payment in EUR: 2002003247/2010, IBAN: CZ9820100000002002003247, SWIFT: FIOBCZPPXXX